AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR
THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the X day of XXX 2023, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and XXX, whose address is XXX ("CONTRACTOR").
RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:
A. CITY desires to engage CONTRACTOR to provide XXX Services and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A" and incorporated herein by this reference; and
C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows:
1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after XX (X) year(s) unless extended by the parties with the approval of the City Council of the CITY.
2. Services to be Performed. CONTRACTOR agrees to provide the services ("Services") as follows: XXX per Exhibit "A". All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates XXX as CONTRACTOR'S professional(s) responsible for overseeing the Services provided by CONTRACTOR.
3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY.
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4. Compensation.
4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed XXX ($XXX).
4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing.
4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY's:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment.
4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion.
5. Obligations of CONTRACTOR.
5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.
5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all personnel, materials and equipment required to perform the Services. CONTRACTOR 13
shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement.
5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports.
5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision.
5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.
5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity.
5.07 CONTRACTOR shall be solely responsible for obtaining Employment Eligibility Verification information from CONTRACTOR' s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that CONTRACTOR' s employees are eligible to work in the United States.
5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any Ca1PERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval.
5.09 Drug -free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug - free workplace.
5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder.
6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health 14
and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA.
Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit "B" are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR shall provide the following types and amounts of insurance:
6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.
6.02 Business Auto Coverage in an amount no less than $1 million per accident.
If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person.
6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents.
6.04 Optional Insurance Coverage. Choose and check one: Required _ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY.
7. General Conditions pertaining to Insurance Coverage
7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise.
7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.
7.03. All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business 15
in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.
7.04 Self-insurance does not comply with these insurance specifications.
CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non- contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY.
7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY' s protection without CITY's prior written consent.
7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8. Indemnification.
8.01 CONTRACTOR and CITY agree that CITY, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by CONTRACTOR or any subcontractor or agent of either as set forth herein.
Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY.
CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein.
a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys' fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or 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 16
incurred by CITY.
b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.
8A. Indemnification Design Professionals.
8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members ("Indemnified Parties") from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney's and consultants' fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death ("Claim(s)"), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties.
The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR'S proportionate percentage of fault.
9. Additional Services. Changes and Deletions.
9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services.
CON TRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing.
9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council.
10. Termination of Agreement.
10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR.
10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid 17
within thirty (30) business days after receipt of an invoice as provided in this Agreement.
Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY.
11. Status of CONTRACTOR.
11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY' s City Manager as provided for in this Agreement.
11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Ca1PERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers' compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.
11.03 CONTRACTOR hereby specifically represents and warrants to CITY that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of CITY and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the CITY is located. Further, CONTRACTOR represents and warrants that the individual signing this Agreement on behalf of CONTRACTOR has the full authority to bind CONTRACTOR to this Agreement.
12. Ownership of Documents: Audit.
12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties and all other documents of any kind or nature prepared, developed or obtained by CONTRACTOR in connection with the performance of Services performed for the CITY shall become the sole property of CITY, and CONTRACTOR shall promptly deliver all such materials to CITY upon request. At the CITY's sole discretion, CONTRACTOR may be permitted to retain original documents, and furnish reproductions to CITY upon request, at no cost to CITY.
12.02 Subject to applicable federal and state laws, rules and regulations, CITY shall hold all intellectual property rights to any materials developed pursuant to this Agreement. CONTRACTOR shall not such use data or documents for purposes other than the performance of this Agreement, nor shall CONTRACTOR release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of CITY.
12.03 CONTRACTOR shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and 18
vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY's agents for examination all of such records and shall permit CITY's agents to audit, examine and reproduce such records.
13. Miscellaneous Provisions.
13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.
13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.
13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY' s conflict of interest policy.
13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled.
13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.
13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder.
CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.
13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements 19
of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.
13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR.
13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.
CITY: CONTRACTOR:
CITY OF BEAUMONT XXX
By: By:
XXX,
Print Name:
Title:
20
EXHIBIT "A"
PROPOSAL
(insert behind this page)
City of Beaumont
Request for Proposal
BEA JMONT
-C A L I F O R N I A
Request for Env. Con. Services for
Cherry Channel Drainage Project
EXHIBIT "B"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
1
City of Beaumont
Request for Proposal
Request for Env. Con. Services for
BEAUMONT Cherry Channel Drainage Project
-CALIFORNIA-
Chow Veer"
IF DELAND ST
ovum sr it
VICINIDe MAP
2
City of Beaumont Agreement #
C24-56
EXHIBIT "B"
PROPOSAL
(insert behind this page)
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
Task 1: Project Management and Meetings
Task [. 1: Project Management
The Project Management task will cover internal management, invoicing, communication, coordination, reporting, preliminary reviews of received reports, drafting schedule updates and meetings with the City.
This task assumes no more than four Project check -in meetings virtually taking no more than 1 hour with Chambers Group staff, one Project presentation, and one City meeting during Project approval, lasting no more than 3 hours with 2 Chambers Group staff. Additional work including out -of -scope items and additional meetings, including public meetings, will be provided with the submittal of a contract amendment.
Deliverables: An electronic copy of the meeting agendas if required.
Task 1.2: Kick -Off Meeting
Kick-off Meeting: Project initiation will begin with a kick-off meeting with the City and the Chambers Group Project team to discuss the project history, project description, specific project issues, and CEQA schedule; as well as receive available project information and technical reports. It is assumed that this information will include the geotechnical studies, site plans, permits, and other pertinent project information. This meeting is assumed to take no more than 2 hours. After the kick-off meeting, Chambers Group will develop a list of additional data needs.
Deliverables: One electronic copy of the data needs list.
Task 2: Data Gathering and Analysis
This task will cover the data gathering and analysis outlined in the Request for Proposal (RFP) such as, reviewing relevant City documents including previously submitted permits for the original installation and/or ongoing maintenance, previously prepared reports and other referenceable documents, figure and map development for the CEQA document including but not limited to the location and vicinity, land use, zoning, wildfire, utilities, and other public services. Technical desktop research for specific resources including biological and cultural resources are outlined in Task 4. This task assumes one preliminary site visit and check -in meetings with City staff.
Deliverables: Results of this task such as the identification of potential environmental concerns, Project conflicts, and required figures shall be summarized into a memorandum submitted electronically for one round of review. Three hard copies shall be sent to the City after the memorandum has been finalized.
Task 3: Investigations
Task 3.1: Geotechnical Investigation
Ninyo & Moore's geotechnical scope of services will include the following:
• Review of the existing Technical Memorandum prepared by Converse Consultants for the Cherry Avenue Channel, other available geotechnical reports for adjacent developments, and readily available geologic maps, published geotechnical literature, geologic and seismic data, aerial photographs, groundwater data, and in-house information. • Geotechnical reconnaissance to document the existing surficial conditions at the proposed project site.
Est
]979
Commented [EB1]: Vincent Lopez
2024-04-29 14:42:36
Based on the six month scheduled provided by the
Chambers Group, the cost for this item in the cost propose seems substantially high for eight hours. Please revise and clarify. After kick-off meeting, we may only need 30 -minute check -in meetings since we will be communicating back a n forth via email.
Commented [EB2R1]: Per the RFP, this task Included
meetings with other agencies and presentations (including preparation time and travel) to the City. The full text from the RFP was not included given the page count
requirements. Based on the discussion that this will be a straightforward project, and the estimates have been
revised for 2 staff members, 8 hours each and reflects
cha nges per the comments below
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
• Assessment of the general geologic conditions and seismic hazards affecting the site, and evaluation of their potential impacts on the Proposed Project. Evaluation of geologic impacts would include erosion potential, compressible soils, expansive soils, and shallow groundwater. Evaluation of seismic impacts would include potential surface rupture, ground shaking, and liquefaction. • Preparation of a short report providing our findings and conclusions regarding geology and soils conditions that may impact the project and would be necessary to complete the final environmental document and associated permit applications.
• Consultation with other project consultants to provide geology/geotechnical input to the final environment documents.
Task 3.2: Phase I ESA
Ninyo & Moore's proposed scope of services for the Phase I ESA will include, but not necessarily be limited to, the following:
• A review of federal and state environmental record sources for the subject property and for properties located within the search radii prescribed by ASTM for the respective environmental record sources.
• A review of readily available and/or reasonably obtainable historical aerial photographs, Sanborn Insurance Maps, building plans, and United States Geological Survey Topographic Maps, etc. • A subject property reconnaissance to visually evaluate subject property conditions. • Interview owner representatives and/or other individuals familiar with the subject property, including pa6t subject property operations, and construction history, if readily available and relevant. • A subject property vicinity reconnaissance to evaluate conditions of adjacent or nearby properties for possible environmental influences on the subject property. • Preparation of a Phase I ESA report that meets ASTM E1527-21 and EPA MI reporting criteria.
Assumptions: The following assumptions have been made in the preparation of our scope of services.
It is the responsibility of the client to review environmental liens for the property or engage a title company to review such records. A lien search is not included as part of the proposed work scope. Ninyo & Moore can provide this service if requested as an additional service and fee.
In accordance with the ASTM E1527-21 standard, subject property -specific information will be requested from the user of the report in the form of a customized questionnaire or an interview with a designated representative, at the client's discretion.
Up to 1 lours lave been estimated tetreview agency records for the subject property. Review of agency records for adjoining properties is not included in this proposal. Should available files require additional review time, additional cost to obtain, or other conditions be encountered that warrant additional research/evaluation (such as an in -person review of records at a local agency office), the client will be contacted for additional authorization. Up to 8 hours for the site reconnaissance are included in this task.
Deliverables: One electronic copy for one round of review and comment. Results to be incorporated into the IS.
Task 4: Environmental Services
Task 4.1: Air Quality, GHGs, and Noise Evaluation
Ldn Consulting will prepare air quality, GHG and noise evaluations for the proposed 24-21 Cherry Channel Drainage Project known as the "Project".
Est
1979
W :VW
Commented [EB3]: Vincent Lopez
2024-04-29 14:44:20
Please revise to be all inclusive. The City will forward/sher all documents and records needed for assessment.
Commented [EB4R3]: Revised
Formatted: Strikethrough
Formatted: Strikethrough
I Formatted: Strikethrough
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
• Construction -related activities and emissions will be evaluated. This would consist of building demolition, import/export of soil, mass grading, etc. A qualitative assessment of potential impacts from toxic air emissions will be included. Evaluate applicable GHG emissions associated with heavy- duty construction equipment combustion that will likely occur during the various phases of construction; emissions will be quantified using the California Emissions Estimator Model® (CalEEMod) emissions inventory model.
• Consistent with the Air Quality Management Plan (AQMD) a screening -level diesel health risk assessment will be prepared for emissions resulting from short-term project construction activity, specifically diesel particulate matter.
• If the Project exceeds the Screening -Level Criteria for Air Quality Impacts as identified by the Air Pollution Control District (APCD), more detailed analysis may be required to determine mitigation solutions and would be included.
• The analysis shall address consistency with the ARB's Air Quality and Land Use Handbook, and potential sources of toxic air contaminants (TACs) from the project and strategies to reduce emissions along with design features and mitigation measures consistent with the County and APCD. • Identify, characterize, and inventory any applicable GHG emissions currently being requirements (i.e., Assembly Bill's (AB) 32, 341, 1493, Senate Bill 97, and Executive Orders S-3-05, S-01-07, B-30- 15).
• Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Evaluate net increase in applicable GHG emissions associated with mobile source activity. Data available from the project team and previous analysis will be utilized in characterizing GHG-generating activities. • The results of this study effort will be summarized in a report as requested. The analysis will discuss the latest guidelines for Climate Change analyses as well as any California Air Resources Board (CARB) adopted thresholds of significance and the General Plan. • The anticipated construction activities noise levels will be identified to determine if short term impacts will occur at the adjacent property lines. The calculated noise levels will be propagated to the nearest residences using the logarithmic relationship describing the acoustical spreading or drop off rate of 6 dB per doubling of distance from the source. The propagated noise levels will be compared to the applicable standards. If potential impacts are identified, feasible mitigation measures will be designed.
• The analysis will discuss the local guidelines and adopted thresholds of significance for Noise. • If additional emissions reduction calculations, report revisions, environmental coordination or agency requests are required, LDN will work with the City to determine any and all additional efforts and associated costs prior to any additional work commencing. For budgeting purposes and to avoid contract changes when these services are requested, LDN will perform these additional services on a time and materials basis.
Deliverables: One electronic copy of the report for one round of review. Results to be incorporated into the Initial Study (IS).
Est
1979
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
Task 4.2: Biological Survey and Report (with MSHCP Consistency Analysi s)
Chambers group will conduct a biological resources survey for the Project, including a habitat assessment, and will prepare a biological technical report which will include an analysis of the Project's consistency with Western Riverside County Regional Conservation Authority (RCA) Multiple Species Habitat Conservation Plan (MSHCP) requirements and recommended avoidance and mitigation measures.
Prior to conducting the biological resources survey, Chambers Group will review the RCA MSHCP Information Map for applicable criteria and survey requirements for the assessor parcel number(s) containing the Project. Survey requirements for MSHCP species not adequately covered will also be reviewed. The U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) soil survey will be reviewed to identify soils that occur within the Project site. The USFWS National Wetlands Inventory (NWI), the U.S. Geological Survey's (USGS) National Hydrography Dataset (NHD), Google Earth imagery, and historical aerial photographs of the Project site and vicinity will be reviewed for hydrological features that may fall under the regulatory jurisdiction of the USACE pursuant to Section 404 of the Clean Water Act, RWQCB jurisdiction pursuant to Section 401 of the Clean Water Act, and CDFW jurisdiction pursuant to Section 1602 of the Fish and Game Code. This task will also include a review of CDFW's California Natural Diversity Database, the California Native Plant Society's Electronic Inventory, and the USFWS' Information for Planning and Consultation for existing records of listed and/or special status plant and wildlife species and habitats occurring on or in the vicinity of the Project.
After conducting the literature review, biologists will conduct the biological resources survey and habitat assessment within the approximately 3 -acre Project site. Chambers Group biologists will document the presence of common and sensitive biological resources, both flora and fauna, within the Project boundaries. The survey will focus on determining the potential presence of federal- and state -listed or otherwise special status plant and wildlife species and sensitive habitats, including suitable habitat for burrowing owl, birds associated with riparian/riverine areas, and narrow endemic plants including Yucaipa (Marvin's) onion and many -stemmed dudleya. Per the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area (survey instructions; protocol), if burrowing owl habitat are found on site a 500 -foot boundary around the Project site will be walked (where accessible and permitted), to map suitable burrowing owl habitats. All vegetation communities and other landcover types will be mapped, qualitatively described, and assessed for the potential for occurrence for special status species. Photographs will be taken to document the conditions of the Project site at the time of the survey. All plant and wildlife species observed or detected during the survey will be recorded.
Chambers Group will prepare a biological technical report that will include an introduction, methods used to conduct the survey, results of the survey documenting the existing biological resources, a discussion of special status plant and wildlife species with the potential to occur on the Project site, an analysis of the Project's consistency with MSHCP requirements), recommended avoidance and mitigation measures, and any required focused surveys.
The report will contain up to 40 pages of text and tables, up to eight figures, and up to 80 pages of appendices including literature searcles, site photographs, anc ists of plant anc wi dlife species observed or detected curing the survey.
The biological resources survey will be conducted within 2 weeks of receiving the NTP. Chambers Group will submit three hard copies and one electronic copy of the draft biological technical report to the City Est
1979
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Commented [EB5I: Vincent Lopez
2024-04-29 20:42:20
The amount of pages may be sufficient however, the City does not want to be limited to these amounts to trigger costs above an awarded amount.
Commented [EB6RSj: Revised.
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Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
within 4 weeks following the completion of the biological resources survey and habitat assessment.
Chambers Group will incorporate one round of comments from the draft report into a final report and will deliver three hard copies and one electronic copy of the final report to the City upon completion.
Geographic information system (GIS) shapefiles will also be provided to the City.
Assumptions: Tic level of effort for Task 1.2 assumes two biologists surveying tic site in 1 day. If additional survey time is required due to unforeseen circumstances, Chambers Group will revise the cost in coordination with the City:
The scope of work for Task 4.2 does not include focused surveys or a formal jurisdictional delineation. If needed, BUOW focused surveys will be provided under Task 4.3. A formal jurisdictional delineation and reporting is provided under Task 5.1. II additional focused surveys are required based on the results of the biological resources survey, Chambers Group will provide them as a separate scope and cost. The scope of work for Task 4.2 includes up to 4 hours for responding to agency letters and comments.
While not anticipated, if any published updates to the Consistency Analysis Report Template should occur prior to the biological technical report/MSHCP consistency analysis being completed, and if the updates should substantially change the level of work required for this report or require any additional studies be conducted prior to analysis, Chambers Group will revise reporting costs (if needed) after approval from the City.
Deliverables: One electronic copy of the report for one round of_review for substantive revisions and comments. Reasonable rounds of revisions such as minor comments and clarifications are covered undi this task. Results to be incorporated into the IS.
