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City Council - 17 Apr 2017 - Agenda
Agenda City of Beaumont City Council Meeting Closed Session 5:00 PM Regular Session 6:00 PM Beaumont Financing Authority Beaumont Utility Authority Beaumont Successor Agency (formerly RDA) 550 E 6th Street, Beaumont, Ca Tuesday, April 18, 2017 Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packets are available for public inspection in the City Clerk's office at 550 E. 6th Street during normal business hours Any Person with a disability who requires accommodations in order to participate in this meeting should telephone the City Clerk's office at 951 769 8520, at least 48 hours prior to the meeting in order to make a request for a disability related modification or accommodation. Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Form" provided at the back table and give it to the City Clerk. There is a three (3) minute limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Closed Session A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Conservation Authority / Beaumont Successor Agency (formerly RDA), may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER Mayor White, Mayor Pro Tem Carroll, Council Member Lara, Council Member Orozco, and Council Member Martinez 1. Public Comments Regarding Closed Session 2. Conference with Legal Counsel — Existing Litigation pursuant to Government Code Section 54956.9(d)(1): Two Cases (1. Sierra Club v. City of Beaumont, Case No. RIC 1613142; 2. Laborers International Union of North America, Local Union No. 1184, v. City of Beaumont et al., Case No. RIC 1611674). Adjourn to Closed Session REGULAR SESSION CALL TO ORDER Mayor White, Mayor Pro Tem Carroll, Council Member Lara, Council Member Orozco, and Council Member Martinez Page 1 of 4 Report out from Closed Session: Action on any Closed Session items: Action on any requests for excused absence: Pledge of Allegiance: Approval/Adjustments to Agenda: Conflict of Interest Disclosure: ANNOUNCEMENTS/RECOGNITIONS/PROCLAMATIONS/CORRESPONDENCE 1. DMV/Donate Life California Month PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a "Public Comment Fonn" provided at the back table and give to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. CONSENT CALENDAR Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 2. Ratification of Warrants dated March 30, 2017 3. Ratification of Warrants dated April 6, 2017 4. Approval of Minutes dated April 4, 2017 5. Approval of Final Map for Tract # 31462-8 and Improvement Agreement for the Survey Monumentation Bond for D.R. Horton 6. Agreement to Provide Financial Security for Tract # 31470-3, -4, -5, and -6 7. Agreement to Provide Financial Security for Tract # 31470-3 8. Agreement to Provide Financial Security for Tract # 31469-4 9. Approval of Final Parcel map for Tract # 35789, and Improvement Agreement for the Survey Monumentation Bond for Sundance Corporate Center 10. First Amendment to Tolling Agreement with Rod Gunn and Rod Gunn and Associates 11. First Amendment to Tolling Agreement with Norton Rose Fuibright US LLP 12. Award Contract for Fixed Inventory Tracking System and Related Services (GASB 34) Page 2 of 4 13. Amend Existing Scope of Work and Purchase Order in the Amount Not to Exceed $50,000 to NAI Consultants of Cathedral City for Transportation Infrastructure Needs Analysis Report 14. Quarterly Cash and Investments Report 15. Award of Contract for FY15-16 City Financial Audit Services 16. Authorize Lease and Maintenance Agreements with Konica Minolta ACTION ITEMS/PUBLIC HEARINGS/REQUESTS Approval of all Ordinances and Resolutions to be read by title only. 17. July 4th Event Recommended Council Action(s): 1. Approve the Community Services Department to proceed with the event planning. 18. Maximum Benefit Monitoring Program for Groundwater and Surface Water Recommended Council Action(s): 1. Approve amending current contract with Dudek for the 2017 groundwater and surface water monitoring. 19. Award of Contract to Safe USA from Ontario, Ca., for the Traffic Striping Contract Recommended Council Action(s): 1. Award a contract to Safe USA for traffic striping and pavement marking in the amount of $75,000.00 20. Request for Budget Adjustment Recommended Council Action(s): 1. Approve Budget Adjustment 2017-3 21. Award of Contract to Johnson Power with Contract of $88,545.55 for the Replacement of Generator at the Beaumont Police Department and Repairs to the Transit Building Generator. Recommended Council Action(s): 1. Award the contract to replace the existing emergency generator at the police station with a new SCAQMD certifiable generator in the amount of $56,833 from account no. 100-2050-8040-0000 2. Award the contract to install a SCAQMD certifiable particulate air filter on the existing transit building generator in the amount of $31,715 paid from State Transit Assistance funds from account no. 750-7000-8012-0000 22. Approval of Finance Plan and Amendments of Contracts to Various Consultants for the Potrero Interchange Project Recommended Council Action(s): 1. Approve Finance plan as shown in Table 1 above. 2. Authorize the City Manager to amend the following contracts as follows: a. Mark Thomas additional $131,000 for a total of $241,000. b. LSA additional $7,000 for a total of $25,600. Page 3 of 4 c. Dennis Janda, Inc. additional $25,000 for a total of $180,000. d. IDC additional $65,000 for a total of $180,000 e. Epic Land Solutions additional $50,000 for a total of $75,300. 3. Authorize the City Manager to negotiate and execute a contract with TRC Solution in the amount of $35,000 to complete the plans for the Interim Phase. 23. Approve City Council Goal Statements and Set the Time and Date for a FY2018 Budget Workshop Recommended Council Action(s): 1. Give direction to set a time and place for a budget Workshop 2. Approve the City Council Goal Statements and set a FY2018 budget workshop for Thursday April 27 COUNCIL REPORTS • Carroll • Lara • Martinez • Orozco • White CITY TREASURER REPORT CITY MANAGER REPORT CITY CLERK REPORT CITY ATTORNEY REPORT Status of City of Beaumont Litigation FUTURE AGENDA ITEMS Adjournment of the City Council of the April 18, 2017 Meeting at p.m. The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, Beaumont Utility Authority, and the Beaumont Successor Agency (formerly RDA), is scheduled for Tuesday, May 2, 2017, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hail. Beaumont City Hall — Online www.ci.beaumont.ca.us Page 4 of 4 AGENDA ITEM NO. 2, WARRANTS TO BE RATIFIED Thursday, March 30, 2017 94461-94570 Issued checks $ 843,484.47 FYI7 19 ACH $ 55,677.67 SBEMP 20 $ 8,750.00 TASO TECH $ 907,912.14 AP Total 94332 Voided checks $ 735.56 Rain for Rent Riverside PARS $ 545.47 PPE 3/9/17 $ 533.96 PPE 2/23/17 I DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1, 2016 - JUNE 30, 2017 SIGNATURE: TITLE: CITY TRE SIGNATURE: TITLE: FINANCE DIRECTOR '.ltiLn�. City of Beaumont, CA Vendor Number Vendor Name Payable # Payable Type Bank Code: APBNK-AP Bank 2295 Check Register Packet: APPKT00139 - 20170329 CHECKS By Check Number Payment Date Payment Type Discount Amount Payment Amount Number Payable Date Payable Description Discount Amount Payable Amount SLOVAK BARON EMPEY MURPHY & 03/29/2017 Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice invoice Invoice Invoice Invoice Invoice Invoice 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 SIERRA CLUB 03/29/2017 LEGAL SERVICES 03,29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES 03/29/2017 LEGAL SERVICES EFT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 55,677.67 19 110.00 1,492.02 3,561.10 137.50 455.00 275.00 165.00 82.50 82.50 3,728.40 165.00 2,557.50 388.02 357.50 9,028.42 1,211.60 632.50 10,523.97 27.50 362.34 12,738.70 7,500.00 95.60 2388 TASO TECH, INC 03/29/2017 EFT 0.00 8,750.00 20 Invoice 03/29/2017 PROFESSIONAL SERVICES 0.00 8,750.00 2839 A HIGHER SECURITY LOCKSMITH 03/29/2017 Regular 0.00 190.00 94461 invoice 03/29/2017 EMERGENCY SERVICE TO DEPT SAFES 0.00 190.00 1023 ADVANCED WORKPLACE STRATEGIE 03/29/2017 Regular 0.00 460.00 94462 Invoice 03/29/2017 FEDERAL MOTOR CARRIER MEMBERSHIP 0.00 460.00 1042 ALL PURPOSE RENTALS 03/29/2017 Regular 0.00 58.08 94463 Invoice 03/29/2017 EQUIPMENT RENTALS 0.00 58.08 1033 AL'S KUBOTATRACTOR 03/29/2017 Regular 0.00 207.54 94464 Credit Memo 03/29/2017 EQUIPMENT REPAIR 0.00 -117.76 Invoice 03/29/2017 EQUIIPMENT MAINTENANCE 0.00 308.34 Invoice 03/29/2017 EQUIPMENT MAINTENANCE 0.00 16.96 1127 BEAUMONT DO IT BEST HOME CEN1 03/29/2017 Regular 0.00 86.55 94465 Invoice 03/29/2017 BUILDING MAINTENANCE 0.00 34.86 Invoice 03/29/2017 BUILDING MAINTENANCE 0.00 3.38 Invoice 03/29/2017 BUILDING MAINTENANCE 0.00 7.74 Invoice 03/29/2017 BUILDING MAINTENANCE 0.00 13.57 Invoice 03/29/2017 BUILDING MAINTENANCE 0.00 27.00 1279 CIGNA HEALTH CARE 03/29/2017 Regular Invoice 03/29/2017 EMP INSURANCE APRIL 2017 0.00 51,775.67 94466 0.00 51,775.67 1282 CINTAS CORPORATION #698 03/29/2017 Regular 0.00 511.84 94467 Invoice 03/29/2017 UNIFORM MAINTENANCE 0.00 255.92 Invoice 03/29/2017 UNIFORM MAINTENANCE 0.00 255.92 Check Register Packet: APPKT00139-20170329 CHECKS Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable ti Payable Type Payable Date Payable Description Discount Amount Payable Amount 1344 CREATIVE BUS SALES, INC 03/29/2017 Regular 0.00 169,152.51 94468 Invoice 03/29/2017 BUS EQUIPMENT 0.00 3,832.42 Invoice 03/29/2017 BUS PURCHASE 0.00 165,320.09 1398 DEPARTMENT OF ENVIORNMENTAL 03/29/2017 Regular 0.00 1,041.00 94469 Invoice 03/29/2017 TRANSIT HEALTH PERMIT 0.00 1,041.00 1404 DEPARTMENT OF MOTOR VEHICLES 03/29/2017 Regular 0.00 68.34 94470 Invoice 03/29/2017 VEHICLE CODE BOOKS 0.00 68.34 1414 DIAMOND HILLS AUTO GROUP 03/29/2017 Regular 0.00 2,751.73 94471 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 2,751.73 1424 DIRECTV 03/29/2017 Regular 0.00 210.19 94472 Invoice 03/29/2017 TV UTILITY 0.00 86.21 Invoice 03/29/2017 TV UTILITY 0.00 123.98 2775 ELAINE, ROB, AND JOSH MARTIN 03/29/2017 Regular 0.00 126.72 94473 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 126.72 2776 EMILY AND JONATHA BORTH 03/29/2017 Regular 0.00 122.66 94474 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 122.66 2777 ERICAVILA 03/29/2017 Regular 0.00 46.62 94475 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 46.62 2779 FEDERAL HOME LOAN MTG 03/29/2017 Regular 0.00 47.20 94476 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 47.20 1518 FLYERS ENERGY 03/29/2017 Regular 0.00 3,353.94 94477 Invoice 03/29/2017 FUEL CARDS 0.00 3,353.94 2780 FRED ANDERSON 03/29/2017 Regular 0.00 34.96 94478 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 84.96 1533 FRONTIER COMMUNICATIONS 03/29/2017 Regular 0.00 50.72 94479 Invoice 03/29/2017 PHONE UTILITY 0.00 50.72 2781 FUJIKO ROWAN 03/29/2017 Regular 0.00 244.12 94480 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 244.12 2782 GABRIEL AND MELT GONZALEZ 03/29/2017 Regular 0.00 36.86 94481 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 36.86 1578 GORM, INC. 03/29/2017 Regular 0.00 787.33 94482 Invoice 03/29/2017 BUILDING MAINTENANCE SUPPLIES 0.00 787.33 1595 GREGORY FAGAN 03/29/2017 Regular 0.00 1,156.31 94483 Invoice 03/29/2017 EMPLOYEE TRAINING 0.00 1,156.31 2783 GTM RESIDENTIAL PROPERTIES LTD 03/29/2017 Regular 0.00 363.38 94484 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 363.38 2784 GUERRERO 03/29/2017 Regular 0.00 39.88 94485 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 39.88 1624 HIGH TECH IRRIGATION,INC. 03/29/2017 Regular 0.00 230.89 94486 Invoice 03/29/2017 DEPT SUPPLIES 0.00 230.89 1632 HOME DEPOT/CREDIT SERVICES 03/29/2017 Regular 0.00 596.04 94487 Invoice 03/29/2017 BUILDING MAINTENANCE SUPPLIES 0.00 194.08 Invoice 03/29/2017 DEPT SUPPLIES 0.00 160.55 Invoice 03/29/2017 BUILDING MAINTENANCE SUPPLIES 0.00 90.48 Invoice 03/29/2017 DEPT SUPPLIES 0.00 150.93 1657 IN GEAR TECHNOLOGY 03/29/2017 Regular 0.00 585.09 94488 Check Register Vendor Number Payable # 1679 2786 Packet: APPKT00139-20170329 CHECKS Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable Type Payable Date Payable Description Discount Amount Payable Amount Invoice 03/29/2017 EQUIPMENT REPAIR 0.00 585.09 INTERWEST CONSULTING GRP, INC. 03/29/2017 Regular 0.00 5,530.00 94489 Invoice 03/29/2017 PROFESSIONAL SERVICES 0.00 5,530.00 JACK TURNER 03/29/2017 Regular 0.00 77.98 94490 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 77.98 2785 JACQUELYN WINGLER 03/29/2017 Regular 0.00 36.60 94491 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 36.60 2787 JAENNETT BASSO 03/29/2017 Regular 0.00 138.77 94492 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 138.77 2788 JAMES COUGHLIN 03/29/2017 Regular 0.00 45.83 94493 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 45.83 2789 JAMES LAI 03/29/2017 Regular 0.00 56.31 94494 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 56.31 2790 JARED SMITH 03/29/2017 Regular 0.00 28.80 94495 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 28.80 2791 JAVIER CAMACHO 03/29/2017 Regular 0.00 36.87 94496 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 36.87 2792 JAY KIM 03/29/2017 Regular 0.00 78.23 94497 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 78.23 2793 JEAN HEALD 03/29/2017 Regular 0.00 50.00 94498 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 50.00 2794 JENNIFER NERENBERG 03/29/2017 Regular 0.00 28.63 94499 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 28.63 2795 JESSICA DILLON 03/29/2017 Regular 0.00 73.00 94500 