PUBLIC AGENCY
■ RETIREMENT SERVICES
CITY OF BEAUMONT Account Report for the Period
PARS Post -Employment Benefits Trust
Elizabeth Gibbs
City Manager
City of Beaumont
550 East 6th St.
Beaumont, CA 92223
6/1/2025 to 6/30/2025
Account Summary
Source
Balance as of
6/1/2025
Contributions
Balance as of
Earnings Expenses Distributions Transfers 6/30/2025
PENSION $3,653,037.29 $608,102.00 $112,879.29 $1,762.61 $0.00 $0.00 $4,372,255.97
Totals $3,653,037.29 $608,102.00 $112,879.29 $1,762.61 $0.00 $0.00 $4,372,255.97
Investment Selection
Source
PENSION Moderate - Strategic Blend
Investment Objective
Source
PENSION
The dual goals of the Moderate Strategy are growth of principal and income. It is expected that dividend and interest income will comprise a significant portion of total return, although growth through capital appreciation is equally important. The portfolio will be allocated between equity and fixed income investments.
Investment Return
Source 1 -Month 3 -Months 1 -Year
PENSION
3.00%
5.59%
10.08%
3 -Years
Annualized Return
5 -Years 10 -Years
9.78%
Plan's Inception Date
3/14/2022
Information as provided by US Bank, Trustee for PARS; Not FDIC Insured; No Bank Guarantee; May Lose Value Past performance does not guarantee future results. Performance returns may not reflect the deduction of applicable fees, which could reduce returns. Information is deemed reliable but may be subject to change.
Investment Return: Annualized rate of return is the return on an investment over a period other than one year multiplied or divided to give a comparable one-year return.
Account balances are inclusive of Trust Administration, Trustee and Investment Management fees Headquarters - 4350 Von Karman Ave., Suite 100, Newport Beach, CA 92660 800.540.6369 Fax 949.250.1250 www.pars.org
BEAUMON
-C A L I F O R N !IT
Staff Report
TO: City Council
FROM: Marcia Mason, Budget Analyst
DATE: August 19, 2025
SUBJECT: FY2024-2025 4th Quarter Budget Update and Financial Status Report Description: Quarterly report on the status of the City's budget and financial status as of June 30, 2025.
Background and Analysis:
The Fiscal Year 2024-25 4th quarter financials provide an update to the City's financial position relative to the FY 2024-25 budget.
Budget Control and Monitoring
The City of Beaumont Budget Policy provides that the Finance Department will maintain a system of tools for departments to manage their budgets and for financial monitoring and control of the City's budget during the fiscal year. This system will provide the departments and City Council with information on revenue, expenditures, and budget performance at both the department and fund level.
General Fund Summary
Most of the General Fund revenue budget is from taxes. Property tax is usually recorded in December and May. Sales tax is received in monthly advanced estimated payments and then a quarterly actual clean-up payment. Other taxes include Motor Vehicle In -Lieu, which is received in February and June, as well as Utility Users tax, which is received monthly.
General Fund Revenues
As of June 30, 2025, the City has collected 107% of the FY 2025 budgeted revenues.
Sales tax has been recorded through April. Interest is well over budget but still needs to allocate interest to other funds. Revenues for FY25 received through August 30, 2025, will continue to be recorded. Below is a table for General Fund Revenues as of June 30, 2025.
Taxes
Licenses
Permits
Franchise Fees
Grants
Charges for Services
Fines and Forfeitures
Cost Recovery
Miscellaneous
Other Financing Sources
Transfers
TOTAL REVENUES
GENERAL FUND
ORIGINAL
BUDGET
FY2024/25
CURRENT
BUDGET
FY2024/25
ACTUAL
FY2024/25
ESTIMATED
ACTUALS
47, 697,416.00
398,437.00
2,204,998.00
3,421, 662.00
2,666,801.00
174,194.00
950,988.00
1, 749, 915.00
1,589,468.00
7,263,776.00
48,657,531.00
398,437.00
2,204,998.00
3,421,662.00
2,916,801.00
174,194.00
950,988.00
1,749,915.00
1,589,468.00
7,341,076.00
51,341,317.36
428,992.22
2,175,030.94
4,007, 5 74.17
26,250.00
2,861,329.74
241, 900.50
1,173,571.58
4416,186.26
1,589,325.12
6,328,300.78
55,884,749.36 106%
428,992.22 108%
2,175,030.94 99%
4,007, 5 74.17 117%
26,250.00 ' 0%
2,861,329.74 98%
241,900.50 139%
1,173,571.58 123%
4,116,186.26 235%
1,589,325.12 100%
7,341,076.00 86%
68,117, 655.00
69,405, D7D.DD
74,289,778.67
79,845,985.89 107%
General Fund Departments
The table below provides an overview of the general fund department budgets through June 30, 2025.
General Fund Expenditures
DEPARTMENT
FY 2025
ORIGINAL
BUDGET
CURRENT
FY 2025
BUDGET
FY 2825
ACTUAL
96 Non -Departmental
6,535,845.00
19,000,845
18,382,836.12
96.7%
City Council
258,132.00
358,132
351,563.71
98.2%
City Clerk
735,687.00
736,213
1 656,741.26
89.2%
Administration
1,415,425.00
1,446,925
1,266,906.05
87.6%
Communications
583,904.00
603,904
494,726.12
81.9%
Finance
1,947,981.00
2,930,837
2,885,410.78
98.5%
IT
1,977,193.00
1,977,193
1,938,976.86
98.1%
Economic Development
928,647.00
2,005,145
624,872.72
31.296
Risk and HR
3,780,143.00
3,780,143
3,473,099.60
91.9%
Legal
1,500,000.00
1,500,000
1,207,500.86
80.5%
Community Development
964,171.00
999,478
764,813.86
76.5%
Community Services
2,182,288.00
2,194,756
1 1,811,757.29
82.5%
Animal Cont, of
368,025.00
372,247
313,517.34
84.2%
Community Enhancement
385,343.00
425,068
321,622.37
75.7%
Police
17,317,370.00
17,489,096
16,930/99.89
96,894
K-9
17,463.00
27,327
24,665.94
90.3%
Police Support
3,306,054.00
3,310,412
2,870,384.73
86.7%
Fire
9,271,237.00
9,271,237
5,160,209.60
55.7%
Building and Safety
1,430,099.00
1,699,509
1,309,806.21
77.1%
Public Works
2,820,992.00
2,916,507
2,419,243.96
83.0%
Street Maintenance
2,922,935.00
3,017,744
2,714,989.10
90.0%
Building Maintenance
1,391,247.00
1,391,247
1,254,661.21
90.2%
Parks and Grounds
4,694,735,00
4,739,735
4,335,553.96
91.594
TOTAL EXPENDITURES
66,734,916.00
82,193,788
71,514,659.54
87.096
Departments that have been highlighted in yellow are outside of the +/- 10% from the 100% threshold. Activity for FY25 will continue to be processed through August 30, 2025, and posted to FY25.
The following table provides for expenditures by type. Personnel costs make up 41 % of the actuals to date. Currently, all categories are within budget. Operating costs are 30% of actuals followed by capital at 4%. Overall, estimated actuals have revenues coming in $10.4M above budget and expenditures $10.6M below budget for an overall estimated surplus of $8.3M.
EXPENSE TYPE
FY 2O25
ORIGINAL
BUDGET
FY 2O25 CURRENT
BUDGET
FY 2025 ACTUAL
ESTIMATED
ACTUALS
%
Personnel
Salaries and Wages
21,823,874.00
22,001,203.00
20,824,218.48
20,824,218.48
95%
Benefits
9,499,549.00
9,574,901.00
7,940,316.94
7,940,315.94
83%
Other
553,866.00
555,708.00
444,210.87
444,210.87
79%
Operating
TOTAL PERSONNEL 31,887,289.00
Recruitmentf Hirin
Utilities
Administration
Fleet Costs
Program Costs
Repairs & Mainten
Capital
Supplies
Special Services
Contractual Service
Other
TOTAL OPERATING
Equipment
Furniture
Vehicle
Structure
Debt Service (Leas
TOTAL CAPITAL
Contingency
CONTINGENCY
Transfers
32,141,812.00
29,208, 745.29
29,208,746.29 91% 41%
40,000.00
142,377.34
142,377.34
356%
ZO24,51O.OO
2,024,510.00
2,177,021.82
2,177,021.82
1O8%
1,301,927.00
1,307,835.00
1,298,569.08
1,298,569.08
99%
888,860.00
903,850.00
851,941.57
851,941.57
95%
1,857,071.00
2,810,879.00
1,652,152.99
1,562,152.99
59%
1,384,180.00
1,480,708.00
935,693.88
935,693.88
63%
1,301,028.00
1,358,740.00
1,147,453.50
1,147,4.53.50
84%
390,000.00
679,471.00
302,735.15
302,735.16
45%
14, 347,044.00
15,529,779.00
1O,O3O,397.OD
11,830, 397.00
65%
3, 2OO, 316.00
3,160, 316.04
2,655,504.02
2,655,504.02
84%
26,694,936.00
24,295, 098.00
21,213,846.35
23,013,845.36
12% 30%
832,598.00
853,719.00
758,555.04
308,555.04
88%
-
-
-
-
O%
888,883.00
1,000,857.00
1,038, 358.51
1,038, 358.51
144%
308,4.56.00
308,456.00
308,455.0
308,4.55.00
1OO%
s)
120,005.00
535,206.17
536,205.17
2,029,943.00
2,288,047.00
2,641, 515.12
2,691,515.72 115% 4%
75,000.00 75,000.00
57,655.05 65,396.61 9O% O%
TRANSFERS 5,927,743.00 18,392,743.00 18, 382,836.12 18,392,743.00 1OO% 26% Total Expenditures 66,614,911.00 82,193,700.00 71,514,659.54 73,372,307.98 87% 89% Wastewater Fund Summary
Revenues
Wastewater revenues are collected in arrears. The July billing is accrued back to prior FY25. Billing is completed bi-monthly. As of June 30, 2025, the Wastewater Fund has collected 114% of its budgeted revenues.
Fines and Forfeitures
Cost Recovery
Miscellaneous
Proprietary Revenues
Other Financing Sources
Transfers
WASTEWATER REVENUES
FY 2025
ORIGINAL
BUDGET
FY 2025
CURRENT
BUDGET
ACTUAL
FY2D24/25
ESTIMATED
ACTUALS
3,500.00
113,921.00
14,712,628.00
3,500.OO
113,921.OD
14,712,628.OD
85,500.16
172,16.4.11
431,O27.83
16, 2O3,45 2.65
172.86
85,500.0D
172,164.OO
431,O27.S3
17,4O3,453.OO
173.OD
096
4919%
37S%
11O%
O%
O%
TOTAL REVENUES 14,83O,O49.OO 14,83O,O49.OO 16,892,317.61 18,O92,317.83 114% Expenses
Wastewater expenses as of June 30, 2025, total $14.2M, which is 96% of the FY2025 budget. Personnel Costs make up 19% of the actuals to date, Operating Costs make up 44%, Contingency and capital make up 4% of the budget, and Transfers Out for projects and debt service make up the remaining 34%.
Currently, all categories are within budget except Contingency. Overall, estimated actuals have revenues coming in $3.2M above budget and expenses coming in $619K below budget for an overall estimated surplus of $3.8M.
WASTEWATER
Personnel
Operating
Capital
EXPENSE TYPE
FY 2025
ORIGINAL
BUDGET
FY 2025
CURRENT
BUDGET
FY 2025
ACTUAL
ESTIMATED
ACTUALS
Salaries and ..Vages
Benefits
Other -
TOTAL PERSONNEL
1,794,395.00 1,794,395.00 1,796,992.67 1,796,992.67 100% 675,743.00 675,743.00 581,674.97 551,674.97 56%
39,706.00 39,706.00 120,737.54 120,737.54 304%
2,509,844.00 2,509,844.00 2,499,405.18 2,499,405.18 100% Utilities 1,249,800.00 1,249,800.00 1,277,481.52 1,277,481.52 102% Administration 283,633.00 283,633.00 230,024.75 230,024.75 51% Fleet Costs 93,810.00 93,810.00 70,391.73 70,391.73 75% Repairs & Maintenance 237,028.00 237,428.00 230,174.05 230,174.05 97% Supplies 941,500.00 941,500.00 748,483.58 748,483.58 79% Contractual Services 1,776,026.00 1,520,226.00 1,311,455.28 1,311,455.28 72`x6 Admin Overhead 1,459,000.00 1,489,000.00 1,489,000.00 1,489,000.00 100`x6 Other 504,312.00 504,312.00 403,675.75 403.675.75 80`x6 TOTAL OPERATING 6,575,109.00 6,619,309.00 5,760,686.66 5,760,686.66 8796 Equipment
Structure
TOTAL CAPITAL
Contingency CONTINGENCY
Debt Service
Transfers TRANSFERS
Total Expenses
11,852.50
9,245.00
11.852.50
9.245.00
21,097.50 21,097.50
220,500.00 237,440.00 466,073.24 466,073.24 196%
346.00
346.00 - 346.00
5,524,250.00 5,524,250.00 4,473,070.27 5,524,250.00 8196 Transit Fund Summary
Revenues
14,830,049.00 14,891,189.00 13,220, 332.85 14, 271, 512.58 89% Most of the transit fund revenues consist of funding from the Riverside County Transportation Commission (RCTC). Revenue from RCTC is received on a monthly basis. Other revenues received include ridership fares, Measure A taxes, interest and EV charging station revenue recorded in Miscellaneous revenue, and other financing sources, which consist of sale of property. As of June 30, 2025, the Transit Fund has collected 101% of its budgeted revenues.
TRANSIT REVENUES
FY 21:125
ORIGINAL
BUDGET
FY 2025
CURRENT
BUDGET
ACTUAL
FY2D24/25
ESTIMATED
ACTUALS
%
Taxes
199,000.00
199,000.00
199,000.00 199,000.00
100%
Intergovernmental
2,989,021.00
2,989,021.00
2,856,021.00 2,975,021.00
95%
Miscellaneous
42,500.00
42,500.00
187,367.51 187,367.51
441%
Proprietary Revenues
47,550.00
47,550.00
58,558.31 58,558.31
123%
Other Financing Sources
-
-
835.00
835.00
O%
Transfers
-
-
-
O%
TOTAL REVENUES
3,278,071.00
3,278,071.00
3,301,891.82 3,421,891.32
101%
Expenses
Transit expenses as of June 30, 2025, total $3.07M, which is 93% of the FY2025 budget. Personnel Costs make up 79% of the actuals to date, and Operating Costs make up 21%.
TRANSIT EXPENSES
EXPENSE TYPE
FY 2O25
ORIGINAL
BUDGET
FT 2O25
CURRENT
BUDGET
FY 2025
ACTUAL
ESTIMATED
ACTUALS
90 Personnel
Salaries and Wages
1,810,792.00
1,810,792.00
1,727,393.79
1,727,393.79
95%
Benefits
662,522.00
662,522.00
671,335.17
671,335.17
1O1%
Other
TOTAL PERSONNEL
54,368.00
54,368.00
33,002.20
33,002.20
61%
2,527,682.00 2,527,682.00 2,431,731.16 2,431,731.16 96% Operating
Utilities
80,780.00
80,780.00
110,863.57
110,863.57
137%
Administration
90,505.00
90,505.00
65,925.09
65,925.09
73%
Fleet Costs
318,400.00
318,400.00
204,140.75
204,140.76
64%
Program Costs
17,638.00
34,288.00
34,505.13
34,505.13
1O1%
Repairs & Maintenance
65,540.00
65,540.00
67,003.51
67,003.51
1O2%
Supplies
11,000.00
11,600.00
8,645.37
8,645.37
79%
Contractual Services
50,080.00
50,680.00
36,953.89
36,953.89
74%
Admin Overhead
100,000.00
100,600.00
100,006.00
100,000.00
1OO%
Other
TOTAL OPERATING
8,750.00
8,750.00
5,990.10
5,990.10
68%
Capital
742,693.00 759,343.00 634,027.42 634,027.42 83%
Structure
TOTAL CAPITAL
TRANSFERS
7,686.00 7,696.00 7,686.00 7,969.00 O%
7,696.00 7,696.00 7,696.00 7,696.00 100%
Transfers
Total Expenses
3,278,071.00 3,244,721.00 3,073,454.58 3,073,454.58 93%
Recommended Budget Adjustments
The following table comprises of recommended budget adjustments for other special funds.
CURRENT
BUDGET
FUND
DESCRIPTION
BUDGET
ACTUAL
ADJUSMTENT
120 Self Insurance $ 230,820.00 $ 792,638.87 $ 561,818.87 855 Public Improvement Authority $ 3,153,743.00 $ 3,170,632.30 $ 16,889.30 Please note these are not the final actuals as Finance is paying invoices and completing entries through August on invoices for goods and services rendered on or before June 30, 2025.
This report went to the Finance and Audit Committee on July 28, 2025, and has been updated to reflect the current actuals.
Fiscal Impact:
The estimated cost to prepare this report is $313.
Recommended Action:
Approve recommended budgets adjustments as outlined in Attachment B; and Receive and file report.
Attachments:
A. All Funds Budget Report as of June 30, 2024
B. Budget Adjustments Form
City of Beaumont, CA
BEAUMONT
Account Typ...
Fund: 100 - GENERAL FUND
Revenue 68,117,655.00 69,405,070.00 1,265,699.95 74,289,778.67 4,884,708.67 7.04% Expense 66,734,916.00 82,193,700.00 0.00 71,514,659.54 10,679,040.46 12.99% Fund: 100 - GENERAL FUND Surplus (Deficit): 1,382,739.00 -12,788,630.00 1,265,699.95 2,775,119.13 15,563,749.13 121.70% Fund: 120 SELF INSURANCE
Revenue
Expense
Fund: 120 - SELF INSURANCE Surplus (Deficit):
Fund: 150 - GOVERNMENTAL CAPITAL ASSETS
Expense
Fund: 150 - GOVERNMENTAL CAPITAL ASSETS Total:
Fund: 200 - HIGHWAY USERS TAX (Gas)
Revenue
Expense
Fund: 200 - HIGHWAY USERS TAX (Gas) Surplus (Deficit):
Fund: 201 - STATE - SB1 FUNDING
Revenue
Expense
Fund: 201 - STATE - SB1 FUNDING Surplus (Deficit):
Fund: 202 - SALES TAX - MEASURE A
Budget Report
Group Summary
For Fiscal: 2024-2025 Period Ending: 06/30/2025
Variance
Original Current Period Fiscal Favorable Percent
Total Budget Total Budget Activity Activity (Unfavorable)temaining
0.00 160,000.00
0.00 230,820.00
0.00 -70,820.00 0.00 -502,769.83 -431,949.83 -609.93%
0.00 0.00
289,869.04
792,638.87
129,869.04 81.17%
-561,818.87 -243.40%
0.00 0.00 -521,300.61 -521,300.61 521,300.61 0.00%
0.00 0.00 -521,300.61 -521,300.61 521,300.61 0.00%
1,565,135.00 1,565,135.00
1,565,135.00 1,565,135.00
0.00 0.00
1,449,419.00 1,449,419.00
1,448,271.00 2,349,111.00
1,148.00 -899,692.00
0.00 1,519,844.54 -45,290.46 2.89%
0.00 934,008.08 631,126.92 40.32%
0.00 585,836.46 585,836.46 0.00%
0.00 1,533,514.87 84,095.87 5.80%
0.00 900,890.00 1,448,221.00 61.65%
0.00 632,624.87 1,532,316.87 170.32%
Revenue 0.00 965,419.59
Expense 0.00 688,001.00
Fund: 202 - SALES TAX - MEASURE A Surplus (Deficit): 0.00 277,418.59 Fund: 205 - MOTOR VEHICLE SUBVENTION (AB2766-AQM...
Revenue 71,431.00 0.00 86,002.40
Expense 215,500.00 0.00 93,274.73
Fund: 205 - MOTOR VEHICLE SUBVENTION (AB2766-AQM... -144,069.00 0.00 -7,272.33 186,796.67 96.25% Fund: 210 - PUBLIC, EDUCATIONAL, GOVT (PEG)
Revenue 0.00 7,080.40
Expense 0.00 8,634.40
Fund: 210 - PUBLIC, EDUCATIONAL, GOVT (PEG) Surplus . 0.00 -1,554.00 Fund: 215 - GRANTS (REIMBURSABLE)
Revenue
Expense
Fund: 215 - GRANTS (REIMBURSABLE) Surplus (Deficit):
Fund: 220 - CITIZEN OPTION PUBLIC SAFETY (COPS)
Revenue 105,237.00 0.00 233,946.00
Expense 343,467.00 0.00 313,202.68
Fund: 220 - CITIZEN OPTION PUBLIC SAFETY (COPS) Surp. -238,230.00 0.00 -79,256.68 Fund: 225 - ASSET SEIZURES (STATE)
Revenue 2,944.00 2,944.00 0.00 26,071.91 23,127.91 785.59% Expense 286,462.00 286,462.00 0.00 218,799.96 67,662.04 23.62% Fund: 225 - ASSET SEIZURES (STATE) Surplus (Deficit): -283,518.00 -283,518.00 0.00 -192,728.05 90,789.95 32.02% 923,257.00 923,257.00
918,000.00 1,534,800.00
5,257.00 -611,543.00
12,367.00 12,367.00
0.00 23,934.40
12,367.00 -11,567.40
68,290.00 6,357,565.00
146,700.00 10,588,091.00
-78,410.00 -4,230,526.00
Fund: 230 - ASSET SEIZURES (FEDERAL)
Revenue 597.00
Fund: 230 - ASSET SEIZURES (FEDERAL) Total: 597.00
Fund: 240 - OTHER RESTRICTED FUNDS
Revenue
71,431.00
265,500.00
-194,069.00
105,237.00
343,467.00
-238,230.00
-5,286.60 42.75%
15,300.00 63.92%
10,013.40 86.57%
0.00 640,868.41 -5,716,696.59 89.92%
0.00 1,400,156.10 9,187,934.90 86.78%
0.00 -759,287.69 3,471,238.31 82.05%
597.00 0.00
597.00 0.00
42,162.59 4.57%
846,799.00 55.17%
888,961.59 145.36%
14,571.40 20.40%
172,225.27 64.87%
128,709.00 122.30%
30,264.32 8.81%
158,973.32 66.73%
21,875.00 21,278.003,564.15%
21,875.00 21,278.003,564.15%
75,756.00 75,756.00 0.00 211,924.65 136,168.65 179.75%
8/14/2025 4:04:44 PM Page 1 of 5
Budget Report For Fiscal: 2024-2025 Period Ending: 06/30/2025 Account Typ...
Expense
Fund: 240 - OTHER RESTRICTED FUNDS Surplus (Deficit):
Fund: 250 - COMMUNITY FAC DISTRICT (CFD) - ADMIN
Revenue
Expense
Fund: 250 - COMMUNITY FAC DISTRICT (CFD) - ADMIN Su..
Fund: 255 - COMMUNITY FAC DISTRICT (CFD) - MAINT SE...
Revenue
Expense
Fund: 255 - COMMUNITY FAC DISTRICT (CFD) - MAINT SE...
Fund: 260 - COMMUNITY FAC DISTRICT (CFD) - PUBLIC S...
Revenue
Expense
Fund: 260 - COMMUNITY FAC DISTRICT (CFD) - PUBLIC S...
Fund: 300 - DEBT SERVICE
Revenue
Expense
Fund: 300 - DEBT SERVICE Surplus (Deficit):
Fund: 500 - GENERAL CAPITAL PROJECTS
Revenue 19,744,560.00 143,703,835.00
Expense 19,744,560.00 182,180,230.00
Fund: 500 - GENERAL CAPITAL PROJECTS Surplus (Defici. 0.00 -38,476,395.00 Fund: 510 - COMMUNITY FACILITIES DISTRICT (CFD) - CA...