Task 4.3: Burrowing Owl Survey Instructions for the MSHCP (if needed) Based on the results of the biological resources survey and habitat assessment, if suitable burrowing owl habitat is present on or adjacent to the Project site, a focused burrow survey and focused burrowing owl surveys must be conducted in accordance with the survey instructions. The purpose of focused burrowing owl surveys is to identify if, when, and how the site is being used by burrowing owls. Focused burrowing owl surveys will be conducted within the approximately 3 -acre Project site and a 500 -foot buffer (survey area). Following the survey instructions protocol, the burrowing owl focused surveys will include a minimum of one, and up to four separate site visits during the burrowing owl breeding season (March 1 through August 31).
The first visit will include a focused burrow survey to locate and map location of all suitable burrowing owl habitat, potential owl burrows, burrowing owl sign, and any burrowing owls; if no potential burrows or burrowing owls are detected, no further surveys are required. If the survey area contains natural or man-made structures that could potentially support burrowing owls, or owls are observed during the burrow surveys, four separate site visits during the burrowing owl breeding season must be conducted.
The first focused survey may be conducted concurrent with the focused burrow survey. The remaining three focused burrowing owl survey visits will be conducted as specified in the survey instructions protocol. During each focused survey, dominant plant species and all wildlife species observed/detected will be recorded, and site photographs will be taken depicting the survey area and any evidence of burrowing owl.
Est
1979
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Commented [EB7]: Vincent Lopez
2024-04-29 17:03:11
This task needs to be all inclusive for the biological
surveying.
Commented [EBBR7]: Revised
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Commented [EBB]: Vincent Lopez
2024-05-01 16:18:00
Task needs to be all inclusive. The City is under the
assumption that the Chambers Group visited the Channel.
Commented [EB10R9]: Ageneral site visit was
performed. However, based on a more detailed assessmen
and based on input from regulatory agencies additional
surveys are sometimes required. There is no way to
determine what the more detailed survey and agency
requests are at this time. Additional surveys based on our more detailed literature review and survey is unlikely to result in additional surveys required for project. However, the resource agency's are unpredicted. For example they are now asking for couches bumble bee surveys on most
project in the area but they do not specify what habitats should include surveys.
If there are any previously prepared studies that have been done for the site, there are potential cost savings we could implement for this project.
Commented IES111: Vincent Lopez
2024-04-29 20:43:31
What if another round is needed? The City would like to award a fixed contract amount to complete this project.
Commented [EB12R11]: Noted that substantive
comments will have one round and understand that minor
revisions back and forth is covered under this task.
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
According to the protocol, surveys will not be conducted during rain, winds greater than 20 miles per hour, dense fog, or temperatures over 90 degrees Fahrenheit. Potential burrowing owl burrows will be examined for burrowing owl sign and all evidence of burrowing owl or burrowing owl sightings within the Project site will be documented, digital photographs will be taken, and locations will be recorded using a handheld Global Positioning System (GPS) device.
After completing the required field surveys, methods and findings will be summarized and incorporated into a focused survey report. The locations of any suitable burrows, burrowing owls, or burrowing owl sign encountered will be mapped and corresponding GPS coordinates will be provided. The report will be- include up to 15 pages of text, tables, and figures anc up ftormatted as required per the MSHCP. 20 pages ��.' of appendices including Plant and wildlife species lists, site photographs, and field survey forms.
Chambers Group will submit three hard -
copies and one electronic copy of the draft burrowing owl focused survey report to the City within 4 weeks following the completion of the final survey. Chambers Group will incorporate one round of comments from the draft report into a final report and will deliver three hard copies and one electronic copy of the final report to the City upon completion. GIS shapefiles will also be provided to the City.
Assumptions: The cost for Task 4.3 includes two biologists surveying the Project site and buffer in one full day during the first site visit, and in a half -day (either a dawn or dusk survey), during each of the three subsequent site visits. If for unforeseen circumstances additional survey days are necessary (e.g., adverse weather conditions canceling a survey), Chambers Group will provide them after approval from the City. The scope of work for Task 4.3 includes up to 2 hours for responding to agency letters and comments
Task 4.4: DBESP Report
After all required surveys for the Project have been conducted and the respective survey reports have been prepared and accepted, Chambers Group will prepare a DBESP. The DBESP will follow the most - recent version of the DBESP template available on the Regional Conservation Authority's website, and will include Executive Summary, Introduction, Riparian/Riverine Mitigation (MSHCP Section 6.1.2), Narrow Endemic Plant Species Mitigation (MSHCP Section 6.1.3), Additional Survey Needs (MSHCP Section 6.3.2), Delhi Sands Flower -Loving Fly (MSHCP Section 6.3.2), and Reference section, and supporting appendices.
The DBESP report will include up to 30 pages of text, tables, and figures and up to 250 pages of supporting appendices (including biological surveys and jurisdictional delineation reports). Chambers Group will submit three hard copies and one electronic copy of the draft DBESP report to the City within 4 weeks following completion of all required Project surveys and reports. Chambers Group will incorporate one round of comments from the draft DBESP report into a final DBESP and will deliver three hard copies and one electronic copy of the final report to the City upon completion.
Assumptions: While not anticipated, if any published updates to the MSHCP DBESP template should occur prior to the DBESP for the Project being completed, and if the updates should substantially change the IeveI of work required for this report or require any additional studies be conducted prior to analysis, C
hambers Group will revise the cost of the DBESP (if needed) after approval from the City.
The scopc of
•
ward -or Tas < 4.l includes up to 1 hours for responding to agency otters anc comments.
Deliverables: One electronic copy of the report for one round of review and comment. Results to be incorporated into the IS.
Est
9979
Commented [EB13]: Vincent Lopez
2024-04-29 17:05:20
The price for this task and report needs to be all inclusive regardless of the amount of pages
Commented IEB14R131: Revised language
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Commented [EB15]: Vincent Lopez
2024-04-2917.07:24
The qty rs relying on the Chamber Group's expertise for this task. The price will need to be all inclusive without limits before change orders are requested
Commented [EB16R15]: Comment addressed and scope
updated
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Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
Task 4.5: Cultural Resources Literature Review, Desktop Research and Consultation Task 4.5.i: Literature Review and Desktop Research
Chambers Group will conduct a literature review, including a review of the findings of a records search through the California Historical Resources Information System (CHRIS) database at the appropriate Information Center (IC). The records search will be conducted by IC staff and review relevant previously recorded cultural resources and previous investigations completed for the half -mile search radius surrounding the project site. A paleontological records search will also be completed for the half -mile search radius surrounding the Project site by the relevant Natural History Museum.
In addition to the above research, a request that the Native American Heritage Commission (NAHC) will be submitted for a review of their sacred land files (SLF). This search will identify if any resources important to Native Americans have been recorded within the project area and surrounding vicinity. The NAHC will provide the results and a list of affiliated tribal representatives to contact for additional information. Chambers Group will provide the results of the NAHC SLF search and list of tribes in the desktop cultural resources letter report. Note: This research alone does not satisfy the lead agency's requirements under AB 52. It is assumed that the lead agency will conduct AB 52 Tribal Consultation.
Upon request, Chambers Group can assist in coordinating AB 52 consultation requirements (see Task
4.5.3).
Assumptions:
• The City will provide Chambers Group with confirmation on the Project footprint at the time of authorization -or NTP. It is assumed that this information will not change once Chambers Group has initiated the tasks above.
• All required records searches will be submitted within 1 week of receipt of NTP. • Fees incurred by the IC and Museum to conduct the record searches, estimated at $1,380.00, are included as part of this task. We will bill the actual amount these institutions charge without a markup.
• Currently, the IC estimates 6 to 8 weeks from the date of request to provide results for a records search. In addition, fees incurred by the relevant Natural History Museum to conduct the paleontological record search are included as part of this estimated cost. Currently, the Museum estimates 2 to 3 weeks from the date of request to provide results for a records search. Currently, the NAHC estimates 6 to 8 weeks from the date of request to provide results for the SLF request. • This task does not currently include the issuance of NAHC Scoping Notification Letters to NAHC-listed points of contact to request information regarding the proposed Project site. These informal evidence gathering letters are not a substitute for government -to -government consultation by the permitting agency. If the SLF search returns positive results and/or the City requests that these notification letters be transmitted, a revised scope of work and cost will be necessary. • This task assumes that no previously documented cultural resources are recorded within the Project site. If the records search data reveals that potentially significant cultural resources are documented within the Project site and/or surrounding half -mile radius study area that may be affected by the Project, further research, such as a field survey, may be required, at additional cost. • This task does not include cultural resources survey, testing, data recovery, analysis, monitoring, or similar programs.
Deliverables: This task includes a records search requests, review of results provided, and minimal research to be incorporated within the Cultural Resources Report.
Est
1979
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
Chambers Group will complete a desktop study and prepare a Cultural Resources Report deliverable.
The Cultural Resources Report will be prepared according to Archaeological Resource Management Report (ARMR) Guidelines and California State Historic Preservation Office (SHPO) Guidelines, detail the methods used, and describe the results of the records search, all additional research and literature review, and any related recommendations. The report will not include results from an on -ground survey of the proposed Project site as it is perceived that little meaningful data can be gleaned from a pedestrian survey of the area due to the location of proposed direct impacts being located within compacted, semi - impervious surfaces within an active channel system. The report is assumed to contain up to 30 pages of text, graphics, and appendices. The report will also discuss the paleontological records search results and the basic geologic context of the Project site, to support any related recommendations regarding paleontology, as well as addressing the results of the NAHC SLF records search.
Assumptions:
• Chambers Group will provide a draft report to the City for review within 4 weeks after receipt of all requested records search data.
• This task cost estimate assumes that only one round of substantive consolidated report comments from the City will be received to be incorporated into the final document within 2 weeks after draft review. If additional comments are received, a revised scope of work and cost for additional review may be necessary.
• This task does not include cultural resources, survey, testing, data recovery, analysis, monitoring, or similar programs. It is assumed that existing hardscape, geo-material liner, and landscape features located within the proposed Project site will preclude effective ground surface visibility and impede the ability to adequately identify and assess the presence of archaeological resources. Therefore, an on -foot survey of the Project site is NOT recommended. Should an archaeological resources inventory survey be required a separate scope and cost will be required. • This task does not include survey and analysis of historic period -built environment resources. It is assumed that no such resources are located within the Project site or adjacent right-of-way (publicly accessible surface streets). If historic period -built environment infrastructure is identified within the Project right-of-way, and may be affected by the Project, these resources would need to be evaluated for eligibility for listing on the National Register of Historic Places, the California Register of Historical Resources, and/or a local register. If historic period -built environment resources that may be affected by the Proposed Project are identified, a separate scope and cost will be required to assess these resources.
Deliverable: One electronic copy of the Desktop Cultural Resources Report. Results to be incorporated into the IS.
Task 4.5.3: AB 52 Tribal Consultation Support
AB 52 required an update to CEQA Appendix G to include a new category titled "Tribal Cultural Resources". As a Lead Agency, the City is required to conduct AB 52 consultation with requesting tribal groups on a government -to -government basis.
Est
1979
Commented [E617]: Similar to the previous response
that this will include a reasonable amount of minor revisior after substantive comments have been made
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
This task will provide support to the City including, but not limited to preparing and transmitting Request to Consult Letters to respective tribes via email and certified mail; support with consultation regarding the proposed Project plans and potential impacts; support arranging conference calls with tribes; and/or development of mitigation measures, as appropriate. Should any tribe request a site visit, or require further calls to conclude consultation, it is assumed that City will cover this expense and provide the tribe(s) an opportunity to visit the Project site.
Assumptions:
.-It is assumed that City has a prepared list of no more than three Tribal Representatives who have previously expressec a ccsirc to be notified w a project requires AB 52 consultation. • This task includes AB 52 consultation support with requesting tribal groups anc includes time for assisting and/or attending up to three 1 hour meetings with City Staff and tribal members in an online forum, and up to 2 hours to assist drafting potential mitigation measure language. • This proposal does not include attending field visits requested by tribal groups requesting consultation. Based on recent experiencefield visits with the tribal groups have not been requested.
Deliverable: Up to four Request to Consult Letters and Project site maps for District review; assist with up to three 1 -hour consultation meetings; prepare Tribal Consultation Summary memo.
Task 4.6: CEQA Documentation
Task 4.6.1: Project Description and IS
Project Description: Chambers Group will develop a comprehensive description for the Proposed Project that will form the basis for the analysis of the potential impacts on the environment, based on the information provided by the City. The project description will include a narrative and graphical presentation of the Proposed Project, including components, location and boundaries, regional and vicinity maps, and a statement of the Project goals and objectives.
Prepare IS Checklist: Chambers Group shall prepare an IS Checklist to determine the appropriate level of CEQA documentation for the Proposed Project which is assumed to be either a Negative Declaration (ND) or MND. The IS will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G or utilizing a format preferred by the City in compliance with CEQA Section 15063. Chambers Group will provide one electronic PDF copy of the Administrative IS Checklist for District review.
Deliverables: One electronic copy of the project description and IS checklist for one round of review and comment.
Prepare Administrative Draft MND: If one or more significant impacts are identified during the IS process, and in the technical reports prepared for Tasks 4.2 to 4.5 and Task 5, CEQA allows the preparation of an MND when those impacts can be mitigated to a less -than -significant level. The preparation of an ND is similar to MND, with the exception that an MND includes mitigation measures.
Therefore, the description of an MND is provided in this task. ""% Est
1'40'1979
Commented [EB18]: Vincent Lopez
2024-04-2917:09:45
The Chambers Group Is contracted with the City as an As - Needed Consultant. The Chambers Groups should have sui
list based on previous task orders.
Commented [EB19R18]: Understood. Revised and kept
one assumption. Based on previous consultations, no tribe. have requested our presence during field visits
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Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
For each CEQA environmental checklist discipline item, the existing environmental setting of the Proposed Project site and surroundings will be characterized from the existing literature base and a site visit by an environmental analyst. An environmental impacts analysis will be prepared for each checklist entry. Based on CEQA-defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance. Chambers Group will provide one electronic PDF copy of the Administrative Draft MND for one round of City review and one round to finalize the revised changes.
Prepare/Distribute the MND and Notice of Intent: For submittal to the Office of Planning and Research (OPR), Chambers Group will draft a Notice of Intent (NOI), Notice of Completion (NOC), Summary Form, and the Public Draft IS/MND with associated appendices to be submitted electronically on behalf of the City. The City must approve Chambers Group as a submitter for the City on the OPR CEQANet Web portal.
Chambers Group will prepare the NOI for distribution during the public review to agencies, interested parties, and property owners adjacent to the Proposed Project from an approved distribution list provided by the City. We assume up to 25 mailings of the NOI via regular mail to adjacent property owners and up to 10 mailings of the NOI via certified mail to agencies and other interested parties.
Chambers Group will file the NOI to adopt an MND with the County Clerk. We assume the City will be responsible for newspaper publications or on -site postings.
Note: This task does not include attendance at any public or community outreach meetings. The environmental document will not be circulated until AB 52 consultation has been concluded.
Deliverables: One electronic PDF copy of the [zublic Review Draft MND and technical reports as appendices for distribution. Up to three hard copies of the Public Review Draft MND with technical reports/appendices on thumb drive or CDs. PJto 25 mailings6O maihn s to adjacent wroperty owners via regular mail, and up to 10 mailings to agencies and interested parties via certified mail. State Clearinghouse submittal will be done electronically Should additional mailings be required; Chambers Group can prepare and mail additional notices at an additional cost.
Task 4.6.3: Final MND
Prepare Final MND with Response to Comments: Based upon comments received from public review, responses to the comments will be prepared. For the purposes of this proposal, and understanding that the Project would not be controversial to the existing neighborhood. no more than 100 comments . up to 15 comment letters on the IS/MND are assumed, with responses requiring minimal further investigation or studies. A draft of these responses will be provided to the City. Upon receipt of one complete set of comments from the City on the responses, a Final MND will be prepared. This document combined with the Draft MND will constitute the Final MND to be used by the City when considering approval of the Proposed Project.
This Task will include up to two rounds of comments from the City.
Prepare MMRP and NOD: Following preparation of the MND, Chambers Group will prepare a Draft MMRP. The Final MMRP incorporating the City's comments will be incorporated into the Final MND. The Notice of Determination (NOD) is filed following the City's decision to carry out or approve the Proposed Project for which the MND has been prepared. Chambers Group will prepare the NOD and will file the NOD with the State Clearinghouse and the County Clerk. The City will be responsible for CDFW filing fees, if necessary. Chambers Group will provide up to three hard copies of the NOD; the NOD is to be filed electronically with the State Clearinghouse and one filed with the County Clerk.
Est
]979
Commented [EB20]: Vincent Lopez
2024-04-29 17:11:28
As d- iscussed, the City is relying on the Chambers Group to full vet the affected property owners. The price should reflect an all inclusive cost based on this analysis.