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 73.00 2796 JOANNE REPATH 03/29/2017 Regular 0.00 36.75 94501 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 36.75 2797 2798 JOCELYN BONILLA 03/29/2017 Regular 0.00 73.52 94502 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 73.52 JOHN GRAHAM 03/29/2017 Regular 0.00 26.71 94503 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 26.71 2799 JOSEPH BARBERIO 03/29/2017 Regular 0.00 121.45 94504 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 121.45 2800 JOSEPH RAMOS 03/29/2017 Regular 0.00 79.77 94505 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 79.77 2801 1773 2802 2803 JUAN SLARES 03/29/2017 Regular 0.00 37.65 94506 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 37.65 KAISER FOUNDATION HEALTH PLAN 03/29/2017 Regular 0.00 79,950.26 94507 Invoice 03/29/2017 HEALTH INSURANCE 0.00 79,950.26 KAREN KAKIKI 03/29/2017 Regular 0.00 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 46.11 KHALID HALIK 03/29/2017 Regular 0.00 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 39.00 2804 KIMBERLY LEWIS 03/29/2017 Regular 0.00 46.11 94508 39.00 94509 64.26 94510 Check Register Packet: APPKT00139-20170329 CHECKS Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Payable Date Payable Description Discount Amount Payable Amount Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 64.26 2805 KRIS SISCA 03/29/2017 Regular 0.00 130.35 94511 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 130.35 2806 KUN YEE 03/29/2017 Regular 0.00 65.88 94512 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 65.88 1856 LEXISNEXIS RISK SOLUTIONS 03/29/2017 Regular 0.00 5,100.00 94513 Invoice 03/29/2017 PROFESSIONAL SERVICES FOR PD COMPU 0.00 5,100.00 2807 LINDA MARTINEZ 03/29/2017 Regular 0.00 111.27 94514 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 111.27 2808 LISA DANIEL 03/29/2017 Regular 0.00 252.16 94515 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 252.16 2809 LISA YANG 03/29/2017 Regular 0.00 159.63 94516 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 159.63 2810 MARIA PAIVA 03/29/2017 Regular 0.00 72.00 94517 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 72.00 2811 MARYANN CORRENTE 03/29/2017 Regular 0.00 121.28 94518 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 121.28 2812 MATTHEW CAMPBELL 03/29/2017 Regular 0.00 43.44 94519 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 43.44 2813 MAX DO C/O HOMETOWN PROPER1 03/29/2017 Regular 0.00 67.26 94520 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 67.26 2814 MELLY LUMENTA 03/29/2017 Regular 0.00 40.22 94521 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 40.22 2815 MICHAEL WHITE 03/29/2017 Regular 0.00 807.89 94522 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 807.89 2816 MOHAMMED ASLAM 03/29/2017 Regular 0.00 103.92 94523 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 103.92 1984 NAPA AUTO PARTS 03/29/2017 Regular 0.00 159.69 94524 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 123.86 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 35.83 2817 NATTAPONG LADAWON 03/29/2017 Regular Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 2009 O'REILLYAUTO PARTS 03/29/2017 Regular Invoice 03/29/2017 VEHICLE MAINTENANCE -PARTIAL PMT ON 0.00 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 0.00 0.00 89.76 94525 89.76 753.02 94526 111.62 36.23 188.11 58.17 23.17 49.35 209.99 56.31 20.07 2023 P&P UNIFORMS R1V 03/29/2017 Regular 0.00 19.40 94527 Invoice 03/29/2017 EMPLOYEE UNIFORMS 0.00 19.40 2026 PACIFIC ALARM SERVICE 03/29/2017 invoice 03/29/2017 ALARM SERVICE Invoice 03/29/2017 ALARM SERVICES Regular 0.00 0.00 0.00 111.50 94528 58,50 53.00 Check Register Packet: APPKT00139-20170329 CHECKS Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Payable Date Payable Description Discount Amount Payable Amount 2039 PARKHOUSE TIRE, INC. 03/29/2017 Regular 0.00 538.98 94529 Invoice 03/29/2017 VEHICLE MAINTENANCE 0.00 538.98 2818 PAULA HUSSEY CHAVEZ 03/29/2017 Regular 0.00 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 55.55 2819 2098 55.55 94530 PREEYA ESTRADA 03/29/2017 Regular 0.00 286.27 94531 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 286.27 QUILL CORPORATON 03/29/2017 Invoice 03/29/2017 OFFICE SUPPLIES Invoice 03/29/2017 OFFICE SUPPLIES Invoice 03/29/2017 OFFICE SUPPLIES Invoice 03/29/2017 OFFICE SUPPLIES Invoice 03/29/2017 OFFICE SUPPLIES Regular 0.00 390.98 94532 0.00 70.03 0.00 68.89 0.00 165.82 0.00 18.30 0.00 67.94 2820 REMEDOIS THOMPSON 03/29/2017 Regular 0.00 68.71 94533 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 68.71 2135 2821 2822 2823 RESOURCE BUILDING MATERIALS 03/29/2017 Invoice 03/29/2017 DEPT SUPPLIES Invoice 03/29/2017 DEPT SUPPLIES Regular 0.00 177.79 94534 0.00 106.67 0.00 71.12 ROBERT LEDINGTON 03/29/2017 Regular 0.00 226.52 94535 Invoice 03/28/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 226.52 ROBERT MCCLELLAN 03/29/2017 Regular 0.00 171.76 94536 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 171.76 ROBERT OTTENHOFF 03/29/2017 Regular 0.00 157.62 94537 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 157.62 2824 ROCCO GIANNI 03/29/2017 Regular 0.00 174.82 94538 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 174.82 2203 2825 ROMEO VILLENA 03/29/2017 Regular 0.00 167.10 94539 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 167.10 RYAN MAGASTRADO 03/29/2017 Regular 0.00 48.97 94540 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 48.97 2257 SCOTT FAZEKAS & ASSOCIATES, INC 03/29/2017 Regular 0.00 5,426.11 94541 Invoice 03/29/2017 PLAN CHECK SERVICES 0.00 5,426.11 2840 SHARON GEISER 03/29/2017 Regular 0.00 73.07 94542 Invoice 03/29/2017 PAYROLL CHECKS RETURNED DUE TO WR 0.00 73.07 2311 SOUTHERN CALIF.EDISON 03/29/2017 Regular 0.00 5,307.83 94543 Invoice 03/29/2017 ELECTRIC UTILITY 0.00 5,307.83 2826 STEVE CLEAR 03/29/2017 Regular 0.00 28.74 94544 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 28.74 2827 STI PROP LLC BY NATALIE C/O PROP 03/29/2017 Regular 0.00 138.71 94545 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 138.71 2828 SUNCHA URSO C/O ACTION RENTAL 03/29/2017 Regular 0.00 68.79 94546 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 68.79 2829 2830 SUNRISE CHURCH OF CALIFORNIA 03/29/2017 Regular Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY SUREN PATEL 03/29/2017 Regular Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 0.00 0.00 0.00 111.50 94547 111.50 215.94 94548 215.94 2778 SYAM AND J HANSI TRU 03/29/2017 Regular 0.00 57.09 94549 Check Register Packet: APPKT00139-20170329 CHECKS Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Payable Date Payable Description Discount Amount Payable Amount Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 57.09 2831 2392 2393 2395 TAMERA BERNARDO 03/29/201.7 Regular 0.00 105.88 94550 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 105.88 TELEPACIFIC COMMUNICATIONS 03/29/2017 Regular 0.00 412.20 94551 Invoice 03/29/2017 PHONE UTILITY 0.00 412,20 TEMPLE 57 03/29/2017 Regular 0.00 2,062.50 94552 Invoice 03/29/2017 Administrative Investigations 0.00 2,062.50 TERMINIX COMMERCIAL P 03/29/2017 Regular 0.00 225.00 94553 Invoice 03/29/2017 PROFESSIONAL SERVICES 0.00 225.00 2401 THALES CONSULTING 03/29/2017 Regular 0.00 Invoice 03/29/2017 CONSULTING SERVICES 0.00 2416 THE PRESS -ENTERPRISE 03/29/2017 Regular 0.00 Invoice 03/29/2017 ADVERTISING EXPENSE 0.00 2430 2832 2833 2456 2457 3,700.00 94554 3,700.00 126.00 94555 126.00 TIME WARNER CABLE 03/29/2017 Regular 0.00 2,133.83 94556 Invoice 03/29/2017 PHONE/INTERNET UTILITY 0.00 2,133.83 TIMOTHY HARGUS 03/29/2017 Regular 0.00 56.44 94557 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 56.44 TROY ANTINUCCI 03/29/2017 Regular 0.00 90.20 94558 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 90.20 TURF STAR, INC. 03/29/2017 Regular 0.00 607.43 94559 Invoice 03/29/2017 DEPT SUPPLIES 0.00 417.92 Invoice 03/29/2017 EQUIPMENT MAINTENANCE 0.00 77.94 Invoice 03/29/2017 EQUIPMENT MAINTENANCE 0.00 111.57 TYLER WORKS -TECHNOLOGIES 03/29/2017 Regular 0.00 50.00 94560 Invoice 03/29/2017 MONTHLY SERVICE FEE 0.00 50.00 2834 UNNI WRIGHT 03/29/2017 Regular 0.00 70.89 94561 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 70.89 2490 VERIZON BUSINESS SERVICE 03/29/2017 Regular 0.00 1,520.49 94562 Invoice 03/29/2017 PHONE UTILITY 0.00 1,520.49 2835 VINCENT RIOS JR 03/29/2017 Regular 0.00 206.28 94563 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 206.28 2842 VIVIEN JOVIAL 03/29/2017 Regular 0.00 49.00 94564 Invoice 03/29/2017 PAY OUT FOUND PROPERTY 0.00 49.00 2516 VOHNE LICHE KENNELS INC 03/29/2017 Regular 0.00 Invoice 03/29/2017 1(9 TRAINING 0.00 2520 WAL-MART COMMUNITY/RFCSLLC 03/29/2017 Regular 0.00 Invoice 03/29/2017 DEPT SUPPLIES 0.00 125.00 94565 125.00 31.90 94566 31.90 2530 WASTE MANAGEMENT, INC. 03/29/2017 Regular 0.00 488,526.65 94567 Invoice 03/29/2017 WASTE MANAGEMENT SEWER &TRASH P 0.00 488,526.65 2836 WILLIAM BARTON 03/29/2017 Regular 0.00 83.86 94568 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 83.86 2837 WYATT DURSTELER 03/29/2017 Regular 0.00 58.30 94569 Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 58.30 2838 ZARINA INDERIAS 03/29/2017 Regular 0.00 98.43 94570 Check Register Packet: APPKT00139-20170329 CHECKS Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Payable Date Payable Description Discount Amount Payable Amount Invoice 03/29/2017 REIMBURSE CREDIT ON FINALED UTILITY 0.00 98.43 Bank Code APBNK Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 139 110 0.00 843,484.47 Manual Checks 0 0 0.00 0.00 Voided Checks 0 0 0.00 0.00 Bank Drafts 0 0 0.00 0.00 EFT's 24 2 0.00 64,427.67 163 112 0.00 907,912.14 Check Register Packet: APPKT00139-20170329 CHECKS Fund Summary Fund Name 999 POOLED CASH Period 3/2017 Amount 907,912.14 907,912.14 City of Beaumont, CA Date Activity Type Vendor Number: 2577 Purchase Order: P00001 Purchase Order Activity Report Purchase Order Summary Payable ID Activity Amount Vendor Name: EPIC LAND SOLUTIONS, INC. Balance 10/11/2016 Issued 24,286.00 24286.00 12/15/2016 Invoiced 1016-0674 (2,647.26) 21638.74 12/28/2016 Invoiced 1116-0674 (3,318.00) 18320.74 1/18/2017 Invoiced 1216-0674 (1,440.29) 16880.45 2/22/2017 Invoiced 0117-0674 (2,532.24) 14348.21 3/8/2017 Invoiced 0217-0674 (1,117.72) 13230.49 Vendor Number: 1013 Vendor Name:ACCOUNTEMPS Purchase Orden P00002 12/19/2016 Issued 24,000.00 24000.00 12/28/2016 Invoiced 47271979 (1,945.77) 22054.23 1/11/2017 Invoiced 47297600 (1,945.77) 20108.46 1/11/2017 Invoiced 47417662 (1,576.32) 18532.14 1/11/2017 Invoiced 47346994 (1,970.40) 16561.74 1/18/2017 Invoiced 47489522 (1,576.32) 14985.42 1/18/2017 Invoiced 47462660 (788.16) 14197.26 2/1/2017 Invoiced 47598007 (1,576.32) 12620.94 2/1/2017 Invoiced 47546663 (1,970.40) 10650.54 2/8/2017 Invoiced 47632537 (1,773.36) 8877.18 2/15/2017 Invoiced 47679681 (1,403.91) 7473.27 2/22/2017 Invoiced 47729594 (1,896.51) 5576.76 3/8/2017 Invoiced 47798046 (1,797.99) 3778.77 3/15/2017 Invoiced 47839102 (1,551.69) 2227.08 3/15/2017 Invoiced 47873731 (1,539.38) 687.70 Vendor Number: 1395 Vendor Name: DENNIS JANDA, INC. Purchase Order: P00003 12/21/2016 Issued 9,870.00 9870.00 1/18/2017 Invoiced 11681 (165.00) Vendor Number: 2555 Vendor Name:XYLEM DEWATERING SOLUTIONS U.S.A INC Purchase Order: P00004 9705.00 12/21/2016 Issued 70,000.00 70000.00 1/18/2017 Invoiced 400668461 (9,010.44) 60989.56 1/25/2017 Invoiced 400652674 (8,300.88) 52688.68 1/25/2017 Invoiced 400671824 (1,520.00) 51168.68 1/25/2017 Invoiced 400645581 (9,010.44) 42158.24 1/25/2017 Invoiced 40671631 (2,109.75) 40048.49 1/25/2017 Invoiced 400653903 (9,010.44) 31038.05 2/8/2017 Invoiced 400675451 (416.99) 30621.06 Purchase Order Activity Report Issued Date Range - Date Activity Type Payable ID Activity Amount Balance Vendor Number: 1036 Vendor Name:ALBERT A. WEBB ASSOCIATES Purchase Order: P00005 1/5/2017 Issued 155,790.00 155790.00 1/18/2017 Invoiced 166290 (4,400.00) 151390.00 1/18/2017 Invoiced 166272 (45,562.97) 105827.03 1/18/2017 Invoiced 166296 (21,244.89) 84582.14 2/8/2017 Invoiced 170103 (550.00) 84032.14 2/8/2017 Invoiced 170108 (11,084.93) 72947.21 Vendor Number: 1127 Vendor Name: BEAUMONT DO IT BEST HOME CENTER Purchase Order: P00006 1/13/2017 Issued 1,000.00 1000.00 1/18/2017 Invoiced 433809 (52.47) 947.53 2/22/2017 Invoiced 435235 (16.45) 931.08 2/22/2017 Invoiced 435571 (7.75) 923.33 3/8/2017 Invoiced 435977 (20.34) 902.99 3/15/2017 Invoiced 436836 (6.78) 896.21 Vendor Number: 1982 Vendor Name: NAI CONSULTING, INC Purchase Order: P00007 12/21/2016 Issued 9,760.00 9760.00 2/8/2017 Invoiced Vendor Number: 1854 Purchase Order: P00008 1/1-1/31/17 Vendor Name: LEXIPOL LLC (2,555.00) 7205.00 1/10/2017 Issued 5,387.00 5387.00 2/8/2017 Vendor Number: 1854 Purchase Order: P00009 Invoiced 18877 Vendor Name: LEXIPOL LLC (5,387.00) 0.00 1/10/2017 Issued 7,215.00 7215.00 2/8/2017 Invoiced 18876 (7,215.00) 0.00 Vendor Number: 1510 Vendor Name: FIDELITY FIRE INC Purchase Order: P00010 1/13/2017 Issued Vendor Number: 2604 Purchase Order: P00011 Vendor Name: DEMO UNLIMITED INC 2,400.00 2400.00 1/13/2017 Issued 2,250.00 2250.00 2/8/2017 Invoiced 0002814 (2,250.00) 0.00 Vendor Number: 1825 Vendor Name: LAKE ELSINORE & SAN JACINTO Purchase Order: P00012 12/21/2016 Issued 37,421.00 2/22/2017 Invoiced 8732 (37,421.00) Vendor Number: 2535 Vendor Name: WEAVER GRADING, INC Purchase Order: P00013 12/21/2016 Issued 3/15/2017 Invoiced 3/22/2017 Invoiced 37421.00 0.00 25,000.00 25000.00 17-0125 (6,156.10) 18843.90 17-0314 (3,000.38) 15843.52 Purchase Order Activity