Revenue 2,127.00 2,127.00
Expense 75,000.00 8,394,734.00
Fund: 510 - COMMUNITY FACILITIES DISTRICT (CFD) - CA... -72,873.00 -8,392,607.00 Fund: 550 - DEVELOPMENT IMPACT (MITIGATION)
Revenue 0.00 0.00
Fund: 550 - DEVELOPMENT IMPACT (MITIGATION) Total: 0.00 0.00 Fund: 552 - BASIC SERVICES DEVELOPMENT
Revenue 222,523.00 222,523.00
Expense 0.00 34,356.00
Fund: 552 - BASIC SERVICES DEVELOPMENT Surplus (Def. 222,523.00 188,167.00 Fund: 554 - GENERAL PLAN DEVELOPMENT
Revenue 22,475.00 22,475.00
Fund: 554 - GENERAL PLAN DEVELOPMENT Total: 22,475.00 22,475.00 Fund: 555 - RECREATIONAL FACILITIES DEVELOPMENT
Revenue 349,589.00
Expense 0.00
349,589.00
900,000.00
Fund: 555 - RECREATIONAL FACILITIES DEVELOPMENT .. 349,589.00 -550,411.00 Fund: 556 - TRAFFIC IMPACT DEVELOPMENT
Revenue
Expense
Fund: 556 - TRAFFIC IMPACT DEVELOPMENT Surplus (Def.
Fund: 557 - PARKLAND
Revenue
Fund: 557 - PARKLAND Total:
Fund: 558 - RAILROAD CROSSING DEVELOPMENT
Revenue
Expense
Fund: 558 - RAILROAD CROSSING DEVELOPMENT Surplu..
Fund: 559 - POLICE FACILITIES DEVELOPMENT
Revenue
135,510.00 135,510.00
950,000.00 1,255,712.00
-814,490.00 -1,120,202.00
0.00 0.00
Variance
Original Period Fiscal Favorable Percent
Total Budget Activity Activity (Unfavorable)temaining
85,071.00
-9,315.00
Current
Total Budget
257,145.22
-181,389.22
1,366,197.00 1,366,197.00
1,366,197.00 1,713,672.00
0.00 -347,475.00
4,811,910.00 4,811,910.00
4,811,910.00 5,346,769.00
0.00 -534,859.00
1,589,899.00 1,589,899.00
1,587,924.00 1,587,924.00
1,975.00 1,975.00
0.00 0.00
124,138.37
87,786.28
0.00 1,076,530.35
0.00 1,149,550.20
0.00 -73,019.85
0.00 5,339,220.00
0.00 3,325,997.00
0.00 2,013,223.00
0.00 1,921,067.53
0.00 1,587,924.00
0.00 333,143.53
133,006.85 51.72%
269,175.50 148.40%
-289,666.65 21.20%
564,121.80 32.92%
274,455.15 78.99%
527,310.00 10.96%
2,020,772.00 37.79%
2,548,082.00 476.40%
331,168.53 20.83%
0.00 0.00%
331,168.53 6,768.03%
0.00 0.00 -1,039,002.73 -1,039,002.73 -1,039,002.73 0.00%
0.00 0.00 -526,039.65 898,852.94 -898,852.94 0.00%
0.00 0.00 -512,963.08 -1,937,855.67 -1,937,855.67 0.00%
0.00 35,048,373.74 -108,655,461.26 75.61%
0.00 24,598,980.45 157,581,249.55 86.50%
0.00 10,449,393.29 48,925,788.29 127.16%
0.00 471,426.21
0.00 2,792,176.32
0.00 -2,320,750.11
469,299.21 2,063.90%
5,602,557.68 66.74%
6,071,856.89 72.35%
0.00 1,252.10 1,252.10 0.00%
0.00 1,252.10 1,252.10 0.00%
0.00 0.00
199,053.33
908.69
-23,469.67 10.55%
33,447.31 97.36%
0.00 198,144.64 9,977.64 -5.30%
0.00 25,472.90 2,997.90 13.34%
0.00 25,472.90 2,997.90 13.34%
0.00 0.00
404,935.05
0.00 55,346.05 15.83%
900,000.00 100.00%
0.00 404,935.05 955,346.05 173.57%
0.00 0.00
0.00 116,451.57
161,547.14
-45,095.57
-19,058.43 14.06%
1,094,164.86 87.14%
1,075,106.43 95.97%
0.00 29,339.16 29,339.16 0.00%
0.00 0.00 0.00 29,339.16 29,339.16 0.00%
164,743.00
0.00 164,743.00
126,387.00
0.00 174,507.90 9,764.90 5.93%
0.00 126,287.33 99.67 0.08%
0.00 48,220.57 9,864.57 -25.72%
164,743.00 38,356.00
253,688.00 253,688.00
0.00 286,439.69 32,751.69 12.91%
8/14/2025 4:04:44 PM
Budget Report For Fiscal: 2024-2025 Period Ending: 06/30/2025 Variance
Favorable Percent
(Unfavorable) temaining
Account Typ...
Expense
Fund: 559 - POLICE FACILITIES DEVELOPMENT Surplus (...
Fund: 560 - FIRE STATION DEVELOPMENT
Revenue
Expense
Fund: 560 - FIRE STATION DEVELOPMENT Surplus (Deficit. 301,752.00 -612,569.00 Fund: 561 - TRANSPORTATION MITIGATION
Revenue
Expense
Fund: 561 - TRANSPORTATION MITIGATION Surplus (Defi.. 0.00 -2,100,000.00 Fund: 562 - ROAD AND BRIDGE DEVELOPMENT
Revenue 1,192,000.00 1,192,000.00
Expense 550,000.00 11,566,029.00
Fund: 562 - ROAD AND BRIDGE DEVELOPMENT Surplus (... 642,000.00 -10,374,029.00 Fund: 563 - STORM DRAIN DEVELOPMENT
Revenue
Fund: 563 - STORM DRAIN DEVELOPMENT Total:
Original Current
Total Budget Total Budget
0.00 253,688.00
301,752.00
0.00 780,447.00
-526,759.00
301,752.00
914,321.00
Period
Activity
Fiscal
Activity
0.00 212,829.23 567,617.77 72.73%
0.00 73,610.46 600,369.46 113.97%
0.00 0.00
153,576.01
72,633.74
-148,175.99 49.11%
841,687.26 92.06%
0.00 0.00
0.00 2,100,000.00
0.00 80,942.27 693,511.27 113.21%
0.00 296,223.26 296,223.26 0.00%
0.00 0.00 2,100,000.00 100.00%
0.00 296,223.26 2,396,223.26 114.11%
0.00 1,233,883.89 41,883.89 3.51%
0.00 1,580,661.22 9,985,367.78 86.33%
0.00 -346,777.33 10,027,251.67 96.66%
0.00 0.00 0.00 3,742.92 3,742.92 0.00%
0.00 0.00 0.00 3,742.92 3,742.92 0.00%
Fund: 564 - RECYCLED WATER DEVELOPMENT
Revenue
Expense
Fund: 564 - RECYCLED WATER DEVELOPMENT Surplus (...
Fund: 565 - TRAILS DEVELOPMENT
Revenue
Fund: 565 - TRAILS DEVELOPMENT Total:
Fund: 566 - EMERGENCY PREPAREDNESS DEVELOPMENT
Revenue
Fund: 566 - EMERGENCY PREPAREDNESS DEVELOPMEN..
Fund: 567 - COMMUNITY PARK DEVELOPMENT
Revenue
Expense
Fund: 567 - COMMUNITY PARK DEVELOPMENT Surplus (...
Fund: 568 - REGIONAL PARK DEVELOPMENT
Revenue
Expense
Fund: 568 - REGIONAL PARK DEVELOPMENT Surplus (Def.
Fund: 569 - NEIGHBORHOOLD PARK DEVELOPMENT
Revenue
Expense
Fund: 569 - NEIGHBORHOOLD PARK DEVELOPMENT Surp. 1,337,895.00 -11,105.00 Fund: 570 - DIF PASS THROUGH FUNDS
Revenue
Expense
Fund: 570 - DIF PASS THROUGH FUNDS Surplus (Deficit): 0.00 -6,362,815.00 Fund: 600 - INTERNAL SERVICE FUND
Revenue 1,578,920.00 1,578,920.00
Expense 2,185,782.00 4,169,193.00
Fund: 600 - INTERNAL SERVICE FUND Surplus (Deficit): -606,862.00 -2,590,273.00 Fund: 700 - WASTEWATER FUND
Revenue 14,830,049.00
Expense 14,830,049.00
Fund: 700 - WASTEWATER FUND Surplus (Deficit): 0.00
Fund: 705 - WASTEWATER DEVELOPMENT
Revenue 2,041,765.00 2,041,765.00
Expense 835,607.00 8,162,910.00
332,463.00 332,463.00
0.00 1,943,687.00
332,463.00 -1,611,224.00
0.00 423,614.18 91,151.18 27.42%
0.00 272,710.77 1,670,976.23 85.97%
0.00 150,903.41 1,762,127.41 109.37%
0.00 0.00 0.00 1,871.47 1,871.47 0.00%
0.00 0.00 0.00 1,871.47 1,871.47 0.00%
301,712.00
301,712.00
301,712.00
301,712.00
1,090,088.00 1,090,088.00
711,365.00 4,318,218.00
378,723.00 -3,228,130.00
1,413.00 1,413.00
141,286.00 1,842,925.00
-139,873.00 -1,841,512.00
1,337,895.00 1,337,895.00
0.00 1,349,000.00
0.00 0.00
202,453.52
202,453.52
0.00 186,477.31
0.00 1,568,618.32
0.00 -1,382,141.01
-99,258.48 32.90%
-99,258.48 32.90%
-903,610.69 82.89%
2,749,599.68 63.67%
1,845,988.99 57.18%
0.00 82,630.87 81,217,875,747.90%
0.00 101,698.99 1,741,226.01 94.48%
0.00 -19,068.12 1,822,443.88 98.96%
0.00 256,930.22 -1,080,964.78 80.80%
0.00 0.00 1,349,000.00 100.00%
0.00 256,930.22 268,035.22 2,413.64%
0.00 0.00
0.00 6,362,815.00
14,830,049.00
14,891,189.00
-61,140.00
0.00 -89.38 -89.38 0.00%
0.00 411,640.96 5,951,174.04 93.53%
0.00 -411,730.34 5,951,084.66 93.53%
0.00 1,891,954.41 313,034.41 19.83%
0.00 1,138,451.66 3,030,741.34 72.69%
0.00 753,502.75 3,343,775.75 129.09%
0.00 16,892,317.61 2,062,268.61 13.91%
0.00 13,220,332.85 1,670,856.15 11.22%
0.00 3,671,984.76 3,733,124.766,105.86%
0.00 2,284,888.34 243,123.34 11.91%
0.00 1,589,561.41 6,573,348.59 80.53%
8/14/2025 4:04:44 PM
Budget Report For Fiscal: 2024-2025 Period Ending: 06/30/2025 Account Typ...
Variance
Original Current Period Fiscal Favorable Percent
Total Budget Total Budget Activity Activity (Unfavorable)temaining Fund: 705 - WASTEWATER DEVELOPMENT Surplus (Defici. 1,206,158.00 -6,121,145.00 Fund: 710 - WASTEWATER CAPITAL PROJECTS
Revenue 6,359,857.00 15,630,847.00
Expense 5,901,088.00 18,163,627.00
Fund: 710 - WASTEWATER CAPITAL PROJECTS Surplus (... 458,769.00 -2,532,780.00 Fund: 750 - TRANSIT FUND
Revenue
Expense
Fund: 750 - TRANSIT FUND Surplus (Deficit):
Fund: 755 - TRANSIT GASB68 FUND
Expense
Fund: 755 - TRANSIT GASB68 FUND Total:
3,278,071.00 3,278,071.00
3,278,071.00 3,278,071.00
0.00 0.00
0.00 695,326.93 6,816,471.93 111.36%
0.00 7,274,085.90 -8,356,761.10 53.46%
30,314.50 6,401,141.53 11,762,485.47 64.76%
-30,314.50 872,944.37 3,405,724.37 134.47%
0.00 3,301,891.82
0.00 3,073,454.58
0.00 228,437.24
23,820.82
204,616.42
228,437.24
0.73%
6.24%
0.00%
0.00 0.00 0.00 2,093.30 -2,093.30 0.00%
0.00 0.00 0.00 2,093.30 -2,093.30 0.00%
Fund: 760 - TRANSIT CAPITAL PROJECTS
Revenue 10,650,000.00 21,754,638.00
Expense 10,650,000.00 21,754,638.00
Fund: 760 - TRANSIT CAPITAL PROJECTS Surplus (Deficit. 0.00 0.00 Fund: 840 - COMMUNITY FACILITIES DISTRICT (CFD) - BO...
Revenue 20,753,937.00 20,753,937.00
Expense 20,144,790.00 20,144,790.00
Fund: 840 - COMMUNITY FACILITIES DISTRICT (CFD) - BO... 609,147.00 609,147.00 Fund: 850 - BEAUMONT FINANCING AUTHORITY (CFD)
Revenue 3,079,842.00 3,079,842.00
Expense 3,079,842.00 3,079,842.00
Fund: 850 - BEAUMONT FINANCING AUTHORITY (CFD) Su.. 0.00 0.00 Fund: 855 - BEAUMONT PUBLIC IMPROVEMENT AUTHOR...
Revenue 3,153,743.00 3,153,743.00
Expense 3,153,743.00 3,153,743.00
Fund: 855 - BEAUMONT PUBLIC IMPROVEMENT AUTHOR. 0.00 0.00 Fund: 860 - EVIDENCE
Revenue
Fund: 860 - EVIDENCE Total:
0.00 0.00
0.00 0.00
0.00 5,693,360.98 -16,061,277.02 73.83%
-10,489.68 5,695,674.71 16,058,963.29 73.82%
10,489.68 -2,313.73 -2,313.73 0.00%
0.00 40,614,458.03 19,860,521.03 95.70%
0.00 34,359,539.72 -14,214,749.72 -70.56%
0.00 6,254,918.31 5,645,771.31 -926.83%
0.00 1,473,481.73 -1,606,360.27 52.16%
0.00 3,079,841.79 0.21 0.00%
0.00 -1,606,360.06 -1,606,360.06 0.00%
0.00 812,837.99 -2,340,905.01 74.23%
0.00 3,170,632.30 -16,889.30 -0.54%
0.00 -2,357,794.31 -2,357,794.31 0.00%
0.00 0.00
-31,057.16
-31,057.16
-31,057.16
-31,057.16
0.00%
0.00%
Report Surplus (Deficit): 5,598,080.00 -105,742,985.62 1,254,212.66 19,869,951.93 125,612,937.55 118.79% 8/14/2025 4:04:44 PM
Budget Report For Fiscal: 2024-2025 Period Ending: 06/30/2025 Fund Summary
Fund
100 - GENERAL FUND
120 - SELF INSURANCE
150 - GOVERNMENTAL CAPI-
200 - HIGHWAY USERS TAX
201 - STATE - SB1 FUNDING
202 - SALES TAX - MEASURE
205 - MOTOR VEHICLE SUBV
210 - PUBLIC, EDUCATIONAL
215 - GRANTS (REIMBURSAB
220 - CITIZEN OPTION PUBLII
225 - ASSET SEIZURES (STA.
230 - ASSET SEIZURES (FEDI
240 - OTHER RESTRICTED Fl
250 - COMMUNITY FAC DISTf
255 - COMMUNITY FAC DISTf
260 - COMMUNITY FAC DISTf
300 - DEBT SERVICE
500 - GENERAL CAPITAL PR(
510 - COMMUNITY FACILITIE
550 - DEVELOPMENT IMPAC-
552 - BASIC SERVICES DEVE
554 - GENERAL PLAN DEVEL
555 - RECREATIONAL FACILF
556 - TRAFFIC IMPACT DEVE
557 - PARKLAND
558 - RAILROAD CROSSING I
559 - POLICE FACILITIES DE\
560 - FIRE STATION DEVELO
561 - TRANSPORTATION MIT
562 - ROAD AND BRIDGE DE
563 - STORM DRAIN DEVELO
564 - RECYCLED WATER DE\
565 - TRAILS DEVELOPMENT
566 - EMERGENCY PREPARE
567 - COMMUNITY PARK DE\,
568 - REGIONAL PARK DEVEI
569 - NEIGHBORHOOLD PAR
570 - DIF PASS THROUGH FL
600 - INTERNAL SERVICE FU
700 - WASTEWATER FUND
705 - WASTEWATER DEVELC
710 - WASTEWATER CAPITA'
750 - TRANSIT FUND
755 - TRANSIT GASB68 FUNE
760 - TRANSIT CAPITAL PRO.
840 - COMMUNITY FACILITIE
850 - BEAUMONT FINANCING
855 - BEAUMONT PUBLIC IMF
860 - EVIDENCE
Report Surplus (Deficit):
Original Current
Total Budget Total Budget
1,382,739.00
0.00 0.00
0.00 1,148.00
5,257.00
-144,069.00
12,367.00
- 78,410.00
-238,230.00
-283,518.00
597.00
-9,315.00
0.00 0.00
1,975.00
0.00 0.00
- 72,873.00
0.00 222,523.00
22,475.00
349,589.00
-814,490.00
0.00 164,743.00
253,688.00
301,752.00
0.00 642,000.00
0.00 332,463.00
0.00 301,712.00
378,723.00
-139,873.00
1,337,895.00
0.00 -606,862.00
0.00 1,206,158.00
458,769.00
0.00 0.00
0.00 609,147.00
0.00 0.00
0.00 -12,788,630.00
- 70,820.00
0.00 0.00
-899,692.00
-611,543.00
-194,069.00
- 11,567.40
-4,230,526.00
-238,230.00
-283,518.00
597.00
-181,389.22
-347,475.00
-534,859.00
1,975.00
0.00 -38,476,395.00
-8,392,607.00
0.00 188,167.00
22,475.00
-550,411.00
-1,120,202.00
0.00 38,356.00
-526,759.00
-612,569.00
-2,100,000.00
-10,374,029.00
0.00 -1,611,224.00
0.00 301,712.00
-3,228,130.00
-1,841,512.00
- 11,105.00
-6,362,815.00
-2,590,273.00
- 61,140.00
-6,121,145.00
-2,532,780.00
0.00 0.00
0.00 609,147.00
0.00 0.00
0.00 Period
Activity
1,265,699.95
0.00 521,300.61
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 -512,963.08
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
-30,314.50
0.00 0.00
10,489.68
0.00 0.00
0.00 0.00
Variance
Fiscal Favorable
Activity (Unfavorable)
2,775,119.13
-502,769.83
521,300.61
585,836.46
632,624.87
277,418.59
-7,272.33
-1,554.00
-759,287.69
- 79,256.68
-192,728.05
21,875.00
87,786.28
- 73,019.85
2,013,223.00
333,143.53
-1,937,855.67
10,449,393.29
-2,320,750.11
1,252.10
198,144.64
25,472.90
404,935.05
- 45,095.57
29,339.16
48,220.57
73,610.46
80,942.27
296,223.26
-346,777.33
3,742.92
150,903.41
1,871.47
202,453.52
-1,382,141.01
- 19,068.12
256,930.22
-411,730.34
753,502.75
3,671,984.76
695,326.93
872,944.37
228,437.24
-2,093.30
-2,313.73
6,254,918.31
-1,606,360.06
-2,357,794.31
- 31,057.16
15,563,749.13
-431,949.83
521,300.61
585,836.46
1,532,316.87
888,961.59
186,796.67
10,013.40
3,471,238.31
158,973.32
90,789.95
21,278.00
269,175.50
274,455.15
2,548,082.00
331,168.53
-1,937,855.67
48,925,788.29
6,071,856.89
1,252.10
9,977.64
2,997.90
955,346.05
1,075,106.43
29,339.16
9,864.57
600,369.46
693,511.27
2,396,223.26
10,027,251.67
3,742.92
1,762,127.41
1,871.47
- 99,258.48
1,845,988.99
1,822,443.88
268,035.22
5,951,084.66
3,343,775.75
3,733,124.76
6,816,471.93
3,405,724.37
228,437.24
-2,093.30
-2,313.73
5,645,771.31
-1,606,360.06
-2,357,794.31
- 31,057.16
5,598,080.00 -105,742,985.62 1,254,212.66 19,869,951.93 125,612,937.55 8/14/2025 4:04:44 PM
BEAUMONT
CALIFORNIA
DATE: 8/1/2025
DEPARTMENT NAME Finance
PREPARED BY:
APPROVED BY
Marcia Mason
City of Beaumont
Budget Adjustment Form
FY 2024/2025
*Account Number for Examp
e only
Revenue = (Credit)
Expense = Debit
Revenue = (Credit)
Expense = Debit
Debit
(Credit)
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
CURRENT
BUDGET
ADJUSTMENT
NEW
BUDGET
AMT
120-9663-7500-0000
Settlements
210,000.00
561,819.00
771,819.00
855-0000-7055-0000
Interest
888,743.00
16,889.30
905,632.30
TOTALS
$ 578,708.30
Net Effect
Explanations / Justification
BEAUMONT
-C A L I F O R N I A
TO:
FROM:
DATE
SUBJECT:
Staff Report
City Council
Kirk Pelser, Economic Development Director
Joseph Cale, Management Analyst
August 19, 2025
Approval of a Lease Agreement with the Riverside County Workforce Development Division and a Space Use Permit with the Employment Development Department for the Pass Area Biz Hub — 514 California Avenue
Description: Presentation of a lease agreement with the Riverside County Workforce Development Division and a Space Use Permit with the Employment Development Department within the Pass Area Biz Hub, a regional business innovation center located at 514 California Avenue.
Background and Analysis:
The Pass Area Biz Hub is intended to serve as a central resource for workforce development, entrepreneurship, and small business support throughout the Pass region.
The City acquired the property at 514 California Avenue in January of 2024 and has completed several site readiness milestones, including:
• Roof replacement;
• HVAC system replacement;
• Vacancy preparation, including the removal of remaining tenant property; • Identification and execution of required ADA upgrades; • Completion of interior and exterior painting;
• Ongoing janitorial and maintenance services; and
• Regular coordination meetings with regional partners, which began on a bi- weekly basis and increased to weekly as the anticipated launch date approaches.
As a central hub for small business, entrepreneurship, and workforce support, numerous partner organizations will occupy and provide services from the Biz Hub, including the California Family Life Center and Mount San Jacinto College, whose
agreements were presented to the City Council for consideration at the June 3, 2025, meeting, as well as the County of Riverside and Riverside County Office of Economic Development, whose agreements were presented to the City Council for consideration at the June 17, 2025, meeting.
The lease agreement in Attachment A and the Space Use Permit in Attachment B represent formal commitments from the Riverside County Workforce Development Division and the Employment Development Department, respectively. Their staff will have a presence at the facility and offer workforce services from the Biz Hub location.
Additional agreements with other partner organizations will be presented to the City Council in the future as they are submitted to the City.
The Riverside County Workforce Development Division and the Employment Development Department will occupy their respective spaces without fee. The City will cover basic operational expenses to support collaborative service delivery. The initial lease term allows the City to evaluate long-term tenancy models while establishing the center as a stable, multi -agency service hub. The lease agreements formalize the terms of occupancy, define mutual operational responsibilities, and outline expectations for collaborative service delivery and program integration.
The City has preserved flexibility in the facility layout to accommodate additional partners, short-term activations, such as pop-up services, drop -in office uses, and potential rental of hoteling or co -working spaces in response to future demand.
Fiscal Impact:
There is no immediate fiscal impact associated with execution of the initial lease and affiliation agreements. The City will continue to cover base operational expenses totaling $64,924 as part of its investment in regional economic and workforce development. These costs will be absorbed within the current budget. Future updates may propose nominal cost -recovery fees for long-term office use or private activation of shared spaces. Any future proposed changes to the financial model will be presented to the City Council for review and approval.