Commented [EB21]: Vincent Lopez
2024-04-29 17:11:28
As - discussed, the City is relying on the Chambers Group to full vet the affected property owners. The price should reflect an all inclusive cost based on this analysis.
Commented [EB22R21]: Included the total number of
addresses that are adjacent to the channel
Commented [EB23]: Vincent Lopez
2024-04-29 17:11:52
Same as above.
Commented [EB24R23]: Updated based on the number
of properties. This is also assumed that updates to the channel would not be controversial
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
Deliverables: Three hard copies of the draft Final MND and reviewed Final MND with the technical reports/appendices on thumb drive or CD.
Task 5: Jurisdictional Delineation and Regulatory Permitting Task 5. I: Jurisdictional Delineation
Chambers Group will conduct a desktop analysis prior to the field survey and delineation of Cherry Channel. USGS quadrangle maps and hydrological features, NRCS soil survey maps, NHD maps, USFWS NWI maps, and historical aerial imagery will be reviewed. Aerial imagery of the Project site and immediately adjacent areas will be searched for other potentially jurisdictional features including v - ditches, culverts, swales, etc., and potential connectivity to any Traditional Navigable Waters.
Potential waters and wetland habitats on the site will be evaluated using the methodology set forth in the Corps of Engineers Wetland Delineation Manual (USACE 1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual Arid West Region Version 2.0 (USACE 2008). This preliminary jurisdictional delineation will be consistent with the 2023 Rule revising the definition of Waters of the United States (WoUS) and the August 29, 2023, amendment and includes measurement of the Ordinary High, Water Mark (OHWM) to determine WoUS. Surveyors will walk the Project site, specifically Cherry Channel, and will identify and map limits of jurisdiction with a submeter GPS device.
The surveyors will document the boundary of the OHWM and Bank to Bank features as identified within the Project site. Hydrologic indicators include evidence of inundation, saturation, watermarks, drift lines, and sediment deposits. OHWM data will be recorded on USACE Rapid Ordinary High Water Mark Field Identification Data Sheets. Soils will be investigated for hydric characteristics. Wetland boundaries (if present) will be determined using the current accepted methodology prescribed in the USACE 1987 and USACE 2008. This method requires positive evidence of hydrophytic vegetation, hydric soils, and wetlands hydrology to be considered a wetland. If potential wetlands are identified, soil pits will be established to determine the wetlands/uplands boundaries. Soil pit data will be recorded on USACE Arid West Region Wetland Determination Forms. The boundaries of hydrological features will be mapped in a shapefile that will distinguish each agency's respective jurisdiction (USACE, CDFW, and RWQCB) based on current agency guidance documents. Photographs of hydrological features and any soil pits will be taken. Vegetation communities will be mapped during the biological resources survey under Task4.2 The jurisdictional delineation will be conducted within two weeks of receiving the Notice to Proceed.
Following the survey, Chambers Group will prepare a preliminary jurisdictional delineation report documenting the survey results. The report will include Introduction, Regulatory Overview, Methods, Results, Summary ofJurisdictional Findings, Conclusions and Recommendations, and Reference sections.
The report will include up to 35 pages of text, tables, and figures and up to 20 pages of appendices including photographs of the site, OHWM and wetland determination datasheets, and plant and wildlife species lists. Chambers Group will submit three hard copies and one electronic copy of the draft preliminary jurisdictional delineation to the City within 4 weeks of conducting the survey. Chambers Group will incorporate one round of comments into the final report and will submit three hard copies and one electronic copy of the final report to the City upon completion. GIS shapefiles will also be provided to the City.
Assumptions: The level of effort for Task 5.1 assumes one biologist conducting jurisdictional delineation in 1 day concurrently with the biological resources survey. If additional survey time is required due to unforeseen circumstances, Chambers Group will revise the cost in coordination with the City. The cost for Task 5.1 includes field survey time, mobilization/demobilization time, vehicle use and fuel or mileage, Est
1979
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
personal protective equipment, submeter GPS and camera use, data management, project management time, GIS support, and reporting time.
The scope of work for Task 5.1 includes up to 4 hours for responding to agency letters and comments.
Task 5.2: USACE, RWQCB, and CDFW Permit Coordination and Applications Chambers Group assumes the City will directly pay any associated project permit fees to the corresponding regulatory agencies for this task, as applicable.
Preparation of USACE 404 Permit Applications: The level of work associated with preparing the notification to the USACE pursuant to Section 404 is dependent on the magnitude of project impacts on jurisdictional waters and other resources. The delineation determines if the project requires an individual permit or if it could fall under a nationwide permit. For scope and costing purposes, Chambers Group assumes the project would qualify for a Nationwide Permit (NWP), which would expedite the permitting process compared to an Individual Permit. If it is determined that a NWP is not valid for the final project description, Chambers Group will inform the City and additional costs may be required, depending on the application requirements. This cost estimate includes preparation of the notification package, including support information in compliance with the NWP and minimal, minor coordination with USACE is included.
Preparation of Written Notification for Water Quality (401) Certification: A water quality certification is required from the RWQCB for any activity that requires a federal license or permit (such as a Section 404 permit) and may result in a discharge to jurisdictional waters. RWQCB requires pre -filing application meetings a minimum of 30 days prior to the submittal of an application. Chambers Group will coordinate the meeting and prepare and submit the necessary documentation to the RWQCB for its review of the project pursuant to water quality certification. Chambers Group will schedule one additional meeting with the RWQCB at the Project site, if necessary, to facilitate the RWQCB's review of the Project and completion of the water quality certification. This cost estimate includes no more than two rounds of comments from RWQCB and those comments do not request or require further study than what is readily available and/or identified in this proposal.
Preparation of CDFW 1600 Permit Application: Chambers Group will prepare and submit a notification to CDFW for a 1600 Lake and Streambed Alteration Agreement (SAA). CDFW has transitioned to an entirely online application process through the Environmental Permit Information Management System (EPIMS). This will require the City to have an account on EPIMS to initiate the permit application and sign any documentation. Chambers Group assumes the City will provide permissions to fill out the application on the City's behalf, but assumes the City will sign the application. Chambers Group will schedule one meeting with CDFW at the Project site, if necessary, to facilitate CDFW's review of the Project and completion of the Agreement. This cost estimate includes no more than two rounds of comments from CDFW and those comments do not request or require further study than what is readily available and/or identified in this proposal.
Permit Application Processing: Chambers Group will coordinate with USACE, CDFW and RWQCB throughout their review of the regulatory permit applications to ensure that any potential concerns are made known to the City and resolved at the earliest possible opportunity. %nr 1979
Professional Environmental Consulting
Services for Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
If the regulatory permits are being prepared in concurrence with the CEQA document rather than subsequent, they will be submitted to the agencies at the time of the Draft circulation to ensure that the permits are processed in a timely manner along with the rest of the Project. This also ensures that the agencies are involved in the preparation of the environmental document and mitigation development, if necessary.
Deliverables: Draft and Final Permit Applications for 404 NWP, 401 WQC, and 1600 LSAA J. Cost Proposal
Submitted in a separate, sealed envelope.
Chambers Group has provided the City with environmental services for several years on various development projects. We are knowledgeable not just on City processes but also with the existing biological and cultural environment within the City and County, as well as agencies and organizations that have interests in the area such as CDFW and various tribal governments.
Est
1979
Professional Environmental Consulting Services for
Cherry Channel Drainage Project
City of Beaumont
CHAMBERS
GROUP
Project Cost
Subtotal
Other
Direct
Costs
Subtotals
Task 1: Project Management and Meetings
$2,896.00
$335.00
$3,231.00
Task 2: Data Gathering and Analyses
$7,340.00
$335.00
$7,675.00
Task 3.1: Geotechnical Investigation
$8,970.00
-
$8,970.00
Task 3.2: Phase I ESA
$6,779.25
-
$6,779.25
Task 4.1: Air/GHG/Noise
$17,940.00
-
$17,940.00
Task 4.2: Bio Survey and Report (with MSHCP
Consistency Analysis)
$14,301.50
$982.40
$15,283.90
Task 4.3: Burrowing Owl (Optional)
$11,796.50
$1,188.02
$12,984.52
Task 4.4: DBESP Report
$7,249.00
$1,520.40
$8,769.40
Task 4.5: Cultural Resources Literature Review,
Desktop Research and Consultation and AB 52
Tribal Consultation
$10,838.00
$1,500.00
$12,338.00
Task4.6: CEQA Documentation (IS/MND)
$36,536.00
$827.00
$37,363.00
Task 5: Jurisdictional Delineation and Regulatory
Permitting
$29,117.50
$646.02
$29,763.52
Tasks Totals
$164,501.75
$7,333.84
$171,835.59
Total with Optional Task
$164,565.59
Total without Optional Task
$151,581.07
't Est
797}
www.chambersgroupinc.con7
City of Beaumont Agreement #
C24-56
EXHIBIT "C"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
CHAMGRO-01
RENAS
ACORO° CERTIFICATE OF LIABILITY INSURANCE
4......----
DATE (MM/DDmmr)
5/10/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License # 0M10410
Armstrong/Robitaille/Riegle Business and Insurance Solutions 1500 Quail St, Suite #100
Newport Beach, CA 92660
CONTACT
NAME;
PHONE FAX
(NC, No, EXt)_(949) 381-7700 I INC, No):(949) 861-9429
R" ss: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A :Nautilus Insurance Company
17370
INSURED
Chambers Group Inc.
3151 Airway Ave, Suite F208
Costa Mesa, CA 92626
INSURER B: Key Risk Insurance Company
10885
INSURER C : Insurance Co of the West
27847
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION N
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUER
MO {MM1Od1YYYYl
POLICY NUMBER
POLICY EFF
POLICY EXP
,jMM/p_O,�YYYj(}
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
X
ECP2026303-16
_
5112/2024
5/12/2025
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
PREM SES i S frencei
$ 100,000
MED EXP /Any one person;
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GENT
AGGREGATE
POLICY
OTHER:
x
LIMIT APPLIES
JECT _
PER:
LOC
GENERAL AGGREGATE
I 2,000,000
$
PRODUCTS - COMP/OP AGG
$ 1,000,000
$
B
AUTOMOBILE
X
_
X
LIABILITY
ANY AUTO
OWNED
AUTO�S ONLY
AIRED
UETOS ONLY
X
SCHEDULED
AUTOS
AUUTOOWNS ONLY
iBAP2037737-12
5/12/2024
5/12/2025
COMBINED SINGLE LIMIT
Es sccident1
1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
Per accRdentDAMAGE
$
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
FFX2026322-16
5/12/2024
5/12/2025
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
10,000,000
DED
RETENTION $
$
C
WORKERS
ND EMPLOYERS COMPENSATION
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN X
N I A
WSD 5055233 04
5/12/2024
5/12/2025
S1ATUtE
IR
E.L. EACH ACCIDENT
5 1,000,000
E.L. DISEASE - EA EMPLOYEE
5 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
A
A
Pollution Liability
Professional Liab.
ECP2026303-16
ECP2026303-16
5/12/2024
5/12/2024
5/12/2025
5/12/2025
Limit
Limit
1,000,000
1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Beaumont, its elected and appointed officers, officials, employees, agents and volunteers are additional insured as their interest may appear as respects the operation of the Named Insured as required by written contract/agreement per the attached forms. Waiver of Subrogation applies to the General Liability per the attached form.30 Days' Notice of Cancellation to certificate holder, 10 days for non-payment of premium.
CERTIFICATE HOLDER
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
(TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US)
AUTOMATIC STATUS - COVERAGE A, B & D
Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-16
5/12/2024
5/12/2025
5/12/2024
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. The following is added to Paragraph 17. Subrogation of SECTION VII - CONDITIONS:
We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D — CONTRACTORS POLLUTION LIABILITY under this policy.
Such waiver by us applies only if:
1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and
2. The insured has waived its right of recovery against such person(s) or organization(s) prior to loss.
This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent.
This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1260 01 21
Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS - COMPLETED OPERATIONS — COVERAGE A, D.1 & D.4 Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-16
05/12/2024
5/12/2025
5/12/2024
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. SECTION III - WHO IS AN INSURED is amended to include as an additional insured:
1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and
2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.
Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement.
Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products -completed operations hazard.
However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and
c. WiII not extend beyond that which is provided to you in this policy.
II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
a. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services.
III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph I.1.; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - ECP 1248 01 21
Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2
REPORTING, DEFENSE, SETTLEMENT & COOPERATION:
1. Duties — Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.
V. SECTION VII — CONDITION 10. — Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:
1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement.
However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance.
VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1248 01 21
Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS - ONGOING OPERATIONS - COVERAGE A, B, D.1 & D.4 Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-16
05/12/2024
5/12/2025
5/12/2024
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. SECTION III - WHO IS AN INSURED is amended to include as an additional insured:
1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and
2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.
Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.
Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above.
However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and
c. Will not extend beyond that which is provided to you in this policy.
A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed.
II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
ECP 1246 01 21
•
Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2
(2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph I.1.; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - REPORTING, DEFENSE, SETTLEMENT & COOPERATION:
1. Duties -- Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit;
b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.
V. SECTION VII — CONDITION 10. — Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:
1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.
However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance.
VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1246 01 21
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BEAUMONT
-CALIFORNIA-
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
Vincent Lopez, Project Manager
DATE June 4, 2024
SUBJECT: Agreement for Environmental Consulting Services for the Cherry Channel Drainage Project
Description Award a Professional Services Agreement (PSA) to The Chambers Group for Environmental Consulting Services for the Cherry Channel Drainage Project.
Background and Analysis:
The City of Beaumont is in the process of preparing engineering design plans to line the Cherry Channel with concrete. The Cherry Channel Drainage Project is an existing trapezoidal earthen channel along Cherry Avenue between Cougar Way and Oak Valley Parkway. The existing channel is lined with a turf -reinforced geo-mat along the side slope and channel bottom. The existing geo-mat is in poor condition with many sections torn or missing. The channel is adversely affected by urban runoff.
The constant supply of nutrient -rich runoff has increased the City's maintenance cost and efforts. The City is seeking to alleviate this increased cost and efforts by lining the section of the channel with concrete. The Project's alignments and grades will be maintained, as well as all existing junction structures for the Channel.
On November 20, 2023, the City Council awarded an agreement to EXP for the engineering design of the Channel. The design of the Channel is currently 30% completed pending any outcomes and finding from the environmental document. Once the environmental document is completed, any findings will be incorporated into the design to complete the plans and specifications.
On February 12, 2024, the City published the request for proposals (RFP) for Environmental Consulting Services in the Public Purchase (City's Procurement System) and the Press Enterprise (local newspaper). On March 1, 2024, the City also published answers to questions posted by interested proposers to the RFP. The proposal due date was extended to March 28, 2024, via Addendum No. 2.
On March 28, 2024, the City received nine (9) proposals from qualified consulting firms interested in providing professional Environmental Consulting Services for the Cherry Channel:
• Compass Consulting
• Jennings Environmental, LLC
• Michael Baker International
• MIG
• Psomas
• The Chambers Group
• UES
• Watearth
• Albert A. Webb and Associates
On April 19, 2024, Staff finalized evaluations and ranked these firms based on top score. Staff opened the top -ranked firm's cost proposal and reviewed its fees. Based on price, the top -ranked firm's cost proposal exceeded the City allocated budget for this service and, therefore, proceeded to open the second -ranked firm's cost proposal. Upon review of this cost proposal, staff scheduled a meeting with The Chambers Group to negotiate their proposed scope of services and fees.
On May 3, 2024, The Chambers Group submitted a revised scope of services and cost proposal to the City. The revised scope of services and cost proposal is commensurate with the scope and fee for the Environmental Consulting Services required for this Project. The cost proposal includes optional items that may be needed pending the results of some of the environmental investigations. If these items are not needed, this will result in a decrease in the final price. Based on the schedule included in the original proposal, The Chambers Group anticipates a six-month duration for submission of the final environmental document, jurisdictional delineation, and preparation of regulatory permit applications.
Fiscal Impact:
The cost of preparing this staff report is estimated to be $750.
The Chambers Group's cost to prepare and complete the required environmental documents is $164,566. Funding for the Project is provided by CIP project R-07 Cherry Channel Drainage. The following is a summary of the project accounting.
R-07 Cherry Channel Drainage
Project Accounting Summary
Funding
Summary
Funding Year
Funding Source
Amount
FY 21/22
General Funds
$750,000
Total Project Funding = $750,000 '
Budget
Summary
Paid to
Remaining
Project Component
Budget
Encumbered
Date
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$7,930
($7,930)
($7,930)
$0
Environmental
$165,000
$0
$0
$165,000
Design
$100,000
$0
$0
$100,000
Construction
$455,000
$0
$0
$455,000
Construction Management
$0
$0
$0
$0
Permits
$22,070
$0 I
$0
$22,070
Equipment
$0
$0
$0
$0
$0
$0
$0
$0
Project Summary Totals
$750,000
($7,930)
, ($7,930)
$742,070
Recommended Action:
Award a Professional Services Agreement to The Chambers Group for Environmental Consulting Services for the Cherry Channel Drainage Project in an amount not to exceed $164,566.