Report Issued Date Range - Date Activity Type Payable ID Activity Amount Balance Vendor Number: 1302 Vendor Name: CLINICAL LABORATORY OF SAN BERNARDINO, INC. Purchase Order: P00014 12/22/2016 Issued 85,714.00 85714.00 3/15/2017 Vendor Number: 2535 Invoiced Purchase Order: P00015 955321 Vendor Name:WEAVER GRADING, INC (5,576.00) 80138.00 12/22/2016 Issued 25,000.00 25000.00 Vendor Number: 2535 Vendor Name:WEAVER GRADING, INC Purchase Order: P00016 1/3/2017 Issued 55,964.72 55964.72 Vendor Number: 1628 Vendor Name: HINDERLITER, de LLAMAS, & ASSOC Purchase Order: P00017 1/18/2017 Issued 20,000.00 20000.00 2/15/2017 Invoiced 0023577 -IN (1,813.93) 18186.07 2/15/2017 Invoiced 0026577 -IN (5,147.05) 13039.02 3/1/2017 Credited CM0000001 6,960.98 20000.00 3/1/2017 Invoiced 0026577 -IN -2 (5,147.05) 14852.95 Vendor Number: 2463 Vendor Name: UNION BANK OF CA. Purchase Order: P00018 1/18/2017 Issued Vendor Number: 2535 Purchase Order: P00019 2/10/2017 Issued Vendor Number: 1553 Purchase Order: P00020 Vendor Name:WEAVER GRADING, INC Vendor Name: GALLS INC. 46,903.42 46903.42 118,300.00 118300.00 1/3/2017 Issued 13,067.96 2/22/2017 Invoiced BC0373000 (13,037.71) Vendor Number: 1637 Vendor Name: HOUSTON & HARRIS PCS, INC Purchase Order: P00021 13067.96 30.25 2/14/2017 Issued 16,585.50 16585.50 3/8/2017 Invoiced 17-20094 (5,960.50) 10625.00 3/8/2017 Invoiced 17-20082 (10,625.00) 0.00 Vendor Number: 2624 Vendor Name:SOUTHSTAR ENGINEERING & CONSULTING, INC. Purchase Order: P00022 2/23/2017 Issued 3/8/2017 Invoiced Vendor Number: 2608 Purchase Order: P00023 BEAU MO NT -1 Vendor Name: MOTOPORT USA 104,411.00 (10,657.30) 104411.00 93753.70 1/24/2017 Issued 4,111.92 4111.92 Vendor Number: 2380 Vendor Name:SYNERGON SOLUTIONS, INC Purchase Order: P00024 2/1/2017 Issued 2,153.00 2153.00 Vendor Number: 2234 Vendor Name:SAN BERNARDINO COUNTY SHERIFFS DEPARTMENT Purchase Order: P00025 2/2/2017 Issued 9,900.00 9900.00 Purchase Order Activity Report Issued Date Range - Date Activity Type Payable ID Activity Amount Balance Vendor Number: 1036 Vendor Name:ALBERTA. WEBB ASSOCIATES Purchase Order: P00026 2/2/2017 Issued 228,735.00 228735.00 Vendor Number: 2623 Vendor Name; RIVERSIDE UNIVERSITY HEALTH SYSTEM MEDICAL Purchase Order: P00027 2/8/2017 Issued 5,000.00 5000.00 3/1/2017 Vendor Number: 2632 Invoiced Purchase Order: P00028 1067 Vendor Name: CORONA COATINGS CORP (900.00) 4100.00 2/9/2017 Issued 8,619.00 8619.00 Vendor Number: 2634 Vendor Name:CUMMINS PACIFIC Purchase Order: P00029 2/15/2017 Vendor Number: 1834 Purchase Order: P00030 Issued 1,368.29 1368.29 Vendor Name: LAW ENFORCEMENT APPRECIATION COMMITTEE 2/27/2017 Issued 2,500.00 2500.00 3/1/2017 Invoiced 04/27/17 (2,500.00) 0.00 Vendor Number: 2393 Vendor Name:TEMPLE 57 Purchase Order: P00031 2/27/2017 Issued 5,000.00 5000.00 3/1/2017 Invoiced 2351 (300.00) 4700.00 3/29/2017 Invoiced 2483 (2,062.50) 2637.50 Vendor Number: 2535 Vendor Name: WEAVER GRADING, INC Purchase Order: P00032 3/8/2017 Issued 70,643.38 70643.38 3/8/2017 Vendor Number: 2651 Purchase Order: P00033 Invoiced 17-0127 (70,643.38) Vendor Name: TSR CONSTRUCTION AND INSPECTION 0.00 3/7/2017 issued 6,879.15 6879.15 3/8/2017 Vendor Number: 2650 Invoiced Purchase Order: P00034 INVOICE NO. 1/FINAL Vendor Name: EL -CO CONTRACTORS, INC (6,879.15) 0.00 3/7/2017 Issued 2,000.00 2000.00 3/8/2017 Vendor Number: 1453 Purchase Order: P00035 Invoiced 2660 Vendor Name: ECS IMAGING, INC. (2,000.00) 0.00 3/8/2017 Issued 7,303.00 7303.00 3/8/2017 Invoiced 12010 (7,303.00) Vendor Number: 2651 Vendor Name: TSR CONSTRUCTION AND INSPECTION Purchase Order: P00036 0.00 3/7/2017 Issued 7,400.00 7400.00 3/22/2017 Vendor Number: 1856 Invoiced Purchase Order: P00037 1/FINAL Vendor Name: LEXISNEXIS RISK SOLUTIONS (7,400.00} 0.00 3/14/2017 Issued 5,100.00 5100.00 Purchase Order Activity Report Issued Date Range - Date Activity Type Payable ID Activity Amount Balance Vendor Number: 2733 Vendor Name; PVP COMMUNICATIONS Purchase Order: P00038 3/14/2017 Issued 1,028.00 1028.00 Vendor Number: 2319 Vendor Name:SOUTHWEST LIFT & EQUIPMENT, INC Purchase Order: P00039 3/14/2017 Issued 5,093.60 5093.60 Vendor Number: 2319 Vendor Name:SOUTHWEST LIFT & EQUIPMENT, INC Purchase Order: P00040 3/14/2017 Issued 8,076.00 8076.00 Vendor Number: 1744 Vendor Name:JOHNSON POWER SYSTEMS Purchase Order: P00041 3/14/2017 Issued 6,144.94 6144.94 Vendor Number: 2026 Vendor Name: PACIFIC ALARM SERVICE Purchase Order: P00042 3/17/2017 Issued 1,475.00 1475.00 Vendor Number: 2736 Vendor Name: LEONIDA BUILDER, INC Purchase Order: P00043 3/28/2017 Issued 557,593.81 557593.81 City of Beaumont, CA Canceled Payables Vendor Set: 01- Vendor Set 01 Bank: APBNK - AP Bank Vendor Number Vendor Name RAIN FOR RENT RIVERSIDE Payment Type Payment Number Check Payable Number: Description FOR WATER UTILITY Payment Reversal Register APPKT00135 - 20170328 CHECK VOID Total Vendor Amount -735.56 Original Payment Date Reversal Date Cancel Date Payment Amount 03/15/2017 03/15/2017 03/15/2017 -735.56 Payable Date Due Date Payable Amount 03/15/2017 03/15/2017 735.56 Payment Reversal Register Packet: APPKT00135 - 20170328 CHECK VOID Bank Code Summary Bank Code Canceled Payables Payables Left To Pay Again Total APBNK -735.56 0.00 -735.56 Report Total: -735.56 0.00 -735.56 WARRANTS TO BE RATIFIED Thursday, April 06, 2017 94571-94611 Issued checks $ 333,309.94 FY17 Gateway Affant Heartland $ 186.30 $ 1,829.49 $ 22,650.11 Credit Card Fees AGENDA ITEM NO. 1 DO HEREBY CERTIFY THIS WARRANT LIST HAS BEEN COMPILED AND PREPARED TO MEET THE DAILY OPERATIONS FOR THE FISCAL YEAR JULY 1, 2016 - JUNE 30, 2017 SIGNATURE: TITLE: CITY TREA SIGNATURE: is TITLE: FINANCE DIRECTOR Check Register City of Beaumont, CA Packet: APPKT00147 - 20170405 CHECKS By Check Number Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Payable Date Payable Description Discount Amount Payable Amount Bank Code: APBNK-AP Bank 1042 ALL PURPOSE RENTALS 04/05/2017 Regular 1147 1127 Invoice Invoice Invoice 04/05/2017 EQUIPMENT RENTAL 04/05/2017 EQUIPMENT RENTAL 04/05/2017 EQUIPMENT RENTAL BEAUMONT CHERRY VALLEY WATEF 04/05/2017 Regular Invoice 04/05/2017 WATER UTILITY 0.00 0.00 0.00 0.00 0.00 0.00 1,106.88 94571 639.51 311.31 156.06 127.46 94572 127.46 BEAUMONT DO IT BEST HOME CEN1 04/05/2017 Regular 0.00 81.64 94573 Invoice 04/05/2017 Miscellaneous Products Used in the Field. 0.00 22.28 Invoice 04/05/2017 DEPT SUPPLIES 0.00 5.61 Invoice 04/05/2017 DEPT SUPPLIES 0.00 36.60 Invoice 04/05/2017 BUILDING MAINTENANCE SUPPLIES 0.00 17.15 1136 BEAUMONT LAWNMOWER 04/05/2017 Invoice 04/05/2017 DEPT SUPPLIES Invoice 04/05/2017 DEPT SUPPLIES Invoice 04/05/2017 DEPT SUPPLIES Invoice 04/05/2017 DEPT SUPPLIES Invoice 04/05/2017 DEPT SUPPLIES Invoice 04/05/2017 DEPT SUPPLIES Invoice 04/05/2017 DEPT SUPPLIES Regular 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 504.14 94574 30.21 160.71 42.09 58.67 67.98 61.50 82.98 1242 CED BEAUMONT 04/05/2017 Regular 0.00 46.83 94575 Invoice 04/05/2017 DEPT SUPPLIES 0.00 46.83 2844 CHASE COLQUITT 04/05/2017 Regular 0.00 40.00 94576 Invoice 04/05/2017 DEPOSIT REFUND 0.00 40.00 1282 CINTAS CORPORATION #698 04/05/2017 Regular 0.00 565.67 94577 Invoice 04/05/2017 UNIFORM MAINTENANCE 0.00 286.53 Invoice 04/05/2017 UNIFORM MAINTENANCE 0.00 279.14 1285 CITY OF BANNING 04/05/2017 Regular 0.00 123.19 94578 Invoice 04/05/2017 LIGHTING UTILITY 0.00 123.19 1302 CLINICAL LABORATORY OF SAN BERI 04/05/2017 Regular 0.00 8,362.00 94579 Invoice 04/05/2017 Collection of Samples from WWTP 0.00 8,362.00 1334 COUTS HEATING & COOLING, INC 04/05/2017 Regular 0.00 755.69 94580 Invoice 04/05/2017 BUILDING MAINTENANCE 0.00 755.69 1354 CV -PASS DISPATCH 04/05/2017 Regular 0.00 200.00 94581 Invoice 04/05/2017 DISPATCH APPRECIATION DINNER 0.00 200.00 1361 DAN COPP CRUSHING 04/05/2017 Regular 0.00 159.64 94582 Invoice 04/05/2017 DEPT SUPPLIES 0.00 159.64 1395 DENNISJANDA, INC. 04/05/2017 Regular 0.00 7,185.00 94583 Invoice 04/05/2017 Mapping and Documents 0.00 7,185.00 1533 FRONTIER COMMUNICATIONS 04/05/2017 Regular 0.00 368.92 94584 Invoice 04/05/2017 PHONE UTILITY 0.00 79.99 Invoice 04/05/2017 PHONE UTILITY 0.00 60.78 Invoice 04/05/2017 PHONE UTILITY 0.00 126.65 Invoice 04/05/2017 PHONE UTILITY 0.00 101.50 Check Register Vendor Number Payable # 1578 1624 1637 1679 1803 1895 1984 2007 2009 2026 2039 2050 2072 2098 2848 2845 2135 Vendor Name Payable Type CORM, INC. Invoice Payment Date Payment Type Payable Date Payable Description 04/05/2017 Regular 04/05/2017 BUILDING MAINTENANCE SUPPLIES HIGH TECH IRRIGATION,INC. 04/05/2017 Invoice Invoice Invoice Invoice 04/05/2017 DEPT SUPPLIES 04/05/2017 DEPT SUPPLIES 04/05/2017 DEPT SUPPLIES 04/05/2017 DEPT SUPPLIES Regular HOUSTON & HARRIS PCS, INC 04/05/2017 Regular Invoice 04/05/2017 PROFESSIONAL SERVICES Invoice 04/05/2017 PROFESSIONAL SERVICES INTERWEST CONSULTING GRP, INC. 04/05/2017 Regular Invoice KNORR SYSTEMS INC. Invoice M BREY ELECTRIC INC Invoice NAPA AUTO PARTS Invoice Invoice Invoice NV5, INC Invoice O'REILLY AUTO PARTS Invoice Invoice Invoice Invoice Credit Memo Invoice Invoice PACIFIC ALARM SERVICE Invoice Invoice Invoice PARKHOUSE TIRE, INC. Invoice PAYCHEX OF NEW YORK Invoice POLYDYNE, INC. Invoice 04/05/2017 PROFESSIONAL SERVICES 04/05/2017 Regular 04/05/2017 DEPT SUPPLIES 04/05/2017 Regular 04/05/2017 PROFESSIONAL SERVICES 04/05/2017 04/05/2017 DEPT SUPPLIES 04/05/2017 VEHICLE MAINTENANCE 04/05/2017 VEHICLE MAINTENANCE Regular 04/05/2017 Regular 04/05/2017 PROFESSIONAL SERVICES 04/05/2017 04/05/2017 04/05/2017 04/05/2017 04/05/2017 04/05/2017 04/05/2017 04/05/2017 Regular VEHICLE MAINTENANCE VEHICLE MAINTENANCE VEHICLE MAINTENANCE VEHICLE MAINTENANCE VEHICLE MAINTENANCE VEHICLE MAINTENANCE VEHICLE MAINTENANCE 04/05/2017 Regular 04/05/2017 04/05/2017 04/05/2017 ALARM SERVICES ALARM SERVICE ALARM SERVICES 04/05/2017 Regular 04/05/2017 VEHICLE MAINTENANCE 04/05/2017 Regular 04/05/2017 PAYROLL SERVICES 04/05/2017 Regular 04/05/2017 DEPT SUPPLIES QUILL CORPORATON 04/05/2017 Regular Invoice 04/05/2017 OFFICE SUPPLIES REGINALD AUTREY Invoice RENE MARTINEZ Invoice 04/05/2017 Regular 04/05/2017 SETTLEMENT CLAIM 04/05/2017 Regular 04/05/2017 DEPOSIT REFUND RESOURCE BUILDING MATERIALS 04/05/2017 Regular Invoice 04/05/2017 DEPT SUPPLIES Packet: APPKT00147-20170405 CHECKS Discount Amount Payment Amount Number Discount Amount Payable Amount 0.00 2,393.63 94585 0.00 2,393.63 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,857.41 94586 1,169.94 499.01 49.09 139.37 7,445.28 94587 4,965.28 2,480.00 0.00 10,625.00 94588 0.00 10,625.00 0.00 2,083.92 94589 0.00 2,083.92 0.00 0.00 0.00 0.00 0.00 0.00 129.00 94590 129.00 148.83 94591 108.77 30.15 9.91 0.00 80,951.91 94592 0.00 80,951.91 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,207.15 94593 451.95 90.74 31.25 32.95 -53.34 78.44 575.16 511,50 94594 171.00 171.00 169.50 0.00 125.45 94595 0.00 125.45 0.00 2,436.51 94596 0.00 2,436.51 0.00 4,609.55 94597 0.00 4,609.55 0.00 24.77 94598 0.00 24.77 0.00 466.02 94599 0.00 466.02 0.00 500.00 94600 0.00 500.00 0.00 177.79 94601 0.00 106.67 Check Register Vendor Number Payable 4 Packet: APPKT00147-20170405 CHECKS Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable Type Payable Date Payable Description Discount Amount Payable Amount Invoice 04/05/2017 DEPT SUPPLIES 0.00 71.12 2208 ROTH STAFFING COMPANIES, L.P. 04/05/2017 Regular 0.00 5,596.00 94602 Invoice 04/05/2017 STAFFING SERVICE 0.00 2,798.00 Invoice 04/05/2017 STAFFING SERVICES 0.00 2,798.00 2282 SHRM 04/05/2017 Regular 0.00 375.00 94603 Invoice 04/05/2017 MEMBER FEES 0.00 375.00 2318 SOUTHWEST HYDRO ANALYTICS, IN' 04/05/2017 Regular 0.00 15,918.32 94604 Invoice 04/05/2017 PROFESSIONAL SERVICE 0.00 15,918.32 2435 TLMAADMINISTRATION COUNTY O 04/05/2017 Regular 0.00 1,027.57 94605 Invoice 04/05/2017 PROFESSIONAL SERVICES 0.00 739.97 Invoice 04/05/2017 PROFESSIONAL SERVICES 0.00 287.60 2456 TURF STAR, INC. 04/05/2017 Regular 0.00 2,083.75 94606 Invoice 04/05/2017 EQUIPMENT REPAIR 0.00 1,841.34 Invoice 04/05/2017 VEHICLE MAINTENANCE 0.00 188.82 Invoice 04/05/2017 VEHICLE MAINTENANCE 0.00 53.59 2461 UNDERGROUND SERVICE ALERT 04/05/2017 Regular 0.00 114.00 94607 Invoice 04/05/2017 PROFESSIONAL SERVICES 0.00 114.00 2841 VETERANS COMMUNICATION SERV! 04/05/2017 Regular 0.00 101,975.29 94608 Invoice 04/05/2017 CAMERA EQUIPMENT AND ISTALLATION F 0.00 101,975.29 2517 VOYAGER 04/05/2017 Regular 0.00 22,879.23 94609 Invoice 04/05/2017 GAS CARDS 0.00 22,879.23 2527 WASH MASTER 04/05/2017 Regular 0.00 90.00 94610 Invoice 04/05/2017 VEHICLE MAINTENANCE 0.00 90.00 2546 WILLDAN ENGINEERING 04/05/2017 Regular 0.00 47,930.00 94611 Invoice 04/05/2017 PROFESSIONAL SERVICES 0.00 8,080.00 Invoice 04/05/2017 PROFESSIONAL SERVICES 0.00 8,140.00 Invoice 04/05/2017 PROFESSIONAL SERVICES 0.00 8,530.00 Invoice 04/05/2017 PROFESSIONAL SERVICES 0.00 8,580.00 Invoice 04/05/2017 PROFESSIONAL SERVICES 0.00 6,130.00 Invoice 04/05/2017 PROFESSIONAL SERVICES 0.00 8,470.00 Bank Code APBNK Summary Payable Payment Payment Type Count Count Discount Payment Regular Checks 80 41 0.00 333,309.94 Manual Checks 0 0 0.00 0.00 Voided Checks 0 0 0,00 0.00 Bank Drafts 0 0 0.00 0.00 E FT's 0 0 0.00 0.00 80 41 0.00 333,309.94 Check Register Packet: APPKT00147-20170405 CHECKS Fund Summary Fund Name 999 POOLED CASH Period 4/2017 Amount 333,309.94 333,309.94 City of Beaumont, CA Date Activity Type Vendor Number: 2577 Purchase Order: P00001 Purchase Order Activity Report Purchase Order Summary Payable ID Activity Amount Vendor Name: EPIC LAND SOLUTIONS, INC. Balance 10/11/2016 Issued 24,286.00 24286.00 12/15/2016 Invoiced 