The cost to prepare this staff report is estimated at $150.
Recommended Action:
Authorize the lease agreement with the Riverside County Workforce Development Division and the Space Use Permit with the Employment Development Department for the use of office space within the Pass Area Biz Hub.
Attachments:
A. Lease Agreement — Riverside County Workforce Development Division B. Space Use Permit — Employment Development Department
LEASE AGREEMENT
This LEASE AGREEMENT (this "Lease") is made and entered into as of May 7th, 2025 (the "Effective Date"), by and between The City of Beaumont, a California general law city ("Landlord"), and the County of Riverside, a political subdivision of the State of California on behalf of its Department of Workforce Housing and Workforce Solutions (HWS), Workforce Development Division ("Tenant").
1. Lease of Premises. Landlord hereby leases to Tenant, and Tenant leases from Landlord, the following described premises (hereinafter "Premises") being an individual suite, office or offices located at 514 California Avenue, Beaumont CA 92223, and being more particularly described and depicted in Exhibit "A" attached hereto and made a part hereof, inclusive of all easements, and other appurtenances and rights of way incident thereto benefiting the Premises.
The Premises are part of the larger building ("Building") and are clearly outlined on the diagram attached as Exhibit "A". For all locations not specified in Exhibit "A" as being the area being exclusively leased to Tenant hereunder, it is understood that the larger building is leased out to multiple other tenants and certain portions of the Building are common to all occupants of the building as common area. The Premises shall include such portions of the land and Building, pavement, lighting fixtures and other improvements now or later installed or constructed upon the land, and all driveways, parking lots, walkways, landscaping and other such appurtenances and improvements customarily used in connection with the individual suite or Premises. The improvements existing within the Premises that are exclusive to the Tenant as it now exists or may exist in the future are referred to in this Lease as the "Improvements".
2. Term and Rent.
2.1 Term. Subject to the terms and conditions contained herein, this Lease shall be effective as of the Effective Date. The term of this Lease shall commence on the Effective Date and shall continue for a period of one (1) year, unless sooner terminated as provided herein. If Tenant holds over after expiration of the Lease Term or earlier termination thereof, with the express or implied consent of Landlord, such tenancy shall be from month -to -month only, and in no event shall continue beyond July 30, 2030.Landlord or Tenant may terminate this Lease by providing thirty days advanced written notice to the other.
2.2 Rent. Tenant shall not be required to pay monetary rent during the Term of this Lease. However, if at any time Rent becomes due under this Lease, such Rent shall commence on the date Tenant opens for business to the public (the "Rent Commencement Date") and shall be payable annually on the anniversary of the Rent Commencement Date each year thereafter during the Term. In the event any such rental payment becomes due on a Saturday, Sunday, or a local, state, or federal holiday (each, a "business day"), then the payment shall be due on the next succeeding business day.
3. Delivery of Premises. On the Effective Date, Landlord shall deliver the Premises to Tenant in, and Tenant shall accept the Premises from Landlord in, "AS IS" "WHERE IS" condition except as otherwise provided herein.
4. Use; Conduct of Business.
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4.1 Use. The Tenant shall have the affirmative duty and the right to use the Premises for the following purposes:
a. TENANT will offer a range of workforce programs designed to meet the unique needs and goals of job seekers, employers, and partners. b. TENANT will provide monthly reports to the City on work performed in the building, milestones achieved, and a schedule of events (trainings, workshops, jobs fairs, etc.). (the forgoing a -b, collectively are referred to as the "Agreed Use").
4.2 Conduct of Business. Tenant shall conduct business that at any time is being operated at the Premises in all material respects in accordance with all applicable laws and ordinances.
4.3 Priority of Use and Access by Landlord. Notwithstanding any other provision of this Lease, because the Landlord is the owner of the Premises and will maintain on -site staff presence, the City of Beaumont shall retain first priority access to and use of the Premises, including but not limited to offices, meeting rooms, and all common areas, as well as the surrounding grounds and exterior premises. Landlord shall have the exclusive right to designate and utilize office space for City staff at its discretion and may access and use shared and common areas at any time without restriction. Tenant shall not unreasonably interfere with such access and shall coordinate activities to ensure continued availability and operational use of the Premises by Landlord personnel. In the event of any conflict regarding the use or scheduling of spaces within the Premises, the City of Beaumont's determination shall control. Landlord shall always have access to all offices and enclosed spaces within the Premises as a matter of safety, security, and property oversight. Landlord's access shall include, but not be limited to, administrative use, City - hosted events, maintenance, inspections, and emergency response. Tenant shall ensure that Landlord retains key or electronic access credentials for all such spaces and shall update Landlord promptly regarding any changes to access methods. Landlord reserves the right to reallocate or modify office assignments and workspace configurations as needed to support City operations, provided such changes do not unreasonably disrupt Tenant's Agreed Use. If the Landlord determines that Tenant's designated space must be repurposed for exclusive City use, Landlord shall provide at least thirty (30) days written notice to Tenant and work in good faith to support a smooth transition or relocation if feasible.
5. Improvements; Alterations; Maintenance.
5.1 Improvements; Alterations. Tenant shall not make any substantial repairs, alterations, or additions to the Premises
5.2 Maintenance. During the Term of this Lease, except as otherwise specifically outlined in this Paragraph, Landlord shall, at its own expense, keep and maintain the entirety of the Building in good order and repair, subject to ordinary wear and tear. Landlord's maintenance obligations hereunder include, without limitation, the roof, foundation, structural walls and elements, heating, air conditioning and ventilation systems, glass, plate glass, windows and doors, sprinklers, fire sprinklers, electrical, all plumbing systems, fixtures, walls, floors, ceilings, all 2
mechanical systems, electrical facilities and equipment, exhaust equipment and systems, exterior, curbs, parking lot, trash enclosures, landscaping, and all other improvements. Tenant shall maintain the Premises in a good and clean condition at all times at its sole cost and expense.
Landlord may enter the Premises at all reasonable times to make such repairs as Landlord shall reasonably deem necessary to the Premises or as Landlord may be reasonably required to do by any governmental authority.
6. Trade Fixtures & Equipment. All trade fixtures and equipment, signs (including indoor and outdoor signage), and specifically designed components of improvements to the Premises, including decorative materials and accessories necessarily related to these items placed in or upon the Premises by Tenant (or any prior owner or occupant of the Premises) (hereinafter collectively referred to as the "Tenant's Property") shall at all times during the Term remain the property of Tenant and Tenant shall have the right to remove the same at any time during the Term or within a reasonable time thereafter unless a Tenant Default has occurred and is continuing hereunder at the time of removal. Tenant shall firther be permitted to install, use on and about, and remove from the Premises at any time during the Term all other personal property which is not a component of the Building(s) located or to be located on the Premises, all of which at all times during the Term shall be deemed to be part of Tenant's Property with the right of removal by Tenant at or before the expiration or termination of this Lease. Tenant's Property shall also include without limitation: (1) removable, decor items and office equipment, including but not limited to computers, POS equipment, telephones, and fax machines; (2) building lettering, trade dress, signs, sign posts, and sign standards; (3) trade fixtures, inventory, equipment, and all personal property used in connection with the business conducted at the Premises; and (4) parts and service equipment, including but not limited to such equipment as may be attached to the building whether by bolts, screws, utility connections or otherwise, such as lifts, compressors and water heaters.
7. Insurance; Indemnification.
7.1.. Tenant's alterations, installations, trade fixtures, and personal property shall be insured by Tenant, not by Landlord. Such policy or policies shall insure against all risks of direct physical loss or damage (except the perils of flood and/or earthquake unless required by a Lender). Said policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Tenant shall be liable for such deductible amount in the event of an Insured Loss.
7.2 (a) Liability and Other Insurance. At all times during the Term of this Lease, Tenant shall, at its sole cost and expense, maintain or cause to be maintained: (a) Commercial General Liability Insurance (as that term is commonly used in the insurance industry) covering liability arising. from the Premises or operations, contractual liability, and personal liability with a limit of not less than Two Million and 00/100 Dollars ($2,000,000.00) Per Occurrence (as that term is commonly used in the insurance industry) on each of the following coverages: (i) Covered Autos (ii) General Liability Bodily Injury and Property Damage Liability (iii) Personal and Advertising Injury Liability (iv) Damages to Premises Rented to Tenant and Five Million and 00/100 Dollars ($5,000,000.00) Aggregate (as that term is commonly used in the insurance industry); (b) Commercial Umbrella Insurance (as that term is commonly used in the insurance industry) of no less than Five Million and 00/100 Dollars ($5,000,000.00); (c) workers' compensation insurance on its 3
employees at the Premises in the amounts required by law; and (d) flood insurance, if the Premises (or any portion thereof) is located within (either currently or at any time during the Term of this Lease) a federally designated "special flood hazard area" in an amount equal to or greater than the replacement value of the improvements at the Premises.
(b) Property Damage. Tenant shall obtain and maintain insurance coverage on all of Tenant's personal property, trade fixtures, and owned alterations and utility installations. Such insurance shall be full Replacement Cost coverage with a deductible of not to exceed $1,000 per occurrence. The proceeds from any such insurance shall be used by Tenant for the replacement of personal property, trade fixtures, and tenant -owned alterations and utility installations. (c) No Representation of Adequate Coverage. Landlord makes no representation that the limits or forms of coverage of insurance specified herein are adequate to cover Tenant's property, business operations, or obligations under this Lease.
(d) Tenant may provide insurance through a JPIA.
7.3 Insurance Carrier; Endorsements. Landlord, its employees, and public officials shall be named as additional insured on certificates of liability insurance required under this Lease.
Tenant shall provide Landlord with a copy of the certificates of insurance on or before the Rent Commencement Date, upon any renewal of such insurance prior to the expiration of the term of such coverage, and otherwise upon Landlord's written request. Tenant's insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to or maintained by Landlord. The Commercial General Liability Insurance (as that term is commonly used in the insurance industry) certificate shall be written on ISO Occurrence Form CG 0001-07.98 (or a substitute form providing equivalent coverage). Tenant shall place said insurance with reputable insurance companies qualified to do business in the state where the Premises are located with at least an A, VII rating in "Best's Insurance Guide". In the event of the payment of insurance proceeds resulting from any damage or destruction to the Premises, and under the terms of this Lease, Tenant is required to repair or restore same, then such insurance proceeds shall be made available to Tenant for the purpose of making such repairs or replacements on reasonable terms as determined by Landlord. In the event of cancellation of the liability insurance policy, Tenant shall notify Landlord at least fifteen (15) days prior thereto, and in the event of cancellation of the casualty insurance policy as a result of non-payment of premiums, Tenant shall notify Landlord at least thirty (30) days prior thereto. Prior to the effective date of any such cancellation, Tenant shall obtain replacement insurance on the terms provided in this Lease.
7.4 Tenant shall obtain a waiver of subrogation from its insurance companies for the benefit of Landlord.
7.5 Indemnification of Landlord. Tenant will protect, indemnify, save harmless, and defend Landlord from and against all liabilities (statutory or otherwise), obligations, claims, demands, damages, penalties, causes of action, costs and expenses (sometimes referred to in this Lease as "Claims," and including, without limitation, reasonable attorney's fees and expenses) imposed upon or incurred by Landlord by reason of any actual or alleged accident, injury to or death of persons or loss of or damage to property occurring on or about the Premises, Building or adjoining sidewalks and parking lot, or any other matter or thing arising out of the Tenant's use, occupation, 4
management, or control of the Premises, or caused by the negligence, errors, acts or omissions of Tenant, or Tenant's employees, agents or representatives, customers, or invitees, on or about the Premises, or any failure on the part of the Tenant to perform or comply with any of Tenant's obligations under this Lease, excluding, however, any such Claims arising from any accident, injury, damage or loss to the extent caused by the negligence or willful misconduct of Landlord, or Landlord's employees, representatives or any of their agents as determined by a court of competent jurisdiction. All property of Tenant or any occupant of the Premises shall be there at the risk of Tenant or such occupant. Landlord shall not be liable for damage to, theft of, or misappropriation of such property. Tenant's obligations under this section shall survive the expiration or early termination of this Lease.
8. Damage to Premises.
8.1 Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Tenant shall, at Tenant's expense, repair such damage.
8.2 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease shall terminate 60 days following such Destruction. If the damage or destruction was caused by the gross negligence or willful misconduct of Lessee, Lessor shall have the right to recover Lessor's damages from Lessee.
9. Assignment/Subletting.
9.1 General Restriction. Tenant shall not assign its interest in this Lease, nor sublet the Premises or any portion thereof, nor otherwise transfer or encumber this Lease or any interest therein (each, an "Assignment"), without first obtaining the prior written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed. At the time of any such proposed Assignment, and as a condition precedent thereto, a Tenant Default must not have occurred and be continuing at such time, under any terms of this Lease. If Tenant consummates an Assignment without obtaining the necessary consent of Landlord pursuant to the provisions of this section, the assignment shall be null and void and of no effect and an uncurable Tenant Default shall thereby be deemed to have occurred.
Notwithstanding the foregoing to the contrary, Tenant shall not be required to obtain Landlord's consent to, and the same shall not be deemed an assignment, in connection with the merger or consolidation of Tenant.
9.2 Assignment by Landlord. In the event of any sale or exchange of the Premises by Landlord and assignment by Landlord of this Lease, the Landlord shall be entirely freed and relieved of its covenants and obligations contained in, or derived from the Lease arising out of any act, occurrence or omission relating to the Premises or this Lease occurring after the consummation of such sale or exchange and assignment, provided however, that the new owner shall assume and agree for the benefit of Tenant to perform all the covenants and obligations of Landlord contained herein from and following the date of the sale or exchange. In the event of such sale or exchange, this Lease shall nevertheless remain unimpaired and in full force and effect and Tenant hereunder agrees to attorn to the then owner of the Premises.
10. Tenant Default and Remedies.
10.1 Tenant Default. The following shall constitute a default of Tenant under this Lease (each, a "Tenant Default"):
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(a) If Tenant fails to make any payment required under this Agreement when due, and does not cure such failure within ten (10) days following written notice from Landlord; (b) Tenant's failure to perform any of the other terms, conditions, or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice thereof from Landlord; provided, however, that that if such failure cannot reasonably be cured in the thirty (30) day period, no default shall be deemed to have occurred so long as Tenant shall commence the cure of the same within thirty (30) days of receipt of Landlord's notice and shall thereafter diligently pursue the same to completion; or (c) If Tenant makes a general assignment for the benefit of creditors or files a voluntary petition in bankruptcy, or if a decree is entered involuntarily adjudicating Tenant a bankrupt and such decree is not dissolved within ninety (90) days, or if a receiver shall be appointed for all the property of Tenant and shall not be discharged within ninety (90) days, then, any such action shall constitute a default by Tenant and, subject to the rights of a mortgagee, Landlord may give notice and terminate this Lease; provided, however, that no such act or event shall constitute a default hereunder or permit the termination of this Lease as long as the payment of all Rent and the other obligations to be performed by the Tenant shall be performed by Tenant or any party claiming under or acting on behalf of Tenant.
10.2 Landlord Remedies. Upon the occurrence of a Tenant Default, following the expiration of any applicable notice and cure periods, Landlord shall have the option to pursue any one or more of the following remedies without notice or demand, in addition to all other rights and remedies available to Landlord at law or in equity, but in all instances, Landlord shall use commercially reasonable efforts to mitigate its damages:
(a) Landlord may elect to terminate this Lease forthwith. In the event of such termination, Tenant shall immediately surrender the Premises to Landlord, and if Tenant fails to do so, Landlord may enter upon and take possession of the Premises and Tenant's Property as provided by applicable law and expel or remove Tenant and any other person who may be occupying said Premises or any part thereof, and any personal property or trade fixtures located therein. In the event of forfeiture of this Lease as herein provided, Tenant agrees that any prepaid Rent being held by Landlord hereunder shall be forfeited to Landlord as liquidated damages for Tenant's default, which liquidated damages shall be in addition to and not in lieu of any unpaid Rent or any other damages accruing to Landlord by reason of such violation by Tenant of any of the terms, provisions and covenants of this Lease.
11. Landlord Default and Tenant Remedies. Landlord shall be in default in the performance of any obligation required to be performed by Landlord under this Lease if Landlord has failed to perform such obligation within thirty (30) days after the receipt of written notice from Tenant specifying in detail Landlord's failure to perform; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required for its performance, Landlord shall not be deemed in default if it shall commence such performance within thirty (30) days and thereafter diligently pursues the same to completion. Upon default by Landlord which is not cured within any applicable notice and cure period, Tenant may pursue its rights and remedies at law or in equity. If Landlord shall be in default in the performance of any obligation required to be performed by Landlord under this Lease, or in the event Landlord or its agents causes the damage or destruction as set forth herein, Tenant shall have the right to recover from Landlord all 6
amounts necessary to compensate Tenant for all the detriment proximately caused by such default or which would be likely to result therefrom; provided, however, in no event shall Landlord be liable for business interruption loss, lost profits or consequential or punitive damages except to the extent arising from any fraud, intentional misrepresentation or gross negligence of Landlord.
Notwithstanding the foregoing, the total maximum liability of the Landlord for any damages of the Tenant under this Lease, or any loss or damage to Tenant or its employees, guests, or invitees shall not exceed the amount of rent paid by the Tenant to the Landlord under this Lease.
12. Waste. Tenant shall not cause injury or waste to the Premises, reasonable wear and tear, effects of time, and damage by the elements or casualty excepted. Tenant shall keep the Premises clean and free from rubbish, trash, and garbage, and, at its own expense, arrange for removal of same.
13. Parking. The Premises currently has a parking lot (the "Parking Lot"). Tenant shall have use of the Parking Lot in common with all others of any open parking spaces, twenty-four (24) hours a day, seven (7) days a week, every day of the year.
14. Signage and Building Identity. Tenant, at Tenant's sole cost and expense, shall be entitled to install signage on and about the Premises, including without limitation exterior signage at all lawful locations or as otherwise approved by appropriate governmental authority. Such signage shall be subject to all applicable laws.
15. Hazardous Substances.
15.1 (a) Tenant shall comply with all applicable laws relating to environmental conditions on, under, or about the Premises including, but not limited to, soil and groundwater conditions. Without limiting the generality of the foregoing, Tenant shall not transport, use, store, maintain, generate, manufacture, handle, dispose, release, or discharge any Hazardous Substance (as defined below) upon or about the Premises, nor permit its respective employees, agents, invitees or contractors to engage in such activities upon or about the Premises. However, the foregoing provisions shall not prohibit the transportation to and from, and the use, storage, maintenance and handling within, the Premises of substances customarily used in connection with normal business use provided: (a) such substances shall be used and maintained only in such quantities as are reasonably necessary for the then -existing use of the Premises, strictly in accordance with applicable laws and the manufacturers' instructions therefor, (b) such substances shall not be disposed or discharged within the Premises, and shall be transported to and from the Premises in compliance with all applicable laws, and (c) if any applicable law or Tenant's trash removal contractor requires that any such substances be disposed of separately from ordinary trash, Tenant shall make arrangements at Tenant's expense for such disposal directly with a qualified and licensed disposal company at a lawful disposal site. The term "Hazardous Substances" shall mean any product, substance, chemical, material, or waste whose presence, nature, quantity, and/or intensity of existence, use, manufacture, disposal, transportation, spill, release, or effect is either: (i) potentially injurious to the public health, safety or welfare, the environment, or the Premises, or (ii) regulated or monitored by any governmental authority having jurisdiction over the Premises or (iii) a basis for the potential liability of Landlord to any governmental agency or third party under any applicable statute or common law theory.
Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, byproducts or fractions thereof. Tenant shall not engage in any activity in or on the Premises which constitutes a Reportable Use of Hazardous Substances without the express prior written consent of Landlord and timely compliance (at Tenant's expense) with all Applicable Requirements. "Reportable Use" shall mean (i) the installation or use of any above or below -ground storage tank, (ii) the 7
generation, possession, storage, use, transportation, or disposal of a Hazardous Substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (iii) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties. Notwithstanding the foregoing, Tenant may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, and including ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Landlord to any liability therefor. In addition, Landlord may condition its consent to any Reportable Use upon receiving such additional assurances as Landlord reasonably deems necessary to protect itself, the public, the Premises, and/or the environment against damage, contamination, injury, and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit.
(b) Duty to Inform Landlord. If Tenant knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Landlord, Tenant shall immediately give written notice of such fact to Landlord, and provide Landlord with a copy of any report, notice, claim or other documentation which it has concerning the presence of such Hazardous Substance. (c) Tenant Remediation. Tenant shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and shall promptly, at Tenant's expense, comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Tenant, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Tenant, or any third party. (d) Tenant Indemnification. Tenant shall indemnify, defend and hold Landlord, its council members, officers, agents, employees, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance first brought onto the Premises by or for Tenant, or any third party from and after the Effective Date (provided, however, that Tenant shall have no liability under this Lease with respect to any Hazardous Substances existing on, under or about the Premises prior to the Effective Date or any underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Tenant). Tenant's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property, or the environment created or suffered by Tenant, and the cost of investigation, removal, remediation, restoration, and/or abatement, and shall survive the expiration or termination of this Lease. No termination, cancellation, or release agreement entered into by Landlord and Tenant shall release Tenant from its obligations under this Lease with respect to Hazardous Substances unless specifically so agreed by Landlord in writing at the time of such agreement.
15.2 Landlord represents and warrants that it is not aware of and has no knowledge of any person or entity that has used, generated, manufactured, produced, stored, released, discharged 8
or disposed of on, under, or about the Premises (or off -site of the Premises that might affect the Premises), or transferred to or from the Premises, any Hazardous Substances except for the transportation to and from, and the use, storage, maintenance, and handling within, the Premises of substances customarily used in connection with normal business use. Landlord shall protect, indemnify, defend, and hold harmless Tenant and its directors, officers, members, managers, contractors, employees, agents, parents, subsidiaries, successors, and assigns from and against any and all loss, damage, cost, expense, or liability (including reasonable attorneys' fees and costs) arising out of or attributable to the actions or omissions of Landlord or its agents, or a breach by Landlord of any representation, warranty, covenant or agreement contained in this Section and from any Hazardous Substances located on, under or about the Premises prior to the Effective date.
It is the intent of Landlord and Tenant that Tenant shall have no liability for damage to the environment or natural resources, for abatement, removal, or clean-up of, or otherwise, with respect to the environmental condition (known or unknown) of the Premises or any property adjacent thereto prior to the Effective Date of the Lease; and that Landlord shall have no liability for damage to the environment or natural resources, for abatement, removal, or clean-up of, or otherwise, with respect to the environmental condition (known or unknown) of the Premises or any property adjacent thereto arising during the term of this Lease or attributable to the actions or omissions of Tenant. The warranties and indemnifications made by the parties in this Section shall survive the termination of this Lease, provided that, with respect to a release associated with an Environmental Regulatory Action, as defined below, the indemnifications shall terminate on receipt of a "no further action" letter or equivalent, from the governmental body concerned, or, if no such letter is available, upon the issuance of a report by Tenant's consultant, which consultant has been approved by Landlord in its reasonable discretion, stating that in the opinion of the consultant, all actions likely to be taken by a governmental body have been taken with respect to the release.