Attachments:
A. Proposal — The Chambers Group
B. Professional Services Agreement — The Chambers Group C. Levine Act Statement
BEAAUMONT
-CALIFORNIA-
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE June 4, 2024
SUBJECT: Agreement for Professional Engineering Services for the I-10 and Oak Valley Parkway Interchange
Description Award a Professional Services Agreement (PSA) to Dokken Engineering for Professional Engineering Services to complete the Project Approval/ Environmental Document (PA/ED) phase of the I-10 and Oak Valley Parkway Interchange Project.
Background and Analysis:
The California Department of Transportation's (Caltrans) approval process consists of various phases to complete new interchange projects. The first phase in their process is the Project Study Report — Project Development Support (PSR-PDS) document which identifies several interchange configuration alternatives. The second phase in the Caltrans approval process is the PA/ED, which results in the selection of a single alternative and the completion of all environmental documentation, including the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance. The third phase in this process is the Plans, Specifications, and Estimates (PS&E) which produce the final engineering design and construction documents needed to advertise the project for construction. All phases require Caltrans' approval and a significant amount of funding.
The City of Beaumont is currently in the PA/ED phase of the Caltrans process for the l- 10 and Oak Valley Parkway Interchange project. In addition to completing the Environmental Impact Report (EIR), the PA/ED phase will also advance preliminary engineering design (up to 30%), the Caltrans-required traffic analysis, geotechnical reports, and associated studies.
The I-10 and Oak Valley Parkway Interchange project will reconstruct the east and westbound entry ramps and widen Oak Valley Parkway within the Caltrans right-of-way to increase the capacity of the general area to reduce local street congestion and accommodate projected growth in the area.
On December 21, 2023, the City published the request for proposals (RFP) for Professional Engineering Services in the Public Purchase (City's Procurement System) and the Press Enterprise (local newspaper). On January 18, 2024, the City also published answers to questions posted by interested proposers to the RFP.
On February 1, 2024, the City received six (6) responses to the RFP from qualified consulting firms interested in providing Professional Engineering Services for the I-10 and Oak Valley Parkway Interchange Project. Over the following weeks, Staff reviewed, evaluated, and scored these proposals. During the week of February 26, 2024, the City held interview presentations with the top three ranked firms as part of the Caltrans consultant selection process.
As a result of these interviews, the City entered negotiations with the top -ranked firm according to the Caltrans Local Assistance Procedures Manual (LAPM). Per the LAPM, the cost proposal for the most qualified consultant was opened and used to begin negotiations. Negotiations regarding the scope of service and price continued for over a month with the top -ranked firm.
On April 26, 2024, the City met with this firm to discuss some of their services and final price. Later that day, the firm submitted its final price to complete this phase of the project. Unfortunately, the City and the firm were not able to reach an agreement on price, and negotiations with this firm ended. On April 29, 2024, a Letter of Appreciation for responding to the RFP was sent to this firm.
It is important to note the Caltrans consultant selection process as specified in the LAPM can be arduous. Per the LAPM, if an agreement cannot be reached with the top - ranked firm, then negotiations proceed to the next most qualified consultant. Each consultant's cost proposal must remain sealed until negotiations commence with that consultant. The goal of negotiations is to agree on a final contract that delivers the services, or products required at a fair and reasonable cost to the Local Public Agency or City. After successful cost negotiations, all remaining sealed envelopes containing cost proposals must be returned to the consultants.
Continuing with the Caltrans process for consultant selection, the City immediately notified the second -ranked firm and began negotiations. On May 1, 2024, the City met with Dokken Engineering to review the scope of services and negotiate costs. Staff emphasized and requested that the prices in their cost proposal be all-inclusive and to revisit some of their costs for certain items in their proposal. On May 3, 2024, Dokken Engineering submitted its revisions and final cost proposal price of $1,989,526. Based on the scope of services requested in the City's RFP, Dokken Engineering's cost proposal is commensurate with the scope and fee for completing the PA/ED phase of the Project. The cost proposal includes planned items that may be needed pending the
results of some of these studies. If these items are not needed, this will result in a decrease in the final price. Based on the schedule included in their proposal, Dokken Engineering anticipates 36 months to complete this phase with Caltrans approvals.
During the PA/ED phase, the City anticipates bringing the following future items before the City Council for discussion:
• Alternatives/Design Configurations
• Preferred Alternative
• Funding
• Plans, Specifications, & Estimates (PS&E) Award
The following are the anticipated milestones related to this PA/ED phase:
• PA/ED Kickoff: End of June 2024
• Preferred Alternative: June 2026
• PA/ED Completion: June 2027
Fiscal Impact:
The cost to prepare this staff report is estimated to be $750. Dokken Engineering's cost proposal to complete the PA/ED phase is $1,989,526. Staff is also requesting a ten percent (10%) contingency in the amount of $199,000 for any unforeseeable costs for additional new studies and reports Caltrans may require during the 36 -month duration to complete the PA/ED phase for a total encumbrance of $2,188,526. Funding for this phase of the Project is allocated from CIP 2017-0271-10 and Oak Valley Parkway Interchange project. This Project currently has a budget of $6,412,113 in Transportation Uniform Mitigation Fees (TUMF) via a Credit Agreement with Pardee Homes and Development Impact Fees (DIF) for both the PA/ED, PS&E, and ROW phases. Please refer to the following summary table for reference.
2017-027 I-10 Oak
Valley Parkway Project Accounting Summary
Funding Summary
Funding Year
Funding Source
Amount
TUMF agreement with
19/20
Pardee
$6,390,000
17/18
Development Impact Fees
$22,113
Total Project Funding = $6,412,113
Budget Summary
Project Component
Budget
Encumbered
Paid to
Date
Remaining
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$38,000
($30,870)
($22,113)
$7,130
Environmental
$2,200,000
$0
$0
$2,200,000
Design
$2,730,000
$0
$0
$2,730,000
Construction
$1,444,113
$0
$0
$1,444,113
Construction Management
$0
$0
$0
$0
Permits
$0
$0
$0
$0
Equipment
$0
$0
$0
$0
$0
$0
$0
$0
Project Summary Totals
$6,412,113
($30,870)
($22,113)
$6,381,243
Recommended Action:
Award a Professional Services Agreement (PSA) to Dokken Engineering to provide Professional Engineering Services to complete the PA/ED phase of the I-10 and Oak Valley Parkway Interchange Project in the amount of $1,989,526 and authorize the City Manager to approve up to a ten percent (10%) contingency of $199,000 for unforeseeable new Caltrans requirements during the PA/ED phase for a total amount not to exceed $2,188,526.
Attachments:
A. Proposal — Dokken Engineering
B. Professional Services Agreement — Dokken Engineering C. Levine Act Statement
BEAUMONT
-CALIFORNIA-
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
Vincent Lopez, Project Manager
DATE June 4, 2024
SUBJECT: Agreement for Environmental Consulting Services for the Cherry Channel Drainage Project
Description Award a Professional Services Agreement (PSA) to The Chambers Group for Environmental Consulting Services for the Cherry Channel Drainage Project.
Background and Analysis:
The City of Beaumont is in the process of preparing engineering design plans to line the Cherry Channel with concrete. The Cherry Channel Drainage Project is an existing trapezoidal earthen channel along Cherry Avenue between Cougar Way and Oak Valley Parkway. The existing channel is lined with a turf -reinforced geo-mat along the side slope and channel bottom. The existing geo-mat is in poor condition with many sections torn or missing. The channel is adversely affected by urban runoff.
The constant supply of nutrient -rich runoff has increased the City's maintenance cost and efforts. The City is seeking to alleviate this increased cost and efforts by lining the section of the channel with concrete. The Project's alignments and grades will be maintained, as well as all existing junction structures for the Channel.
On November 20, 2023, the City Council awarded an agreement to EXP for the engineering design of the Channel. The design of the Channel is currently 30% completed pending any outcomes and finding from the environmental document. Once the environmental document is completed, any findings will be incorporated into the design to complete the plans and specifications.
On February 12, 2024, the City published the request for proposals (RFP) for Environmental Consulting Services in the Public Purchase (City's Procurement System) and the Press Enterprise (local newspaper). On March 1, 2024, the City also published answers to questions posted by interested proposers to the RFP. The proposal due date was extended to March 28, 2024, via Addendum No. 2.
On March 28, 2024, the City received nine (9) proposals from qualified consulting firms interested in providing professional Environmental Consulting Services for the Cherry Channel:
• Compass Consulting
• Jennings Environmental, LLC
• Michael Baker International
• MIG
• Psomas
• The Chambers Group
• UES
• Watearth
• Albert A. Webb and Associates
On April 19, 2024, Staff finalized evaluations and ranked these firms based on top score. Staff opened the top -ranked firm's cost proposal and reviewed its fees. Based on price, the top -ranked firm's cost proposal exceeded the City allocated budget for this service and, therefore, proceeded to open the second -ranked firm's cost proposal. Upon review of this cost proposal, staff scheduled a meeting with The Chambers Group to negotiate their proposed scope of services and fees.
On May 3, 2024, The Chambers Group submitted a revised scope of services and cost proposal to the City. The revised scope of services and cost proposal is commensurate with the scope and fee for the Environmental Consulting Services required for this Project. The cost proposal includes optional items that may be needed pending the results of some of the environmental investigations. If these items are not needed, this will result in a decrease in the final price. Based on the schedule included in the original proposal, The Chambers Group anticipates a six-month duration for submission of the final environmental document, jurisdictional delineation, and preparation of regulatory permit applications.
Fiscal Impact:
The cost of preparing this staff report is estimated to be $750.
The Chambers Group's cost to prepare and complete the required environmental documents is $164,566. Funding for the Project is provided by CIP project R-07 Cherry Channel Drainage. The following is a summary of the project accounting.
R-07 Cherry Channel Drainage Project Accounting Summary Funding Summary
Funding Year
Funding Source
Amount
FY 21/22
General Funds $750,000
Total Project Funding = $750,000
Budget Summary
Project Component
Budget Encumbered
Paid to
Remaining
Date
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$7,930
($7,930)
($7,930)
$0
Environmental
$165,000
$0
$0
$165,000
Design
$100,000
$0
$0
$100,000
Construction
$455,000
$0
$0
$455,000
Construction Management
$0
$0
$0
$0
Permits
$22,070
$0
$0
$22,070
Equipment
$0
$0
$0
$0
•
$0
$0
$0
$0
Project Summary Totals
$750,000
j$7,930)
_ ($7,930)
$742,070
Recommended Action:
Award a Professional Services Agreement to The Chambers Group for Environmental Consulting Services for the Cherry Channel Drainage Project in an amount not to exceed $164,566.
Attachments:
A. Proposal — The Chambers Group
B. Professional Services Agreement — The Chambers Group C. Levine Act Statement
C24-56
Scope of Service: Chambers Group: Professional environmental consultin services for the preparation and submission of the Environmental document Professional Services
Ord. 1160; Chapter 3.02
NTE $74,999.99 (Approval by CM)
❑ Quote (submit to City Clerk's Office for next steps)
❑Certificate of Insurance**
❑ Fully Executed Agreement
❑ Req must be entered & PO issued prior to order being placed.
Over $75,000
IZI Formal RFP or approved exception*
❑ Interviews and selection made (submit to City Clerk's Office for next steps) ❑ Subcommittee review
• Certificate of Insurance**
® Staff Report for City Council approval
• Fully Executed Agreement
❑ Req must be entered & PO issued prior to services commencing.
Insurance Requirements for Services
El General Liability (GL) - $1,000,000/ $2,000,000
® Business Auto Liability (AL) - $1,000,000/ $2,000,000 Workers Comp (WC) - $1,000,000
® Professional Liability (PI / E&O) - $2,000,000
® Additional Insured required for GL & AL
D Waiver of Subrogation required for GL, AL & WC
*Approved Exception List
❑ Legal Services
❑ Emergencies
❑ No competitive market
❑ No responses received
❑ Bidding already completed (Consortium)
Refer to Provisions for Bidding, Contracting and Purchases, Chapter 3.01. -Bidding Requirements Max 7 years: 5 -year w/two 1 -year renewals
City of Beaumont Contract Number:
C24-56.1 Amendment #1
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY
INDEPENDENT CONTRACTOR
THIS FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective upon signature by and between the CITY OF BEAUMONT ("CITY"), a general law city, and THE CHAMBERS GROUP (hereinafter called "CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:
RECITALS
This Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. On June 4, 2024, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor ("Agreement") to provide Environmental Document, jurisdictional delineation, and applications for regulatory permitting; and
B. The CITY and CONTRACTOR now desire to amend the agreement to amend the term of the agreement, not to exceed amount and add an additional proposal as Exhibit Al
AMENDMENT
Section 1. Term of Agreement in accordance with Section 1 of the Agreement, the parties agree to extend the term of the Agreement to September 30, 2025. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate September 30, 2025, unless earlier terminated by the parties in accordance with the Agreement or extended by the parties of the Agreement is hereby amended as follows:
CONTRACTOR agrees to provide the services ("Services") as follows: Additional Environmental Consulting Services ("Services") per Exhibit "A" dated January 7, 2025, and any other services which the City may request in writing. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal.
CONTRACTOR designates Mike McEntee as CONTRACTOR's professional responsible for overseeing the Services provided by CONTRACTOR.
Section 4.01 of the Agreement is hereby amended to increase the maximum compensation under the Agreement as follows: Under the original agreement, compensation was for a not to exceed amount of One Hundred Sixty -Four Thousand Five Hundred Sixty -Six dollars ($164,566). Per this First Amendment, compensation is increased by the amount of Nine Thousand Six Hundred dollars ($9,600), to be billed in accordance with the Proposal attached hereto as "Exhibit A-1" resulting in total compensation under the Agreement not
City of Beaumont Contract Number:
C24-56.1 Amendment #1
to exceed One Hundred Seventy -Four Thousand One Hundred Sixty -Six dollars ($174,166).
Exhibit A-1, Proposal attached hereto, is added to the Agreement and incorporated by this reference.
The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.
Docusign Envelope ID: CCACA294-65DB-425F-B9A2-6D98FA28B2E9 City of Beaumont Contract Number:
C24-56.1 Amendment #1
IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to be effective as of the day and year first above -written.
SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEMENT FOR
SERVICES BY INDEPENDENT CONTRACTOR
CITY OF BEAUMONT
CITY: CON TRACTOR:
CITY OF BEAUMONT THE CHAMBERS GROUP
Coowsiaoea by:
By: ,4,w
Mike McEntee
Print Name:
Title:
CEO
Docusign Envelope ID: CCACA294-65DB-425F-B9A2-6D98FA28B2E9 Cherry Channel SDAM Modeling
City of Beaumont
CHAMBERS
GROUP
January 7,2025
21492
Vincent Lopez, Project Manager
City of Beaumont
550 East 6th Street
Beaumont CA 92223
Project: Change Order #1: SDAM Modeling for the Beaumont Cherry Channel Project Dear Vincent,
Following the pre -application meeting with Jim Mace with the U.S. Army Corps of Engineers (USACE) on December 13 ,2024, it was determined that the jurisdictional delineation that Chambers Group conducted for the Cherry Channel Project (Project) would either be considered a preliminary jurisdictional delineation that considered water indicators as waters present, or the City of Beaumont (City) could conduct a new modeling application (Streamflow Duration Assessment Model, SDAM) that the USACE has adopted that is not a common practice to determine whether the site could be considered outside of USACE jurisdiction. This modeling requires field surveys that collect information regarding the presence or absence of indicator macroinvertebrates, slope, and water depth, regardless of how frequently water flows. It was discussed that although the majority of the channel remains dry, recent regulations do not take into account the source of the water, so even artificial sources such as sprinklers or commercial and residential runoff are considered a source of water input. The modeling would be required to rule out jurisdiction. Chambers Group will conduct a field survey to collect this information required to input in the model to determine whether the channel would be considered jurisdictional to USACE. Chambers Group cannot foresee or guarantee the outcome of the modeling, either jurisdictional or not. Chambers Group would provide the online results to the City and will coordinate with USACE the findings. Coordination with USACE would continue under the existing task for agency coordination and is not included as part of this task. The cost for the field survey and modeling will be billed on a fixed fee basis and is outlined below.
Tasks
Cost
Task 5.1: SDAMP Field Survey
$4,578.00
Task 5.2: SDAMP Form
$5,022.00
Total
$9,600.00
Authorization
All services proposed under this Change Order Number _01_, will be performed in accordance with the terms and conditions as set forth in the Agreement number: C24-56, dated June 2024. Chambers Group considers the pricing and other business information the property of Chambers Group. This proposal and the information contained herein shall not be used for any purpose other than as specifically stated and shall not be disclosed to any other party without Chambers Group's written consent.
If this scope of work and cost meet with your satisfaction, please execute this letter and return it to Chambers Group as our authorization to begin work. The schedule and cost quoted herein are valid for 30 days.