1016-0674 (2,647.26) 21638.74 12/28/2016 invoiced 1116-0674 (3,318.00) 18320.74 1/18/2017 Invoiced 1216-0674 (1,440.29) 16880.45 2/22/2017 Invoiced 0117-0674 (2,532.24) 14348.21 3/8/2017 Invoiced 0217-0674 (1,117.72) 13230.49 Vendor Number: 1013 Vendor Name:A000UNTEMPS Purchase Order: P00002 12/19/2016 Issued 24,000.00 24000.00 12/28/2016 Invoiced 47271979 (1,945.77) 22054.23 1/11/2017 Invoiced 47297600 (1,945.77) 20108.46 1/11/2017 Invoiced 47417662 (1,576.32) 18532.14 1/11/2017 Invoiced 47346994 (1,970.40) 16561.74 1/18/2017 Invoiced 47489522 (1,576.32) 14985.42 1/18/2017 Invoiced 47462660 (788.16) 14197.26 2/1/2017 Invoiced 47598007 (1,576.32) 12620.94 2/1/2017 invoiced 47546663 (1,970.40) 10650.54 2/8/2017 Invoiced 47632537 (1,773.36) 8877.18 2/15/2017 Invoiced 47679681 (1,403.91) 7473.27 2/22/2017 Invoiced 47729594 (1,896.51) 5576.76 3/8/2017 Invoiced 47798046 (1,797.99) 3778.77 3/15/2017 Invoiced 47839102 (1,551.69) 2227.08 3/15/2017 Invoiced 47873731 (1,539.38) 687.70 Vendor Number: 1395 Vendor Name:DENNIS JANDA, INC. Purchase Order: P00003 12/21/2016 1/18/2017 4/5/2017 Vendor Number: 2555 Purchase Order: P00004 Issued Invoiced Invoiced 9,870.00 9870.00 11681 (165.00) 9705.00 11736 (7,185.00) 2520.00 Vendor Name:XYLEM DEWATERING SOLUTIONS U.S.A INC 12/21/2016 Issued 70,000.00 70000.00 1/18/2017 Invoked 400668461 (9,010.44) 60989.56 1/25/2017 Invoiced 400652674 (8,300.88) 52688.68 1/25/2017 Invoiced 400671824 (1,520.00) 51168.68 1/25/2017 Invoiced 400645581 (9,010.44) 42158.24 1/25/2017 Invoiced 40671631 (2,109.75) 40048.49 1/25/2017 Invoiced 400653903 (9,010.44) 31038.05 2/8/2017 Invoiced 400675451 (416.99) 30621.06 Purchase Order Activity Report Issued Date Range - Date Activity Type Payable ID Activity Amount Balance Vendor Number: 1036 Vendor Name:ALBERT A. WEBB ASSOCIATES Purchase Order: P00005 1/5/2017 Issued 155,790.00 155790.00 1/18/2017 Invoiced 166290 (4,400.00) 151390.00 1/18/2017 Invoiced 166272 (45,562.97) 105827.03 1/18/2017 Invoiced 166296 (21, 244.89) 84582.14 2/8/2017 Invoiced 170103 (550.00) 84032.14 2/8/2017 Invoiced 170108 (11,084.93) 72947.21 Vendor Number: 1127 Vendor Name: BEAUMONT DO IT BEST HOME CENTER Purchase Order: P00006 1/13/2017 Issued 1,000.00 1/18/2017 Invoiced 433809 (52.47) 2/22/2017 Invoiced 435235 (16.45) 2/22/2017 Invoiced 435571 (7.75) 3/8/2017 Invoiced 435977 (20.34) 3/15/2017 Invoiced 436836 (6.78) 4/5/2017 Invoiced 437069 (22.28) Vendor Number: 1982 Vendor Name: NAI CONSULTING, INC Purchase Order: P00007 1000.00 947.53 931.08 923.33 902.99 896.21 873.93 12/21/2016 Issued 9,760.00 9760.00 2/8/2017 Invoiced 1/1-1/31/17 Vendor Number: 1854 Vendor Name: LEXIPOL LLC Purchase Order: P00008 (2,555.00) 7205.00 1/10/2017 issued 5,387.00 5387.00 2/8/2017 Vendor Number: 1854 Invoiced Purchase Order: P00009 18877 Vendor Name: LEXIPOL LLC (5,387.00) 0.00 1/10/2017 Issued 7,215.00 7215.00 2/8/2017 Vendor Number: 1510 Invoiced Purchase Order: P00010 18876 Vendor Name: FIDELITY FIRE INC (7,215.00) 0.00 1/13/2017 Issued 2,400.00 2400.00 Vendor Number: 2604 Vendor Name: DEMO UNLIMITED INC Purchase Order: P00011 1/13/2017 Issued 2,250.00 2250.00 2/8/2017 Invoiced Vendor Number: 1825 Purchase Order: P00012 0002814 (2,250.00) 0.00 Vendor Name: LAKE ELSINORE & SAN JACINTO 12/21/2016 Issued 37,421.00 2/22/2017 Invoiced 6732 (37,421.00) Vendor Number: 2535 Vendor Name: WEAVER GRADING, INC Purchase Order: P00013 12/21/2016 Issued 3/15/2017 Invoiced 3/22/2017 Invoiced 37421.00 0.00 25,000.00 25000.00 17-0125 (6,156.10) 18843.90 17-0314 (3,000.38) 15843.52 Purchase Order Activity Report Date Activity Type Vendor Number: 1302 Purchase Order: P00014 Issued Date Range - Payable ID Activity Amount Balance Vendor Name:CLINICAL LABORATORY OF SAN BERNARDINO, INC. 12/22/2016 Issued 85,714.00 85714.00 3/15/2017 Invoiced 955321 (5,576.00) 80138.00 4/5/2017 Invoiced 954689 (8,362.00) 71776.00 Vendor Number: 2535 Vendor Name: WEAVER GRADING, INC Purchase Order: P00015 12/22/2016 Issued 25,000.00 25000.00 Vendor Number: 2535 Vendor Name:WEAVER GRADING, INC Purchase Order: P00016 1/3/2017 Issued 55,964.72 55964.72 Vendor Number: 1628 Vendor Name: HINDERLITER, de LLAMAS, & ASSOC Purchase Order. P00017 1/18/2017 Issued 20,000.00 20000.00 2/15/2017 Invoiced 0023577 -IN (1,813.93) 18186.07 2/15/2017 Invoiced 0026577 -IN (5,147.05) 13039.02 3/1/2017 Credited CM0000001 6,960.98 20000.00 3/1/2017 Invoiced 0026577-1N-2 (5,147.05) 14852.95 Vendor Number: 2463 Vendor Name:UNION BANK OF CA. Purchase Order: P00018 1/18/2017 Issued 46,903.42 46903.42 Vendor Number: 2535 Purchase Order: P00019 2/10/2017 issued Vendor Number: 1553 Purchase Order: P00020 Vendor Name:WEAVER GRADING, INC Vendor Name: GALLS INC. 118,300.00 118300.00 1/3/2017 Issued 13,067.96 2/22/2017 Invoiced 8C0373000 (13,037.71) Vendor Number: 1637 Vendor Name: HOUSTON & HARRIS PCS, INC Purchase Order: P00021 13067.96 30.25 2/14/2017 Issued 16,585.50 16585.50 3/8/2017 Invoiced 17-20094 (5,960.50) 10625.00 3/8/2017 Invoiced 17-20082 (10,625.00) 0.00 Vendor Number: 2624 Vendor Name:SOUTHSTAR ENGINEERING & CONSULTING, INC. Purchase Order: P00022 2/23/2017 Issued 104,411.00 3/8/2017 Invoiced BEAUMONT-1 (10,657.30) Vendor Number: 2608 Vendor Name: MOTOPORT USA Purchase Order: P00023 104411.00 93753.70 1/24/2017 issued 4,111.92 4111.92 Vendor Number: 2380 Vendor Name:SYNERGON SOLUTIONS, INC Purchase Order: P00024 2/1/2017 Issued 2,153.00 2153.00 Purchase Order Activity Report Date Activity Type Vendor Number: 2234 Purchase Order: P00025 Issued Date Range - Payable ID Activity Amount Balance Vendor Name:SAN BERNARDINO COUNTY SHERIFF'S DEPARTMENT 2/2/2017 Issued 9,900.00 9900.00 Vendor Number: 1036 Vendor Name:ALBERT A. WEBB ASSOCIATES Purchase Order: P00026 2/2/2017 Issued 228,735.00 228735.00 Vendor Number: 2623 Vendor Name: RIVERSIDE UNIVERSITY HEALTH SYSTEM MEDICAL Purchase Order: P00027 2/8/2017 Issued 5,000.00 5000.00 3/1/2017 Invoiced Vendor Number: 2632 Purchase Order: P00028 1067 Vendor Name:CORONA COATINGS CORP. (900.00) 4100.00 2/9/2017 Issued 8,619.00 8619.00 Vendor Number: 2634 Vendor Name:CUMMINS PACIFIC, LLC Purchase Order: P00029 2/15/2017 Issued 1,368.29 1368.29 Vendor Number: 1834 Vendor Name: LAW ENFORCEMENT APPRECIATION COMMITTEE Purchase Order: P00030 2/27/2017 issued 2,500.00 2500.00 3/1/2017 Invoiced Vendor Number: 2393 Purchase Order: P00031 04/27/17 Vendor Name:TEMPLE 57 (2,500.00) 0.00 2/27/2017 Issued 5,000.00 5000.00 3/1/2017 Invoiced 2351 (300.00) 4700.00 3/29/2017 Invoiced 2483 (2,062.50) 2637.50 Vendor Number: 2535 Vendor Name: WEAVER GRADING, INC Purchase Order: P00032 3/8/2017 Issued 70,643.38 70643.38 3/8/2017 Vendor Number: 2651 Invoiced Purchase Order: P00033 17-0127 (70,643.38) Vendor Name: TSR CONSTRUCTION AND INSPECTION 0.00 3/7/2017 Issued 6,879.15 6879.15 3/8/2017 invoiced Vendor Number: 2650 Purchase Order: P00034 INVOICE NO. 1/FINAL Vendor Name: EL -CO CONTRACTORS, INC (6,879.15) 0.00 3/7/2017 issued 2,000.00 2000.00 3/8/2017 Vendor Number: 1453 Purchase Order: P00035 Invoiced 2660 Vendor Name: ECS IMAGING, INC. (2,000.00) 0.00 3/8/2017 Issued 7,303.00 7303.00 3/8/2017 Vendor Number: 2651 Invoiced Purchase Order: P00036 12010 (7,303.00) Vendor Name:TSR CONSTRUCTION AND INSPECTION 0.00 3/7/2017 Issued 7,400.00 7400.00 3/22/2017 Invoiced 1/FINAL (7,400.00) 0.00 Purchase Order Activity Report Issued Date Range - Date Activity Type Payable ID Activity Amount Balance Vendor Number; 1856 Vendor Name: LEXISNEXIS RISK SOLUTIONS Purchase Order: P00037 3/14/2017 Issued 5,100.00 5100.00 Vendor Number: 2733 Vendor Name: PVP COMMUNICATIONS Purchase Order: P00038 3/14/2017 Issued 1,028.00 1028.00 Vendor Number: 2319 Vendor Name:SOUTHWEST LIFT & EQUIPMENT, INC Purchase Order: P00039 3/14/2017 issued 5,093.60 5093.60 Vendor Number: 2319 Vendor Name:SOUTHWEST LIFT & EQUIPMENT, INC Purchase Order: P00040 3/14/2017 Vendor Number: 1744 Purchase Order: P00041 Issued Vendor Name:JOHNSON POWER SYSTEMS 8,076.00 8076.00 3/14/2017 Issued 6,144.94 6144.94 Vendor Number: 2026 Vendor Name: PACIFIC ALARM SERVICE Purchase Order: P00042 3/17/2017 Issued 1,475.00 1475.00 Vendor Number: 2736 Vendor Name: LEDNIDA BUILDER, INC Purchase Order: P00043 3/28/2017 Issued 557,593.81 557593.81 MINUTES City Council Meeting Tuesday, April 4, 2017 Council Chambers 550 E 6th St. Beaumont, Ca Closed Session: 5:00 PM Regular Session: 6:00 PM Closed Session A Closed Session of the City Council / Beaumont Financing Authority / Beaumont Utility Authority / Beaumont Conservation Authority / Beaumont Successor Agency (formerly RDA), may be held in accordance with state law which may include, but is not Limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session with be made in the City Council Chambers. CALL TO ORDER at 5:01 p.m. Mayor White, Mayor Pro Tem Carroll, Council Member Lara, Council Member Orozco, and Council Member Martinez 1. Public Comments Regarding Closed Session No speakers. 2. Conference with Legal Counsel - Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) - Western Riverside Council of Governments et al. v. City of Beaumont and related cases (Case Nos. RIC 1211222; G051840; G050794; 30-2010-0035976) Appeal filed. No reportable action. 3. Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to Government Code Section 54956.9(d)(2) and/or (4) - Consideration of one (1) claim and discussion of possible acceptance, rejection or settlement of claim: Arambula. Motion by Mayor White Second by Council Member Lara 1 Council Member Martinez 1 Council Member Orozco 1 Council Member Lara _✓_ Mayor Pro Tem Carroll _✓_ Mayor White To deny the claim. Adjourn to Closed Session at 5:02 p.m. REGULAR SESSION City Council April 4, 2017 CALL TO ORDER Mayor White, Mayor Pro Tem Carroll, Council Member Lara, Council Member Orozco, and Council Member Martinez were all present. Report out from Closed Session: See above Action on any Closed Session items: Action on any requests for excused absence: None Pledge of Allegiance: Led by Council Member Martinez Approval/Adjustments to Agenda: None Conflict of Interest Disclosure: None ANNOUNCEMENTS/RECOGNITIONS/PROCLAMATIONS/CORRESPONDENCE PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) Any one person may address the City Council on any matter not on this agenda. If you wish to speak, please fill out a Public Comment Form" provided at the back table and give to the City Clerk. There is a three (3) minute time limit on public comments. There will be no sharing or passing of time to another person. State Law prohibits the Council from discussing or taking actions brought up by your comments. Public Comment opened at 6:27 p.m. Craig Chester — Asked Council to address the issue of homeless in the area Judy Bingham — Spoke about a recent BCVWD meeting Linda K. — Looking for information on her CFD Public Comment closed at 6:32 p.m. 1. Western Riverside Council of Governments et al. v. City of Beaumont and related cases (Case Nos. RIC 1211222; G051840; G050794; 30-2010- 0035976) potential resolution of litigation. Motion by Council Member Lara Second by Mayor White 1 Council Member Martinez _✓_ Council Member Orozco 1 Council Member Lara ✓ Mayor Pro Tem White _✓_ Mayor White To authorize the Mayor to sign the settlement agreement. Carried. CONSENT CALENDAR City Council April 4, 2017 Items on the consent calendar are taken as one action item unless an item is pulled for further discussion here or at the end of action items. Approval of all Ordinances and Resolutions to be read by title only. 2. Ratification of Warrants dated March 23, 2017 3. Approval of Minutes dated February 28, 2017 4. Approval of Minutes dated March 7, 2017 5. Notice of Completion and Exoneration of Performance Bond No. 23012704 for Street Improvements on Tract Map # 34862-1 6. Notice of Completion and Exoneration of Performance Bond No. 81970885 for Street/Drainage Improvements on Tract Map # 34862 7. Notice of Completion and Exoneration of Performance Bond No./103883728 for Sewer Improvements on Tract Map # 34291 Located on Oak Valley Parkway and Grapeseed Lane 8. Notice of Completion and Exoneration of Performance Bond No. 103883730 for Street/Drainage Improvements on Tract Map # 34291 9. Approval of Final Map for Tract # 36783, and Improvement Agreement for the Survey Monumentation Bond for DR Horton 10. Award of Construction Contract for Four Season Lift Station Discharge Pipe Replacement Project Project to Well Tec in the amount of $60,176 11. Approval of the Grant Application Packet for the Low Carbon Transit Operations Program (LCTOP) Project: New Commuterlink 125 12. Approve Purchase Order for Everbridge Mass Notification Service 13. Annual Compliance Report for AB1600 Development Impact Fees 14. Approve a Resolution Designating the Applicant's Authorized Agent for FY 2016/2017 Prop 1B California Transit Security Grant Program (CTSGP) California Transit Assistance Fund (CTAF) 15. Acceptance of Storm Drain Easement Located on Champions Drive for Parcel A 16. Award of Construction Contract - 8th Street Improvement Project to G.J Gentry General Engineering, Inc. from Upland, Ca 17. Approve Purchase Order of New Stand -By Sludge Pump for the Wastewater Treatment Plant 18. Award of Contract for City Wide Hot Mix Asphalt Cement Pothole Repair Project to Hardy and Harper, Inc. of Santa Ana, Ca 19. Approval of Solicitation of Construction Bids for the Wastewater Treatment Plant Access and Parking Lot Paving City Council April 4, 2017 20. Issuance of Request for Proposals (RFP) for Classification and Compensation Study 21. Agreement for Representation of Manning & Kass Eilrod, Ramirez, Trester LLP Items pulled: 10, 12, 13 Motion by Council Member Lara Second by Council Member Orozco _✓_ Council Member Martinez _✓_ Council Member Orozco 1 Council Member Lara _✓_ Mayor Pro Tem White _✓_ Mayor White To approve the remainder of the Consent Calendar Carried. 