15.3 In the event, there is a release of Hazardous Substances (including without limitation Hazardous Substances originating from any adjoining property or any property in the vicinity of the Premises) in, on, or around the Premises, which results in an enforcement action or actions or proceedings brought against the Landlord or Premises by a governmental body having jurisdiction to compel an investigation, remediation, cleanup, response action, removal action or other regulatory response (the "Environmental Regulatory Action"), that arose prior to the Effective Date, Landlord shall take all required Environmental Regulatory Action and shall have the right to access the Premises as may be reasonably required for the performance of such obligations, provided that if the cost of performing such remediation is not contained within the approved annual budget, it may instead terminate this Lease without incurring any liability. Tenant shall be responsible for any Environmental Regulatory Action during the term of this Lease in which case the indemnities set forth below shall apply. If any corrective, remedial, or responsive action includes any alterations to the Premises or such alterations are required by Environmental Laws, said alterations shall be performed at the expense of the party responsible for such Environmental Regulatory Action. In the event of an Environmental Regulatory Action not arising during the term of this Lease and which Environmental Regulatory Action causes a material, adverse effect on Tenant's business operations in the Premises, the rent shall abate to the extent of any diminution in the use of the Premises for each day from the date of the Environmental Regulatory Action until such time as the Hazardous Substances affecting the Premises have remediated, and the earlier of the date when: (i) Landlord obtains a "no further action" letter or equivalent or a report by Landlord's consultant, which consultant has been approved by Tenant in its reasonable discretion, stating that in the opinion of the consultant, all actions likely to be taken by a governmental body have been taken with respect to the release and delivered the same to Tenant, or (ii) the Tenant has resumed its normal business operations at the Premises. Tenant shall have no obligation to conduct or otherwise pay for any investigative, engineering, or 9
remedial expenses, including, but not limited to, consultant fees for preparation of a report by Landlord's consultant with respect to any release directly attributable to Landlord or its agents or representatives, but shall be responsible for all such investigative, engineering or remedial expenses, including consultant fees, with respect to any release occurring during the term of this Lease. No Waiver of Covenants and Agreements. The failure of Landlord or Tenant to insist in any instance on the strict keeping, observance, or performance of any covenant or agreement contained in this Lease, or the exercise of any election contained in this Lease, shall not be construed as a waiver or relinquishment for the future of such covenant or agreement, but the same shall continue and remain in full force and effect. No waiver of any condition or covenant of this Lease by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant of said lease.
16. Right of Entry. Upon the occurrence and during the continuance of a Tenant Default, Landlord and its representatives may enter onto the Premises during normal business hours upon reasonable advance written notice to Tenant. At any time during the Term or Renewal Term, as applicable, Landlord may enter the Premises during all business hours for any purpose. Any entry by Landlord and/or its representatives shall be accomplished in a manner that will minimize any interruption or interference with Tenant's business operations within the Premises.
17. Surrender of Premises. Tenant shall promptly surrender the Premises to Landlord at the expiration or sooner termination of the Term of this Lease and leave the Premises in good condition and repair, subject to reasonable wear and tear, broom clean and free of all debris, waste, and by-products. Tenant may remove all of Tenant's Property from the Premises, as permitted in this Lease. Upon removal of any trade fixtures affecting the building systems, Tenant shall cap or cover such building system upon removal of the trade fixtures. Any of Tenant's property remaining in the Premises at the expiration of the Term of this Lease shall be deemed abandoned by Tenant, and Landlord may claim the same and shall in no circumstances have any liability to Tenant therefor. Upon termination, Tenant shall also surrender all keys for the Premises to Landlord and, if applicable, inform Landlord of any combinations of locks or safes in the Premises. The provisions of this paragraph shall survive the expiration or termination of this Lease.
18. Holding Over. Any holding over after the expiration of the Term hereof, with or without the consent of Landlord, shall be construed to be a tenancy from month to month at the Rent herein specified (prorated on a monthly basis) and shall otherwise be on the terms and conditions herein specified, so far as applicable; provided, however, if such holding over is without the consent of Landlord; Rent for such holdover period shall be 100% the Rent due for the last year of the Term.
19. No Consequential or Punitive Damages. Notwithstanding any provision of this Lease to the contrary, under no circumstances shall either party be liable to the other for any consequential, special, exemplary, or punitive damages or lost profits.
20. Separability and Survivability. The illegality, invalidity, or unenforceability of any term, condition, or provision of the Lease shall in no way impair or invalidate any other term, provision, or condition of the Lease, and all such other terms, provisions, and conditions shall remain in full force and effect. In the event that Landlord or Tenant lawfully terminates this Lease, the provisions of this Lease shall otherwise remain in effect to the extent necessary to allow Landlord and Tenant to enforce rights and obligations accruing prior to the termination of this Lease and attributable to the period of time prior to the termination of this Lease. 10
21. Governing Law and Venue. The Lease shall be governed by and construed pursuant to the laws of the state of California. Venue for any action under or related to this lease shall be exclusively in the state or federal courts located in the County of Riverside. Any judgment rendered in such an action may be enforced in any other jurisdiction domestic or foreign subject to applicable law and treaty.
22. Notices. All notices required under this Lease shall be deemed to be properly served if delivered in writing personally, sent by certified mail with a return receipt requested, or sent by a nationally recognized overnight carrier, to the party at the address set forth below, or to any subsequent address which Tenant or Landlord may designate in writing to the other party for such purposes. The date of service of a notice shall be deemed received (a) when delivered if delivered personally, (b) three (3) days after being deposited in the United States mail, certified mail, postage prepaid, or (c) one (1) day after being sent using a reliable overnight carrier. All notices shall be addressed as follows:
If to Landlord:
City of Beaumont
c/o City Manager
550 East Sixth Street
Beaumont, CA 92223
If to Tenant:
Riverside County- Housing Workforce Solutions, Workforce Development Division; ATTN: Heidi Marshall
1325 Spruce Street, Suite 400
Riverside, CA 92507
23. Binding Effect. Except as otherwise herein provided, this Lease and all the covenants, terms, provisions, and conditions herein contained shall inure to the benefit of and be binding upon the heirs, representatives, successors, and assigns of each party hereto, and all covenants herein contained shall run with the land and bind any and all successors in title to Landlord.
24. Attorneys' Fees. If either Landlord or Tenant commences or engages in any action or litigation or arbitration against the other party arising out of or in connection with the Lease, the Premises, and/or the Building, including but not limited to, any action for recovery of any payment owed by either party under the Lease, or to recover possession of the Premises, or for damages for breach of the Lease, the prevailing party in any such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and other costs incurred in connection with the action and preparation for said action. This provision shall survive the termination of the Lease.
25. Cooperation. Landlord shall fully cooperate with Tenant throughout the Term of this Lease to secure or maintain proper zoning, building, and other permits for the Premises, and to assist Tenant in complying with all applicable laws. Landlord shall execute any petitions, requests, applications, and the like as Tenant shall reasonably request in order to obtain any permit, license, variances, and approvals which, in the reasonable judgment of Tenant, are necessary for the lawful construction and/or operation of Tenant's business on the Premises. 11
26. Entire Agreement and Amendment. This Lease constitutes the complete and entire agreement between the parties. All negotiations, considerations, representations, and understandings between Landlord and Tenant are merged herein and may be modified or altered only by agreement in writing between Landlord and Tenant. No act or omission of any employee or agent of Landlord shall alter, change, or modify any of the provisions hereof.
27. Authority. Each party warrants and represents to the other party that (a) it is duly organized, validly existing, and in good standing in the state of its organization; (b) it has all requisite power and authority to own and lease property in the state where the Premises are located; (c) it is fully authorized to enter into this Lease and that all required actions have been taken to authorize the execution of this Lease; and (d) this Lease constitutes a legally binding agreement enforceable against Landlord and Tenant, respectively, in accordance with its terms.
28. Counterparts. This Lease may be executed in one or more counterparts, all of which, when taken together shall constitute one agreement. A signed copy of this Lease delivered by facsimile, PDF, e-mail, or other electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Lease.
29. Exhibits. A11 Exhibits and Recitals referenced herein and attached hereto are made a part hereof.
30. Time. Time is of the essence with regard to all obligations and covenants of this Lease.
12
[Signature page to follow]
13
IN WITNESS WHEREOF, said parties have executed and delivered this Lease as of the date and year first above written.
TENANT: LANDLORD:
County of Riverside, on behalf of the
Riverside County HWS- Workforce
Developm-nt Division CITY OF BEAUMONT
By:
By:
Name: Vincent Yzagitirr
Title: Director, Facilities Management
Date:
Approved as to form:
Minh C. Tran
ounty Counsel
s s./L
By:
Paula S. Salcido
Deputy County Counsel 06/24/2025
Date:
14
EXHIBIT "A"
LEGAL
DESCRIPTION
1. Location: 514 N. California Ave.; Beaumont, CA 92223
2. Landlord will make the building accessible to Program Provider: Mondays -Thursday, 7:30A -5:30P; Fridays, 7:30A-12:OON & other hours as agreed by the landlord.
3. Building spaces designated for tenant use with space numbering corresponding to the attached building floorplan map:
a. Space #11 is designated for the exclusive use of Tenant. All other areas of the building, including conference rooms and common areas, shall be shared and coordinated with the Landlord in accordance with the access and priority use provisions of this Lease. 15
6 MAKERSPACE
47'0' x 198'
KITCHEN
21'3"x T9'
5 4
OFFICE
87" x 510'
3 OFFICE
8'7' x 15'8'
UTILITY CLOSET
112'x 8'4"
CLASSROOM
312' x 251'
\ HALL
4'8' x 38'11'
2 OFFICE
8'7'x20'1•
BATH
7'1' x 7'3"
BATH
T4' x Tv
9 OFFICE
ITT x l0'Q'
8 ROOM
1TY x 10'0'
7 MEETING ROOM
1T2' x 10'8"
FOYER
38'2' x 16'10'
FLOOR 1
HALL
7'3' x 1E'Y
i
ELEVATOR
80'x182'
HALL .
'1' x 28'11
11 10
OFFICE
112"x 11'11'
ENTRY
15'7'x6'4"
RECEPTION
9 11' x 13'1'
1 16
17 ROOM
1118' x'17'2'
BATH
8'0' x ;0'10"
16 ROOM
11'6' x9'9"
15 OFFICE
11'6' x 19'6'
14 OFFICE
11'a' x 113/101'
FLOOR 2
KITCHEN
5'2' x 0'7'
BATH
HALL
19'1"x8'6"
20 ROOM
14'1' x 11'10'
19 HALL E. OFFICE
4'5' x 37'1" 14'1' x (I'11"
18 OFFICE
14'1' x 11'1t'
HALL
10'1`x4'1'
HALL
x 9's'
ELEVATOR
a6' x B3^
HALL
4'6" x 40'10'
22. ROOM
11'7"x 15'8'
EMRY
11'11' x 4'7"
21 HALL
10'5' x 18'
ROOM
117' x 10'3'
17
EDD
State of California
Employment
Development
Department
Host Organization:
SUP Site Address:
SPACE USE PERMIT (SUP)
Number of Staff to Occupy SUP Site:
Space to be Occupied (sq. ft.):
Begin Date:
Expiration Date:
EDD Parent Office:
EDD Parent Office Cost Center:
SUP #:1402
City of Beaumont, Economic Development
514 California Avenue
Beaumont, CA 92223
4 500
08/01/2025
07/31/2027
749 N State Street, Hemet, CA 92543 and
44199 Monroe St, Indio, CA
01610
SPECIAL TERMS AND CONDITIONS
The Host Organization, or its representative/agent, hereby agrees to allow the State of California, Employment Development Department (EDD), to occupy rent-free the premises identified above as "SUP Site," in accordance with the terms above. The term of this agreement shall not exceed two (2) years. The Host is under no obligation to provide space on a continuing basis, and this agreement may be terminated by either party by providing thirty (30) days written notice.
It is mutually understood that this document does not authorize any payments between these parties, and that any cost sharing or reimbursement between EDD and the Host Organization must be documented in a separate written agreement and signed by each party hereto. Furthermore, no alterations or variations of the terms of this agreement shall be valid unless made in writing and signed by each party hereto, and that no oral understanding or agreement not documented and agreed to in writing, shall be binding on either party.
Pursuant to Section 895.4 of the California Government Code, each party hereto agrees to indemnify and hold harmless from liability for damage to persons or property arising out of or resulting from acts or omissions of the indemnifying parties.
Pursuant to Section 25915 of the Health and Safety Code, the Host Organization must provide written notice to EDD employees of the presence of asbestos -containing materials within fifteen (15) days of knowledge, or for new employees, fifteen (15) days of commencing work in the building; and annually thereafter.
Except in emergency situations, the Host Organization Representative/Agent shall not give less than forty-eight (48) hours prior notice to State tenants when any pest control, remodeling, renovation, or repair work affecting the State occupied space may result in employee health concerns in the work environment.
Host Organization — Authorized Signature and Title
Mike Lara, City Mayor Date:
EDD Cost Center Manager — Authorized Signature and Title Z7e,e&ta. /t4o-t ,
EDD Field Office Division Chief — Authorized Signature and Title Cheri Greenlee, Div Chief Date:
Debbie Napier, EPM III
Date: o7/20/2 5
EDD CO Workforce Services Division Chief — Authorized Signature and Title WS Division Chief Date:
Business Operations Planning and Support Division (BOSPD) — Authorized Signature and Title BOPSD Chief Date:
For additional information regarding the SUP policy, please contact the Workforce Services Branch at [email protected].
DE 4495 Rev. 17 (12-17) CU
BEAUMON
-C A L I F O R N !IT
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
Sunshine Sanchez, Management Analyst
DATE: August 19, 2025
SUBJECT: Follow -Up Report No. 9 — Local State of Emergency - Sewer Mainline Failure and Emergency Repairs in Fairway Canyon
Description: City is retroactively pursuing environmental permits due to local emergency caused by the sewer mainline failure in Fairway Canyon. A resolution to re - ratify the declared state of local emergency is needed.
Background and Analysis:
On March 3, 2025, City staff were notified of a major sewer mainline failure in the Fairway Canyon community caused by slope erosion behind Hogan Drive homes. The incident led to a manhole collapse and subsequent 15 -inch sewer mainline failure, resulting in a raw sewage spill and the need for emergency response measures.
On March 4, 2025, City Council adopted a Resolution titled, "A Resolution Of The City Council Of The City Of Beaumont Declaring A Local Emergency And Authorizing The City Manager To Take Necessary Action", which authorized emergency expenditures in an amount not to exceed $500,000, directed staff to provide ongoing reports at each subsequent City Council meeting under California Public Contract Code Section 22050, and authorized the City Manager to take all necessary actions to mitigate further damage and ensure public health and safety.
On March 18, 2025, staff brought a follow-up status report regarding the emergency repairs in Fairway Canyon. No action was taken, but updated pictures were provided, along with an estimated amount of $21,000 that has been expended.
On April 1, 2025, staff brought a follow-up status report regarding the emergency repairs in Fairway Canyon. The full financial impact to date was $432,101, including requisitions added and costs on bypass pumping, equipment, and fuel. Staff were approved for an additional $500,000 to increase the total allocation to $1,000,000 to cover the costs for repairs.
On April 15, 2025, staff provided a follow-up regarding the emergency repairs in Fairway Canyon, which included construction progress updates with pictures and expenditures paid to date.
On May 6, 2025, staff provided an update on construction activity with pictures of completed items.
On June 3, 2025, the City Council re -ratified the Local Emergency Declaration through a second resolution.
On June 17, 2025, staff provided an update to the City Council that, on the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.
On July 15, 2025, the City Council re -ratified the Local Emergency Declaration through a third resolution.
Staff are currently coordinating with applicable agencies for permitting.
The costs are displayed in the table below:
Expenditures as of 08/1/2025
Encumbered
Amount Spent
Fuel for bypass pumps
$
2,346.00
$ 2,972.00
Miscellaneous equipment
$
1,294.00
$ 1,168.00
Electrical
$
8,627.00
$ 8,627.00
Charles King (Bypass pumps)
$
40,000.00
$ 23,552.00
Weaver Grading
$
389,500.00
$ 354,500.00
Legal Services
$
-
$ 34,414.00
State Water Resources Control Board
$ 4,212.00
Total
$
441,767.00
$ 429,445.00
Fiscal Impact:
All emergency -related costs were paid from the Wastewater contingency account.
Although this account has exceeded its budget, Wastewater Fund revenues are tracking higher than anticipated; therefore, no reserve funds will be required. Overall, the Wastewater Fund remains within its total appropriated budget.
The estimated cost to prepare this staff report is $150.
Recommended Action:
Waive the full reading and adopt by title only, "A Resolution of the City Council of the City Of Beaumont Extending The Declaration of a Local Emergency and Authorizing The City Manager To Take Necessary Action", and
Direct staff to return at the next Council meeting regarding the status and requirements of applicable environmental permits.
Attachments:
A. Extension Resolution
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, RE -RATIFYING AND EXTENDING THE LOCAL EMERGENCY
DECLARED DUE TO THE SEWER MAINLINE FAILURE IN FAIRWAY CANYON WHEREAS, on March 3, 2025, the City of Beaumont experienced a significant sewer mainline failure in the Fairway Canyon community caused by slope erosion behind Hogan Drive homes, resulting in a collapsed manhole, raw sewage spill, and public safety concerns; and
WHEREAS, on March 4, 2025, the City Council adopted Resolution No. 2025-06 declaring a local emergency and authorizing the City Manager to take all necessary actions to address the emergency and protect public health and safety, including emergency expenditures up to $500,000; and
WHEREAS, on April 1, 2025, the City Council adopted a Resolution Re -Ratifying State of Emergency and authorized an increase in emergency expenditures to a total of $1,000,000 to continue emergency repair and response operations; and WHEREAS, the City Council has received periodic follow-up reports on the status of repairs and expenditures, including on March 18, April 1, April 15, and May 6, 2025; and
WHEREAS, the emergency sewer repair work has been completed, including removal and replacement of damaged infrastructure, restoration of sidewalks, and reinstallation of landscaping; and
WHEREAS, on June 3, 2025, the City Council re -ratified the Local Emergency Declaration through a second resolution; and
WHEREAS, on June 17, 2025, staff provided an update to the City Council that, on the recommendation of legal counsel, the emergency status remains open while the City pursues environmental permits retroactively.
WHEREAS, on July 15, 2025, staff provided an update to the City Council and re -ratified the Local Emergency Declaration through a third resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE BEAUMONT CITY COUNCIL AS FOLLOWS:
Section 1. The City Council hereby continues and reaffirms the local emergency declaration originally adopted on March 4, 2025, and re -ratified on April 1, 2025, and June 3, 2025.
1
Section 2. The local emergency shall remain in effect until such time that the Council determines that the emergency conditions have been abated.
Section 3. This Resolution shall take effect immediately upon its passage and adoption.
MOVED, PASSED, and ADOPTED this 19th day of August 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Mike Lara, Mayor
City of Beaumont
ATTEST:
By:
Nicole Wheelwright, City Clerk
City of Beaumont
2
BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert L. Vestal, Director of Public Works
DATE August 19, 2025
SUBJECT: Union Pacific Railroad Contract Amendment (Contract No. C22-69) Description: First Amendment to the Construction Agreement with Union Pacific Railroad (UPRR) for construction of the grade crossing for the Pennsylvania Avenue Widening Project (CIP 2017-009).
Background and Analysis:
On July 19, 2022, the City Council approved a construction agreement with Union Pacific Railroad (UPRR) for construction of new signals and an expanded railroad crossing on Pennsylvania Avenue for an amount not to exceed $1,069,018. This agreement amount was based on estimates for construction costs provided by UPRR.
Per the agreement, the City is responsible to pay 100% of all actual costs incurred by the railroad in connection with the project. UPRR is only able to provide final actual costs once invoicing has been completed, which can take up to 180 days following the completion of construction. Final actual costs were provided to the City by UPRR in June of 2025, with a total final actual cost of $1,274,018. The proposed amendment to the construction agreement was provided to the City by UPRR on July 2, 2025.
Project Status Update and Current Amendment Request
Construction of the project is complete, and the Notice of Completion (NOC) was approved by City Council on June 3, 2025.
An amendment to the construction agreement is required because the final actual cost to the railroad exceeds the original construction agreement amount. With approval of the agreement, the City can pay the one remaining invoice from UPRR and close the project.
The cost for Amendment No.1 represents an increase in cost of $205,000. This results in a revised total contract cost not to exceed $1,274,018. A summary of the contract amendments to date is provided in the following table.
Agreement Summary
Original Agreement
Amendment No. 1
Total Agreement:
Original 2022)
$1,069,018
$205,000
$1,274,018
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 Pennsylvania Avenue Widening Project (CIP2017-009) budget. Please refer to the following project accounting chart and table for a summary of project funding and budget:
CIP 2017-009 Pennsylvania Avenue Widening Project Funding Summary Estimated Project Cost= $11,392,600
CIP 2017-009 Pennsylvania Avenue Widening Project Budget Summary Project
Component
Budget Encumbered Paid to Date Remaining
Budget
Project Management
$22,538
$(22,537)
$(22,537) Ill
Preliminary Services
$142,540 $(142,540) $(26,019)
Environmental
$164,026 $(163,708) $(163,708) $318
Design
$597,796 $(597,796) $(594,369)
Permit $250,432 $(200,296) $(197,983) $50,136
Right -of -Way
Construction $9,965,268 $(9,715,268) $(8,751,157) $250,000
Construction Management
Equipment
Recommended Action:
$200,000 $(37,510)
($50,000
$11,392,600
$(10,886,231)
$(31,876) $162,490
$(6,574)
$(9,794,223)
$506,369
Approve the first amendment to the Construction Agreement with Union Pacific Railroad (UPRR) for the Pennsylvania Avenue Widening Project (CIP 2017-009) to increase the agreement by $205,000 for a new total contract amount not -to -exceed $1,274,018.
Approve a purchase change order to Purchase Order No. 22/23 1267 with Union Pacific Railroad (UPRR) for the Pennsylvania Avenue Widening Project (CIP 2017-009) increasing the not -to -exceed amount by $205,000 for a revised total amount not -to - exceed $1,274,018.
Attachments:
A. First Amendment to the Construction Agreement with Union Pacific Railroad (UPRR)
B. Original Agreement with UPRR
UPRR REMS
Project 705327
SUPPLEMENTAL AGREEMENT
DOT 760688Y, Pennsylvania Avenue
MP 563.07, Yuma Subdivision
Beaumont, California
THIS SUPPLEMENTAL AGREEMENT (the "Supplement") is made as of , by and between UNION PACIFIC RAILROAD COMPANY, a
Delaware corporation ("Railroad") and the CITY OF BEAUMONT, CALIFORNIA ("Agency"), to be addressed at 550 E 6th Street, Beaumont, California 92223.
RECITALS
By instrument dated January 3, 2023, Union Pacific Railroad Company and the Agency entered into an agreement for engineering services identified by the UPRR Project Number 705327 (the "Agreement").
The Agency has requested a Supplemental Agreement to include an addendum for additional funding for engineering services as shown on the Exhibit Addendum attached hereto.
AGREEMENT
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:
SECTION 1 - AMENDMENT OF THE AGREEMENT
Railroad amends the Agreement to include the attached Exhibit Addendum.
The Agreement is amended to include an Estimate to cover additional engineering services in the amount of Two Hundred And Five Thousand Dollars ($205,000.00) as shown on the Exhibit Addendum, attached hereto and hereby made a part thereof to the Agreement, which shall be, and hereby is amended to include the attached Exhibit Addendum.
SECTION 2 - EFFECTIVE DATE
This Supplemental Agreement shall be effective as of the instrument date above.
SECTION 3 - AGREEMENT SUPPLEMENTAL
This agreement is supplemental to the Agreement, as herein amended, and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided.
IN WITNESS WHEREOF, the parties hereto have caused this Supplement to be executed in duplicate as of the date first herein written. [Signature Page Follows]
CITY OF BEAUMONT, CALIFORNIA UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation
Signature Signature
Kenneth Tom
Printed Name Printed Name
Manager I, Industry & Public Projects
Title
Title
Date Date
Exhibit Addendum
To Agreement
Railroad's Estimate
EXHIBIT C-1
ESTIMATE OF FORCE ACCOUNT WORK
BY THE
UNION PACIFIC RAILROAD COMPANY
DESCRIPTION OF WORK: Engineering and other related services for work to be performed within railroad right of way. This includes project and construction management during construction activities in railroad right of way. All necessary railroad services will be billed at actual cost.