M
Est
X41 .1979
age'i1S6 bf51'9`
Docusign Envelope ID: CCACA294-65DB-425F-B9A2-6D98FA28B2E9 Cherry Channel SDAM Modeling
City of Beaumont
CHAMBERS
GROUP
Thank you for the opportunity to provide this proposal, and we look forward to having the opportunity to continue working with you. Please call or email me if you have any questions or comments regarding this change order at:
949.261.5414: x7325 [email protected].
Sincerely, Authorized By:
CHAMBERS GROUP, INC. City of Beaumont
Eunice Bagwan
Project Manager
�1 262c
Date
Est
•I'ik 1979
2
RENAS
ACORO'
(--_____--- CERT IC TE OF LllQ C HLITY 0IMSU ° CIE
DATE (MM/DDIYYYY)
5/10/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License # 0M10410
Armstrong/Robitaille/Riegle Business and Insurance Solutions 1500 Quail St Suite #100
Newport Beach, CA 92660
CONTACT
NAME:
PHONE FAX
(NC, No, al): (949) 381-7700 (A/C, No(949) 861-9429
E-MADDRESS: [email protected]
INSURER(SI AFFORDING COVERAGE
NAIC #
INSURER A: Nautilus Insurance Company
17370
INSURED
Chambers Group Inc.
3151 Airway Ave, Suite F208
Costa Mesa, CA 92626
INSURER a:Key Risk Insurance Company
10885
INSURER C :Insurance Co of the West
27847
INSURER D:
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
LMM!DDIYYYY)
POLICY EXP
(MM!DD!YYYYI
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
X
ECP2026303-16
5/12/2024
5/12/2025
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGES (RENTED
PREMISES (Ea NTED nce)
S 100,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
S 1,000,000
GEN'L
AGGREGATE
x
LIMIT APPLIES
JECT
PER:
LOC
_GENERAL AGGREGATE
S 2,000,000
PRODUCTS - COMP/OP AGG
$ 1,000,000
S
B
AUTOMOBILE
X
-
_
X
LUIBILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
-
x
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
BAP2037737-12
5/12/2024
5112/2025
COMBINED SINGLE LIMIT
(Ea accident)
S 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
S
PROPERTY DAMAGE
(Per accident)
S
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
FFX2026322-16
5/12/2024
5/12/2025
EACH OCCURRENCE
$ 10,000,000
AGGREGATE
$ 10,000,000
DED T RETENTION S
S
C
ANDR COMPENSATION
EMPLOYERS' LIABILIITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
�,/ N
N / A
WSD 5055233 04
5/12/2024
5/12/2025
X
STATUTE
EERH
E.L. EACH ACCIDENT
S 1,000,000
E.L. DISEASE - EA EMPLOYEE
S 1,000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
A
A
Pollution Liability
Professional Liab.
ECP2026303-16
ECP2026303-16
5/12/2024
5/12/2024
5/12/2025
5/12/2025
Limit
Limit
1,000,000
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Beaumont, its elected and appointed officers, officials, employees, agents and volunteers are additional insured as their interest may appear as respects the operation of the Named Insured as required by written contract/agreement per the attached forms. Waiver of Subrogation applies to the General Liability per the attached form.30 Days' Notice of Cancellation to certificate holder, 10 days for non-payment of premium.
CERTIFICATE HOLDER
CANCELLATION
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, - NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
�IM'
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name alidElge zIr8pOlte4a9marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
(TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US)
AUTOMATIC STATUS - COVERAGE A, B & D
Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-16
5/12/2024
5/12/2025
5/12/2024
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. The following is added to Paragraph 17. Subrogation of SECTION VII - CONDITIONS:
We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D — CONTRACTORS POLLUTION LIABILITY under this policy.
Such waiver by us applies only if:
1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and
2. The insured has waived its right of recovery against such person(s) or organization(s) prior to loss.
This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent.
This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1260 01 21
Includes copyrighted material oifia ran rae5gf{5.e, Inc., used with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS - COMPLETED OPERATIONS - COVERAGE A, D.1 & D.4 Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-16
05/12/2024
5/12/2025
5/12/2024
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. SECTION III — WHO IS AN INSURED is amended to include as an additional insured:
1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and
2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.
Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement.
Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products -completed operations hazard.
However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and
c. WII not extend beyond that which is provided to you in this policy.
II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
a. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services.
III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph 1.1.; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - ECP 1248 01 21
Includes copyrighted material $5I pnet r re5EVAce, Inc., used with its permission. Page 1 of 2
REPORTING, DEFENSE, SETTLEMENT & COOPERATION:
1. Duties — Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.
V. SECTION VII — CONDITION 10. — Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:
1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement.
However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance.
VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1248 01 21
Includes copyrighted material optagtricpg5n6,9331rige, Inc., used with its permission. Page 2 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS - ONGOING OPERATIONS — COVERAGE A, B, D.1 & D.4 Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-16
05/12/2024
5/12/2025
5/12/2024
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. SECTION III - WHO IS AN INSURED is amended to include as an additional insured:
1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and
2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.
Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.
Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above.
However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and
c. Will not extend beyond that which is provided to you in this policy.
A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph t above are completed.
H. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
ECP 1246 01 21
Includes copyrighted material a sl@nqe r e5Cif e, Inc., used with its permission. Page 1 of 2
(2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph I.1.; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - REPORTING, DEFENSE, SETTLEMENT & COOPERATION:
1. Duties — Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit;
b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.
V. SECTION VII — CONDITION 10. — Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:
1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.
However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance.
VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1246 D1 21
Includes copyrighted material cribt@n rve55 fy,e, Inc., used with its permission. Page 2 of 2
City of Beaumont Contract Number:
C24-56 A2
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY
INDEPENDENT CONTRACTOR
THIS SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR ("Amendment") is made and effective upon signature by and between the CITY OF BEAUMONT ("CITY"), a general law city, and THE CHAMBERS GROUP (hereinafter called "CONTRACTOR") in consideration of the mutual promises and purpose contained herein, the parties agree as follow:
RECITALS
This Amendment is made with respect to the following facts and purpose that the parties agree are true and correct:
A. WHEREAS, on June 4, 2024, CITY and CONTRACTOR entered into that certain agreement entitled "Agreement for Professional Services by Independent Contractor ("Agreement") to provide Environmental Consulting Services for the Cherry Channel Drainage Project (CIP R-07).
B. WHEREAS, on March 4, 2025, the CITY and CONTRACTOR amended the agreement term and added additional Environmental Consulting Services for Biological Surveys (Amendment 1); and,
C. WHEREAS, the CITY desires to extend the contract term, allowing the CONTRACTOR to continue providing Environmental Consulting Services provided in the original agreement.
AMENDMENT
Section 1. Term of Agreement in accordance with Section 1 of the Agreement, the parties agree to extend the term of the Agreement to September 30, 2026. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate September 30, 2026, unless earlier terminated by the parties in accordance with the Agreement or extended by the parties of the Agreement is hereby amended as follows:
CONTRACTOR agrees to provide the services ("Services") as follows: Environmental Consulting Services ("Services") and any other services which the City may request in writing. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates Mike McEntee as CONTRACTOR's professional responsible for overseeing the Services provided by CONTRACTOR.
The recitals to this Amendment are deemed incorporated herein by this reference. All other terms of the Agreement not expressly amended by this Amendment shall remain in full force and effect.
Docusign Envelope ID: 6C9B1A62-5B09-4592-82D2-2DD7CA6A9F97 City of Beaumont Contract Number:
C24-56 A2
IN WITNESS WHEREOF, the parties hereby have made and executed this Amendment to be effective as of the day and year first above -written.
SIGNATURE PAGE TO SECOND AMENDMENT TO AGREEMENT FOR
SERVICES BY INDEPENDENT CONTRACTOR
CITY OF BEAUMONT
CITY: CONTRACTOR:
CITY OF BEAUMONT THE CHAMBERS GROUP
roocur9nea by:
By: 444207C 1 rEiDa3A
Mike McEntee
By: Print Name:
Mike Lara, Mayor
Title:
CEO
Docusign Envelope ID: 6C9B1A62-5B09-4592-82D2-2DD7CA6A9F97 City of Beaumont Contract Number:
C24-56 A2
EXHIBIT "A"
PROPOSAL
CHAMGRO-01
RENAS
,
,acoRO CERTIFICATE OF LIABILITY INSURANCE
kii..-------
DATE (MM/DD/YYYY)
5/12/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER License # 0M10410
Armstrong/Robitaille/Riegle Business and Insurance Solutions 18575 Jamboree Rd, Ste 500
Irvine, CA 92612-2545
CONTACT
NAME:
PHONE
(A/c No, Ext): (949) 381-7700 (A/C, No): (949) 861-9429 ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Nautilus Insurance Company
17370
INSURED
Chambers Group Inc.
3151 Airway Ave, Suite F208
Costa Mesa, CA 92626
INSURER B : Key Risk Insurance Company
10885
INSURER C : Hartford Underwriters Insurance Company
30104
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
X
X
ECP2026303-17
5/12/2025
5/12/2026
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE IX OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
100,000
$
X
Ded: $1,000
_$ 10'000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE LIMIT APPLIES
POLICY JECT I X PRO- LOC
OTHER:
PER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLLUTION PROFE
$ 1,000,000
B
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
OWNED
_
X
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
BAP2037737-13
5/12/2025
5/12/2026
COMBINED SINGLE LIMIT
(Ea accident)
1,000,000
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident)
$
_
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
FFX2026322-17
5/12/2025
5/12/2026
EACH OCCURRENCE
10,000,000
$
AGGREGATE
$ 10,000,000
DED I RETENTION $
$
C WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N
N / A
72WECBR4W3D
5/12/2025
5/12/2026
X PER OTH-
STATUTE i I ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1'000,000
E.L. DISEASE - POLICY LIMIT
1,000,000
$
A
A
Pollution Liability
Professional Liab.
ECP2026303-17
ECP2026303-17
5/12/2025
5/12/2025
5/12/2026
5/12/2026
Limit
Limit
1,000,000
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Beaumont, its elected or appointed officers, officials, employees, agents and volunteers are additional insured as their interest may appear as respects the operation of the Named Insured as required by written contract/agreement per the attached forms. Waiver of Subrogation applies to the General Liability per the attached form.
CERTIFICATE HOLDER
CANCELLATION
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
P�Cje 191 of 51 Q © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and o are registerea marks of ACORD
POLICY NUMBER: BAP2037737-13 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: Chambers Group, Inc.
Endorsement Effective Date:
05/12/2025
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured
Information recuired to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery
Against Others To Us condition does not
apply to the person(s) or organization(s)
shown in the Schedule, but only to the extent
that subrogation is waived prior to the
"accident" or the "loss" under a contract with
that person or organization.
CA 04 44 10 13
© Insuranft§@rviir afFi lnc., 2011 Page 1 of 1
Policy#: BAP2037737-13 COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance - Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:
1. Such "insured" is a Named Insured under such
other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
CA 04 49 11 16
© Insurance Services Office, Inc., 2016 Page 1 of 1
Policy#: BAP2037737-13
ENDORSEMENT
This endorsement forms a part of the policy to which it is attached. Please read it carefully.
BUSINESS AUTO - ADDITIONAL INSURED
WHEN REQUIRED BY CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section II — Liability Coverage A. — Coverage, 1. Who is an Insured, is amended to add:
d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of:
1. The coverage and/or limits of this policy; or
2. The coverage and/or limits required by said contract or agreement.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
BENV CA 06 09 17
Includes copyrighted materialooff IInnssuurance �S r e,5 Q ice, Inc., with its permission. 194 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
(TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US)
AUTOMATIC STATUS -COVERAGE A, B & D
Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-17
5/12/2025
5/12/2026
5/12/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. The following is added to Paragraph 17. Subrogation of SECTION VII - CONDITIONS:
We waive any right of recovery against any person(s) or organization(s) because of payments we make under
COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D- CONTRACTORS POLLUTION LIABILITY under this policy.
Such waiver by us applies only if:
1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and
2. The insured has waived its right of recovery against such person(s) or organization(s) prior to loss.
This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent.
This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1260 01 21
9 Includes copyrighted material of Ininsurancee 1 r iceofs �fticce, Inc., used with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS -COMPLETED OPERATIONS -COVERAGE A, D.1 & D.4 Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-17
05/12/2025
5/12/2026
5/12/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. SECTION I II - WHO IS AN INSURED is amended to include as an additional insured:
1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and
2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.
Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement.
Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 - Contractors Pollution Legal Liability and Coverage D.4 - Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products -completed operations hazard.
However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and
c. Will not extend beyond that which is provided to you in this policy.
II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
a. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services.
III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph 1.1.; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - ECP 1248 01 21 Includes copyrighted material of Rage 1 Pe6rvigfs Wtticce, Inc., used with its permission.
REPORTING, DEFENSE, SETTLEMENT & COOPERATION:
1. Duties -- Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.
V. SECTION VII - CONDITION 10. - Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:
1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement.
However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance.
VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1248 01 21
Includes copyrighted material of InsSuPannc e 1 er7 ices �fticce, Inc., used with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS -ONGOING OPERATIONS -COVERAGE A, B, D.1 & D.4 Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-17
05/12/2025
5/12/2026
5/12/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. SECTION III - WHO IS AN INSURED is amended to include as an additional insured:
1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and
2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.
Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.
Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 - Contractors Pollution Legal Liability and Coverage D.4 - Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above.
However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and
c. Will not extend beyond that which is provided to you in this policy.
A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed.
II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
ECP 1246 01 21
Includes copyrighted material of ins nce e 1 prvOfs u ice, Inc., used with its permission.
(2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE:
The most we will pay on behalf of the additional insured is the amount of insurance:
1. Required by the contract or agreement described in Paragraph 1.1.; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - REPORTING, DEFENSE, SETTLEMENT & COOPERATION:
1. Duties -- Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit;
b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.
V. SECTION VII - CONDITION 10. - Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:
1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.
However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance.
VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1246 01 21
Includes copyrighted material of ins nnce1 prv0fsgice, Inc., used with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO DESIGNATED PERSON OR ORGANIZATION Policy Number
Policy Effective Date
Policy Expiration Date
Endorsement Effective
Date
ECP2026303-17
05/12/2025
5/12/2026
5/12/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
The following is added to SECTION VII - CONDITIONS 2. Cancellation:
SCHEDULE
Number of Days Advance Notice Of Cancellation:
Thirty (30) Days
Name and Address of Designated Person(s) or
Organization(s):
Information required to complete this Schedule, if not
shown above, will be provided to the Company by the
Broker of Record immediately upon our request. Failure to furnish this information promptly, or providing incomplete or inaccurate information will relieve us of our obligations under this endorsement.
Additional Premium:
$0
In consideration of the payment of an additional premium, and notwithstanding anything contained in the policy to the contrary, it is understood and agreed that ifwe cancel this policy on or before the expiration date set forth in the Declarations, we will mail or deliver to the first Named Insured at the last known address, and the person(s) or organization(s) at the address designated in the SCHEDULE above, written notice of cancellation not less than the number of days shown in the SCHEDULE before the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period.
This endorsement shall not apply if:
1. We cancel due to non-payment of premium, or
2. The policy is non -renewed for any reason.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 123410 21
Includes copyrighted material of IInns ence go of 5 t9
e Oe Oiiice, Inc., used with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 72 WEC BR4W3D Endorsement Number:
Effective Date: 05/12/25 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address: Chambers Group, Inc.
3151 AIRWAY AVE
COSTA MESA CA 92626
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date: 05/09/25
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Robert Vestal, Public Works Director
DATE: September 16, 2025
SUBJECT: Beaumont -Cherry Valley Water District Annual Encroachment Cooperative Agreement
Description: Extension of Annual Cooperative Agreement (Annual Permit) for Beaumont -Cherry Valley Water District (BCVWD) Right -of -Way Encroachments and Pavement Restoration.
Background and Analysis:
On September 3, 2024, the City Council authorized the City Manager to execute the City of Beaumont and Beaumont Cherry Valley Water District Cooperative Agreement Regarding Right -of -Way Encroachments & Pavement Restoration.
The Initial Term of the Annual Permit commenced on September 4, 2024, and remained in effect for one year. The Initial Term was considered a "proving period" to evaluate the overall effectiveness of the Agreement and to verify BCVWD's compliance with California Water Code §22431, requiring restoration of the City's public streets. Refer to Table 1 for a summary of encroachment permits.
Table 1 — Summary of BCVWD Encroachment Permits (Sep. 4, 2024 — Present) Description
Total
BCVWD No. of Permits Received
33 BCVWD No. of Permits in Moratorium Zones
18 Upon the expiration of the Initial Term, the City Council may authorize the City Manager to execute an extension of the Annual Permit for a one-year Renewal Term. Following the first extension, the Annual Permit may be automatically extended by the City Manager for subsequent one year Renewal Terms.