10. Award of Construction Contract for Four Season Lift Station Discharge Pipe Replacement Project to Weli Tec in the amount of $60,176 Motion by Council Member Lara Second by Council Member Orozco ✓ Council Member Martinez 1 Council Member Orozco 1 Council Member Lara _✓_ Mayor Pro Tem White _✓_ Mayor White To award the construction contract to Well Tec in the amount of $60,176. 12. Approve Purchase Order for Everbridge Mass Notification Service Motion by Council Member Lara Second by Mayor Pro Tem Carroll 1 Council Member Martinez 1 Council Member Orozco 1 Council Member Lara _✓_ Mayor Pro Tem White _✓_ Mayor White To approve purchase order for Everbridge Mass Notification City Council April 4, 2017 13. Annual Compliance Report for ABI 600 Development Impact Fees Public Comment opened at 7:13 p.m. Ron Roy — Expressed concerns for the lack of an additional regional park and asked for additional walking trails. Public Comment closed at 7:16 p.m. Motion by Council Member Lara Second by Mayor White _✓_ Council Member Martinez _✓_ Council Member Orozco 1 Council Member Lara _✓_ Mayor Pro Tem White ✓ Mayor White To approve annual compliance report for ABI600 Development Impact Fees ACTION ITEMS/PUBLIC HEARINGS/REQUESTS Approval of all Ordinances and Resolutions to be read by title only. 22. Request of Waiver of Fees for Transit Shuttles for the 2017 Cherry Festival Public Comment opened at 7:17 p.m. Buzz Doph — Asked Council to approve the waiver of fees for the Cherry Festival. Public Comment closed at 7:18 p.m. Motion by Mayor White Second by Council Member Orozco ✓ Council Member Martinez _✓_ Council Member Orozco _✓_ Council Member Lara _✓_ Mayor Pro Tem White _✓_ Mayor White To approve the transit shuttle buses fee waiver as presented. Carried 23. Approval of Resolution in Support of Assembly Bill 1326- Retail Theft Motion by Council Member Lara Second by Mayor Pro Tem Carroll 1 Council Member Martinez 1 Council Member Orozco _✓_ Council Member Lara _✓_ Mayor Pro Tem White City Council April 4, 2017 _✓_ Mayor White To authorize the Mayor to send a letter to legislators supporting Assembly Bill 1326 (AB 1326), which would make it a felony if the aggregate value of items stolen in a 12 -month period exceeding $950. Carried. 24. Wastewater Treatment Plant Expansion and Salt Mitigation Final Design Contract Award to Albert A. Webb and Associates Public Comment opened at 7:51 p.m. Judy Bingham — Expressed concerns regarding recycled water and the plant's capacity. Public Comment closed at 7:54 p.m. Motion by Council Member Lara Second by Council Member Orozco ✓ Council Member Martinez ✓ Council Member Orozco ✓ Council Member Lara _X Mayor Pro Tem White _X Mayor White To approve award of a professional service contract for the final design of Wastewater Treatment Plant Expansion and Salt Mitigation Project to Albert A. Webb in the amount not to exceed $3,120,600 and approve contingency costs not to exceed 10% ($312,060) of the proposed cost for the final design of Wastewater Treatment Plant Expansion and Salt Mitigation Project and allow any changes made by the City Attorney. Carried by a 3-2 vote 25. League of California Cities Conferences Consensus that the entire Council attend as many conferences as possible, but particularly the Annual Conference. 26. Approval of a Joint Comprehensive Analysis for the Cities of Banning and Beaumont Motion by Mayor Pro Tem Carroll Second by Council Member Lara ✓ Council Member Martinez ✓ Council Member Orozco ✓ Council Member Lara ✓_ Mayor Pro Tem White 1_ Mayor White City Council April 4, 2017 To direct Staff to coordinate with the City of Banning to prepare and submit a grant request to RCTC for a comprehensive operations analysis. Carried. 27. Consensus of City Council Meeting Dates During the Summer Months Consensus to cancel the Meeting of July 4, 2017 COUNCIL REPORTS • Carroll — Announced the Women's Club 100 year anniversary. Attended the Anthony Martinez Memorial, Taste of the Pass, Middle School Talent Show, and the Interstate 91 toll Lane Ribbon Cutting. • Lara — Attended the Anthony Martinez Memorial. Followed up on a Facility use Agreement with BUSD • Martinez — Reported that the RCA meeting was cancelled and attended the Anthony Martinez Memorial • Orozco — Attended the RTA Meeting, and Anthony Martinez Memorial • White — Attended the Vietnam Vet event, Taste of the Pass, VFW Veteran's Awards and the Anthony Martinez Memorial CITY TREASURER REPORT Public Comment opened at 8:50 p.m. Judy Bingham — Expressed concerns regarding the City Treasurer position. Public Comment closed at 8:50 p.m. No report. CITY MANAGER REPORT 28. Monthly Update for Public Works on the Wastewater Treatment Plant System, and other Projects around the City CITY CLERK REPORT Public Comment opened at 9:06 p.m. Judy Bingham — Expressed concerns regarding various public records requests Public Comment closed at 9:08 p.m. City Clerk, Andreanna Pfeiffer, gave a report regarding a request for an analysis of Laserfiche licenses for the public. CITY ATTORNEY REPORT None. City Council April 4, 2017 FUTURE AGENDA ITEMS None. ADJOURNMENT Adjournment of the City Council of the April 4, 2017 Meeting at 9:10 p.m. The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, Beaumont Utility Authority, Beaumont Conservation Authority, and the Beaumont Successor Agency (formerly RDA), is scheduled for Tuesday, April 18, 2017, at 5:00 p.m. or thereafter as noted on the posted Agenda for Closed Session items in the City Council Board Room No. 5, followed by the regular meeting at 6:00 p.m. or thereafter as noted on the posted Agenda at City Hall. Beaumont City Hall — Online www.ci.beaumont.ca.us z /0-Zfe/ De uty City Clerk Agenda Item No. Staff Report TO: Mayor and City Council Members FROM: Director of Public Works/ City Engineer DATE: April 18, 2017 SUBJECT: Approval of Final Map for Tract # 31462-8, and Improvement Agreement for the Survey Monumentation Bond for D.R. Horton. Background and Analysis: Tract # 31462-8 is located in Fairway Canyon in the area of Tukwet Canyon Parkway and Mickelson Drive. This project contains approximately 34.89 acres and includes 130 residential lots and 9 letter lots. The project complies with the Vesting Tentative Map # 31462-8. The developer has signed the Public Improvement Agreements and has submitted a performance bond: Description Survey Monumentation Bond Amount $11,480.00 The Final Tract Maps have been reviewed and approved by staff and are now ready for the City Council's acceptance. Fiscal Impact: There is no fiscal impact. 6)/e--------- Finance Director Revie : Recommendation: 1. Approve the Final Tract Map# 31462-8. 2. Accept the Bond Agreements or Survey Monumentation for Tract Map# 31462-8. City Manager Review: Attachment A. Final Tract Map and Survey Monumentation Bond Attachment "A" s R Igo a f leu 1411 4 as g 110 411 INS n a 13- 1L-1-1 14 � €per RIA 34 Qi gi gl R> d b r 1N3H0037MONNOV AZIV10N 1N3NO037MON)IOVALIV1ON 1 6t$$'y ���p yN 4 N � 9�Sy g§ P ti -J11 Ai 'd,' 1 - '� E 41 cif n Rk!"..) k' Nall!! P P 11 R WO 3 Mi li q • s N q A OK pb1 Tl ; M 0 l 01 o TO Nn ak tixA gaga " ly wp g T C X foo 1AXA r n gra Z; y RP m 11041 1 fig" iawnR a a, Rh, :111 al ill; :Noa 11 ik a Ag 0 XPA 1 21i 1 3 m taq d, skn #;t;J;;;;$»;=;y/ -�.,E.0-t'tg-,�-, ®;w,#k888888#§;|, G§`�`■-§"1■»<`■ i�4,\�;.4l5:�\1| «`-44«©" »»}§|■ � k»»»a2&»» �t■,A;§!;{ R!#a. „#@, @ !§;§;§■M$■* §l k;4�§w11 1EtE,..,.,| %§#;k; „ !, k7\§R\k\%K st a a. v a �� n k i 8 8 d- 8 8 i i 8$ 8 8 -�� z.Et. WAN A C a G t. i1 t.gz'.t.. IN 7NE CITY OF BEAUA40NT COUNTY OF R/VERS/OE STATE OF CIUFORNIA TRACT NO. 314624 6E7914 4 0051091 OF P1R467. '19' OF LOT UNE AO/ 48214 (LA 15-L1A-004, 66407060 041O9ER 24. 2014 A5 6/57601(7/7 NO. 2016-0465392, OF OFRLYAL 0(10,765 OF RECOR05 OF RIVERS/66 400777, SIAIE OF 04L4'4RRNA 90176/5 5(0605'5 J5 A190 36, 409N516P 2 507/716 RANGE 2 9£ST, SAN BER94490I610 HE1010146 AU 9J RIE 411Y 06 8041/1/090, cowl, OF 6691091104 STAIF OF G4UFLVfNIA. PROACTIVE ENGINEERING CONSULTANTS WEST FEBRUARY2017 SCALE 1'=50' 0 50 100 DETAIL "A" SCALE: I'=2D' DETAIL "B" SCALE: 1'=20' 150 69 128 TRACT 39462-7 /I 70 MB 447/17-23 ( / / 71 22 149 (1554 / LT / (#755446() (3763') 54 LOT 'C" PARCEL MAP , 2775 PUB 2J//79-84 CURVE TAB(E CURVE / RADIUS DELTA LENOIR TANGO? 4I .540.00' 142646' 36.25' 19.15' 02 34000' 61639" 32.23' 16.64' 43 100.00' 120141' 3045' If46' 44 315.00' 7'743.1' 6.65' 1.42' UNE TABLE 499 / IDIOM DIRECTION u 2395' /166'942419 42 2655' /12743'/36 13 1.02' 574'08'32T Lf 12.00' 959'17'390/ (0) TA 8 R Z. SHEET 4 OF 9 SHEETS SEE SHEET 2 FOR BASIS OF BEARINGS, EASE71671I NOTA AN0 SURVEYORS R01E5 t31 A52 (5/77J55191 (2763) (5254755() (52.61) a 65 LOT "9" PARCEL MAP 32775 PNB 237/79-84 / 531 rn rn ti \y� 1 17.3 A V 0.00. 60.77' 4.6'2435 -- -7_5(40 S7426I'E 122.30 505126E 8209' 8.47500' lu 13.00' �J CI �..165mE�•_r £7267 2J(. I I 5Ttont 226.46' rn Ffir )CB) '8 ; _-7sJo- Ll �" — nR 8 (4 i Y $ p �V 7660' 8 8 a.o a O o'i4g1N Y M ' 660' \ 6.447 14 Orr cgs 671' 09.1if /Amen w] AA'ST26w IU.58}-^_�! b n 'ice. o ti�a cc\�V Y 8 ti 02 02 20' S1331-IS 6 dO L 133HS . J rr-- ALL ti�� 'rte (.7-,- "Y 1 N u i r ♦i'! Pn •p 'H P. Sa ti (Sr,o49E) 4 1. A (sr11'orr x:164') 0-1 N (-n MBO' co d.6'<t'JS' •L=3390'— ��� 5711191E '12.29' al R.47,5. 1 3 j01 — i� CLI Ic L63"� Sr11'OIE42 6.46' _SB172.38)31'16E) ( (574YOIE 4,79.56') REMAINDER PARCEL PARCEL MAP 31865 PM8 210/20-27 1 1 1 1 5!..1 rc// S133HS 6 30 9133HS p .§ 8 V. 4 8 8 8 8 8 A R 8 8 A, 8 8 '8 L 8. }� ,i . 4 1.i h N -4cf M 4 4 . 4 y y $. ^'a - F -v1 n 4 1. A (sr11'orr x:164') 0-1 N (-n MBO' co d.6'<t'JS' •L=3390'— ��� 5711191E '12.29' al R.47,5. 1 3 j01 — i� CLI Ic L63"� Sr11'OIE42 6.46' _SB172.38)31'16E) ( (574YOIE 4,79.56') REMAINDER PARCEL PARCEL MAP 31865 PM8 210/20-27 1 1 1 1 5!..1 rc// S133HS 6 30 9133HS Rev. 02/25/2015 Basic Gov (Sales Force) # 13-+ ! 1 File # AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Parcel Map/Plot Plan No. 31462-8) THIS SECURITY AGREEMENT is made by and between CITY OF BEAUMONT ("CITY") and Western Pacific Housing, Inc., a Delaware Corporation dba D.R. Horton America's Building ("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Tract Map/Parcel Map/Plot Plan # 31462-8, ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights- of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY -approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY a performance bond issued by a corporate surety in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide a payment bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of "A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2 herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, 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 Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Performance Bond Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans 3 and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full. 11. Security for One -Year Warranty Period. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 4 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below. CITY OF BEAUMONT By Mayor Date DEVELO -R By ,% (4I1 Date d Title: Uc(° p ado, f t641 Address: (&4% aJ NO' 1 /00 ( ry 5 SUBDIVISION BOND Bond No. 0206492 KNOW ALL MEN BY THESE PRESENTS, that we Western Pacific Housing, Inc., a Delaware corporation 2280 Wardlow Circle, Suite 100, Corona, CA 92880 as Principal, and Berkley Insurance Company authorized to do business in the State of CA , as Surety, are held and firmly bound unto City of Beaumont as Obligee, in the penal sum of Eleven Thousand Four Hundred Eighty Dollars and No Cents ($ 11,480.00 ) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Western Pacific Housing, Inc., a Delaware corporation has agreed to construct in Fairway Canyon the following improvements: Final Monumentation NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, that if the said Principal shall construct, or have constructed, the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and dated this 1st day of March , 2017 S-3$89?GEEF 21REt Western Pacific Housing, Inc., a Delaware corporation rn Principal By: Berkley Insurance Company By: 1J% es �Z , L/ Marga eVA. Ginem Attorney -in -Fact c/o Willis of Florida, Inc. 4211 W. Boy Scout Blvd., Ste. 1000 Tampa, FL 33607 Inquiries: (813) 281-2095 ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH SS. On this 1st day of March, 2017 before me, personally came Margaret A. Ginem, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -In -Fact on behalf of Berkley Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature Attimk.k, Gloria Robb GLORIA ROBB Commission 4 FF 194062 Expires January 28, 2019 °'%,,n ;'`- Bonded Thru Troy Fain aaurance F90.385.7019 This area for Official Notarial Seal Senate Bill 1050, amends Sections 1189 and 1195 of the Civil Code and Section 8202 of the Government Code, relating to notaries public. The below physical format of the new disclosure notice is an example, for purposes of illustration. A notary public or other officer completing this certificate verifies only the identity of the individualwho signed the document to which this certificate is attached, and not the truthfulness, accuracy,, or validity of that document. State of California County of l reA (.t On Mcki'(''h 1 i i before me, Af0 ly1/1 Clo'ft7? I V d4 Rih/i t. (here insert name and title of officer), personally appeared liar arip- f1 i1f t; l<Pt M- l ., who proved to .ine on the basis of satisfactory evidence to be the persons} whose names) is%re subscribed to the within instrumentand acknowledged to me that hqshe/t%y executed the same in h/her/tir authorized capacity(l s), and that by 1`is/her/th it signature(s), on the instrument the person , or the entity upon behalfof which the person acted, ecuted the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS in, hand and official seal. Signature 1,A a z z (Seal) ANGELYN GUTIERREZ Commission # 2060404 z Notary Public - California Riverside County My Cornm. Expires Mar 8, 2018 b 0 al 0 a) rn 0) B o a) 0 •-4 0 c9 ccty. 4 .y. o r � C o Q, o •r Q 7+ 0. -r3 P cn P,.5, E •y,d Ri U O c6• IN WITNESS WHEREOF, the Company has caused, these, presents to be signed and attested by its appropriate officers and its 0 o corporate seal hereunto affixed this9Y -day of ! G7,411. %/'`. , 2015. o cto Attest: g (Seal) By By , Ira S. Lederman , Hafter Senior Vice President & SecretaryVide President O o p WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) o ) ss: o COUNTY OF FAIRFIELD O _o ) 3d Sworn to before me, a Notary Public in the State of Connecticut, this D/ J ay of dA,AitilL. , 2015, by Ira S. Lederman and 2 ; Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary, and the Senior Vice P - ident, respectively, of 8 Berkley Insurance Company. MARIA C. RUNDBAKEN ) / NOTARY PUBLIC f J/ 67,44,1.