DATE:
July 1, 2025
LOCATION:
Beaumont, CA
DOT: 760688Y
SUBDIVISION
Yuma
STATE:
CA
DESCRIPTION LABOR MATERIAL UP %0 Agency % 100 TOTAL
ENGINEERING
Project Overrun - Supplement Amount
Construction Submittals
Construction Management
Digital Observation (*If Required*)
$ - $
$ - $
$ _ $
$ 150/day $250/day
TOTAL PROJECT: $
$ $
$ 205,000.00 $ 205,000
$ 205,000.00 $205,000
TOTAL ESTIMATED COST: $205,000
THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION.
IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF
MATERIAL OR LABOR REQUIRED, THE RAILROAD WILL BILL FOR ACTUAL COSTS AT THE CURRENT RATES EFFECTIVE THEREOF.
**Digital Observation (*If Required*) = This will be assessed when determined to be required by UPRR** Flagging is NOT included in this estimate. Agency's are instructed to follow Union Pacific's Third Party Flagging Policy.
Please utilize the following link to Union Pacific's Third Party Flagging Policy:
httas:// www.uo.com/real estate/third-warty-flagging/index.htm
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 UP Real Estate Project No.: 0705327
PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT
Pennsylvania Avenue
760688Y
563.07 — Yuma Subdivision
Beaumont, Riverside County, California
THIS AGREEMENT ("Agreement") is made and entered into as of the 5 day of October , 20 22 ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 ("Railroad") and CITY OF BEAUMONT, a municipal corporation or political subdivision of the State of California to be addressed at 550 East Sixth Street, Beaumont, California 92223 ("Political Body").
RECITALS:
Presently, the Political Body utilizes the Railroad's property for the existing at grade public road crossing over Pennsylvania Avenue, DOT Number 760688Y at Railroad's Milepost 563.07 on Railroad's Yuma Subdivision at or near Beaumont, Riverside County, California.
The Political Body now desires to undertake as its project (the "Project") the reconstruction and widening of the existing at grade public road crossing, installation of a sidewalk, and addition of raised medians. The road crossing, as reconstructed and widened is hereinafter the "Roadway."
The Railroad right of way being utilized for the existing at grade public road crossing is not sufficient to allow for the reconstruction and widening of the Roadway.
Therefore, under this Agreement, the Railroad will be granting additional rights to the Political Body to facilitate the reconstruction and widening of the Roadway, installation of a sidewalk, and addition of raised medians. The portion of Railroad's property that Political Body needs to use in connection with the Roadway (including the right of way being utilized for the existing at grade crossing) is shown on the Railroad's survey print marked Exhibit A and shown on the Political Body's type, size and location print marked Exhibit A-1, with each exhibit being attached hereto and hereby made a part hereof (the "Crossing Area").
In support of its Project, the Political Body has requested the Railroad's cooperation in connection with upgrading grade crossing protection devices. Said work is to be performed at the sole expense of Political Body.
1 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 The Railroad and the Political Body are entering into this Agreement to cover the above.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows:
Section 1. EXHIBIT B
The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof.
Section 2. RAILROAD GRANTS RIGHT
For and in consideration of the sum of ONE HUNDRED SEVENTY THREE THOUSAND DOLLARS ($173,000.00) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body's agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area.
Section 3. DEFINITION OF CONTRACTOR
For purposes of this Agreement the term "Contractor" shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad's property and shall also include the Contractor's subcontractors and the Contractor's and subcontractor's respective employees, officers and agents, and others acting under its or their authority.
Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any work within the Crossing Area and any subsequent maintenance and repair work, the Political Body shall require the Contractor to:
• execute the Railroad's then current Contractor's Right of Entry Agreement • obtain the then current insurance required in the Contractor's Right of Entry Agreement; and
• provide such insurance policies, certificates, binders and/or endorsements to the Railroad.
B. The Railroad's current Contractor's Right of Entry Agreement is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property.
2 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's Contractor's Right of Entry Agreement and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein.
C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:
Manager - Contracts
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Street, Mail Stop 1690
Omaha, NE 68179-1690
UP Project No. 0705327
D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self -insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval.
Section 5. FEDERAL AID POLICY GUIDE
If the Political Body will be receiving any federal funding for the Project, the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this Agreement by reference.
Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD
The Political Body agrees that no Project costs and expenses are to be borne by the Railroad. In addition, the Railroad is not required to contribute any funding for the Project.
Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS
A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimates dated April 12, 2021, and January 10, 2022, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimates"). As set forth in the Estimates, the Railroad's estimated cost for the Railroad's work associated with the Project is Eight Hundred Ninety Six Thousand Eighteen Dollars ($896,018.00).
B. The Railroad, if it so elects, may recalculate and update the Estimates submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within six (6) months from the date of the Estimates.
3 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 C. The Political Body acknowledges that the Estimates may not include any estimate of flagging or other protective service costs that are to be paid by the Political Body or the Contractor in connection with flagging or other protective services provided by the Railroad in connection with the Project. All of such costs incurred by the Railroad are to be paid by the Political Body or the Contractor as determined by the Railroad and the Political Body. If it is determined that the Railroad will be billing the Contractor directly for such costs, the Political Body agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing.
D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed.
E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates.
Section 8. PLANS
A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and the Structure and submit such plans and specifications to the Railroad's Assistant Vice President Engineering -Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances.
B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering -Design, or his authorized representative, are hereinafter referred to as the "Plans". The Plans are hereby made a part of this Agreement by reference.
C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing.
D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes
4 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 no representations or warranty as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor.
Section 9. NON -RAILROAD IMPROVEMENTS
A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non -railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance -of -Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right -to -take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property.
B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators.
Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities.
Section 10. EFFECTIVE DATE; TERM; TERMINATION
A. This Agreement is effective as of the Effective Date first herein written and shall continue in full force and effect for as long as the Roadway remains on the Railroad's property.
B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad's property within twelve (12) months from the Effective Date.
C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in
5 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans.
Section 11. CONDITIONS TO BE MET BEFORE
POLITICAL BODY CAN COMMENCE WORK
Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until:
(i) The Railroad and Political Body have executed this Agreement. (ii) The Railroad has provided to the Political Body the Railroad's written approval of the Plans.
(iii) Each Contractor has executed Railroad's Contractor's Right of Entry Agreement and has obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the Contractor's Right of Entry Agreement.
(iv) Each Contractor has given the advance notice(s) required under the Contractor's Right of Entry Agreement to the Railroad Representative named in the Contactor's Right of Entry Agreement.
Section 12. FUTURE PROJECTS
Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions.
Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS
A. Political Body shall not assign this Agreement without the prior written consent of Railroad.
B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body.
Section 14. SPECIAL PROVISIONS PERTAINING TO AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
If the Political Body will be receiving American Recovery and Reinvestment Act ("ARRA") funding for the Project, the Political Body agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The Political
6 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Body confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directing from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the Political Body and not of the Railroad, and (ii) the Political Body shall not delegate any ARRA reporting responsibilities to the Railroad. The Political Body also confirms and acknowledges that (i) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (ii) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete the ARRA reporting documents. The Railroad confirms that the Political Body and the Federal Highway Administration shall have the right to audit the Railroad's billing and documentation for the Project as provided in Section 11 of Exhibit B of this Agreement.
Section 15. TERMINATION OF ORIGINAL AGREEMENT
Upon the completion of the Roadway, the Original Agreement shall terminate and the terms and conditions of this Agreement shall govern the use, maintenance and repair of the Roadway.
Section 16. ANNUAL SIGNAL MAINTENANCE FEE
A. Effective as of three years from effective date of this Agreement or the date of installation and/or the in-service date of the new and/or improved or existing Grade Crossing Signal System(s) ("Signal System"), the Political Body, in addition to maintaining at its sole cost and expense the portion of the Roadway described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Eighteen Thousand Five Hundred Thirty Dollars ($18,530.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the Signal System that is installed at the Roadway. The annual signal maintenance fee is calculated as shown on the attached Exhibit E, attached hereto and made a part hereof.
B. The above annual signal maintenance fee for Railroad's maintenance of the Signal System is based on the number of current signal units installed at the Roadway. If the Signal System is improved and/or altered in any way, the Political Body must notify the Railroad in writing and the annual signal maintenance fee will be increased at a rate based on the American Railway Engineering and Maintenance of Way Association (AREMA) signal unit cost index. If the Political Body fails to notify Railroad of any improvement or alteration to the Signal System, the Railroad may increase the annual signal maintenance fee at a rate based on the AREMA signal unit cost index any time after the date of installation and/or improvement of the Signal System. The signal unit base for the annual signal maintenance fee may also be re -determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual signal maintenance fee was last determined or established. Any such changes in the annual signal maintenance fee referenced in Article 2 may be made by means of automatic adjustment in billing.
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Section 17. SURFACE MAINTENANCE
The Railroad shall maintain the crossing between the track tie ends at Political Body's expense. Political Body agrees to pay to Railroad the sum of Three Thousand Twenty Dollars ($3,020.00) per annum, payable annually in advance, as payment for Railroad's maintenance of the crossing area between track tie ends located within the Crossing Area. See Exhibit C. The Political Body, at its expense, shall maintain and repair all portions of the Roadway approaches that are not within the area between lines two (2) feet outside of the rails of each track. See lower left hand corner of Exhibit C.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written.
UNION PACIFIC RAILROAD COMPANY
(Federal Tax ID #94-6001323)
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Printed Name: Daniel A. Leis
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Title: General Director - Real Estate
CITY OF BEAUMONT
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DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36
EXHIBIT A
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PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
Exhibit A will be a survey print showing the Crossing Area (see Recitals)
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UNION PACIFIC RAILROAD COMPANY
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M.P. 563.07 - YUMA SUB.
MAP SP CA V-3 / 1
SCALE: 1" = 100'
OFFICE OF REAL ESTATE
OMAHA. NEBRASKA DATE: 3/11/2022
RRM FILE: 07530-37
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 EXHIBIT A-1
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City Engineer/Director of Public Works
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DATE
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CITY OF BEAUMONT, PUBLIC WORKS DEPARTMENT 550E. 6th st
ENGINEERING DIVISION Beaumont, CA 92223
TEL: (951) 769-8520 FAX: (951) 769-8526
PENN AVE AT -GRADE CROSSING
JOB NUMBER:
STEPHANIE LAM, P.E. DATE
R.C.E. NO. 85688
ENGINEER
REVISIONS
CITY
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Public Highway At -Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
EXHIBIT B
TO
PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
SECTION 1. CONDITIONS AND COVENANTS
A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent.
B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area.
C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof.
The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties.
D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment.
E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property.
1 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad.
SECTION 2. CONSTRUCTION OF ROADWAY
A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained.
B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad.
C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering -Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad.
D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor.
SECTION 3. INJURY AND DAMAGE TO PROPERTY
If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the
2 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering -Design.
SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract.
SECTION 5. MAINTENANCE AND REPAIRS
A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by the Railroad at Political Body's expense.
B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timer planking, the Railroad, at the Political Body's expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement.
SECTION 6. CHANGES IN GRADE
If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage.
SECTION 7. REARRANGEMENT OF WARNING DEVICES
If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken.
SECTION 8. SAFETY MEASURES; PROTECTION
OF RAILROAD COMPANY OPERATIONS
It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the
3 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following standards:
A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad's property.
B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad's property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body's employees, or damage to any property or equipment (collectively the "Loss") that arises from the presence or activities of Political Body's employees on Railroad's property, except to the extent that any Loss is caused by the sole direct negligence of Railroad.
C. Flagging.
(i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Political Body for such expenses incurred by Railroad. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. (ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for
4 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed.
One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges.
(iii) Reimbursement to Railroad will be required covering the full eight -hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.
D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses.
The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
5 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.
F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations.
G. Suspension of Work. If at any time the Political Body's engineers or the Vice President -Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.
H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area.
I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President -Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President -Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property.
The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate.
6 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity.
K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities.
L. Notice. Before commencing any work, the Political Body shall provide the advance notice to the Railroad that is required under the Contractor's Right of Entry Agreement.
M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall visit up.com/CBUD to complete and submit the required form to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises.
SECTION 9. INTERIM WARNING DEVICES
If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed.
7 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 SECTION 10. OTHER RAILROADS
All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities.
SECTION 11. BOOKS AND RECORDS
The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body.
SECTION 12. REMEDIES FOR BREACH OR NONUSE
A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof.
B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder.
C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination.
SECTION 13. MODIFICATION - ENTIRE AGREEMENT
No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof.
8 DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Public Highway At -Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
EXHIBIT C
TO
PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimates.
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 orce Account Estimate
CITY OF BEAUMONT
Estimate Creation Date: 04/12/2021 Number: 133708 Version: 1 Estimate Good Until 04/12/22
Location: YUMA SUB, SIMN, 620.21-636.93
Buy America: Yes
Description of Work: BEAUMONT, CA, PENNSYLVANIA AVENUE, M.P. 563.07, YUMA SUBDIVISION, DOT#760688Y, WO#58372, PID#106844 (100% RECOLLECTABLE)
COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL
Cost
SIGNAL
Xing - Engineering Design
1 LS
15,129.00
15,129
0 15,129
M.P. 563.07 - XING
Xing - 1 Trk CWE w/Four Quad
Gates
1 EA
192,474.00
67,200
125,274
192,474
M.P. 563.07 - XING
Xing - Track Card (Main and
Stand-by) New Cable
1 EA
12,889.00
6,000
6,889
12,889
M.P. 563.58 - REMOTE
Xing - 2 Trk Remote CWE and
House
1 EA
75,404.00
21,200
54,204
75,404
M.P. 563.58 - REMOTE
Xing - IXS Track Circuit
2 EA
14,951.00
11,072
18,830
29,902
M.P. 563.58 - REMOTE
Xing - Dax Cable 1000'
2 EA
6,440.00
8,000
4,880
12,880
Xing - Boring
1 LS
10,000.00
0 10,000
10,000
C-MIPP
Xing - Misc.
1 LS
30,000.00
0 30,000
30,000
10% LABOR CONTINGENCY
Xing - Misc.
1 LS
37,752.80
37,753
0 37,753
Xing - Remove Location
1 LS
2,000.00
2,000
0 2,000
Xing - Remove Location (Gates)
1 LS
2,000.00
2,000
0 2,000
FEDERAL 184.71% (SIG)
Xing - Labor Additive
1 LS
244,927.31
244,927
0 244,927
Sub -Total = 415,281 250,077 665,358
Totals = 415,281 250,077 665,358
Grand Total = $665,358
This is a preliminary estimate, intended to provide a ballpark cost to determine whether a proposed project warrants further study. This estimate is not to be used for budget authority. Quantities and costs are estimated using readily available information and experience with similar projects. Site conditions and changes in project scope and design may result in significant cost variance.
Monday, April 12, 2021 Page 1 of 1
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 'vlaLeu la' PUIU Force Account Estimate
Beaumont
Estimate Number: 132346 Version: 1
Standard Rates:
Location: YUMA SUB,
Description of Work:
Prepared For: Beaumont
Buy America: Yes
COMMENTS
ENGINEERING
Labor Additive = 222.97%
Sub
UCST LABOR MATERIAL TOTAL UP %0
Agcy %100
25,129
Estimate Good Until 01/10/23
NO 1, 563.05-563.09
760688Y Pennsylvania Ave Beaumont CA 563.07 Yuma
FACILITY Description QTY UOM
Engineering
1 LS
25,129.00
25,129
0 25,129
0 Bill Prep Fee - Track Surface RECOLLECT
1 LS
900.00
0 900
900
0 900
900
Homeline Freight - Track Surface RECOLLECT
1 LS
900.00
0 900
900
0 Foreign Line Freight - Track Surface RECOLLECT
1 LS
1,542.92
0 1,543
1,543
0 1,543
Sub -Total = 25,129 3,343 28,472
TRACK CONSTRUCTION - COMPANY
0 28,472
11,450
Mobilization: Company
1 DA
11,450.00
11,450
0 11,450
0 RDXING
RDXING 136# CONC W/SL3 10' CTIES
80 TF
629.79
28,937
21,446
50,383
0 50,383
TRACK
136# CWRISO 24-8'6" PPHWD N 16 TP
160
TF
575.02
64,882
27,120
92,002
0 92,002
13,639
COMPJT
Transition Rail - 136#
2 PR
6,819.49
6,764
6,875
13,639
0 Sub -Total = 112,034 55,441 167,474
TRACK REMOVAL - COMPANY
0 167,474
RDXING
Remove road crossing - concrete
80 TF
87.34 6,988
0 6,988
0 6,988
5,226
TRACK
Remove Track
160
TF
32.66 5,226
0 5,226
0 Sub -Total = 12,214 0 12,214
SITE WORK - CONTRACT
0 12,214
Traffic Control - Detour Signs & Coordination
1 LS
10,000.00
0 10,000
10,000
0 10,000
2,500
Asphalt: Saw Cut
1 LS
2,500.00
0 2,500
2,500
0 Sub -Total = 0 12,500 12,500
EQUIPMENT RENTAL
0 12,500
Equipment Rental L LS 2,500.00 L 0 10,000 10,000
0 10,000
10,000
230,660
Total Wgt. in Tons = 895
Est. Annual Mtc. Cost =
Please Note: The above figures are estimates
increase or decrease in the cost or amount
costs at the current rates effective thereof.
Sub -Total = 0
Totals = 149,376
Grand Total =
In the event of an
will pay actual construction
10,000 10,000
81,284 230,660
0 0
$3,020
$230,660
only and are subject to fluctuation.
of material or labor required, Beaumont
Monday, January 10, 2022 Page 1 of 1
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
EXHIBIT D
TO
PUBLIC HIGHWAY AT -GRADE CROSSING AGREEMENT
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and , a corporation
("Contractor").
RECITALS:
Contractor has been hired by to
perform work relating to (the "Work")
with all or a portion of such Work to be performed on property of Railroad in the vicinity of Railroad's Milepost on Railroad's [Subdivision or Branch] [at or near DOT No. located at or near , in County, State of
as such location is in the general location shown on the print marked Exhibit A, attached hereto and hereby made a part hereof, which Work is the subject of a contract dated between Railroad and
Railroad is willing to permit Contractor to perform the Work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows:
ARTICLE 1 - DEFINITION OF CONTRACTOR.
For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence.
ARTICLE 2 - RIGHT GRANTED; PURPOSE.
Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the Work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4.
ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B and C.
The terms and conditions contained in Exhibit B and Exhibit C, attached hereto, are hereby made a part of this agreement.
1
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE.
A. Contractor shall bear any and all costs and expenses associated with any Work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement.
B. Contractor shall coordinate all of its Work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"):
C. Contractor, at its own expense, shall adequately police and supervise all Work to be performed by Contractor and shall ensure that such Work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's Work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the Work, or by Railroad's collaboration in performance of any Work, or by the presence at the Work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative.
ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS.
The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of Work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all Work on Railroad's property.
ARTICLE 6 - TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until , unless sooner terminated as herein provided, or at such time as Contractor has completed its Work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its Work on Railroad's property.
B. This agreement may be terminated by either party on ten (10) days written notice to the other party.
ARTICLE 7 - CERTIFICATE OF INSURANCE.
A. Before commencing any Work and throughout the entire term of this Agreement, Contractor, at its expense, shall procure and maintain in full force and effect the types and minimum limits of insurance specified in Exhibit C of this agreement and require each of its subcontractors to include the insurance endorsements as required under Section 12 of Exhibit B of this agreement.
B. Not more frequently than once every two (2) years, Railroad may reasonably modify the required insurance coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the insurance industry.
C. Upon request of Railroad, Contractor shall provide to Railroad a certificate issued by its insurance 2
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
carrier evidencing the insurance coverage required under Exhibit B.
D. Contractor understands and accepts that the terms of this Article are wholly separate from and independent of the terms of any indemnity provisions contained in this Agreement.
E. Upon request of Railroad, insurance correspondence, binders, policies, certificates and endorsements shall be sent to:
Union Pacific Railroad Company
1400 Douglas Street, Stop 1690
Omaha, NE 68179
Attn: Manager
Project No. 0705327
ARTICLE 8 - PRECONSTRUCTION MEETING.
If the Work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE.
At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the Work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property.
ARTICLE 10. ADMINISTRATIVE FEE.
Upon the execution and delivery of this agreement, Contractor shall pay to Railroad One Thousand Twenty Five Dollars ($1,025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement.
ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES.
A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad.
B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor's modifications, negligence, or any other reason arising from the Contractor's presence on the Railroad's property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance.
3
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Contractor's Right of Entry Public Projects
Form Approved 06/01/2021
ARTICLE 12.- EXPLOSIVES.
Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad.
IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
By:
Title:
(Name of Contractor)
By:
Name:
Title:
Phone:
E -Mail:
4
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36
EXHIBIT A
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Exhibit A will be a print showing the general location of the work site.
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 IIIIITICIIIIIIIIIIINIM.- -Illiiiirillillkir4
T
EXISTING CROSSING AREA = 9,150 SF ±
NEW CROSSING AREA = 5,730 SF ± -1
TOTAL CROSSING AREA 14,880 = SF ±_
LEEEND I
EXISTING CROSSING AREA
NEW CROSSING AREA
SIDEWALK AREA
MEDIAN
UPRRCO. R/W OUTLINED
ir
O753O37. DON
0753037_CA3101.TIF
NOTE: BEFORE YOU BEGIN ANY WORK. SEE
AGREEMENT FOR FIBER OPTIC PROVISIONS.
EXHIBIT "A"
-10
"lr it 4
UNION PACIFIC RAILROAD COMPANY
BEAUMONT. RIVERSIDE COUNTY. CA
M.P. 563.07 - YUMA SUB.
MAP SP CA V-3 / 1
SCALE: 1" = 100'
OFFICE OF REAL ESTATE
OMAHA. NEBRASKA DATE: 3/11/2022
RRM FILE: 07530-37
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36
EXHIBIT B
TO
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track.
B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30) -day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures.
C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor -in -charge ("CIC")) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad's sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad's prior approval in writing for each of the following items, as determined in all respects in Railroad's sole and absolute discretion: (i) the identity of the third -party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad's sole and absolute discretion.
D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing.
E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement.
F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the Work is performed. One and one-half times the current hourly rate is 1
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight -hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five-day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages.
B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative.
Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least twenty- five (25) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the Work to be performed by Contractor caused by such railroad operations and Work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any Work to be performed by Contractor. 2
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provide materials for the Work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such Work performed.
Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such Work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24 -hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable.
Contractor shall not commence any Work until all such protection or relocation (if applicable) has been accomplished.
B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR
SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS,
LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES,
COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2)
ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY
TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST
RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE
OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY
USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY.
Section 6. PERMITS - COMPLIANCE WITH LAWS.
In the prosecution of the Work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the Work including, without limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any Work on Railroad property performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the Work.
Contractor shall, at a minimum, comply with Railroad's then current safety standards located at the below web address ("Railroad's Safety Standards") to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor 3
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 determines that any of Railroad's Safety Standards are contrary to good safety practices. Contractor shall furnish copies of Railroad's Safety Standards to each of its employees before they enter Railroad property. http://www.up.com/cs/groups/public/(a� uprr/(a�suppliers/documents/up pdf nativedocs/pdf up supplier safety rec .pdf
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any Work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the Work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan.
Section 8. INDEMNITY.
A. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CONTRACTOR SHALL
INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN "INDEMNIFIED PARTY" OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY,
CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S,
CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY,
CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT
OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY
ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR.