BCVWD has formally requested that the City consider a one-year extension of the Annual Permit beyond the Initial Term. City staff recommends that the City Council authorize the City Manager to execute a one-year extension of the Annual Permit with BCVWD.
Fiscal Impact:
The estimated cost to prepare this staff report is $350.
All fees related to the Annual Permit will be deposited into the General Fund via the account GL100-0000-4325-0000. City inspections, if any, will be paid through the Public Works Department's operational budget.
Recommended Action:
Authorize the City Manager to Execute the City of Beaumont and Beaumont -Cherry Valley Water District Cooperative Agreement Extension Regarding Right -of -Way Encroachments and Pavement Restoration.
Attachments:
A. BCVWD Request for Extension Letter
B. Cooperative Agreement Elements Checklist
C. List of Encroachment Permits
Board of Directors
Andy Ramirez
Division 1
Lona Williams
Division 2
Daniel Slawson
Division 3
John Covington
Division 4
David Hoffman
Division 5
Beaumont -Cherry Valley Water District
560 Magnolia Avenue, Beaumont, CA 92223
www.bcvwd.org
August 12, 2025
Robert Vestal
Public Works Director
City of Beaumont
550 E. Sixth Street
Beaumont, CA 92223
Request for Extension — Cooperative Agreement for Right -of -Way Encroachments & Pavement Restoration
Dear Mr. Vestal,
Pursuant to Section 2.3 and 2.4 of the 2024 Cooperative Agreement between the City of Beaumont and the Beaumont -Cherry Valley Water District (BCVWD), this letter serves as BCVWD's formal request for a one-year extension of the Agreement beyond the Initial Term ending September 3, 2025.
Throughout the proving period, BCVWD has:
Complied with the restoration requirements of California Water Code §22431. • Followed the BCVWD Paving Restoration & Trench Repair Standard Attachment 3 of the Agreement).
• Maintained required insurance, provided timely notifications, and implemented traffic control measures consistent with MUTCD/WATCH guidelines. • Completed restoration work within the required timeframes and addressed any warranty -related issues promptly.
We believe the Agreement has effectively met the mutual objectives of protecting the City's street infrastructure, facilitating timely water system repairs, and ensuring public safety.
We respectfully request that the City Council formally consider and approve a one-year Renewal Term as provided under Section 2.4, with the City Manager executing the extension. BCVWD looks forward to continuing our cooperative partnership with the City of Beaumont.
Dan Jaggers, General Manager
Beaumont -Cherry Valley Water District
t. Tel: (951) 845-9581 I Fax: (951) 845-0159
g5 Email: [email protected]
1
Cooperative Agreement for Right -of -Way Encroachments & Pavement Restoration Request for Extension 2025 I Required Elements in 2024 Agreement
1. Term & Extension Process
• Initial Term: 1 year "proving period" starting on the Effective Date (Sept. 4, 2024). • Extension Criteria:
o Periodic meetings to evaluate effectiveness.
o City Council must be satisfied that BCVWD complied with California Water Code §22431 (restore streets to prior condition).
o First extension: 1 year, approved by City Council, executed by City Manager. o After first extension: Possible automatic one-year renewals if both parties agree and City is satisfied.
2. Scope of Work
• Annual permit issued for BCVWD to perform:
o Maintenance, minor repairs, emergency repairs, installations, removals. • Must comply with BCVWD Paving Restoration & Trench Repair Standard (Attachment 3).
• Traffic control per MUTCD/WATCH standards.
• Weekly notification to City Public Works Department.
• Advance notification to BUSD for work near school zones.
3. Warranty & Restoration
• BCVWD provides warranty for trench and pavement repairs (with defined exceptions). • Restoration required within 60 days of work completion. • Must meet compaction and material standards (90% pipe zone, 95% base, Greenbook standards for asphalt).
4. Moratorium Streets
• Special notification and restoration requirements when cutting into streets within the City's 3- or 5 -year moratorium period.
• BCVWD Standard allowed as alternative to City's default restoration standard.
5. Inspections
• City may inspect and test backfill compaction.
• BCVWD responsible for inspections and testing to ensure standards.
6. Fees & Payment
• Annual Permit Fee: $3,660 (adjusted annually by CPI -U). • Additional charges possible for failed repairs.
7. Insurance & Liability
• Commercial general liability: $2M per occurrence, $5M aggregate. • Auto coverage: $1M per accident.
• Workers' compensation coverage required.
• Indemnification clause protecting the City from claims arising from BCVWD's work.
8. Termination
• Either party can terminate with 10 days' written notice.
Steps to Extend the Agreement
1. Performance Review
o Collect documentation of compliance:
• Restoration timelines met.
• Inspection/test results.
• Warranty claims addressed.
• Communication logs with City and BUSD.
2. Meet with City Staff
o Discuss overall effectiveness.
o Provide proof of compliance with §22431 and BCVWD standards.
3. City Council Consideration
o Formal presentation or report to City Council.
o Request Council's approval for extension.
4. City Manager Execution
o If approved, City Manager signs 1 -year renewal.
5. Prepare Documentation
o Draft and send formal letter requesting extension.
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EP2024-0165 1051 E. 9th Street
Annual Encroachment Permit
Request for Developer
EP2025-0051
Non -Moratorium Leaks
EP2025-0056
EP2025-0100
1517 Sequoia
702 Canyon Crest
li 1451 Sagebrush
1017 Michigan
1270 Massachusetts Ave
884 Wel!wood Avenue
1001 Palm Ave
716 Chestnut Ave
185 Maple Ave
11th Street & Palm Ave
876 Wellwood
520 Cynthia Street
1085 Palm Ave
885 12th Street
655 California Avenue
917 Wisley Avenue
515 Egan Avenue
876 WeElwood Ave
614 Citrus Street
352 W 6th Steet
790 California Avenue
673 American Avenue
1010 Pennsylvania Avenue
1102 Piadka Avenue
1251 Elm Avenue
1274 N. California Avenue
642 E 12th Street
939 E 10th Street
849 N. California Ave
2024 Replacement Pipelines
827 N. California Ave
1695 Vasili
1273 Michigan Ave
1627 Azalea Ct
311 E 1st Steet
Palmer Ave North of Morris Street
425 Egan Avenue
No Leak
No Leak
9/18/2024
9/19/2024
9/16/2024
9/24/2024
10/15/2024
10/21/2024
10/24/2024
10/23/2024
11/4/2024
11/4/2024
11/5/2024
11/7/2024
11/20/2024
11/22/2024
11/25/2024
12/10/2024
12/16/2024
12/18/2024
12/26/2024
1/14/2025
1/14/2025
1/14/2025
1/13/2025
2/18/2025
2/19/2025
2/24/2025
N/A
N/A
3/5/2025
N/A
4/7/2025
4/7/2025
4/9/2025
N/A
N/A
N/A
7/21/2025
8/26/2024
9/9/24 Email
9/24/2024
9/24/2024
9/24/2024
9/24/2024
10/22/2024
10/22/2024
10/24/2024
10/24/2024
11/7/2024
11/7/2024
11/12/2024
11/12/2024
11/25/2024
11/25/2024
11/27/2024
12/11/2024
12/17/2024
12/23/2024
12/30/2024
1/16/2025
1/16/2025
1/16/2025
2/24/2025
2/24/2025
2/24/2025
2/24/2025
3/19/2025
3/19/2025
3/24/2025
4/1/2025
4/9/2025
4/9/2025
4/14/2025
5/5/2025
4/14/2025
6/30/2025
8/4/2025
8/26/2024
9/24/2024
9/24/2024
9/24/2024
9/25/2024
10/22/2024
10/22/2024
10/24/2024
10/24/2024
11/7/2024
11/7/2024
11/12/2024
11/12/2024
11/25/2024
11/25/2024
11/27/2024
12/17/2024
12/17/2024
12/23/2024
12/30/2024
1/16/2025
1/16/2025
1/16/2025
2/24/2025
2/24/2025
2/24/2025
2/24/2025
3/19/2025
3/19/2025
3/24/2025
4/1/2025
4/9/2025
4/9/2025
4/14/2025
4/14/2025
6/30/2025
8/4/2025
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
Approved
9/3/2024
9/25/2024
9/25/2024
9/25/2024
9/25/2024
10/23/2024
10/23/2024
10/25/2024
10/25/2024
11/8/2024
11/8/2024
11/13/2024
11/13/2024
11/25/2024
11/25/2024
11/27/2027
9 $500.96 16092 2/4/2025 City request to replace water service lines for city paving project. $3,660.00 City of Beaumont and BCVWD Agreement Approved on 9/3/24 4/10/2025 New form. Do not have the leak date
16345 4/10/2025
4/10/2025
16092 2/4/2025
16092 2/4/2025
4/10/2025
16092 2/4/2025
16092 2/4/2025
16092 2/4/2025
16421 5/21/2025
16345 4/10/2025
16092 2/4/2025
16092 2/4/2025
2/4/2025
12/9/2024 Concrete - in house
16092 2/4/2025
Approved 12/18/2024
Located in Alley - Vestal stated no exception is needed 1./2/25. James stated to continue to submit permits located Approved 1/6/2025 16092
Rejected. That portion of Pennsylvania is no longer under moratorium.
Radka is not a moratorium street.
Rejected Vestal stated the moratorium on Elm has expired Rejected. That portion of California Ave is no longer under moratorium.
Approved 4/22/2025
Approved 4/18/2025 Fees Paid 5/5/25
Approved 3/28/2025
Approved
Approved
Approved
Approved
Approved
$660 deposit was paid.
12/31/2024 Concrete - in house
in the alley
2/4/2025
7/22/2025
16641 7/22/2025
16641 7/22/2025
16345 4/10/2025
16641 7/22/2025
7/22/2025
7/22/2025
Additional cost for pavement 16569 6/17/2025
Glen View High School (Fees delayed by School District) Scheduled for 9/11/2025 Multiple Locations
4/9/2025
4/9/2025
4/15/2025
Email from Julian
4/29/2025 Request by Developer $810.83 Paid 5/7/25
7/30/2025 Work must be complete by end of August
16345 4/22/2025
16345
16345
16345
16569
4/22/2025
4/22/2025
4/22/2025
6/17/2025
CIP Projects with individual Eps
Ziggy's Coffee Shop Work Complete Scheduled for Paving
Palmer PRV Currently under construction
16641 7/22/2025
Non -Moratorium Leaks
Non -Moratorium Leaks
Non -Moratorium Leaks
Non -Moratorium Leaks
Non -Moratorium Leaks
Non -Moratorium Leaks
Non -Moratorium Leaks
Non -Moratorium Leaks
Non -Moratorium Leaks
Non -Moratorium Leaks
Amazon Leak
Golf Club Dr
llth & Euclid (intersection)
1165 Palm Ave
1165 Pennsylvania Ave
500 Minika Ct
498 W 6th St
875 Edgar Ave
533 E. 3rd Street
320 E 6th Street
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
8/1/2025
8/1/2025
8/1/2025
8/1/2025
8/1/2025
8/1/2025
8/12/2025
8/12/2025
8/12/2025
8/12/2025
8/12/2025
9/9/2025
9/9/2025
9/9/2025
Email from Julian
Email from Julian
Email from Julian
Email from Julian
Email from Julian
Email from Julian
Email from Julian
Email from Julian
Email from Julian
Email from Julian
No response from City as of 8/28/25
Email from Julian
Email from Julian
Email from Julian
James asked me to start tracking 8/4/25. Quarterly email goes to Robert Vestal 925 Chestnut Ave
Non -Moratorium Leaks
Non -Moratorium Leaks
Non -Moratorium Leaks
668 Vallecito Ave
1212 Pennsylvania Ave
1163 Elm Ave
7/15/2025
9/4/2025
9/4/2025
8/26/2025
Scheduled
Scheduled
Scheduled
Scheduled
Scheduled
Scheduled
Scheduled
Scheduled
Scheduled
Scheduled
Scheduled
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Water Reclamation
Sunshine Sanchez, Management Analyst
DATE: September 16, 2025
SUBJECT: Follow -Up Report No. 11 — 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.
On August 19, 2025, the City Council re -ratified the Local Emergency Declaration through a fourth resolution.
On September 2, 2025, staff provided the City Council with an update on pursuing environmental permits retroactively.
Staff are currently coordinating with applicable agencies for permitting.
The costs are displayed in the table below:
Expenditures as of September 2, 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. Resolution Re -ratifying State of Emergency
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.
WHEREAS, on August 19, 2025, staff provided an update to the City Council and re -ratified the Local Emergency Declaration through a fourth resolution.
WHEREAS, on September 2, 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.
1
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.
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 16th day of September 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
BEAUMONTA O R N -
Staff Report
TO: City Council
FROM: Chris Ramos, Police Chief
Nathan Lunt, Police Lieutenant
DATE: September 16, 2025
SUBJECT: Agreement for Contractual Services Between City of Beaumont and County of Riverside, Riverside University Health System -Behavior Health for Crisis Triage behavioral Health Services
Description: Approve the renewal agreement for contractual services between the City of Beaumont and County of Riverside, Riverside University Health System -Behavior Health for crisis triage behavioral health services and authorize the City Manager to sign the agreement.
Background and Analysis:
In November 2021, the City of Beaumont entered into a partnership with the County of Riverside, Riverside University Health System — Behavioral Health (RUHS-BH) for a part-time Clinical Therapist. The Beaumont Police Department (BPD) Homeless Liaison Officer (HLO) and the Clinical Therapist partnership has formed the Community Behavioral Assessment Team (CBAT).
CBAT's purpose is to intercede with individuals experiencing a mental health crisis and find long-term solutions to the ongoing mental health issues encountered in the community. CBAT's resources include partnerships with the Banning Police Department and Riverside County Sheriff's Department within the City of Calimesa and the Cabazon community.
CBAT's mission is to develop a multi -agency partnership to increase collaboration of service providers to assist the homeless in becoming self-sufficient. The team maintains ongoing personal contact between the HLO and homeless individuals to foster trust and facilitate referrals to service providers. CBAT and the Community Oriented Policing and Problem Solving (COPPS) Team work closely with county resources and local outreach organizations to coordinate housing, employment, and mental health services.
At each call CBAT responds to, the clinician takes the lead role in evaluating the behavioral health issue, while the officers provide safety oversight and law enforcement expertise. Individuals and their families are provided with immediate behavioral health resources to support them and their family members in maintaining safety. This model also assists in keeping police officers in the field and available to respond to other high - priority emergency calls.
Entering into this agreement will allow the Beaumont Police Department and RUHS-BH to continue their partnership through June 30, 2026.
Fiscal Impact:
Renewing this agreement has no cost to the City. RUHS-BH will fully fund one (1) Clinical Therapist position, and no offset is required from the Beaumont Police Department. The Beaumont Police Department is not responsible for reimbursing any costs associated with the Clinical Therapist position.
The cost of completing this staff report was $500.
Recommended Action:
Approve and Authorize the City Manager to sign the renewal Agreement for Contractual Services Between City of Beaumont and County of Riverside, Riverside University Health System -Behavior Health for Crisis Triage Behavioral Health Services.
Attachments:
A. Cooperative Agreement between County of Riverside University Health System — Behavioral Health and the City of Beaumont for Crisis/Triage Behavioral Health Services.
COOPERATIVE AGREEMENT
BETWEEN
COUNTY OF RIVERSIDE
RIVERSIDE UNIVERSITY HEALTH SYSTEM - BEHAVIORAL HEALTH
AND
THE CITY OF BEAUMONT
FOR CRISIS/TRIAGE BEHAVIORALHEALTH SERVICES
THIS COOPERATIVE AGREEMENT ("AGREEMENT") is entered into by and between the County of Riverside, Riverside University Health System - Behavioral Health (hereinafter "RUHS-BH") and the City of Beaumont, a California charter city and municipal corporation, through the City of Beaumont Police Department (hereinafter `BEAUMONT PD") and is based on the following representations and statements of purpose (collectively "Parties" and each a "Party").
WHEREAS, the purpose and intent of the General Community Outreach through the Behavioral Health/Law Enforcement Collaborative, is to allow Behavioral Health Service Staff to team with Law Enforcement and respond to 9-1-1 calls involving behavioral health issues; and WHEREAS, BEAUMONT PD desires to enter into a Cooperative Agreement for Crisis/Triage Behavioral Health Services;
WHEREAS, BEAUMONT PD desires to enter into the Behavioral Health Crisis Intervention Team program in order to decrease adverse incidents involving behaviorally ill people;
WHEREAS, RUHS-BH and BEAUMONT PD desire to enter into the program detailed in the Cooperative Agreement;
WHEREAS, RUHS-BH is qualified to provide crisis/triage behavioral health service employees; and
WHEREAS, the AGREEMENT will serve as an understanding of the roles, responsibilities and services to be provided by BEAUMONT PD and RUHS-BH.
NOW, THEREFORE, Parties mutually agree as follows:
I. SCOPE OF SERVICE
The purpose of the AGREEMENT between Parties is to outline the roles and duties of these agencies to provide crisis/triage behavioral health and homeless outreach services.