- < L- • it {.-fit( Q2'��Q /! o MY COMMISSION EXPIRES N C7 APRIL 30, 2019 CERTIFICATE No. BI -7756f POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: David H. Carr; Anett Cardinale; Margaret A. Ginem; Eileen C. Heard; or Brandy L. Baich of Willis of Florida, Inc. of Tampa, FL its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. Berkley Insurance Company 61, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded w and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 1 day of 971/ J , g0/-7 . ary Public, State of Connecticut (Seal) Andr= ma Agenda Item No. ID Staff Report TO: Mayor and City Council Members FROM: Director of Public Works/ City Engineer DATE: Apri118, 2017 SUBJECT: Agreement to Provide Financial Security for Tract # 31470-3, -4, -5, -6 Background and Analysis: Tract# 31470-3, -4, -5, -6 is located at Starlight Avenue and Cougar Way. This project encompasses approximately 177.5 acres. Pardee has requested approval of a Security Agreement for Tract # 31470-3, -4, -5, -6. The attached Agreement for Tract #31470-3, -4, -5, -6 pertains to major street improvements. The developer has signed a Public Improvement Agreement and has submitted a performance bond: Description Street Improvements Amount $1,392,732.80 This Agreement of Security will remain in effect, until the work is completed and the improvements are inspected and approved by the City. Fiscal Impact: There is no fiscal impact. I / Finance Director Revie dr Recommendation: 1. Accept the Agreements for Security Improvements for Tract Map# 31470-3, -4, -5, -6. City Manager Review: Attachment A. Agreement of Security B. Map of Location Attachment "A" Agreement of Security Rev. 02/25/2015 Basic Gov (Sales Force) # File # 30 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Pareel-Ma P1 n -No- 31470-3 ) THIS SECURITY AGREEMENT is made by and between CITY OF BEAUMONT ("CITY") and Pardee Homes , a California company ("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Tract Map/Pareel MapPlot-Plarr # 31470-3 , ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights- of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and Sundance North Tract 31470-3 PA31 Sewer Improvements B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER' s offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY -approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY a performance bond issued by a corporate surety in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide a payment bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of "A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2 herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, 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 Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Performance Bond Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans 3 and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full. 11. Security for One -Year Warranty Period. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 4 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below. CITY OF BEAUMONT By Mayor Date DEVELOPER By Je ambers March 24, 2017 Date Title: VP Community Development Address: Pardee Homes 1250 Corona Pointe Court, Suite 600 Corona. CA 92879 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .- .. ... A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 24, 2017 before me, Ana E. Chavez Perez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is/uRec subscribed to the within instrument and acknowledged to me that helebegitiam executed the same in hisibeitibLear authorized capacity* , and that by his/414144a signature(*) on the instrument the person(), or the entity upon behalf of which the person(X) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r "Fr ANA E. CHAVEZ PEREZ NOTARY PUBLIC - CALIFORNIA A COM I 1ISS1ON # 2107702 RIVERSIDE COUNTY j My Comm. Exp. April 19, 2019 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signature of lic Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual LJ Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" Basic Gov (Sales Force) # File # Bond No. 929644886 Premium: $1,458.00 PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated March 2.4 , 20 q, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. Sundance North Tract 31470-3 which is hereby incorporated herein and made a part hereof; and PA31 Sewer Improvements WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Three Hundred Sixty Four Thousand Three Hundred " dollars ($ 364,394.75 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *Ninety Four and 75/100 The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 22 , 2017 PRINCIPAL: Pardee Horses By Charrtbc rs Title Vl? Com -mot -Pm' CtuCtoyyrlevt SURETY: The Continental Ins Company Janina Monroe, Attomey-In-Fact - 'mar 11111• ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of on MAR, 2 2 2017 Orange before me, ) Brianne Davis, Notary Public {Mara insert name and tale of he omeer) personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the person* whose name(s) isle= subscribed to the within instrument and acknowledged 10 me that kg/she/taw executed the same in kis/her/that authorized capacity and that by bather/ signature* on the instrument the person(ei, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 4 otary Public Signature (Notary Public Seal) U U z BRIANNE DAVIS Commission No. 2017152 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Expires APRIL 1, 2017 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This fann complies with cameo California statutes regarding notary wording and, "needed. should be completed and attached to the document. Acknohredgents from other states may be completed for documents being sett to that state so long as the wording does no require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment, • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the cameo singular or plural foams by crossing off incorrect forms (Le, hefshefthey; is lam ).or circling the corns forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be elear and photographically reproducible. impression must not cover text or lines. 1f seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of des cowry clink. ▪ Additional information is nen required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached docwnent, number of pages and date. 4 indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary). • Securely attach this document to the signed docuraeai with a staple. DESCRIPTION OF /THH�E�%ATTACH�ED DOCUMENT rf` I r K'�AVU�. 4�lVt" (TIN or cn i of attached 0pgi ment)o (Title or descriptionof` ttacheddocument continued) Number of Pages L Document Date %.3b9117 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) • Attorney -in -Fact ❑ Trustee(s) ▪ Other 2015 Version vrvsw.Notaryclasses.com 800-872.9865 4 • POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually of Los Angeles, CA, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power, of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016. The Continental Insurance Company Paul B i . t Vice President State of South Dakota, County of Minnehaha, ss: On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. J. MOHR ark,,, NOTARY PUOUGAT SCOW MAMA My Commission Expires June 23, 2021 W240 -11A--) J. Mohr " Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony yyhe gfU have hereunto subscribed my name and affixed the seal of the said insurance company this dayof r (, (J t 1 ' Form F6850-4/2012 The Continental Insurance Company D. Bult Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 4 r.:s4;. ,•,e A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 24, 2017 Date before me, Ana E. Chavez Perez, Notary Public Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is/x subscribed to the within instrument and acknowledged to me that heIebe t iy executed the same in his/be a(f+l authorized capacity¢ex), and that by hist signature(*) on the instrument the person(, or the entity upon behalf of which the person(K) acted, executed the instrument. ANA E. CHAVEZ PEREZ NOTARY PUBLIC - CALIFORNIA COMMISSION # 2107702 0. RIVERSIDE COUNTY ` My Comm. Exp. April 19, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature •f * •- _ a!e OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: tom•...,. Signer's Name: 0 Corporate Officer — Title(s): 0 Partner -- ❑ Limited 0 General 0 Individual 0 Attomey in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: . d? Ya`�ra�':?'G�'v',t4':W".f.•✓pwr4.J'f. `A�..\"J?.r, ��...r: .v'f 'Y :� 02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond No. 929644886 Premium is included in the cost of the Performance Bond EXHIBIT "B" PAYMENT BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated March , 20(1, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. Sundance North Tract 31470-3 which is hereby incorporated herein and made a part hereof; and PA31 Sewer improvements WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Section 8000, et seq., of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Section 8000, et seq., of the Civil Code in the sum of Three Hundred Sixty Four Thousand Three" dollars ($ 364,394.75 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. *Hundred Ninety Four and 75/100 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8000, et seq., of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 22 , 20 17 PRINCIPAL: Pardee Homes By Ghamnx5 Title VP CONm-649 [}eVd t SURETY: ontinental Ins rance Company Janina Monroe, Attomey-In-Fact ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On MAR 2 2 2011 before me, Brianne Davis, Notary Public mare haeiTnare amuse oriheoircxrl personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the persons whose names) is/ subscribed to the within instrument and acknowledged to me that ke/sheltlyzw executed the same in Igiis/heritheir authorized capacity( )S and that by laisther/ibeck signature;( on the instrument the person(*), or the entity upon behalf of which the persona acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature 4 (Notary Public Seel) BRIANNE DAVIS Commission No. 2017152 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Expires APRIL 1, 2017 ADDITIONAL OPTIONAL INFORMATION D CRIPT1ON OF THE ATTACHED DOCUMENT iiAL,� �ii►l<�, gide or -3 'pion of attached document) AO (Tine or description of : ched document .. r ) Number of Pages I Document Date. -14.)-1(1 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) • Attomey-in-Fact ❑ Trustee(s) p Other 2015 Versionwww.NolaryCIasses.com 800-873.5x55 -4 INSTRUCTIONS FOR COMPLETING THIS FORM Thisfonn complies with miens California statutes regarding notary wording and, if needed. should be completed and attached to rhe docronent. Acknoheedgentsfront other states may be completed for documents being sent to that state so long as the wording does nor require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment, • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name u it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the cornet singular or plural forms by crossing off incorrect forms (i.e. he/she/they; is /ace ) or circling the comet forms, Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically repmduchble. Impression must not cover teat or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. S Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • indicate tide or type of attached document, number ofpages and dale. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple, POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually of Los Angeles, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016. The Continental Insurance Company Paul . Bru t Vice President State of South Dakota, County of Minnehaha, ss: On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. ... *rM., F J. MOHR 4 ;vow MAN naRBLE My Commission Expires June 23, 2021 -729A10..J J. Mohr Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this day of MR 2 2 201/ , Form F6850-4/2012 • The Continental Insurance Company D. Bult Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .a '4"'me!:�Na!sr'Nc.'