B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON
OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY
NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS
CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY.
C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES.
CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8.
CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO.
D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY 4
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36
WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY
TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY.
E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO
LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the Work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the Work, restoring Railroad's property to the same state and condition as when Contractor entered thereon.
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default.
Section 11. MODIFICATION - ENTIRE AGREEMENT.
No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the Work to be performed by Contractor.
Section 12. ASSIGNMENT - SUBCONTRACTING.
Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any Work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured" on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of Work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.
5
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36
EXHIBIT C
TO
CONTRACTOR'S
RIGHT OF ENTRY AGREEMENT
Union Pacific Railroad Company
Insurance Requirements For
Contractor's Right of Entry Agreement
During the entire term of this Agreement and course of the Project, and until all Project Work on Railroad's property has been completed and all equipment and materials have been removed from Railroad's property and Railroad's property has been clean and restored to Railroad's satisfaction, Contractor shall, at its sole cost and expense, procure and maintain the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. • Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non -owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the Work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee.
If Contractor is self -insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence 1
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED
TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD.
E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy.
F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the Work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.
If the scope of Work as defined in this agreement includes the disposal of any hazardous or non- hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000.
Other Requirements
G. All policy(ies) required above (except business automobile, worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC
RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed.
Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance.
J. Prior to commencing the Work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement.
2
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Work is being performed.
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. 3
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36 Public Highway At -Grade Crossing 03/01/13
Standard Form Approved, AVP-Law
EXHIBIT E
TO
PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT
Exhibit E will be the annual signal maintenance fee.
DocuSign Envelope ID: B33A21A0-920D-4AC4-A158-C6E65AE26A36
AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS
ESTIMATED MAINTENANCE COSTS
BUILDING AMERICA®
FOR PID # 106844
BY THE UNION PACIFIC RAILROAD
OAD
STREET
TOWN
MILEPOST
SUBDIVISION
AAR/DOT NO.
WORK ORDER#
DESCRIPTION
NON -CODED TRK. CIRCUIT
(Standalone AFTAC or Ring 10)
PENNSYLVANIA AVENUE
BEAUMONT, CA
563.07
YUMA
760688Y
58372
SUPERIMPOSED CIRCUIT(AFTAC) /
DETECTION LOOP
VALUE QUANTITY UNITS
2 0 0
2 0 0
HIGHWAY GRADE CROSSING SIGNAL 2 4 8
(FRONT LIGHTS)
ADDITIONAL PAIR OF LIGHTS 1 4 4
GATE MECHANISM, AUTOMATIC 8 4 32
WITH ARM UP TO 26 FT
(OTHER THAN FRONT LIGHTS)
GATE MECHANISM, AUTOMATIC 10 0 0
WITH ARM OVER 26 FT
GCP/HXP (constant warning device, per track circuit) 15 4 60 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0 0
MOVEMENT DETECTOR (PMD) 6 0 0
MOVEMENT DETECTOR (STANDBY UNIT) 3 0 0
RADIO DATA LINK, PER UNIT 1 0 0
PREEMPTION CIRCUIT 2 0 0
DATA RECORDER 1 0 0
REMOTE MONITORING DEVICE (SEAR, ETC)* 2 1 2
BONDED RAIL JOINTS (per mile, each rail, single bonded) 1 0 0 BATTERY AND CHARGER (per set) 1 3 3
TOTAL UNIT COUNT
PAVEMENT RESTORATION COSTS
Annual Maintenance Cost at $170/Unit
109
(Actual)
$18,530
*UP supplied Unit Value
April 12, 2021
DocuSign
Certificate Of Completion
Envelope Id:B33A21A0920D4AC4A158C6E65AE26A36
Status: Completed
Subject: Complete with DocuSign: 0705327 Public Highway At Grade Crossing (Pennsylvania Ave) DOT 760688Y...
Source Envelope:
Document Pages: 39 Signatures: 1
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
Envelopeld Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
Envelope Originator:
Karina Kiewel
1400 Douglas St MS910
Omaha, NE 68179
[email protected]
IP Address: 198.47.134.1
Record Tracking
Status: Original
10/5/2022 10:14:15 AM
Holder: Karina Kiewel
[email protected]
Location: DocuSign
Signer Events Signature
Timestamp
David LaPlante
[email protected]
Sr. Mgr. Real Estate
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 8/8/2022 10:50:54 AM
ID: 8fec0d85-b02f-4e48-a218-9917d34749ef
Daniel A. Leis
[email protected]
Gen Dir Real Estate Contracts
Union Pacific
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/21/2022 8:38:49 AM
ID: dc9ca9b9-9ff5-4feb-b6f4-2d7f4f87c669
Completed
Using IP Address: 45.54.164.196
,-DocuSigned by
Vcwutk Q. (kis
'-9D599D152E5B4CC...
Signature Adoption: Pre -selected Style
Using IP Address: 45.54.251.213
Sent: 10/5/2022 10:17:43 AM
Viewed: 10/13/2022 1:54:36 PM
Signed: 10/13/2022 1:57:38 PM
Sent: 10/13/2022 1:57:40 PM
Viewed: 10/13/2022 4:24:04 PM
Signed: 10/13/2022 4:24:49 PM
In Person Signer Events Signature
Timestamp
Editor Delivery Events Status
Timestamp
Agent Delivery Events Status
Timestamp
Intermediary Delivery Events Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Casey Moore
[email protected]
Manager - Real Estate, Public Projects
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 9/3/2021 5:09:13 AM
ID: 48101 a02 -4544-4b 19-b9be-c8efde31 d761
COPIED
Sent: 10/5/2022 10:17:42 AM
Viewed: 10/5/2022 11:52:24 AM
Witness Events Signature
Timestamp
Notary Events Signature
Timestamp
Envelope Summary Events Status
Envelope Sent Hashed/Encrypted
Certified Delivered Security Checked
Signing Complete Security Checked
Completed Security Checked
Payment Events Status
Electronic Record and Signature Disclosure
Timestamps
10/5/2022 10:17:42 AM
10/13/2022 4:24:04 PM
10/13/2022 4:24:49 PM
10/13/2022 4:24:49 PM
Timestamps
Electronic Record and Signature Disclosure created on: 10/10/2019 1:19:52 PM Parties agreed to: David LaPlante, Daniel A. Leis, Casey Moore
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Union Pacific Corporation (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check -box next to 'I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system.
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BEAUMONT
-C A L I F O R N I A
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE August 19, 2025
SUBJECT: NV5 On -call Task Order
Description: Authorize the issuance of a purchase order to NV5 (Consultant) in the amount of $201,577 for construction inspection services pertaining to CIP R25-01 Citywide Street Rehabilitation and Maintenance (Project).
Background and Analysis:
On July 22, 2025, the City Council awarded a Public Works Agreement (PWA) to Vance Corporation for the construction of the Project. This action was taken during a Special Meeting, wherein City staff also presented the intention to engage NV5 for construction management and inspection services. The services would be provided under NV5's existing on -call construction management contract, which is included as Attachment A.
NV5 submitted a quote outlining their scope of work and associated costs to support the Project. To ensure competitive and equitable consideration, the City simultaneously solicited proposals from three additional qualified firms offering similar services.
Following a comprehensive evaluation of all submissions, NV5's proposal was determined to be comparable in scope and cost and aligns effectively with the project's requirements and budget. The proposal includes the provision of full-time pavement inspection, materials testing, and project documentation. Refer to NV5's quote in Attachment B for reference.
Fiscal Impact:
The cost to prepare this staff report is estimated to be $350.
Funding for this Project is provided by CIP R-25-01 Annual Citywide Street Rehabilitation and Maintenance (Project). The existing on -call agreement with NV5 has an annual maximum limit of $700,000 for FY 25/26.
The following is a summary of the funding and budget for CIP R-25-01 Citywide Street Rehabilitation and Maintenance (Project):
CIP R25-01 Citywide Streets Project FY25 Project Funding Summary Estimated Project Cost= $4,609,166
CIP R25-01 Citywide Streets Project FY25 Project Budget Summary Project
Com•onent
Budget Encumbered Paid to Date Remaining
Budget
Project Management
Pr
eliminary Services
I vironmental
Design
Right -of -Way
Construction
$4,407,589 di $(3,309,71.Mr $1,097,878
Construction Management
$201,577 $(201,577)
Equipment
Total
$4,609,166
$(3,511,288)
$-
$1,097,878,
Recommended Action:
Authorize the issuance of a purchase order to NV5 in the amount of $201,577, under the existing on -call construction management contract (C24-164) for the service of Construction Inspection services; and,
Approve the contingency of $20,157 for a total not to exceed of $221,734 and authorize the City Manager to sign off on any preceding amendments or purchase change orders within the authorized contingency amount.
Attachments:
A. Professional Services Agreement — NV5
B. Proposal — NV5
City of Beaumont
C24-164
AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 21St day of January 2025, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and NV5, Inc. a California Corporation ("CONTRACTOR"), whose address is 42829 Cook Street, Suite 104, Palm Desert, CA 92211.
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 Staff Augmentation and Project Management Services.
B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and,
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after three (3) 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: Proposal per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Tamara O'Neal as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
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4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Cost 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 the following:
a. Funding Year 24/25: Three hundred and fifty thousand dollars ($350,000.00)
b. Funding year 25/26: Seven hundred thousand Dollars ($700,000) c. Funding Year 26/27: Seven Hundred Thousand Dollars ($700,000)
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 (15a`) 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 CONTRACTOR shall receive payment by the CITY for the services provided specified in Exhibit "A".
a. CONTRACTOR shall submit all invoices to the City of Beaumont's Accounts Payable at the email address listed below.
b. CONTRACTOR will send the original invoices to:
City of Beaumont
Attn: Finance Department -Accounts Payable
apabeaumontca.gov
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c. Each invoice shall contain a minimum of the following information:
invoice number and date; PO number (once issued by the CITY), remittance address; bill -to and ship -to addresses of ordering department/division; Agreement number (24-164), quantities; item descriptions, unit prices, extensions, sales/use tax if applicable, an invoice total, and any other information requested by the CITY.
4.05 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Oblintions 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 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.
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5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR's employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR's employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers' Compensation coverage for any of CONTRACTOR'S employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this 4
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Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required _ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY' s protection without CITY' s prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
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8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.
Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.
CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.
CONTRACTOR's obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR's agents and/or employees) is alleged to be an employee of CITY.
All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.
The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed 6
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CONTRACTOR'S proportionate percentage of fault.
9. Additional Services, Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY' s City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this 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 7
City of Beaumont
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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 A11 draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY' s sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest 8
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C24-164
Statements with CITY if required by California law and/or the CITY' s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect. 9
City of Beaumont
C24-164
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY:
CITY OF BEA ONT
By:
Mike Lara
Date:
ATTEST:
By:
Nicole(L,'heelwright, Dep ity Clerk
Date:
I/4zoLs
APPROVED AS TO FORM:
By:
ate
John O. Pinkney, City Attorney
Date:
CONTRACTOR:
NV5 INC.
By:
PrintName:Jeffrey M. Cooper
Title: EVP/COO
Date: 01/16/2025
10
City of Beaumont
C24-164
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY:
CITY OF BEAUMONT
By:
Mike Lara, Mayor
Date:
ATTEST:
By:
Nicole Wheelwright, Deputy City Clerk
Date:
APPROVED AS TO FORM:
By:
Joh O. Pinkney, City A ome y
Date: )2.3 /?1_
CONTRACTOR:
NV5 INC.
By:
PrintNanie:Jeffrey M. Cooper
Title: EVP/COO
Date: 01/16/2025
10
City of Beaumont
C24-164
EXHIBIT "A"
REQUEST FOR PROPOSAL
(insert behind this page)
BEAUMONT
-C A L I F O R N I A-
Website:
www.beaumontca.gov
Address:
550 E. 6th Street
Beaumont, CA 92223
Phone:
951.769.8520
Request for Proposals
For
City Staff Augmentation and
Project Management Services
Proposals Due By:
3:00 pm
November 13, 2024
Contact:
Raveena Chara
Procurement & Contracts Specialist
[email protected] .
RFP Available
Planet Bids Portal at
https://vendors.planetbids.com/portaliu.,65/boibo-search 1
City of Beaumont
Request for Proposal
Introduction
-CALIFORNIA-
Staff Extension and
Project management Services
The CITY of Beaumont (CITY) is seeking proposals from qualified firms and individuals (Consultant) interested in providing Extension of Staff and Project Management Services for the city's Capital Improvement Program (CIP). All work, unless otherwise specified, shall be provided on an hourly basis, and completed to the satisfaction of the City within the time periods allocated, as mutually agreed to at the beginning of the assignment. Certain projects, if assigned, shall be performed pursuant to a "not -to -exceed" budget. For these projects, consultants shall prepare a detailed scope of work, a payment schedule, and a schedule of deliverables for review and approval by the City.
All services provided by the Consultant shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The successful Consultant shall also have the resources to provide cost-effective and timely services, including providing customer service to the CITY.
Qualified firms that submit a proposal will be evaluated in accordance with the requirements defined within this RFP. The City reserves the right to waive any irregularity in any proposal, withdraw or amend this RFP or reject any proposal that does not comply with this RFP or City policies.
City of Beaumont
The CITY of Beaumont was incorporated in November 1912. The CITY is located in the western portion of Riverside County and is bounded on the west by Calimesa and unincorporated areas, on the north by the unincorporated County areas (Cherry Valley), on the south by unincorporated County areas, and the CITY of San Jacinto, and on the east by the CITY of Banning. The land area within the CITY's boundaries is approximately 26 square miles.
The CITY interacts with other government agencies, including but not limited to the California Department of Transportation, the County of Riverside, RCTC, and the Santa Ana Regional Water Quality Control Board.
Background
The CITY is seeking qualified consultants to provide extension of City Staff and Project Management Services to support the City's Capital Improvement Program (CIP). Services will include assistance with all aspects of the CIP program, including management of planning and environmental consultants, review of planning and environmental documents, management design consultants, review of project designs, CAD work and drafting, preparation of bid plans and specifications, assistance with bidding and contract award process, construction management including management of contractors and construction service providers, and review of construction RFI's and submittals.
Scope of Services
The Scope of Services for Extension of City Staff and Project Management Services is attached as Exhibit A.
2
City of Beaumont
Request for Proposal
BEAUMONT
-CALIFORNIA-
Additional Responsibilities
Staff Extension and
Project management Services
The Consultant shall be responsible for completing the specified services in accordance with the CITY's Professional Services Agreement (PSA) by Independent Contractor, a sample of which is attached (Exhibit B).
Te•.,.
The term of the agreement shall be determined upon the need for services and consistent with the City's policies. The initial period of the contract is three (3) years, with two one-year extensions as approved by the City Council, subject to agreement terms and the Beaumont Municipal Code.
Proposal Requirements
Proposals shall clearly address all the information requested and describe the methodology to be used to accomplish each of the project tasks. Please note: this RFP cannot identify each specific, individual task required to successfully and completely implement this project. The CITY relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of services. The CITY will not approve addenda to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this RFP.
The proposal shall clearly address all the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below.
A. Cover Letter: Maximum of two pages serving as an Executive Summary which shall include an understanding of the scope of services. The RFP shall be transmitted with a cover letter that must be signed by an official authorized to bind the consultant contractually. That letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the consultant. The cover letter constitutes certification by the consultant, under penalty of perjury, that the consultant complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the consultant may be rejected.
B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished. Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating firms and proposed sub -consultants shall be identified and included in the proposal (all sub - consultants must be approved by CITY prior to signing the agreement with CITY).
C. Approach: The firm's approach to delivering the scope of services. Provide a description 3
City of Beaumont
Request for Proposal
-CALIFORNIA-
Staff Extension and
Project management Services
of the firm's approach to communicating effectively with CITY staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks.
D. Firm Profile: Provide a description of the firm, including number of professional personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc.
E. Location of the principal office that will be responsible for the implementation of this contract.
F. Resume of the Lead Consultant, and resumes of the engineer's that the lead consultant is proposing to use for the work
G. Key Personnel: Provide a summary description of the key personnel who will be involved in this project, their roles and responsibilities, and their experience in similar past projects. The proposal must name a project manager. In addition to this summary, full resumes should be provided.
H. Three to five references to include: name, address, contact person and phone number of the company, length of time services were provided, and a description of the services provided.
I. Scope of Services: Provide a description of the tasks, sub -tasks, and deliverables that will be provided. The Scope of Work Program should be presented in a logical format that can be easily attached to the Professional Services Agreement (PSA).
J. Cost proposal (including hourly rate) shall be submitted in a separate sealed envelope.
This should include a not -to -exceed fee amount and fee schedule for services and hourly billable costs.
K. Any other information that should be considered, such as any special services or customer service philosophy, which defines your firm's practice.
L. The firm will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker's compensation, and vehicle coverage including comprehensive and collision insurance naming the CITY of Beaumont as additional insured. The proposal shall state whether such insurances will be in force at the time of contract execution.
Submittal
One (1) color PDF proposal submitted in Planet Bids. In addition to the Planet Bids submittal, four (4) bound copies and one (1) cost proposal in a separate envelope (emails will not be accepted) of the proposal must be submitted no later than 3:00 pm, Wednesday, November 13, 2024. The cost proposal shall be submitted in a separate sealed envelope to the following location:
4
City of Beaumont
Request for Proposal
-CALIFORNIA-
Staff Extension and
Project management Services
Beaumont Civic Center
550 E. Sixth Street
Beaumont, CA 92223
Postmarks and faxes are not acceptable. The proposal must be titled "RFP for City Staff Extension and Project Management Services." Request for Clarifications (RFCs) or questions regarding this RFP shall be directed in writing to:
Raveena Chara
Procurement & Contracts Specialist
rchara(c beaumontca.go
No RFC or questions will be accepted after 11:00 a.m. on October 30, 2024. All RFC responses will be posted on the CITY's Planet Bids Portal by November 6, 2024.
No postmarked proposals will be accepted. Once submitted, proposals, including the composition of the consulting staff, cannot be altered without prior written consent of the CITY.
All costs associated with the preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum of 20 pages single-spaced (not including resumes or addenda), using a minimum 12 -point font size.
Event
Date
RFP Issued
October 16, 2024
Questions submitted on Planet Bids deadline
October 30, 2024 @ 11:00 a.m.
Answers to Questions on Planet Bids will be posted
November 6, 2024
Proposals Due
November 13, 2024 @ 3:00 p.m.
Interviews (if required)
December 2 — 6, 2024
Award Date (Tentatively)
January 7, 2024
Confidentiality
Prior to the proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After the proposal submittal deadline, all responses will be regarded as public records and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as non -effective and will be disregarded.
Amendments to Request for Proposals
5
City of Beaumont
Request for Proposal
BEAUMONT
-C A L I F O R N I A -
Staff Extension and
Project management Services
The CITY reserves the right to amend the RFP by addendum prior to the final proposal submittal date. The addenda will be posted on the CITY's Planet Bids Portal:
httbs://vendors. DIanetbids.com/aortal/66785/bo/bo-search City of Beaumont Rights and Options
This RFP does not commit the City of Beaumont to award a contract or to pay any cost incurred with the preparation of a proposal or contract for services described herein. The City may, in its sole discretion and without any obligation to act reasonably, reject any and all proposals, waive informalities and minor irregularities in any proposal reviewed, negotiate with any qualified source submitting a proposal, extend deadlines, and/or request additional information.
Subsequent to negotiations, prospective trustees may be required to submit revisions to their proposals. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into final contract.
The City reserves the right to postpone selection for its own convenience, to withdraw this RFP at any time, and to reject any and all proposals without indicating any reason for such rejection.
As a function of the RFP process, the City of Beaumont reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work.
Proposals submitted in response to the RFP will not be returned.
C:OfTIICT OT inreresT
The Consultant shall disclose any personal or professional financial, business, or other relationships with the CITY that may have an impact on the outcome of this contract or any resulting project. The consultant shall also list current clients who may have a financial interest in the outcome of this contract.
Proposal Evaluation/Selection
The CITY intends to engage the most qualified consultant available who demonstrates a thorough understanding of the CITY's needs. CITY staff will use the following criteria to evaluate the proposals:
Criteria
Points
Understanding of the Scope of Services
10 Demonstrated Professional Skills and Credentials
20 Related Experience and Previous Projects
20 Proposed Approach to Performing the Services
30 Ability and Available Resources to perform the required services 20 Total
100
6
City of Beaumont
Request for Proposal
BEAUMONT
-C A L I F O R N I A -
Staff Extension and
Project management Services
The CITY may request a qualification interview with the highest -ranked consultant(s) prior to determining the final ranking. This selection will be conducted according to the CITY's adopted procedures. The CITY may select the top two firms and enter into negotiation. The CITY reserves the right to reject any and all proposals.
Reference Information
Links to applicable design standards can be found on the CITY's website:
rittos:// www.beaumontca.qov/1236/Standardr
Exhibits
A. Scope of Services
B. Sample Professional Services Agreement (PSA)
END OF REQUEST FOR PROPOSAL
EXHIBITS TO FOLLOW
7
City of Beaumont
Request for Proposal
BEAUMONT
-CALIFORNIA-
EXHIBIT "A"
SCOPE OF SERVICES
(insert behind this page)
Staff Extension and
Project management Services
City of Beaumont
Request for Proposal
BEAUMONT
-C A L I F O R N I A -
EXHIBIT "B"
Staff Extension and
Project management Services
SAMPLE PROFESSIONAL SERVICES AGREEMENT (PSA)
(insert behind this page)
I
City of Beaumont
C24-164
EXHIBIT "B"
VENDORS PROPOSAL
(insert behind this page)
TABLE OF CONTENTS
A. Cover Letter
Table of Contents
03 B. Introduction/Information
04 C. Approach
05 D. Firm Profile
09 E. Principal Office Location
09 F. Resumes
G. Key Personnel
► Organizational Chart
► Summary of Skills
See Appendix I Al
10 10
11 H. References
13 I. Scope of Services
16 J. Cost Proposal
Separately Sealed Envelope
K. Additional Information
19 L. Insurance
19 Resumes
Al
Addendum Acknowledgment
A25
City of Beaumont I City Staff Augmentation and Project Management Services
NV5 I 2
A. COVER LETTER
P N :2820224-000147 5.00
November 13, 2024
City of Beaumont
Attn: Raveena Chara, Procurement & Contracts Specialist 550 E. Sixth Street
Beaumont, CA 92223
N
V
5 SUBJECT: City Staff Augmentation and Project Management Services Dear Ms. Chara,
The City of Beaumont (City) is a growing community dedicated to improving infrastructure and providing quality public services and amenities to enhance the quality of life for its citizens. NV5, Inc. (NV5) is excited to have the opportunity to provide City Staff Augmentation and Project Management Services to the City, bringing the technical knowledge and experience to deliver your projects in the most cost-efficient and cost-effective manner. NV5's strengths include the following:
Current Partnership: Our experience and strong existing relationship with the City gives us the ability to provide Staff Augmentation, Project Management, Construction Management and Project Design Services for your capital improvement projects. We have been providing On -Call Plan Checking, Inspection and Survey Services to the City since 2016 and operate with a working knowledge of your staff, processes and environment, enabling us to provide outstanding cost- and time -efficient services.
Relevant Experience: We have been providing experienced professionals for on -call project management and staff augmentation contracts for several years. Public agencies contract with our firm when it is not cost-effective to fill a full-time position, to relieve peak workload situations, or to fill vacant positions on an interim basis. We select, train, and retain highly qualified employees to supplement contracting cities' staffing requirements. Our professional staff has expertise in a wide range of disciplines and extensive experience in many areas, including project management, construction management, and design engineering. We are committed to providing superior, high-level services to our clients. We do so by maintaining a core of qualified staff possessing a wide range of skills that we match with our clients' needs.