II. PROGRAM GOALS
A. Provide alternatives to those at risk of injury or death without appropriate behavioral health/substance use crisis/triage services provided directly in the community in collaboration with local law enforcement.
B. Reduce jail incarcerations and involuntary Behavioral Health treatment/hospitalizations for individuals whose behavior is influenced by a behavioral health disorder/crisis and who are the subject of 9-1-1 calls.
C. Attempt to divert individuals with behavioral health (behavioral health and/or substance use) problems into appropriate community services and supports.
D. Engage hard to reach homeless who suffer from a serious behavioral illness and/or substance use disorder and link them to all available RUHS-BH and community resources in a coordinated and effective manner.
III. DUTIES AND RESPONSIBILITIES
A. RUHS-BH RESPONSIBILITIES
The duties and responsibilities of RUHS-BH are set forth in Attachment 1, attached hereto and incorporated herein by reference.
B. BEAUMONT PD RESPONSIBILITIES
The duties and responsibilities of BEAUMONT PD are set forth in Attachment 1, attached hereto and incorporated herein by reference.
W. FISCAL PROVISIONS
A. RUHS-BH shall fully fund one (1) Clinical Therapist (CT) II position and no offset is required from BEAUMONT PD.
B. Equipment purchased by either Party will remain that Party's separate property and shall be returned to the owning Party upon termination of this AGREEMENT.
C. BEAUMONT PD is not responsible for reimbursement of any costs to offset the Clinical Therapist II (CT II) position.
D. If in subsequent terms of this AGREEMENT, the Parties desire to provide for such reimbursement, it shall be done through an amendment to this AGREEMENT signed by both Parties.
E. This AGREEMENT shall be funded through funds identified in the annual RUHS- BH budgets and is subject to change dependant on funding fluctuations.
V. GENERAL PROVISIONS
A. EFFECTIVE PERIOD
This AGREEMENT shall be effective for one (1) year beginning July 1, 2025 and ending June 30, 2026. This AGREEMENT may be renewed annually upon mutual consent by both parties in writing and upon availability of funding.
B. ALTERATION OF TERMS AND ENTIRE AGREEMENT
The body of this AGREEMENT fully expresses all understanding of the parties concerning all matters covered and shall constitute the total AGREEMENT. No addition to, or alteration of, the terms of this AGREEMENT, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this AGREEMENT, which is formally approved and executed by Parties.
Cooperative Agreement Between RUHS-BH and City of Beaumont-BEAUMONT PD Crisis Triage Behavioral Health Services
C. AMENDMENTS
In the event that either Party desires to amend the terms of this AGREEMENT, Parties will comply with the terms of this AGREEMENT until such time as the amendment is approved or formal action is taken by the County of Riverside Board of Supervisors and the Beaumont City Council.
D. TERMINATION
This AGREEMENT may be terminated by either Party by giving 30 days written notice by certified mail of intention to terminate, such period beginning upon receipt of notice, and may be terminated for cause, such as a willful and/or material breach of the AGREEMENT by either Party by giving five (5) days written notice of intention to terminate by certified mail.
E. NOTICES
Unless the persons or addresses are otherwise identified by notice given in the manner specified by this paragraph, all notices shall be deemed effective when they are reduced to writing and deposited in the United States mail, postage prepaid, and addressed as above. Any notices, correspondences, reports, and/or statements authorized or required by this AGREEMENT addressed in any other fashion shall not be acceptable. All notices, claims correspondence, reports, and/or statements authorized or required by this AGREEMENT shall be addressed as follows:
RUHS-BH:
County of Riverside
Riverside University Health System - Behavioral Health
Contracts Administration Unit
4095 County Circle Drive
Riverside, CA 92503
BEAUMONT PD: City of Beaumont
Beaumont Police Department
660 Orange Avenue
Beaumont, CA 92223
F. CONFIDENTIALITY
BEAUMONT PD and RUHS-BH agree to maintain the confidentiality of all behavioral health and substance use client information in accordance with all applicable Federal, State and local laws and regulations. BEAUMONT PD and RUHS-BH will ensure that names, addresses, phone numbers, and any other individually identifiable information concerning behavioral health and/or substance use clients and the services they may be receiving are kept confidential.
BEAUMONT PD and RUHS-BH will not divulge any behavioral health and/or substance use client information to any unauthorized person.
BEAUMONT PD and RUHS-BH shall maintain the confidentiality of all behavioral health and substance use health records that it maintains, receives, or sends to RUHS- BH. Records include, but may not be limited to, claims that include individual identifying client information, individually identifiable health records and information, and/or Management Information System records. BEAUMONT PD and
Cooperative Agreement Between RUHS-BH and City of Beaumont-BEAUMONT PD Crisis Triage Behavioral Health Services
RUHS-BH shall have reasonable safeguards in place to prevent unauthorized access to records.
Applicable Confidentiality Laws include, but may not be limited to, California Welfare & Institutions Code, Sections 5328 through 5330, inclusive, 45 CFR Section 205.50, 42 CFR-Chapter 1 -Part 2. BEAUMONT PD and RUHS-BH shall require all its officers, employees, and agents providing services hereunder to acknowledge the understanding of and agreement to fully comply with, such confidentiality provisions.
BEAUMONT PD and RUHS-BH shall indemnify and hold harmless RUHS-BH, its officers, employees, and agents, from and against any and all loss, damage, liability, and expense arising from any disclosure of such records and information by BEAUMONT PD and RUHS-BH, its officers, employees, or agents.
RUHS-BH agrees to maintain the confidentiality of all criminal and law enforcement information in accordance with all applicable Federal, State and local laws and regulations. RUHS-BH will ensure that names, addresses, phone numbers, and any other individually identifiable information concerning criminal violations and related law enforcement activities they may be receiving are kept confidential. RUHS-BH will not divulge BEAUMONT PD confidential information to any unauthorized person.
RUHS-BH shall maintain the confidentiality of all behavioral health and substance use health records that it maintains, receives, or sends to BEAUMONT PD. Records include, but may not be limited to, claims that include individual identifying client information, individually identifiable health records and information, and/or Management Information System records. RUHS-BH shall have reasonable safeguards in place to prevent unauthorized access to records.
VI. MISCELLANEOUS PROVISIONS
A. SEVERABILITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
B. HOLD HARMLESS -INDEPENDENT PARTNER:
It is understood and agreed BEAUMONT PD is an independent entity and that no relationship of employer -employee exists between the parties hereto. BEAUMONT PD shall not be entitled to any benefits payable to employees of the County of Riverside or RUHS-BH, including County Workers' Compensation Benefits. RUHS- BH is not required to make any deductions from the compensation payable to BEAUMONT PD under the provisions of this AGREEMENT; and as an independent entity, BEAUMONT PD hereby holds RUHS-BH and/or the County of Riverside harmless from any and all claims that may be made against RUHS-BH and/or County of Riverside based upon any contention by any third Party that an employer -employee relationship exists by reason of this AGREEMENT.
Cooperative Agreement Between RUHS-BH and City of Beaumont-BEAUMONT PD Crisis Triage Behavioral Health Services
C. INSURANCE -INDEMNIFICATION:
Each Party hereto agrees to indemnify and hold harmless the other Party, its agency, officers, agents and employees, free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any acts or omission of such Indemnifying Party, relating to or in any way connected with or arising from the accomplishment of the work by the Indemnifying Party.
Each Party further agrees to protect, indemnify and defend at it expense including attorney fees, the other Party, its agency officers, agents and employees in any legal action(s) or claim(s) based upon such alleged acts or omissions whether the subject action(s) or claim(s) are well-founded, properly filed or pleaded, or not commenced in a court of competent jurisdiction.
Without limiting such indemnification, each Party shall maintain in force at all times during the performance of this AGREEMENT, insurance policies evidencing coverage during the entire term of the AGREEMENT as follows:
1. General liability insurance in the amount of not less than $1,000,000 per occurrence and aggregate.
2. Workers' Compensation insurance in accordance with statutory requirements.
3. If motor vehicles are used pursuant to this AGREEMENT, not less than $1,000,000 combined single limit for damage to property and injury to persons.
These requirements may be met by a program of self-insurance.
D. RECORD RETENTION:
RUHS-BH agrees to retain all records pertaining to this AGREEMENT for a period of ten years after termination of this AGREEMENT, or such federal and state provisions in effect. If, at the end of three years, there is ongoing litigation or an audit involving those records, RUHS-BH shall retain the original records until the resolution of such litigation or audit; BEAUMONT PD shall retain copies of the records until the resolution of such litigation or audit.
E. JURISDICTION, VENUE, ATTORNEY'S FEES:
This AGREEMENT is to be construed under the laws of the State of California. The parties agree to the jurisdiction and venue of the appropriate courts in the County of Riverside, State of California. Should action be brought to enforce or interpret the provisions of this AGREEMENT, the prevailing Party shall be entitled to attorney's fees in addition to whatever other relief is granted.
Cooperative Agreement Between RUHS-BH and City of Beaumont-BEAUMONT PD Crisis Triage Behavioral Health Services
SIGNATORIES
RUHS-BH and BEAUMONT PD mutually agree to fully and faithfully perform all applications set forth in this AGREEMENT. Both parties agree to have their duly authorized signatories sign this AGREEMENT.
CITY OF BEAUMONT:
City of Beaumont
660 Orange Avenue
Beaumont, CA 92223
Signed:
Title:
Date:
ATTORNEY:
Approved as to Form
By:
Attorney
COUNTY OF RIVERSIDE
Riverside University Health System
Behavioral Health
P.O. Box 7549
Riverside, CA 92503-7549
Matthew Chang, M.D., 1V MM, Director
Riverside University Health System -
Behavioral Health
Date: 7117/25
COUNTY COUNSEL:
Approved as to Form
By: u
Depu Coun Counsel
Cooperative Agreement Between RUHS-BH and City of Beaumont-BEAUMONT PD Crisis Triage Behavioral Health Services
FY 2025/26
ATTACHMENT 1
A. RUHS-BH RESPONSIBILITIES
1. RUHS-BH will provide one (1) full time Clinical Therapist to work with BEAUMONT PD.
2. RUHS-BH Staff will work directly with police officers on patrol and with police department administrators to bring direct knowledge and experience regarding behavioral health resources.
3. All assigned RUHS-BH Staff will be required to pass security background requirements as determined by BEAUMONT PD.
4. RUHS-BH Staff shall be required to adhere to dress code requirements as specified by BEAUMONT PD for Crisis Intervention Team members.
5. RUHS-BH shall furnish polo shirts and light jackets with logos or insignia as approved by BEAUMONT PD.
6. RUHS-BH will provide Behavioral Health Staff with cell phones that have e-mail functionality.
7. RUHS-BH Information Technology (IT) Staff will coordinate IT installation of RUHS-BH Electronic Management of Records database and e-mail with BEAUMONT PD IT Staff.
8. RUHS-BH Staff will routinely attend BEAUMONT PD daily roll calls in order to provide consultation and brief training as it is identified and requested by BEAUMONT PD.
9. RUHS-BH Staff will routinely be assigned by BEAUMONT PD to ride with patrol officers in the field in order to respond to 9-1-1 calls as requested by BEAUMONT PD Dispatch.
10. RUHS-BH Staff will work to find alternatives to divert behavioral health consumers into BH services and supports including emergency housing, hospitalization, outpatient BH services and other BH support services.
11. RUHS-BH Staff will provide alternatives to incarceration and arrest through referral and linkage to other community based behavioral health, substance use (SU), and/or social services resources.
12. RUHS-BH Staff will provide alternatives to behavioral health involuntary treatment through referral and linkage to other community based BH/SU and social services resources.
Cooperative Agreement Between RUHS-BH and City of Beaumont-BEAUMONT PD Crisis Triage Behavioral Health Services
13. RUHS-BH Staff will provide crisis intervention service planning for individuals with behavioral health issues who are frequently the subject of 9-1-1 calls.
14. RUHS-BH Staff will work directly with police to improve the appropriateness and quality of behavioral health detentions.
15. RUHS-BH Staff will work with police to provide direct intervention from the perspective of behavioral health background and training.
16. RUHS-BH Staff will provide engagement and outreach services to homeless behaviorally ill persons who come in contact with police officers.
17. RUHS-BH Staff will provide assistance in dealing with calls involving domestic disturbances or violence that involve potential behaviorally ill or substance use consumers. RUHS-BH Staff will provide assistance and support to children and families in crisis, and linkage to appropriate community services.
18. RUHS-BH Staff will assist the BEAUMONT PD in establishing Crisis Intervention Teams (CITs) consisting of police officers who are specialty trained and certified by BEAUMONT PD in behavioral health crisis intervention to be deployed to 5150/9-1-1 calls.
19. RUHS-BH Staff working within the Police Department will have computer and telephone access, RUNS-BH enrollment, and service contact information to utilize and assist enrolled clients and police officers responding to 5150 calls.
20. When direct services with police patrol officers are not needed, RUHS-BH Staff will remain at the police department offices and will provide consultation in - person, by telephone or radio for police officers responding to behavioral health crisis situations.
21. Police officers often go to locations where homeless persons congregate. RUHS- BH Staff will go with police to work with homeless people where they congregate in order to identify and engage persons that may be eligible for RUHS-BH services and/or to facilitate referrals and linkage to community resources that may assist general population and homeless persons. RUHS-BH Staff will coordinate follow-up outreach with RUNS-BH Homeless Outreach Teams and/or City of Beaumont Homeless Outreach Teams as needed. RUHS-BH Staff will work in the office to arrange social service supports and coordinate services with other agencies and programs.
22. RUHS-BH Staff will coordinate with jail incarceration diversion teams and programs including behavioral health and drug courts to intervene and help to divert persons with a serious behavioral health disorder into appropriate and recommended BH treatment services and supports, and persons with impairing substance use disorders into substance abuse treatment services and supports.
Page S of 9
Cooperative Agreement Between RUHS-BH and City of Beaumont-BEAUMONT PD Crisis Triage Behavioral Health Services
23. RUHS-BH Staff may work directly with RUHS-BH Detention Behavioral Health Staff to coordinate BH/SU services and assist with issues involving inmates detained through BEAUMONT PD in post -booking, pre-trial diversion and linkage to community resources upon release from incarceration.
24. RUHS-BH Staff may work with other behavioral health crisis response services involving 9-1-1 calls, such as training and support to ambulance emergency medical technicians and Riverside Fire Department (RFD) paramedics.
25. RUHS-BH Staff will develop public information brochures regarding police/BH collaboration, contact information and phone numbers for community resources and referrals, and Frequently Asked Questions (FAQs).
26. RUHS-BH staff shall perform other duties as agreed upon by both parties.
B. BEAUMONT PD RESPONSIBILITIES
1. BEAUMONT PD will assign law enforcement personnel and RUHS-BH Staff to respond to requests for assistance in the field.
2. Work stations at each of the BEAUMONT PD substations that RUHS-BH Staff will be assigned with computers and Internet access.
3. Each Staff member will need general access Honeywell cards into BEAUMONT PD Police Stations as identified by BEAUMONT PD.
4. BEAUMONT PD IT Staff will coordinate IT installations with RUHS-BH IT, this includes compliance with Federal HIPAA required level of security and providing RUHS-BH Staff with a City of Beaumont e-mail account.
5. BEAUMONT PD will conduct security background investigations for designated RUHS-BH Staff and maintain the confidential records of the investigation outcomes.
6. BEAUMONT PD shall provide a ballistic vest to RUHS-BH liaison/Staff.
7. BEAUMONT PD will provide training, based on a curriculum developed and approved by RUHS-BH, regarding field operations and safety.
8. BEAUMONT PD staff shall perform other duties as agreed upon between by both parties.
Cooperative Agreement Between RUHS-BH and City of Beaumont-BEAUMONT PD Crisis Triage Behavioral Health Services
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Chris Ramos, Chief of Police
Jake Clark, Sergeant
DATE: September 16, 2025
SUBJECT: Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant Fiscal Year 2025-26 Agreement
Description: Approve the Office of Traffic Safety (OTS) grant agreement in the amount of $85,000 and authorize the City Manager to sign the agreement. The grant provides necessary funding to assist in addressing traffic -related issues within the City of Beaumont.
Background and Analysis:
The Beaumont Police Department seeks grant funding opportunities to assist with addressing public safety concerns within our community. OTS provides grant funding opportunities for local law enforcement agencies interested in addressing traffic -related issues, such as Driving Under the Influence of Alcohol and Drugs, Distracted Driving, Primary Collision Factors, and Traffic Safety Education. This year, the Selective Traffic Enforcement Grant was successfully applied for, and OTS has authorized $85,000 of grant funding to be awarded to the City of Beaumont.
This grant will enable the funding of sobriety checkpoints and increased awareness of traffic safety aimed at reducing the number of traffic -related injuries and fatalities. The grant period is from October 1, 2025, through September 30, 2026. The Department currently focuses on strategies that encourage traffic safety, public awareness, and enforcement. The OTS grant would provide funding to aid in our commitment to these efforts.