...�r csi i. ,enc, a4•_—.,<_w i�w:f!-•:. �e!:�Nr.:� < KciNL trc�sc�t .:'cl w` .^.II.ae{a¢ PrT' • -i A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 24, 2017 before me, Ana E. Chavez Perez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{3) whose name(R) is/Ant subscribed to the within instrument and acknowledged to me that he/sheikhexecuted the same in hiskeatiak authorized capacity, and that by him signature(R) on the instrument the person(), or the entity upon behalf of which the person(g) acted, executed the instrument. ANA E. CHAVEZ PEREZ NOTARY PUBLIC -CALIFORNIA F COMMISSION # 2107702 Egto4 k , RIVERSIDE COUNTY L My Comm, Exp. Apr1I 19.2010 Place Notaty Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 02016 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Rev. 02/25/2015 3asic Gov (Sales Force) # 11 3 File # 3090 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Pafeel-Maps} k t PIS No- 31470-3 ) THIS SECURITY AGREEMENT is made by and between CITY OF BEAUMONT ("CITY") and Pardee Homes , a California company ("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Tract Map/Pareel MapfPlet-Plan # 31470-3 , ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights- of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and Sundance North Tract 31470-3 PA31 Street Improvements 13. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY -approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY a performance bond issued by a corporate surety in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide a payment bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no Iess than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of "A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2 herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, 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 Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Performance Bond Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plates 3 and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY' s notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing Iabor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full. 11. Security for One -Year Warranty Period. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 4 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below. CITY OF BEAUMONT By Mayor Date DEVELOPER JeT1 chambers March 24, 2017 Date Title: VP Community Development Address: Pardee Homes 1250 Corona Pointe Court, Suite 600 Corona, CA 92879 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ..�1..5.. .-... Jn:. t�'i :moi: :�w f �;'Y'l�E_Yif-�su.s� .:1.��."Y.V.i: "E .: :'w.�_ M ,l+;R._..ib tl+l'1.�iN �u•�i.4�'aY•'4'-`—'�L ���`S -•.... :'� - )..-: �S(y.•:`.s A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 24, 2017 before me, Ana E. Chavez Perez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personj*) whose name(*) is/ant subscribed to the within instrument and acknowledged to me that he/Sebattier* executed the same in hist authorized capacity, and that by hisMOMMIC signature(*) on the instrument the person(), or the entity upon behalf of which the person(!) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANA E. CHAVEZ PEREZ NOTARY PUBLIC - CALIFORNIA COMMISSION # 2107702 E RIVERSIDE COUNTY My Comm. Exp. April 19, 2019 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Sign to /, 4Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Basic Gov (Sales Force) # 1 ai qz+ File # Q Bond No. 929644885 EXHIBIT "A" Premium: $5,048.00 PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated Mare , 2011, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. Sundance North Tract 31470-3 which is hereby incorporated herein and made a part hereof; and PA31 Street Improvements WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of One Million Two Hundred Sixty One Thousand Eight * dollars ($ 1,261,885.80 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *Hundred Eighty Five and 801100 The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 22 , 20 17 . PRINCIPAL: SURETY: Pardee Homes By ZPref ambers Title V P (oYv n wri 9 V)Guelopmerlt ental Insurance Company Janina Monroe, Attomey-In-Fact ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On MAR, 2 2 2017 before me, Brianne Davis, Notary Public (Hera insert name and two or theories* ricer) personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the persons whose name(*) is/am subscribed to the within instrument and acknowledged to me that ka/shenbery executed the same in brie/her/tbeir authorized capacityfteak and that by Joiseherlibak signature* on the instrument the person, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature t (Notary Public Seat) BRIANNE DAVIS Commission No. 2017152 NOTARY PUDLIC-CALIFORNFA ORANGE COUNTY My Comm. Expires APRIL 7,2617 ADDITIONAL. OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM DESCRIPTION OF THE ATTACHED DOCUMENT (r Ada 114A4r A4. Ruched documen q qLJ e5 (Title or description of attached document continued} Jl Number of Pages i Document Date 3 h? l i 7 e or des CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) O Partner(s) RI Attorney -in -Fact ❑ Trustee(s) ❑ Other 2045 Verslon t+nrrwr.NotaryClasses.com EDO-872-5855 This form complies with current Cahronria statutes regarding notary wording and. if needed, should be completed and attached to the document, Acknol I'edgents from other slates may be completed fpr dominions being sent to that state so long as the wording does not require the California notary to violate at/Om& notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknewledginent is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public), • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. be/shemthey; is lace ) or circling the correct forms. Failure to correctly indicate this information may leadto rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on fie with the office of the county clerk. + Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. e7 Indicate title or type of attached document, number ofpages and date. 4 Indicate the capacity claimed by the signer. 1f the claimed capacity is a corporate officer. indicate the title (i.e. CEO, CFO, Secretary), • Securely attach this document to the signed document with a staple, POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually of Los Angeles, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016. linge •. The Continental Insurance Company • a Paul T. Brulat — Vice President State of South Dakota, County of Minnehaha, ss: On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. J. MOHR :aThR nwsnAPtalic My Commission Expires June 23, 2021 J. Mohr " Notary Public CERTIFICATE I, D. Butt, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. I�tjmgnl2taoi LU 11l have hereunto subscribed my name and affixed the seal of the said insurance company this day ofruin. KI , Form F6850-4/2012 The Continental Insurance Company D. Bult Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 e.�tie�,st•�-n_-•,v.. ti;.. ,•/-• fir; y . A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 24, 2017 before me, Ana E. Chavez Perez, Notary Public Date personally appeared Here Insert Name and Title of the Officer Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personre) whose name() is/gya subscribed to the within instrument and acknowledged to me that he6ebel5tlq executed the same in hist authorized capacityr> ), and that by hisnallalt signature() on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. fili.rt....141b.d&alket..4.41.iv•i41.1...A. �F N ANA E. CHAVEZ PEREZ NOTARY PUBLIC - CALIFORNIA , COMMISSION # 2107702 RIVERSIDE COUNT "Y My Comm. Exp. April 19, 2010 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Si. na re 4 : Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer -- Title(s): ❑ Partner — ❑ Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other. Signer Is Representing: onigrosamtimiiiiintMeOW Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other Signer Is Representing: e.:,..! �. �a a _ ,yW. <✓ _,....-,+..:-.h_.4 '�? ".....?-,•111 "4 ...[. �...,• •i4..vc .,•-;y.ArcvT!•••,',... ©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond No. 929644885 Premium is included In the cost of the Performance Bond EXHIBIT "B" PAYMENT BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated Marc. h 24 , 20 r!, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No.Sundance North Tract 31470-3 which is hereby incorporated herein and made a part hereof; and PA31 Street Improvements WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Section 8000, et seq., of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Section 8000, et seq., of the Civil Code in the Sum of One Million Two Hundred Sixty One Thousand*dollars ($ 1,281,885.80 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. *Eight Hundred Eighty Five and 80/100 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8000, et seq., of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 22 , 20 17 PRINCIPAL: Pardee Homes By c Fwiber5 Title VP Corr,.,..ri rh/ 06,cloprent SURETY: ental Insurance Co Janina Monroe, Attomey-In-Fact ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On �1A 2 2011 before me, Brianne Davis, Notary Public } } Store Insert mane and 114e rime other} personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the person whose name(s) islant subscribed to the within instrument and acknowledged to me that 14e/she/Yaw executed the same in bis/her/tbetr authorized capacity s) and that by icriaeheribak signature;( on the instrument the person , or the entity upon behalf of which the person** acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature 4 �VVV (Notary Public Seal) BRIANNE DAVIS Commission No. 2017152 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Expires APRIL 1, 2017 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or desion ofatta document} 5 (Title or description of attach octnttent on ) V td continued) Number of Pages I Document Date 3647 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) Lid Attorney -in -Fact ❑ Trustee(s} ❑ Other 2015 Version www.NotaryClasses.com EDO 873-9865 4 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current Califotvlia statures regarding notary woroling and. {jneeded, should be completed and attached to Me document Acknohrerjgenrs front other states may be completed for documents being sent to that state so long as the wording does not require the California nolaty to violate California notary law. • State and Cotmty information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. • The notary public must print 'his or her name as it appears within his or her commission followed by a cotturm and then your title (notary public). • Print the oarne(s) of document signer(s) who personally appear at the time of notarization. • Indicate the con=es singular or plural forms by crossing off incorrect forms (i.e. be/she/they is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • the notary seal impression must be clear and photographically reproducible. Impression must not corer test or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county cleric. 4' Additional inhumation is not required but could help to ensure this acknowledgment is not misused or attached to a different document. + Indicate title or type of attached document, number ofpages and date. 4. indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (i.e, CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AU Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually of Los Angeles, CA, its true and Iawful Attviney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016. The Continental Insurance Company Paul . Bru at Vice President State of South Dakota, County of Minnehaha, ss: On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. J. MOLAR )pnuwrrSOUTH UM My Commission Expires June 23, 2021 7)9,0-ivt„) J. Mohr " Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. It; testimony�yv. yl -.s I have hereunto subscribed my name and affixed the seal of the said insurance MAR company this day of Rlr Form F6850-4/2012 The Continental Insurance Company D. Bult Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Cr�ssci �c..��-..�1_a21:aY.. z...arat✓.s�n c��.. s.•�..eet-.e�,..tis c.a¢:a ti�L,+^z.N�sX->ec�.• c�S .w�.at:�t!?:Q,�:N. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Riverside On March 24, 2017 Date before me, ) Ana E. Chavez Perez, Notary Public Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is/ant subscribed to the within instrument and acknowledged to me that heleheititzg executed the same in hist authorized capacity( ), and that by hist haft signature(*) on the instrument the person(), or the entity upon behalf of which the person(4) acted, executed the instrument. AliaFr ANA E. CHAVEZ PEREZ A :113.m NOTARY PUBLIC - CALIFORNIA COMMISSION # 2107702 ti2 RIVERSIDE COUNTY R My Comm. Exp. April 19, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature ary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attomey in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: GSA'r✓."-='.'!'-Y':lA:�'.V�e'.'l�e�. n �5-r .���,.. ..rG.'. ✓Cti�4ti�h✓+.✓'n..r... .\ . 'T e/ .4 o.;L�:�M1\'i<..i{l�6\'K\'; (✓�i+'L4v1[✓hc�+.. • �. 