Proposed Team: Understanding both the needs of the City and its Capital Improvement Program, NV5 has assembled a team of high-level professionals who will be made available to the City upon request, including Professional Engineers, Construction Managers, and Urban Planners. Our team will be led by Tamara O'Neal, PE, who has more than 28 years of experience providing municipal engineering services and is currently managing NV5's On -Call Plan Checking, Inspection, and Survey Services team with the City. In addition to having direct public agency employment experience, Ms. O'Neal has provided extension of staff services on a consultant basis for numerous cities, as well as water and sanitation districts in Riverside, San Diego, Orange and Los Angeles counties.
Addendum Acknowledgment: We have received Addendum No. 1 dated October 30, 2024, and Addendum No. 2 dated October 30, 2024.
Proposal Authorization and Validity: This proposal has been signed by Jeffrey M. Cooper, PE, a company officer authorized to bind the firm.
NV5 looks forward to the opportunity to continue to work with the City and help you achieve your goals and objectives. If you need further information, we may be reached by phone at (949) 585-0477, or electronically at [email protected] and [email protected]. Thank you for your time and consideration. - COMPANY INFORMATION/CONTACT
Authorized Signer Name: Jeffrey M. Cooper, PE
Authorized Signer Title: EVP, Chief Operating Officer
Address: 133 Technology Drive, Suite 200,
Irvine, CA 92618
Telephone Number: (949) 585-0477
Sincerely,
NV5
Tamara O'Neai, PE
Director of Municipal Services
Jefffey M.'Cooper, PE
EV , Chief Operating Officer
42829 Cook Street, Suite 104 I Palm Desert, CA 92211 I www.nv5.com I Office: 858.385.0500 I Fax: 858.385.0400 City of Beaumont I City Staff Augmentation and Project Management Services NV5 13 o fona
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B. INTRODUCTION/INFORMATION
Introduction and Project Understanding
NV5 understands that the City intends to award a consultant agreement to provide an extension of City staff and project management services for the City's Capital Improvement Program (CIP). Services will include assistance with all aspects of the CIP program, including management of planning and environmental consultants, review of planning and environmental documents, management design consultants, review of project designs, CAD work and drafting, preparation of bid plans and specifications, assistance with bidding and contract award process, construction management including management of contractors and construction service providers, and review of construction RFIs and submittals.
We have reviewed the City's RFP and CIP in its entirety and understand that anticipated projects under this contract may include the planning, design and construction management of: street and sidewalk improvements and rehabilitations; parks and facility improvements and rehabilitations; wastewater improvements and rehabilitations including sewer mains and lift stations; Caltrans intersections, overpasses, and ramps including bridges and overpasses; UPRR grade separations including bridges and underpasses; and other public infrastructure projects.
NV5 has the resources, experience, and technical knowledge to successfully deliver the City's CIP and maintenance projects. Our typical approach to providing staff augmentation/project management services has been included on
Accomplishing Objectives of Scope of Services
For decades, we have been dedicated to providing highly qualified and experienced professionals through staff augmentation contracts. Our team is well -versed in seamlessly integrating with municipal staff, effectively acting as an extension of an agency's workforce. We possess the resources to respond promptly to the City's needs and have the flexibility to scale our staffing in accordance with your workload and requirements.
Our proposed scope of services for this contract, detailed on Page 16, is designed to be adaptable and can be customized to further align with the City's specific needs. We are committed to delivering exceptional service and assuring that your staffing demands are met with efficiency and expertise.
Firm Information
Name of Firm Submitting Proposal: NV5, Inc.
Mailing Address: 42829 Cook Street, Suite 104 Cook Street, Suite 104, Palm Desert, CA 92211 Telephone No.: 858.385.0500
Name of Individual to Contact if further Information is Required: Tamara O'Neal, PE, Project Manager Current City Engineering/Project Management Contracts
We have a proven track record of successfully providing On -Call City Engineering/Project Management services to municipalities throughout Southern California, most of which have been repeat clients. Our team is currently providing services to dozens of agencies, including:
• City of Brawley
• City of Dana Point
• City of El Monte
• City of Imperial Beach
• City of Irvine
• City of La Habra Heights
• City of La Mesa
• City of Laguna Hills
• City of Laguna Woods
• City of National City
• City of Pomona
• City of San Bernardino
• City of San Juan Capistrano
• City of Santa Fe Springs
• City of Villa Park
City of Beaumont I City Staff Augmentation and Project Management Services rye oz , ui JUDO
NV5 14
C. APPROACH
— r
Project Understanding
We have based our project understanding on our
review of the Scope of Services included in the RFP
and our work on similar assignments for cities and
special districts throughout Southern California. It is our understanding the City is seeking a professional
engineering firm to provide an extension of City staff
and project management services for the City's Capital
Improvement Program (CIP).
NV5 can provide engineering and construction
project management, construction management and
engineering design work for capital projects and facility upgrades; ensure that capital project schedules,
cost and overall quality performance objectives are
met across a diverse range of capital improvement
projects; coordinate, manage, and monitor the progress
of assigned projects and programs at all stages of
development to ensure timely/efficient/cost-effective
completion of the capital projects; and perform related work as required.
NV5 can provide professional, comprehensive project
management services on a per project or task order
basis for all types of capital improvement projects.
Below is our general project approach that will be
modified and tailored to meet each project's needs.
Project Approach
NV5 can provide Staff Augmentation/Project
Management Services to help assure smooth
operations within the Public Works Department; assure
that capital project schedules, cost, and overall quality performance objectives are met across a range of
capital improvement projects; coordinate, manage and
monitor the progress of assigned projects and programs
at all stages of development to assure timely/efficient/ cost-effective completion of the capital projects; and
perform related engineering support work as required.
COMMUNICATION
Our Project Manager will be the point of contact for all project correspondence and communication between
the City, the contractor, the design team and other
project stakeholders. Our team will be in constant
communication with the City, making sure the City has
the most updated information on project status, as well as any on -site or any contractual issues.
STAYING CONNECTED
Our staff is equipped with the technology to work
efficiently and stay organized and connected with our
clients. NV5 utilizes Microsoft Teams to efficiently
collaborate; easily find, share and edit files in real
time; meet virtually; and streamline workflows all on
one single platform. NV5 has access to several virtual
meeting platforms in addition to Microsoft Teams,
including GoToMeeting and Zoom.
GENERAL APPROACH TO PR0JE-CTMANAGEMENT
All projects, regardless of size or complexity, will suffer if they are not managed properly. For this reason,
we place high priority on developing a strong project
organization and overall project management approach.
Even with our broad depth of resources and experience,
we recognize that people make projects successful.
Quick and responsive solutions, while being sensitive
to community issues, are the cornerstones of our
accomplishments and company traditions.
PROJECT DELIVERY STRATEGY
The basis of developing a project delivery strategy
is based on preparing a Project Management Plan
(PMP). The PMP is a living document that will provide
the organization and guidelines for project work and
will demonstrate that the team has the technical
capabilities to carry the project from inception to
completion. Listed below are elements that will be
included in the PMP.
• Roles and Responsibilities: This section requires
the illustration and discussion of the project's
organizational chart, job descriptions, reporting and
functional relationships, as well as resumes for all
key positions.
• Work Breakdown Structure (WBS): The WBS is
the structure by which all work is organized and
monitored. The WBS will be utilized for document
and project controls, and to track costs and budget.
• Risk and Contingency Management Plan
(RCMP): This plan establishes a risk register that
enables the visibility and tracking of known risks.
Additionally, the RCMP establishes the processes
through which risks are responded to, measured,
and controlled. A component of this plan will
describe the levels of contingency for each phase,
the reasoning for those levels, and how surpluses
or deficits in contingency will be handled.
• Quality Assurance/Quality Control (QA/QC)
Plan: This plan establishes quality procedures for
all deliverables and project management. These
procedures will be established for each phase
of the project to make sure that all deliverables
meet high quality standards, and will also include
City of Beaumont I City Staff Augmentation and Project Management Services NV5 15 60 f 30
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C. APPROACH
procedures to address deficiencies.
• Project Controls Plan (PCP): This plan will utilize
the WBS noted above to confirm that all project
work stays on schedule, and within the budget. The
PCP is a comprehensive approach to track project
deliverables and the associated budget.
TIMELY COMPLETION
AND SCHEDULE MANAGEMENT
Our approach to ensuring that all phases of the project are completed in a timely manner is to establish and
maintain an overall project schedule. All updates and
changes are documented for the City's review. We
also include project milestones and points of essential input by the City team. In all cases, the City is notified in advance of each milestone and scheduled review so
that it may prepare materials in an orderly manner.
Our ability to "drive" the project forward is our hallmark for success. We strongly believe that by aggressively and pro -actively managing the project and the performance
of project team members, we will produce positive
results and complete the project in a timely manner.
MANAGING PROJECT BUDGET
Utilizing budget control and reporting tools, we focus on accountability, documentation and record keeping, and
communicate often on key project issues with the City.
Project Managers apply budget control systems and
carefully monitor project budgets. Project Managers
closely track work quality of all members of the project team to ensure budgets are adhered to. Work and
budget plans are prepared before work is started
and are submitted to the City program manager for
approval. After those are secured, the Project Manager
monitors the team members to ensure the work is done
within the scope of services identified and the work
is being performed within the budget and schedule
approved by the City program manager. Specifically,
Project Managers monitor that milestones are met,
funding strategies are implemented, and that there is
regular invoicing for fund reimbursements. Anything not meeting the performance expectations is brought to the
immediate attention of the City.
QUALITY ASSURANCE/QUALITY CONTROL
During the design phase, we will perform extensive
constructability and value engineering reviews of the
design documents. We will identify the critical areas
of design and focus our reviews accordingly. These
areas include grading/drainage, asphalt and concrete
paving improvements, traffic signal modifications, ADA
accessibility, quality and specifications of hardscape
materials, site lighting, and irrigation systems. We will verify that all disciplines are coordinated and that there are no conflicts. This in turn will minimize the potential for any changes during construction.
During construction, we will coordinate all required
project inspections and reports. We will ensure that the various City inspectors are contacted by the Contractor according to City requirements and will attend/facilitate meetings and on -site inspections to ensure that all work is being constructed and approved according to the
contract documents and project schedule.
The oversight of the Contractor's Quality Assurance
and Quality Control programs is very important to the
success of any project. We will establish a protocol with the Contractor to ensure that the work that is performed on a day-to-day basis is in compliance. We also will
require that the Contractor submit a project -specific QA/ QC program that specifically outlines and addresses
the critical issues and areas that we identify during the design phase of the project. We also will require that
the Contractor designates an on -site team member as
QA/QC manager to be responsible for conducting walk-
throughs and to perform periodic checklists to ensure
that all work complies with the QA/QC manual. All
deficiencies will be documented and all remedial work
will be managed by NV5 and the necessary consultants.
PROGRESS REPORTING
We will create financial reports and project status
reports to monitor the overall program delivery. Through these reports, we will develop a project control system with "checks and balances" to accomplish the following:
• Provide accurate, up-to-date information on project
budgets, status of work, emerging project issues
• Provide up-to-date financial expenditures to assist
the City regarding the burn rate on the project
among various programmed phases, as well as the
type of revenues being expended
• Implementation of the "checks and balances"
monitoring of budgets. By creating reports, the
"checks and balances" is achieved in several ways:
o The project manager will verify accuracy of budget
expenditures and make any needed corrections
immediately
o The City can review to double-check eligible
expenditures are in line with approved budgets
o The public works director can quickly examine the
status and funding of the project
City of Beaumont I City Staff Augmentation and Project Management Services age 5O I of JUDO
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C. APPROACH
■-
■ ■
•
DESIGN MANAGEMENT
Our team focuses on three elements to ensure the
timely and successful completion of the project design.
These are:
• Prevention of Scope Creep: We will work closely
with the City and design team to ensure a
disciplined effort that keeps the original project
goals and objectives in clear focus.
• Establishment and maintenance of a design
schedule: We will ensure that critical review
and completion milestones are met. Should the
schedule slip, we will work closely with the design
team to formulate a recovery plan.
• Extensive reviews of the plans and specifications:
We will assure that all disciplines are coordinated
and that there are no conflicts. This will minimize
the potential for any change orders.
COST ESTIMATING
The basis for reliable cost estimates will be the
development and updating of standard project
bid items, refinement of the existing Caltrans cost
estimating guidelines and to identify the big -ticket items that generally control project costs. Typically 10-15
items (sometimes less) drive project construction costs.
We excel at early identification and analysis of those key construction items, and, as a result, our initial estimates generally prove accurate.
NV5 maintains an extensive database of unit prices
for public works construction items. This database is
regularly updated to formulate accurate cost estimates
SCHEDULE CONTROL
The key to effective schedule control is to regularly
measure actual progress and compare it to planned
progress and to take any corrective action immediately.
We propose to supplement each major task as identified
in the master project schedule with a supplemental
schedule to keep careful track of where each individual component stands. We identify problems that may
result from delays and readily provide the opportunity to modify the schedule, as required. This process ensures
the completion of your projects on schedule.
COST CONTROL AND REPORTING
Cost control is a key element to successfully delivering a project and must be thoroughly integrated with other
control methods (scope change control, schedule
control and quality control) to assure that the City
receives full value for all funds earmarked for the
project. Key elements of our cost control program
include establishment and maintenance of a budget;
value engineering and constructability reviews of
plans and specifications; sufficient vetting of owner - requested or contractor -generated changes; thorough
review and evaluation of change order cost proposals;
close monitoring of force account work; and regular
maintenance of a change order log. NV5 provides a
monthly report that includes work accomplished during
the reporting period, work to be completed during the
next reporting period, budget and schedule status, and
a summary of issues and concerns pending resolution.
FAMILIARITY WITH STATE
AND FEDERAL PROCEDURES
We understand the development of Federal- and State -
funded projects requires more than the preparation of
design reports and PS&E. More and more, engineers
are required to navigate their projects through the
complex federal aid process involving pre -award audits, authorizations, and timely use of fund provisions. Our
experience with the regulatory agencies controlling
these funding sources has afforded us the opportunity
to support our clients through the process of developing the day-to-day procedures required to secure
authorization and reimbursement for federally funded
projects. This participation has put us in a position to offer our clients an unparalleled level of understanding of the process required to comply with Federal and State requirements. Our work with local, state and federal
agencies keeps us in the forefront of current updates to policies and procedures.
GENERAL APPROACH
TO CONSTRUCTION MANAGEMENT
Our approach to construction support services is
centered on our established policy of consistent and
effective employee oversight. The Project Manager will
closely monitor projects to verify that our construction managers and inspectors are performing within
the guidelines of our established management and
inspection procedures, which are patterned after the
Caltrans Construction Manual. NV5 takes this a step
further by formulating and implementing a proactive
public relations program and a concerted effort to
identify previously unforeseen potential claims.
SCHEDULE CONTROL
Our construction support services team gives
considerable attention to monitoring project schedules.
We will coordinate, review and make recommendations
•
City of Beaumont I City Staff Augmentation and Project Management Services '-
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C. APPROACH
I •
for changes to the Critical Path Method (CPM)
schedule generated by the contractor. As changes or
discrepancies occur between the CPM schedule and as -
built conditions, the project schedule and cost estimates will be updated. We will review the contractor's schedule on a weekly basis and will maintain an as-built/working schedule to reflect as -built conditions to date.
COST CONTROL AND REPORTING
Cost control is a key element to successfully delivering a project and must be thoroughly integrated with other
control methods (scope change control, schedule
control and quality control) to assure that the City
receives full value for all funds earmarked for the
project. Key elements of our cost control program
include establishment and maintenance of a budget;
value engineering and constructability reviews of
plans and specifications; sufficient vetting of owner - requested or contractor -generated changes; thorough
review and evaluation of change order cost proposals;
close monitoring of force account work; and regular
maintenance of a change order log. NV5 provides a
monthly report that includes work accomplished during
the reporting period, work to be completed during the
next reporting period, budget and schedule status, and
a summary of issues and concerns pending resolution.
QUALITY ASSURANCE AND QUALITY CONTROL
To assure compliance with the plans and specifications, we will implement a comprehensive quality assurance
and quality control (QA/QC) program involving the
following steps:
• We will perform a thorough review of the contract
documents. This responsibility will include the
following tasks:
o Checking plans and specifications against
requirements that have been associated with
issues that occurred on similar jobs.
o Comparing existing elevations, grades and
details, etc., shown on plans with those at the
actual site.
o Reporting all errors, omissions and deficiencies,
etc., to the City and engineering design team.
o Keeping a marked -up set of plans and
specifications for quick reference.
o Anticipating the Contractor's operations by
reviewing the plans and specifications for each
one before it begins.
• Before start of construction, we will discuss with
the Contractor the definable features of work to
assure that documentation is complete, materials
are on hand and those who are to perform the work
understand the scope in its entirety.
• At the onset of the work, we will perform an initial
inspection to determine whether the Contractor
thoroughly understands and is capable of
accomplishing the work as specified.
• We will assure that the Contractor has an
established safety program and that regular safety
meetings are conducted. We will also assure that
the Contractor meets all OSHA safety requirements.
• The construction inspector will perform follow-up
inspections on a daily basis for the purpose of
assuring that the controls established during the
initial inspection continue to provide work that
conforms to the contract requirements and all
applicable standards. Unsatisfactory workmanship,
materials and construction deficiencies will be
documented and reported for future identification
and traceability. Notices of non-compliance
will be issued to the Contractor and corrective
and preventive action will be taken to assure
compliance with the contract documents.
• We will conduct a monthly review of the as -built
drawings and assure that all items are considered
in the changes of the record drawings, including:
o The size, type and location of existing and new
utility lines
o The layout and schematic drawings of electrical
circuits and piping
o Verification of alignment and cross sections
o Changes in the location of equipment, etc.
• Finally, we will review and approve the as -built
drawings to complete the project turnover and
begin the warranty period.
BEST MANAGEMENT PRACTICES
Our construction support services team is well -
versed in National Pollutant Discharge Elimination
System (NPDES) requirements and experienced in
implementing best management practices. We will
monitor the implementation, maintenance and any
required modification of the approved Stormwater
Pollution Prevention Plan (SWPPP) and Water Quality
Management Plan (WQMP). In the event that the project
specifications for developing the SWPPP or WQMP are
inadequate and cannot support the project needs or
meet current NPDES requirements, we will work closely
with the design consultants to incorporate the required provisions into the project specifications to meet these goals. In addition, our team includes Qualified SWPPP
Developers and Qualified SWPPP Practitioners.
City of Beaumont I City Staff Augmentation and Project Management Servic- fl
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D. FIRM PROFILE + E. PRINCIPAL OFFICE LOCATION
Firm Profile
NV5, Inc. has been providing engineering and consulting services to public and private sectors for more than 70 years, delivering solutions through six business verticals: Testing, Inspection and Consulting; Infrastructure; Utility Services; Environmental Health Sciences; Buildings and Program Management; and Geospatial Technology. With more than 100 offices nationwide and abroad — including more than 20 offices in California — NV5 has access to over 4,000 employees (over 500 of which are located in Southern California) in a variety of fields who help clients plan, design, build, test, certify and operate projects that improve the communities where we live and work.
Our Southern California offices specialize in the project management, engineering design, construction management and inspection of capital improvement projects, including: streets, bridges, traffic systems, water and wastewater systems, drainage and flood control, parks and recreational facilities, vertical construction, and landscaping and grading. Our team includes licensed engineers in a variety of disciplines, licensed contractors, construction managers, certified inspectors and experienced public works professionals. All team members have extensive experience working within the structure of municipal government and public construction policy and will seamlessly integrate with the City's team.
Key Services
The successful delivery of our products and services has resulted in repeat clients for a broad range of municipal projects. Our key services include:
PROJECT
MANAGEMENT
WATER +
WASTEWATER
ENGINEERING
We maintain an extensive history of working with various local agencies. Throughout the course of completing myriad public works capital improvement projects, our team has demonstrated an unparalleled ability to work well with local agency staff, project stakeholders, engineers and contractors. We have successfully delivered projects in a timely and cost-effective manner, and we have acquired a keen understanding of local agency requirements, a critical element in the facilitation and resolution of project issues. We are excited about the opportunity to continue to serve the City and are committed to maintaining effective working relationships with your staff, relevant government agencies and project stakeholders.
CIVIL
ENGINEERING
DESIGN
PLAN CHECK
SERVICES
CONSTRUCTABILITY
REVIEW
Principal Office Location
Although a majority of the work for this contract will be performed out of our San Diego and Irvine offices, we also have established offices in the cities of Riverside and Palm Desert — a short drive to the City. Our team members have the ability to co -locate at our Palm Desert and Riverside offices while allowing for direct access to City projects.
CONSTRUCTION
MANAGEMENT
+ INSPECTION
LAND SURVEY
+ GIS
GEOTECHNICAL
ENGINEERING
STAFF
AUGMENTATION
TRAFFIC
ENGINEERING
City of Beaumont I City Staff Au:mentation and Project Management Services 64 of rage o JUDO
G. KEY PERSONNEL
Organization Chart
Our team of experts bring direct, relevant, successful and current experience working on projects of similar scope and complexity. We are equipped with the resources to provide the City with the requested City Staff Augmentation and Project Management Services. Shown below are team roles and responsibilities. Please see resumes in the Appendix for relevant project experience.
PRINCIPAL -IN -CHARGE
Jeffrey Cooper, PE
BEAUMONT
CateNua
LEAD
PROJECT MANAGER
Tamara O'Neal, PE
4 Ms. O'Neal has
been overseeing
NV5's Plan Check
contract with the
City since 2016
PROJECT/PROGRAM
MANAGERS
Andrea Thomas, PE
Arsanious Hanna, PE, CBO,
QSD
Gerald Tom, PE, TE
Hamid Torkamanha, PE
Azam Azimi, Ph.D., PE
Matthew Moore, PE, ENV SP,
QSD/P, TOR
Jennifer Peterson, PE, CFM,
QSD/P, CPESC, LEED AP
CONSTRUCTION
MANAGERS
Jim Daly, PE
Luanne Bean, PE
Peter Salgado, PE
Antonio Zori, CCM
India Woodruff
PROJECT
ENGINEERS
Art Biscocho
Steve Novak
Padma Asam, PE, QSD/P,
ENV SP, LEED AP
Michael Rocco
Thomas Grace, EIT
Sarah Seitz, EIT
DRAFTING
TECHNICIANS
Rafael Gutierrez
Thomas Grace, EIT
Michael Rocco
ARCMAP + GIS
DESIGN SUPPORT
Amy Storey, LEED AP
URBAN PLANNERS
Tam Dan Vo
Calvin Hara
City of Beaumont I City Staff Augmentation and Project Management Services 6 age 5 5 0f 30
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G. KEY PERSONNEL
Summary of Skills
KEY PERSONNEL/ROLE
KEY PERSONNEL QUALIFICATIONS _
Tamara O'Neal, PE
Lead Project Manager
Ms. O'Neal has more than 27 years of experience in capital improvement and development review project management, sewer rehabilitation design and planning, stormwater quality regulatory, reporting and review services, asset management, floodplain development services and environmental restoration services. She will be the City's main point of contact and will manage day-to-day operations.
Andrea Thomas, PE
Project/Program Manager
Ms. Thomas has over 23 years of experience in the civil engineering field, including project management, construction management, payroll/project accounting, and labor and contract compliance.
Arsanious Hanna, PE,
CBO, QSD
Project/Program Manager
Mr. Hanna has more than 30 years of experience in public works and city engineering, including design, plan check, building and safety, project management, construction management and personnel/department management.
Gerald Tom, PE, TE
Project/Program Manager
Mr. Tom has 35 years of experience in design, technical specifications preparation, construction management, and project management. He has extensive experience in project management from the planning and design phases and has held various positions at cities, for which he has managed capital improvement programs.