Fiscal Impact:
This is a reimbursement grant and will not require any matching funds on the part of the City. The FY 2025-26 budget currently includes $131,500, which reflects the original grant application. A budget amendment will be processed in the next quarterly update to adjust the line item to the actual award of $85,000.
The cost of completing this staff report was $500.
Recommended Action:
Authorize the City Manager to sign the Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant Agreement.
Attachments:
A. OTS STEP Grant Agreement
State of California — Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT26104
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY
Beaumont
3. Grant Period
From: 10/01/2025
To: 09/30/2026
4. AGENCY UNIT TO ADMINISTER GRANT
Beaumont Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $85,000.00 Allocation is contingent upon availability of federal funds.
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and this reference made a part of the Agreement:
• Schedule A — Problem Statement, Goals and Objectives and Method • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances
• Exhibit B* — OTS Grant Program Manual
• Exhibit C — Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and attached hereto. These documents can be viewed at the OTS home web page We, the officials named below, hereby swear under penalty of perjury under duly authorized to legally bind the Grant recipient to the above described Grant IN WITNESS WHEREOF, this Agreement has been executed by the parties conditions of the following which are by
of Procedure
applicable)
made a part of this agreement as if
under Grants: www.ots.ca.cov .
the laws of the State of California that we are
terms and conditions.
hereto.
8. Approval Signatures
A. GRANT DIRECTOR
NAME: Jake Clark
TITLE: Traffic Sergeant
EMAIL: [email protected]
PHONE: (951) 769-8500 x248
ADDRESS: 660 Orange Avenue
Beaumont, CA 92223
B. AUTHORIZING OFFICIAL
NAME: Elizabeth Gibbs
TITLE: City Manager
EMAIL: [email protected]
PHONE: (951) 769-8520
ADDRESS: 550 E. 6th Street
Beaumont, CA 92223
(Signature) (Date)
C. FISCAL OFFICIAL
NAME: Jennifer Ustation
TITLE: Finance Director
EMAIL: [email protected]
PHONE: (951) 572-3236
ADDRESS: 550 E. 6th St.
Beaumont, CA 92223
(Signature) (Date)
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME: Stephanie Dougherty
TITLE: Director
EMAIL: [email protected]
PHONE: (916) 509-3030
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
(Signature) (Date) (Signature) (Date)
9/8/2025 9:35:51 AM
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY
NAME: Carolyn VU
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
9. SAM INFORMATION
SAM #: R8CSKWJ1 NDK5
REGISTERED
ADDRESS: 550 E 6th St
CITY: Beaumont
Zip+4: 92223-2218
10. PROJECTED EXPENDITURES
FUND
CFDA
ITEM/APPROPRIATION
F.Y.
CHAPTER
STATUTE
PROJECTED
EXPENDITURES
405e DDL-26
20.616
0521-0890-101
2025
04/25
BA/25
$15,000.00
164AL-26
20.608
0521-0890-101
2025
04/25
BA/25
$52,000.00
402PT-26
20.600
0521-0890-101
2025
04/25
BA/25
$18,000.00
AGREEMENT
TOTAL
$85,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$85,000.00
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER'S SIGNATURE
DATE SIGNED
TOTAL AMOUNT ENCUMBERED TO DATE
$85,000.00
9/8/2025 9:35:51 AM
State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT26104
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
The City of Beaumont is in Riverside County, situated in the San Gorgonio Pass, which connects the Inland Empire to the Coachella Valley. The City of Beaumont is 32 square miles with a population of over 56,000 residents, making it the largest city in the San Gorgonio Pass area. The San Gorgonio Pass is a major transportation corridor for interstate travel to/from the greater Los Angeles area, with three heavily traveled routes going through the City of Beaumont, consisting of the Interstate 10, State Route 60, and State Route
79. Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
Over the last three years, the Beaumont Police Department has hired several officers, bringing the total sworn to Fifty-nine (59). In the last year, the Beaumont Police Department has trained one additional motor officer and has developed a commercial enforcement program consisting of two officers. The Beaumont Police Department recognizes traffic enforcement will assist with decreasing traffic crashes. Due to the fast growth of the city, traffic has become a quality of life and a potential safety issue. The increase in traffic volume has caused citizens to become more impatient, resulting in a total of 2093 citations being issued for speeding violations, 2959 total citations for stop sign violations, and an increase in road rage related calls, and traffic crashes were also noted. The Beaumont Police Department also recognizes the need for proper training for each officer. With laws continually changing in the state of California, and the complexity of a DUI investigation, we would like to ensure each officer is properly trained and equipped to respond to these trends. We have prioritized this as a police department and sent six officers to the Basic SFST course, and two officers to ARIDE, in 2023. Two additional officers attended ARIDE in 2024 with six additional officers attending the SFST course.
Between 2021-2023, Beaumont Police Department had 355 injury traffic crashes, with 541 injuries. During this time period, injury traffic crashes have increased each year, along with an increase in the number of victims. The increase in injury traffic crashes from 2021 to 2022 was approximately 36% and between 2022 to 2023 an additional 12% increase. Injury Hit & Run traffic crashes doubled from 2021 to 2022 and then decreased in 2023. Nighttime injury traffic crashes also increased from 2021 to 2022 and then decreased in 2023. In 2024, the Beaumont Police Department investigated 327 traffic crashes with 140 of those crashes classified as injury traffic crashes resulting in 198 injuries.
In calendar year 2022, Beaumont Police investigated six DUI traffic crashes and one resulted in injury. In 2023, Beaumont Police investigated twenty-three DUI traffic crashes and ten resulted in injury. In 2023 the Beaumont Police Department arrested seventy subjects for DUI. This is an increase compared to 2022 where the Beaumont Police Department arrested fifty-four for DUI. In 2024, thirteen crashes were caused by a DUI driver that resulted in twenty people injured.
In 2022, fifty-six traffic crashes occurred as a result of unsafe speed, and thirty-eight were injured. In 2023, there were seventy traffic crashes as a result of unsafe speed thirty-seven injuries were reported with one fatality. In 2024, fifty-one crashes were caused by unsafe speed which resulted in thirty-four injuries.
In 2022, forty-six crashes occurred as a result of improper turning, injuring twenty people. In 2023 there were thirty-eight crashes as a result of improper turning and fourteen resulted in injuries. In 2024 thirty-two crashes were a result of improper turning resulting in fourteen injuries.
In 2022, thirty-four crashes occurred as a result of right-of-way violations, injuring thirty-four people. In 2023 there were forty-nine crashes as a result of right-of-way violations and seventy-three resulted in injuries. In 2024, twenty-three crashes crashes were caused by right-of-way violations resulting in twenty-five injuries. 9/8/2025 9:35:51 AM
From January 1, 2021, to December 31, 2023, Beaumont Police investigated twenty-one vehicle vs. bicycle traffic crashes, resulting in seventeen injuries, some of which were major injury traffic crashes. During the same time frame, Beaumont Police investigated twenty-six vehicle vs. pedestrian traffic crashes with twenty- six injuries, some of which were major injury traffic crashes. In 2024, the Beaumont Police Department investigated nine vehicle vs. pedestrian crashes and eleven vehicle vs. bicycle crashes resulting in twenty injuries.
Beaumont Police completed a total of 308 traffic crash reports in the year 2023, which resulted in 233 injuries. In 2023, Beaumont Police Department Dispatch received over 700 calls for service related to a traffic crash event. In 2024, the Beaumont Police Dispatch center inputted approximately 644 call for service related to traffic crashes. Per the Beaumont Police Department's traffic crash report policy, non - injury traffic crashes can be resolved with an information exchange between involved parties.
Define the target population the grant intends to serve and how they are affected by the problem(s).
The City of Beaumont has been ranked the second fastest growing city in California with a 44% population growth over the last decade. Beaumont is currently growing at a rate of 2.87% annually and its population has increased by 9.14% since the most recent census (2020). With the rapid population growth, the city has seen a significant increase in traffic related safety concerns. The City conducted a survey with residents and traffic safety issues was the number one complaint.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol -involved crashes.
8. Reduce the number of persons injured in alcohol -involved crashes.
9. Reduce the number of persons killed in drug -involved crashes.
10. Reduce the number of persons injured in drug -involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo -involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo -involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives:
Target Number
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
12 National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
3. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a 12 9/8/2025 9:35:51 AM
suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.
4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 4 Testing (SFST) (minimum 16 hours) POST -certified training.
5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired 2 Driving Enforcement (ARIDE) 16 hour POST -certified training.
6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training 2 (classroom and field training must be completed).
7. Send law enforcement personnel to SFST Instructor training. 4 8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." 2 OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
9. Conduct DUI Saturation Patrol operation(s).
16 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
6 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
10 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 13. Participate in highly visible collaborative DUI Enforcement operations. 1 14. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 3.
METHOD OF PROCEDURE
A. Phase 1 — Program Preparation (1St Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America. • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31
and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 — Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant -related activities:
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• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant -related activities to the OTS PIO at pio ots.ca.gov for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant -related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre -approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time -sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.
The OTS PIO and your OTS grant coordinator should still be notified when the grant -related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant -related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough -cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS Togo on all grant -funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format -appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant -related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant - related event or program. Media and program highlights are to be reflected in QPRs. 9/8/2025 9:35:51 AM
• Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. • Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 — Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT26104
FUND NUMBER
CATALOG
NUMBER (CFDA)
FUND DESCRIPTION
TOTAL AMOUNT
405e DDL-26
20.616
Distracted Drivinc Laws
$15,000.00
402PT-26
20.600
State and Community Highway
Safety
$18,000.00
164AL-26
20.608
Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$52,000.00
COST CATEGORY
FUND
NUMBER
UNIT COST OR
RATE
UNITS
TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
164AL-26
$10,000.00
2 $20,000.00
DUI/DL Checkpoints
DUI Saturation Patrols
164AL-26
$1,600.00
16 $25,600.00
Collaborative DUI Enforcement
164AL-26
$1,500.00
1 $1,500.00
Traffic Enforcement
402PT-26
$2,250.00
6 $13,500.00
Distracted Driving Enforcement
405e DDL-
26 $1,500.00
10 $15,000.00
Category Sub -Total
$75,600.00
B. TRAVEL EXPENSES
In State Travel
402PT-26
$4,500.00
1 $4,500.00
$0.00
Category Sub -Total
$4,500.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub -Total
$0.00
D. EQUIPMENT
$0.00
Category Sub -Total
$0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies
164AL-26
$4,900.00
1 $4,900.00
Category Sub -Total
$4,900.00
F. INDIRECT COSTS
$0.00
Category Sub -Total
$0.00
GRANT TOTAL $85,000.00
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT26104
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
EQUIPMENT
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti -fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
INDIRECT COSTS
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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State of California — Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT26104
Appendix A to Part 1300 —Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4 —Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300 —Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200 —Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201 —Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation —Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S. C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally - funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
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The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA."
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional -wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each "activity," "facility," or "program," as defined in § 21.23(h) and (e) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
"The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [Ain every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 9/8/2025 9:35:51 AM
form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub -recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub - recipients, sub -grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal -aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub -grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug -free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted -
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 9/8/2025 9:35:51 AM
rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 9/8/2025 9:35:51 AM
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/) .
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -PRIMARY TIER
COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 9/8/2025 9:35:51 AM
its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/) .
8. Nothing contained in the foregoing shall be construed to require establishment of a system of 9/8/2025 9:35:51 AM Page 240 of 519 Page 15 of 17
records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER
COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient.
If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.orq . The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 9/8/2025 9:35:51 AM
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE: September 16, 2025
SUBJECT: Selection of Underwriter and Approval of Professional Services Agreement for Community Facilities (CFD)
Description: City Council consideration of the selection of Stifel, Nicolaus & Company, Incorporated as the City's underwriter for Community Facilities District (CFD) and other land -secured bond financings, and approval of a three-year professional services agreement.
Background and Analysis:
The City of Beaumont issued a Request for Proposals (RFP) for underwriting services on August 13, 2025, through PlanetBids. The RFP referenced the planned issuance of approximately $9 million in non -rated special tax bonds for CFD 2023-1 (Fairway Canyon) as an example financing for proposers to base their pricing assumptions and proposal standards on.
The RFP submittal deadline was September 3, 2025. Two proposals were received from Hilltop Securities Inc. and Stifel, Nicolaus & Company, Inc.
Proposals were evaluated by staff and the City's Financial Advisor based on responsiveness, experience, assigned team, marketing capabilities, knowledge of the City, pricing performance, and fees. Both staff and the Financial Advisor concluded that Stifel offers the strongest overall qualifications, with the following highlights:
• Market Leadership: Stifel is the leading underwriter of California land -secured financings, with 270 transactions totaling $4.9 billion since 2020, including a 63% market share in Riverside County.
• Beaumont Experience: Stifel has served as the City's underwriter since 2019 and successfully managed multiple CFD bond financings, consistently achieving tight pricing spreads and strong investor participation.
• Distribution Strength: Stifel maintains the most extensive retail network among underwriting firms, with proven results in oversubscribing Beaumont's non -rated CFD bonds (averaging 141 % of par offered).
• Competitive Pricing: While Stifel's proposed underwriting fee of $11.14 per bond is higher than Hilltop's proposal ($6.55 per bond), it remains below statewide averages and is offset by Stifel's demonstrated ability to lower borrowing costs through superior execution.
Given these strengths, staff and the Financial Advisor recommend entering into a three- year professional services agreement with Stifel. To preserve competition, the agreement will specify that fees for each individual bond issuance will be negotiated at the time of sale, ensuring that the City achieves the most favorable terms possible during the agreement period.
Fiscal Impact:
Underwriting fees are contingent upon the successful closing of each bond issue and are paid from bond proceeds. No General Fund impact will occur. The modest difference in proposed underwriting fees (—$20,000 across a $9 million issue) is secondary to the larger fiscal impact of interest rate performance, investor demand, and pricing execution —all areas where Stifel has consistently delivered measurable savings for the City.
The estimated cost to prepare this report is $250.
Recommended Action:
Approve the selection of Stifel, Nicolaus & Company, Inc. as the City's underwriter for CFD and other land -secured bond financings;
Authorize the City Manager to execute a three-year professional services agreement with Stifel, Nicolaus & Company, Inc.; and
Specify that underwriting fees for each transaction will be subject to negotiation at the time of sale to ensure competitive pricing throughout the term of the agreement.
Attachments:
A. Request for Proposals
B. Professional Services Agreement
C. Levine Act Statement
BEAUMONT
C A L I F O R N I A
Request for Proposals
For
Underwriter Services
CRITICAL DATES
Website:
www.beaumontca.gov
Address:
550 E. 6th Street
Beaumont, CA 92223
Phone:
951.769.8520
Item
Date
RFP Issued
08/13/25
Questions Due
08/20/25 at
11:00 am PST
Responses to c uestions provided by
08/27/25
Submittals Due
09/03/25 at
11:00 am PST
htt
Contact:
Brittany Navas, Grants Analyst
550 E. 6th Street - Beaumont, California 92223
Bnavas@a beaumontca.gov
RFP Available
Planet Bids Portal at
s://vendors.planetbids.com/portal/66785/bo/bo-search
City of Beaumont
Request for Proposal
BEAUMONT
- C A L i F O R N I A -
Introduction
The City is in Riverside County, located at the summit of the San Gorgonio Pass, between the San Bernardino Mountains and Mount San Gorgonio to the north, and the San Jacinto Mountains to the south. As of 2025, the City has slightly more than 58,000 residents and covers an area of over 30 square miles. In recent years, the City and local region have experienced a steady and consistent marked increase in new construction in addition to increases in single family home sale prices.
The City established a CFD program in order to fund public infrastructure and services. The City has a very robust CFD program and currently has over $150 million of CFD Bonds outstanding.
The City has completed several CFD formations for which bond financing is expected to be completed in the fall of 2025. As part of this RFP, the City is requesting fee proposals for an upcoming bond sale for a CFD 2023-1 Improvement Areas 1 and 2 (Fairway Canyon).
Responses must conform to the requirements of this Request for Proposal (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. All services provided by the Contractor shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The successful Contractor shall also have the resources to provide cost-effective and timely services, including providing customer service to the CITY.
Qualified Contractors 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.
Background
The City was incorporated in November 1912 and is located in the San Gorgonio Pass portion of western Riverside County. It is bounded on the west by Calimesa and unincorporated areas, on the north by unincorporated county areas (Cherry Valley), on the south by unincorporated county areas and the City of San Jacinto, and on the east by the City of Banning. The land area within the City's boundary is approximately 30 square miles.
The City operates under a council-manager format of government which consists of a Mayor, Mayor Pro-Tem, three Councilmembers and the City Manager. The positions of Mayor and Mayor Pro-Tem are rotated among the elected Councilmembers. A City Clerk and Treasurer are elected positions, each for a four-year term. Regular City Council meetings are held on the first and third Tuesdays of each month.