Hamid Torkamanha, PE
Project/Program Manager
Mr. Torkamanha has more than 35 years of experience providing project design, project management, construction management and observations of various public works and land development projects. He is experienced in providing program management and coordination with various agencies.
Azam Azimi, Ph.D., PE
Project/Program Manager
Mr. Azimi has 25 -plus years of engineering experience including planning, design, construction management and field inspection of buildings and other infrastructure including bridges, culverts, retaining walls, highways, toll roads, transit, water and wastewater, and airports.
Matthew Moore, PE, ENV
SP, QSD/P, TOR
Project/Program Manager
Mr. Moore brings more than 28 years of experience in water resources, including hydrologic and hydraulic engineering design for flood control, drainage, green infrastructure, water quality, and erosion control facilities.
Jennifer Peterson, PE,
CFM, QSD/P, CPESC,
LEED AP
Project/Program Manager
Ms. Peterson is an engineering manager with 27 years of focused experience working in the water resources field and managing stormwater projects —from the planning stages all the way through design and construction. She has managed stormwater programs for various agencies throughout the state.
Jim Daly, PE
Construction Manager
Mr. Daly has more than 37 years of experience managing both horizontal and vertical capital improvement projects. As Assistant Deputy Director (Road Maintenance) for the County of Los Angeles, Mr. Daly managed approximately 500 employees responsible for the maintenance and repair of roadways, sidewalks, and parkway trees. He has experience managing myriad projects.
Luanne Bean, PE
Construction Manager
Ms. Bean has more than 35 years of experience in the engineering, design, and construction of capital improvement projects. As a Registered Civil Engineer and a former Class A General Engineering Contractor, Ms. Bean has seen construction from both sides of the fence. _
Peter Salgado, PE
Construction Manager
With 25 years of experience, Mr. Salgado has managed and delivered a variety of public works projects, including street improvements, vertical construction and tenant improvements, parks and landscaping improvements, and water, sewer and storm drain improvements. Working with a variety of agencies, he is thoroughly familiar with local, state and federal procedures.
City of Beaumont I City Staff Augmentation and Project Management Services •
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G. KEY PERSONNEL
Summary of Skills
KEY PERSONNEL/ROLE
KEY PERSONNEL QUALIFICATIONS
Antonio Zori, CCM
Construction Manager
Mr. Zori is a results -oriented professional with more than 24 years of experience in managing public and private contracts. He is experienced in construction planning and scheduling, cost estimating, the bidding and procurement process, cost and production tracking, project financial control, contract negotiation, change orders and value engineering.
India Woodruff
Construction Manager
Ms. Woodruff is a proactive, self -motivated Construction Manager who has managed at -risk projects throughout Southern California. She is experienced in Microsoft Office, Procore, Primavera P6, Microsoft Projects, AutoCad, and Revu Bluebeam. Her proven project management skills allow her to effectively interact with clients as well as construction trades.
Art Biscocho
Project Engineer
Mr. Biscocho has more than 30 years of experience and has a demonstrated ability to manage multiple projects from planning to construction close-out.
Steve Novak
Project Engineer
Mr. Novak has more than 25 years of experience in civil, environmental and geotechnical engineering. His expertise includes the conceptual planning, design and preparation of rough to precise grading plans; land use studies and preliminary engineering; street design; and water, sanitary sewer, street and storm drain plans.
Padma Asam, PE, QSD/P,
ENV SP, LEED AP
Project Engineer
Ms. Asam has over 16 years of design and development plan review experience.
Her experience includes roadway widening and alignments, retaining walls, bridge abutments, pedestrian ramps and utility undergrounding.
Michael Rocco
Project Engineer +
Drafting Technician
Mr. Rocco is a Senior Civil Designer with more than 22 years of experience. He excels in the development of complete plan sets, effectively uses digital terrain model surfaces and field data provided by survey teams, and is able to review geotechnical data to assist with earthwork quantity calculations.
Thomas Grace, EIT
Project Engineer +
Drafting Technician
Mr. Grace is a registered Engineer -in -Training with over 24 years of experience specializing in hydrologic/hydraulic engineering for urban drainage facilities, flood control improvements, floodplain studies and water quality compliance documentation. His work includes preliminary and final engineering design phases, as well as SWPPP and SUSMP documentation.
Sarah Seitz, EIT
Project Engineer
Ms. Seitz serves as both a plan check engineer and project engineer with over 2 years of experience in the field. She has provided as-needed/on-call plan check and civil engineering services to various municipalities across Southern California.
Rafael Gutierrez
Drafting Technician
Mr. Gutierrez has more than 18 years of experience as a design engineer and is proficient in CAD and other design software.
Amy Storey, LEED AP
ArcMap + GIS Design
Support
Ms. Storey has been working as a Geographical Information Systems (GIS) Specialist in the NV5 GIS group for the past 21 years. She provides services that include geodatabase design, GIS web mapping and applications development, GIS analysis, data acquisition and conversion, project management through GIS MapBooks, as well as drafting and CiviI3D experience.
Tam Dan Vo
Urban Planner
Ms. Vo has 9 years of experience and is proficient in providing permit review services. She is knowledgeable in applying zoning and regulatory codes and has an understanding of environmental and planning laws and regulations.
Calvin Hara
Urban Planner
Mr. Hara has three years of experience across multiple disciplines. His design experience, paired with his educational background and tenure as a physical planner, has given him a keen eye for plan review.
City of Beaumont I City Staff Augmentation and Project Management Services 67 fon8
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H. REFERENCES
References
Provided below are references of clients for whom City Staff Augmentation and Project Management Services have been performed that are comparable in quality and scope to that specified in this RFP.
City Engineering & Extension of Staff Services
CITY OF BRAWLEY I BRAWLEY, CA
NV5 is providing City Engineering Services to the City, including serving as a senior point of contact for City staff, providing signatures as required, and overseeing department operations with the support of an on -site Deputy designated by the City. Additionally, NV5 is assisting the City in the development of City Standard Drawings, Design Specifications and Design Guidelines for capital improvement projects and new private development projects.
DATES: MARCH 2023 -CURRENT KEY PERSONNEL: TAMARA O'NEAL (PM, ACTING CITY ENGINEER), MICHAEL ROCCO, ANDREA
THOMAS, JENNIFER PETERSON, PADMA ASAM, SARAH SEITZ, J BRALEY, KIRA BOWEN, JAMES MILLER REFERENCE: TYLER SALCIDO, CITY MANAGER, 383 MAIN ST., BRAWLEY, CA 92227, 760.351.3048, [email protected] d, As -Needed Project Management Services for Various CIP 1--"' CITY OF EL MONTE ( EL MONTE, CA
NV5 is providing Project Management Services to the City on various Capital Improvements Projects. Projects include the following:
• Cypress Avenue Emergency Project
• Staff Augmentation for Assistant Project Manager (India Woodruff) • Active Transportation for EI Monte Station and Downtown EI Monte Project (CIP 890) • Nevada MND Construction Monitoring Services (CIP 005) • Miscellaneous Project Oversight for 2022, 2023 and 2024 (CIP 005 and CIP 890) • Merced Avenue Traffic Calming Project (CIP 003)
• EI Monte Regional Bicycle Commuter Access Improvement Project (CIP 016) • Nevada-Bodger Sewer Improvements (CIP 005 and CIP 038) • Santa Anita Active Transportation Program Cycle (CIP 890) DATES: DECEMBER 2020 -CURRENT KEY PERSONNEL: LUANNE BEAN, INDIA WOODRUFF REFERENCE: LEE TORRES, PE, FORMER DPW/CITY ENGINEER (NOW DPW AT CITY OF PALMDALE), 38250 SIERRA HIGHWAY, PALMDALE, CA 93550, 661.267.5100, [email protected]
Project Close-out Services for Various City Projects
CITY OF MENIFEE I MENIFEE, CA
NV5 is providing project close-out services to the City for various projects that have applied for Acceptance of Public Improvements and Release/Reduction of Bonds. Services include the review of close-out documents and confirm completion of conditions of approval; review and process of project As-Builts; prepare acceptance packages and drafts of staff reports; coordinate with City Engineering, Planning, and other interdepartmental staff and developers for resolution of project status and outstanding items.
DATES: 2024 -CURRENT KEY PERSONNEL: TAMARA O'NEAL (PM), ANDREA THOMAS, TAM DAN VO, CALVIN HARA REFERENCE: STEVEN STRAPAC, ASSISTANT CITY ENGINEER, 29844 HAUN ROAD, MENIFEE, CA 92586, [email protected], 951.672.6777
City of Beaumont I City Staff Augmentation and Project Management Services NV5 113 n cro
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H. REFERENCES
On -Call City Engineering (Staff Augmentation)
-1! CITY OF LA HABRA HEIGHTS I LA HABRA HEIGHTS, CA
NV5 provides comprehensive engineering services to the City including assistance with project management, construction management and inspection, civil engineering design, NPDES, reviewing preliminary grading on planning applications, plan check applications, plan check for engineering and grading, review and approval of tentative and final tract maps, and other services typically provided to a municipality.
DATES: 2014 -CURRENT KEY PERSONNEL: JEFF COOPER (NV5 PM), GERALD TOM (CITY ENGINEER), MAHROOZ ILKHANIPOUR REFERENCE: RAFFERTY WOOLDRIDGE, CITY MANAGER, 1245 HACIENDA ROAD, LA HABRA HEIGHTS, CA 90631, 562.694.6302 EXT. 233, [email protected]
Project Management and Construction Management Services
CITY OF IRVINE I IRVINE, CA
Since 2013, our team has been providing the City with as -needed Project Management and Construction Management Services. Services include providing project managers and plan reviews to augment City staff including civil engineering design; street and park landscape design and rehabilitation design; project management; construction management; inspection services; landscape plan check; map plan check; hydrology and hydraulic check; and street improvement plan check. Projects Included:
• Project Management Services for CIP: Provided a full-time Project Manager as an extension of City Staff to assist the City with managing its many CIP projects with the goal of maintaining and improving the City's facilities. • William Woollett Jr. Aquatics Center: Project Management, Construction Management and Inspection Services for pool re -plastering project (three pools) at the William Woollett Jr. Aquatics Center. • Heritage Park Community Center Exterior Rehab and Painting: Project Management and Design Engineering Services for the exterior rehabilitation and painting of the Heritage Park Community Center, the Metal Maintenance Building, and the Fine Arts Center.
• Adventure Playground: Project Management, Construction Management and Inspection Services on the rehabilitation project to update the playground area and amenities that comply with existing playground safety standards.
• Quail Hill Community Center: Constructability review of a new 12,500 -square -foot community center including a park, exercise equipment, and gardens.
• Oak Creek Community Center: Constructability review of a new 6,000 -square -foot community center including new parking and sports space.
• Building & Safety Inspections and Plan Review
► DATES: 2013 -CURRENT KEY PERSONNEL: LUANNE BEAN, PETER SALGADO, INDIA WOODRUFF, FARID ASKARI, RAFAEL GUTIERREZ ► REFERENCE: MICHAEL COURTNEY, PUBLIC WORKS ADMINISTRATOR, 6427 OAK CANYON, IRVINE, CA 92618, 949.724.8209, MCOURTNEY@CITYOFIRVIN E.ORG
City Engineering Services (Staff Augmentation)
CITY OF VILLA PARK I VILLA PARK, CA
NV5 serves as the City Engineer and Traffic Engineer and provides the City with all civil and traffic engineering design services. We provide a wide range of general engineering services, including City Engineering and Project Management. Services include plan checking; developing, reviewing, and modifying civil engineering plans, designs and specifications for public works projects; implementing modern methods and techniques used in the design and construction of a wide variety of municipal projects; providing construction management and inspection services for a broad range of municipal public works projects; federal funding administration; and technical report writing.
DATES: 2011 -CURRENT KEY PERSONNEL: JEFF COOPER (NV5 PM), MAHROOZ ILKHANIPOUR, HAMID TORKAMANHA REFERENCE: STEVE FRANKS, CITY MANAGER, 17855 SANTIAGO BOULEVARD, VILLA PARK, CA 92861, 714.998.1500, SFRAN KS@VI LLAPARK.ORG
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H. REFERENCES
Margarita Recreation Center
CITY OF TEM ULA I TEMECULA, CA
NV5 provided Owner's Representative/Project Management Services for the reconstruction of the Margarita Recreation Center. This Design -Build (DB) project demolished the existing facility and replaced it with a new 8,500 -square -foot building and 25 -yard outdoor pool. As part of its services, NV5 provided preliminary engineering and geotechnical design, project management, construction management, resident inspection, geotechnical and materials testing and deputy inspection, and environmental and land surveying. In concert with City staff, NV5 prepared the design bridging documents and the DB Request for Proposal and assisted the City with the DB contract Advertising and Award process. NV5's Bridging Documents and Design Guidelines included schematic designs and technical specifications for Architectural, Civil, Geotechnical, Structural, Mechanical and Electrical improvements, as well as a detailed project estimate. NV5 oversaw the design during the various stages to assure that the requirements of the contractual Bridging Documents were met.
DATES: FEBRUARY 2019 -MARCH 2024 KEY PERSONNEL: PETER SALGADO (PM), JIM TRAMMELL (PM/CM), MIKE HELMA (INSPECTOR), NV5 DESIGN (DAVID NIKNAFS, STEVE NOVAK, ART BISCOCHO), NV5 GEOTECH, NV5 SURVEY, NV5 ENVIRONMENTAL REFERENCE: NINO ABAD, PE, ASSOCIATE CIVIL ENGINEER, 41000 MAIN STREET, TEMECULA, CA 92590, 951.308.6385, N I N O.ABAD@T E M ECU LACA. G OV
Program Management & Construction Management Services
CITY OF POMONA I POMONA, CA
NV5 provides program management and construction management services to the City as extension of City Staff.
One of the projects for which we provided these services is the 2 -acre Phil and Nell Soto Park in the historic district of Wilton Heights. The $2.4M passive park includes bioswales, precast concrete play elements, a wooden gazebo, three wood/steel bridges, low-water and drought -tolerant plantings, and a citrus tree grove. Services included coordinating with grant funding agencies to stay within the grant parameters on this project. Project management services included managing the selection of consultants and contractors, preparing staff reports to award contracts, preparing progress updates, tracking project budgets, forecasting project costs, and preparing construction and consultant contracts. Construction management services included preparing weekly progress reports, conducting biweekly construction meetings, reviewing and approving contractor invoices, determining and negotiating the cost for additional work, maintaining the project schedule, and tracking costs within the budget text.
DATES: OCTOBER 2017 -AUGUST 2020 KEY PERSONNEL: PETER SALGADO (PM) REFERENCE: MATT PILARZ, SENIOR ENGINEER, 505 S. GAREY AVE., POMONA, CA, 91769, 909.620.3652, [email protected] On -Call City Engineering/Plan Check Services
CITY OF IMPERIAL BEACH I IMPERIAL BEACH, CA
NV5 has been providing city engineering and plan check services for this community since 2015. The suite of services consists of three major elements: city engineer services, plan check/development review, and design and management of capital projects. Since contract inception, NV5 has provided engineering review of all site civil and public improvement plans submitted for City permitting. NV5 has also reviewed and signed all subdivision maps and other similar documents as City Engineer and City Surveyor. Our team also provides City Engineering and extension of staff services on a variety of projects through the design and administration of capital improvement projects, grant application and administration services, ADA evaluation and improvements, local drainage improvements, structural assessment services, coastal engineering, and water quality support services.
DATES: 2015 -CURRENT KEY PERSONNEL: TAMARA O'NEAL (PROJECT MANAGER/CONTRACT CITY ENGINEER), JENNIFER
PETERSON (STORMWATER PM), THOMAS GRACE (ENGINEER), ANDREA THOMAS (ENGINEER), MICHAEL ROCCO (ENGINEER),
JENNIFER PETERSON (ENGINEER), PADMAASAM (ENGINEER)
REFERENCE: JUAN LARIOS, PUBLIC WORKS DIRECTOR, 825 IMPERIAL BEACH BLVD., IMPERIAL BEACH, CA 91932, 619.424.2214, [email protected]
City of Beaumont I City Staff Augmentation and Project Management Services NV5 115 rage o ' u ui JUDO
I. SCOPE OF SERVICES
Scope of Services
City Staff Augmentation:
City Staff Augmentation Services may include, but not
be limited to the following services:
• Providing both in-house and remote engineering
services and acting as an extension of city staff in
support of the City's Capital Improvement Program
(CIP)
• Providing Project/ Program Management Services
as described in detail in this Scope of Services
• Providing Construction Management Services as
described in detail in this Scope of Services
• Assisting in the preparation of Staff Reports
related to City projects, and preparing items for
presentation to City Council
• Providing Auto CAD and drafting services related to
the design of CIP projects
• Providing Design support in ArcMap and GIS related
to the design of CIP projects
• Coordination and interaction with City Staff in
multiple departments towards the completion of
CIP projects
• Providing regular project updates related to
assigned projects
(PM) Project/Program Management:
PM services may include any or all phases of a
project including, but not limited to: provide project
management support to City Staff for various projects.
Consultant must be proactive and knowledgeable of all
regulations required for project acceptance. Consultant shall be an advisor, advocate, and produce a product
with the best interest intended for the City within the required schedule and budget.
All work shall be done in conformance with applicable
City, State, and Federal laws, latest versions of the
City Municipal Codes, County of Riverside Ordinances
460 and 461, Riverside County Flood Control design
standards and drainage manual, Caltrans manuals and
policies, Caltrans Standard Plans and Specifications,
APWA Standard Specifications for Public Works
Construction "Greenbook," Manual on Uniform Traffic
Control Devices, California Building Codes, and all
other required regulations. All contract documents
shall be prepared under the responsible direction and
supervision of appropriate state licensed/registered
professionals.
Consultant shall provide all related services including, but not limited to, the following:
• Developing Request for Proposals (RFPs)
• Participate in procurement, selection and contract
negotiation processes, and provide contract
management of engineering design and other CIP
project contracts.
• Project scoping during the planning or preliminary
design phase.
• Working with the Design Professional to Secure
necessary right-of-way, easements, and/or grading
permits required for projects.
• Preparation and acquisition of any required
permits, including Caltrans, Edison, and UPRR
Permits
• Working with the Design Professional in the
Preparation of project plans and specifications for
bidding; conducting pre -bid meetings, as needed;
preparation of addendums to bid documents; and
attending bid openings.
• Review of Project Design plans and specification at
the various levels of design, including 30%, 60%,
90%, and final bid document review.
• Identifying project stakeholders, both internal to
the City and external, and engaging with them
throughout the planning, design, and construction
phases of the project as necessary.
• Planning, conducting, and/or providing support/
City of Beaumont I City Staff Augmentation and Project Management Services NV5 j 16 r CIVC Of I UI JUJU
I. SCOPE OF SERVICES
FM -
information to staff for public engagement
meetings, as needed.
• Coordination with other City departments, local
agencies, private utility companies, consultants,
and members of the public, as needed.
• Coordination with Survey Professionals
• Working with Environmental Professionals to
complete CEQA and NEPA processes during design.
Reviewing Technical studies and providing feedback
to the Environmental Professional and the City.
• Provide support for issues associated with the
Transportation Uniform Mitigation Fee (TUMF)
Program.
• Managing design consultants throughout the
planning, preliminary design, and bidding
processes.
• Attending community outreach meetings
• Reviewing consultant invoices
• Maintaining project records
• Other tasks as assigned
(CM) Construction Management:
CM services may include any or all phases of a project
including, but not limited to: Managing the Construction Contractor, Design Profession, and Construction Support Services throughout construction; review of drawings
and specifications, estimates, value engineering
alternatives, and other professional services.
Consultant must be proactive and knowledgeable of all
regulations required for project acceptance. Consultant shall be an advisor, advocate, and produce a product
with the best interest intended for the City within the required schedule and budget.
All work shall be done in conformance with applicable
City, State, and Federal laws, latest versions of the
City Municipal Codes, County of Riverside Ordinances
460 and 461, Riverside County Flood Control design
standards and drainage manual, Caltrans manuals and
policies, Caltrans Standard Plans and Specifications,
APWA Standard Specifications for Public Works
Construction "Greenbook," Manual on Uniform Traffic
Control Devices, California Building Codes, and all
other required regulations. All contract documents
shall be prepared under the responsible direction and
supervision of appropriate state licensed/registered
professionals.
Consultant shall provide all related services including, but not limited to, the following:
• Serve throughout the project's life cycle as the
Project Manager, including through the pre- and
post -construction closeout processes.
• Conduct an initial assessment of the project
requirements, goals, and constraints.
• Review the final contract between the owner and
Contractor(s).
• Knowledge of plans and specifications and the
contractor's operations.
• Provide status report updates to the City
summarizing progress and coordinate with the
Principal Engineer for the City.
• Attend weekly construction meetings and be the
point of contact for all assigned projects;
• Assist the Design Professional throughout the
entire project cycle, final inspections, and Project
acceptance phase;
• Report to the Principal Engineer, who is the person
designated by the City to manage the projects and
coordinate changes in the contract;
• Maintain an effective working relationship with the
Contractor, the Design Professional, the Inspectors,
and interested parties to safeguard the interests of
the City;
• Ensure adherence to the intent of the contract
documents;
• Review and inspect work and materials in a timely
manner to avoid, as much as possible, disruption
to the schedule or work already in place; weekly
communication with the construction team to
anticipate potential issues and reduce risk and
delays
• Provide quality control of work, materials, and
City of Beaumont I City Staff Augmentation and Project Management Servic raye o72 of JUDO
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I. SCOPE OF SERVICES
equipment, and report to the Construction
Administrator work that is substandard and/or
which does not meet the intent of governing code,
law, rule, and/or regulation;
• Rely on the Design Professional to solve technical
problems arising during construction; and advise
the Principal Engineer and design professional of
circumstances surrounding requested changes in
the work;
• Schedule and coordinate inspections with 3rd party
Inspection firms for material testing and inspection
if the project requires;
• Provide and maintain on -site representation as
required on behalf of the City to attend progress
meetings during the construction period, including
but not limited to inspection of work in place to
verify conformance to the plans, specifications, and
applicable building codes;
• Monitor the progress of the Contractor
submittals and keep copies of all items, including
correspondence, requests for information, shop
drawings, payment requests, change proposals,
change orders, etc.
• Be aware and keep a record of project activities
detailing weather, project manpower, equipment,
material/equipment deliveries, general description
of work performed and its location, pay items,
problem areas, site visitors, testing activities, and
all instructions or directives given or received;
• Manage measures to remedy any deviations,
defects, or deficiencies observed in the work.
Prevent installation of any related work until shop
drawings have received final approval from the
design professional;
• Monitor the preparation and maintenance of record
("as -built") drawings by the contractor during the
course of the work;
• Record the design professional's or his/her
consultant's verbal instructions during field
supervision trips and make sure they are
documented;
• Monitor submittal log to ensure submittals and
resubmittals are approved in a timely manner.
Prevent installation of any related work until
submittal items, including any shop drawings,
have received final approval from the Design
Professional;
• Samples: In coordination with the Inspector or
Record, accept samples at the job site. Record the
date received and from whom. Notify the Design
Professional and Project Manager that samples
are ready for examination. Record the Design
Professional's approval or rejection. Maintain
custody of approved samples at the job site;
• Preparation and submittal of all documents
necessary for coordination, approvals, funding
reimbursements and reporting to State and Federal
funding agencies.
• Other tasks as assigned
City of Beaumont I City Staff Augmentation and Project Management Servi age 573 of 3058
K. ADDITIONAL INFORMATION + L. INSURANCE
Additional Information
N/A.
Statement of License and Insurance
NV5 will have an active City of Beaumont Business License and the required insurance coverage in force at the time of contract execution.
City of Beaumont I City Staff Augmentation and Project Management Services NV5 119 rye e74 ui JUDO
APPENDIX