02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Attachment "B" en Agenda Item No. 1 Staff Report TO: Mayor and City Council Members FROM: Director of Public Works/ City Engineer DATE: April 18, 2017 SUBJECT: Agreement to Provide Financial Security for Tract # 31470-3 Background and Analysis: Tract # 31470-3 is located east of Starlight Avenue between Oak Valley Parkway and Cougar Way. This project encompasses approximately 28.8 acres. Pardee has requested approval of a Security Agreement for Tract # 31470-3. The attached Agreement for Tract #31470-3 pertains to sewer improvements and street improvements. The developer has signed the Public Improvement Agreement and has submitted a performance bond: Description Amount Sewer Improvements $364,394.75 Street Improvements $1,261,885.80 This Agreement of Security will remain in effect, until the work is completed and the improvements are inspected and approved by the City. Fiscal Impact: There is no fiscal impac Finance Director Revi Recommendation: 1. Accept the Agreements for Security Improvements for Tract Map # 31470-3. City Manager Review: Attachment 7f A. Agreement of Security B. Map of Location Attachment "A" Agreement of Security Rev. 02/25/2015 Basic Gov (Sales Force) # 3 File # 3 89 AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Psreel4aPMP1tPIanle:) * THIS SECURITY AGREEMENT is made by and between CITY OF BEAUMONT ("CITY") and Pardee Homes , a California company ("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property-, pursuant to Tract MapiPareel-4 ap/Plot--Tart## * , ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights- of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and Sundance North Tract 31470-3,-4,-5 & -6 Major Street Improvements B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER's offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 31470-3 , 31470-4, 31470-5 & 31470-6 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY -approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY a performance bond issued by a corporate surety in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide a payment bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general liability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious Liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of "A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2 herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, 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 Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Performance Bond Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans 3 and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the hmprovements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY's notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full. 11. Security for One -Year Warranty Period. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 4 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below. CITY OF BEAUMONT By Mayor Date DEVELOPER le March ambers 4, 2017 Date Title: VP Community Development Address: Pardee Homes 1250 Corona Pointe Court, Suite 600 Corona, CA 92879 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 "�- '4. -.. - .7. v, a 'v.s: • . mak'. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 24, 2017 Date before me, Ana E. Chavez Perez, Notary Public Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name() ishugt subscribed to the within instrument and acknowledged to me that he6ehet6tlerfg executed the same in hisiolm(tisk authorized capacity**, and that by hisflMfitUfte signature() on the instrument the person(), or the entity upon behalf of which the person() acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. F to" ANA E. CHAVEZ PEREZ NOTARY PUBLIC - CALIFORNtA COMMISSION # 2107702 RIVERSIDE COUNTY My Comm. Exp. April 19, 2019 Place Notary Seal Above WITNESS my hand and official seal. OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Trtie(s): 0 Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1 -B00 -US NOTARY (1-800-876-6827) Item #5907 Basic Gov (Sales Force) # File # 10-,31,31 c Bond No. 929644887 EXHIBIT "A" Premium: $5,571.00 PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated March 24 , 201 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. Sundance r Orth Tract 31470-3, 31470-4, which is hereby incorporated herein and made a part hereof; and 31470-5 & 31470-6 Major Street Improvements WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of One Million Three Hundred Ninety Two Thousand Seven' dollars ($ 1.392,732.80 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. 'Hundred Thirty Two and 80/100 The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 22 , 2017 PRINCIPAL: Pardee Homes By Te hamberS Title VF colvwykyriotjl}a npr,,�nt SURETY: Th . ntal tnsurar.- By Janina Monroe, Attorney -in -Fact ri. ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On tiAR, 2 2 2011 } before me, Brianne Davis, Notary Public (Fiera amen name and tie oflria erhoen personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the persons whose name(e) istaxe subscribed to the within instrument and acknowledged to me that he/she/thawhe/she/thaw executed the same in kis/her/their authorized capacity and that by bsfher/tbsit signatures on the instrument the person*, or the entity upon behalf of which the persons acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature 4 (Notary Public Seal) BRIANNE DAVIS Commission No. 2017152 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Empires APRa. 1, 2017 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED OCUM T (Tub- or of attached document) (Title a description of attached docu =. continued) Number of Pages L Document Date 313PI 11 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) 6a Attomey-in-Fact p Trustee(s) ❑ Other 2015 Version uviw.Natary.iasses.com 800 872.8865 • INSTRUCTIONS FOR COMPLETING THIS FORM This fonn complies with crarent California statutes regarding notary warding and. (f needed, should be completed and attached to the document Acknohredgents from ogler states may be completedfor documents being sent to that state so tong as the wording does nor require the California notary to violate California notary law. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarisation must be the date that the signer(s) personally appeared which must also be the same date the aclmowledgment is completed. • The notary public must print his or her naive as it appears within his or her commission followed by a comma and then your title (notary public), • Print the name(s) of document signals) who personally appear at the time of noiariration. • indicate the comxt singular or plural farms by crossing off incorrect forms Ie/shef1hey; is /are ) or circling One correct foams. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducrble. Impression must not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowiedgmem form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4. Additional information is not requited but could help to ensure this acknowledgment is not misused or attached to a different docaunent. O Indicate title or type of attached document, number ofpages and date. 4 Indicate the oapaeity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually of Los Angeles, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016. . 0* The Continental Insurance Company Paul T. Bru1lat Vice President State of South Dakota, County of Minnehaha, ss: On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. J. MOHR NOW( PUBLICt�eau°aiwm�; m My Commission Expires June 23, 2021 J. Mohr " Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. Itimo y_wh, ,e�q I have hereunto subscribed my name and affixed the seal of the said insurance company this day of MAR !!{ii j , The Continental Insurance Company Form F6850-4/2012 D. Bult Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 24, 2017 Date before me, } Ana E. Chavez Perez, Notary Public Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(s) is/t subscribed to the within instrument and acknowledged to me that hebbeitlestr executed the same in hist authorized capacity(, and that by histarrOSOM signature(*) on the instrument the person(s}, or the entity upon behalf of which the person(t) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANA E. CNAVEZ PEREZ rr NOTARY PUBLIC CALIFORNIA . COMMISSION # 2107702 g RIVERSIDE COUNTY My Comm. Exp. Aprif 19, 2019 Place Notary Sea! Above WITNESS my hand and official seal. Signature�/ Signature • ot= - blic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Titie(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond No. 929644887 Premium is included in the cost of the Performance Bond EXHIBIT "B" PAYMENT BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated March 24 , 201'1, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No.Sundance N9rth Tract 31470-3, which is hereby incorporated herein and made a part hereof; and 31470-4, 31470-5 & 31470-8 Major Street Improvements WHEREAS, under the terns of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Section 8000, et seq., of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Section 8000, et seq., of the Civil Code in the sum of One Million Three Hundred Ninety Two * dollars ($ 1,392,732.80 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. *Thousand Seven Hundred Thirty Two and 801100 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8000, et seq., of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 22 , 20 17 PRINCIPAL: Pardee Homes SURETY: tinental Ins an pany e Janina Monroe, Attorney -in -Fact ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On MAR 22 2 2011 before me, } } Brianne Davis, Notary Public Oars Entail name ane Ink o le Oih personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the persons whose names) is/ subscribed to the within instrument and acknowledged to me that ke/shelthgy executed the same in kis/her/their authorized capacityj and that by itislherlibeit signature* on the instrument the person, or the entity upon behalf of which the person{* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature t (Notary Public Seal) z z fiRIANNE DAVIS Commission No. 2017152 NOTARY PUBLIC -CALIFORNIA ORANGE COUNTY My Comm. Expires APRIL 1, 2017 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED e i ( 4 a Ti a or rift134u (tachdocument) gL 7 (Title or description of attached document continued) / Number of Pages L Document Date 3f??- j) 7 OCUMENT CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Panner(s) • Attomey-in-Fact p Trustee(s) ❑ Other 2015 Version wv.ow.NotaryClassos.ccom h00.87•;,? -5865 INSTRUCTIONS FOR. COMPLETING THIS FORM This form complies with cwrenl California statures regarding notary -wording and. (/needed should be completed and attached to the document. Acknola edgents from other states may be comipfeted for documents being sent to that state so long as the wording does nor require the California notary to violate California notary law. • State and County information must be the State and Courcy where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which mustalso be the same date the aclomowkdgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural foams by crossing off incorrect forms (i.e. l &she/theyr is /are 1 or circling die correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tent or lines. If seal impression smudges, re -seal if a sufficient arra permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4. Additional information is am required but could help to ensure this acknowledgment is not misused or attached to a different document. O Indicate title or type of attached document, number of pages and date. 4 indicate the cspaeity claimed by the signer. If the claimed capacity is a corporate officer, indicate the tide (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple, ---- ----------------- J. MOHR i ,S)Noromfeueua�- J sonic rn v Awr,_- POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually of Los Angeles, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016. The Continental Insurance Company Paul . Bru at Vice President State of South Dakota, County of Minnehaha, ss: On this 5th day of December, 2016, before me personally came Paul T. Brufiat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. My Commission Expires June 23, 2021 J. Mohr '' Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony wI have hereunto subscribed my name and affixed the seal of the said insurance company this day oft. Form F6850-4/2012 The Continental Insurance Company D. Bult Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 CN.avyW.`.v'>.¢<9a•_� S-iNal✓:<Na�N.all�il.� �aS;v.C•. �._c. .u�._wi_c�0.'\¢C.'Y. v.N. ctiN.v :icy,~t:.:s,1!G�..w.v.GwC.«•.�\C...�.��AQ 11-'+ y� ^0 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 24, 2017 before me, Ana E. Chavez Perez, Notary Public Date Here insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name() ishint subscribed to the within instrument and acknowledged to me that heisbettluef executed the same in his4beratekix authorized capacity**, and that by him signature() on the instrument the person(R), or the entity upon behalf of which the person(N) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANA E. CHAVEZ PEREZ NOTARY PUBLIC - CALIFORNIA . COMMISSFON # 2107702 e RIVERSIDE COUNTY My Comm. Exp. April 19, 2019 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited ❑ General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Signer Is Representing: ..w • H�T-�= ere. • c1. • n"+\-1".,': ©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Attachment «B" piq ". ... 5Ei:119,5 5.1°.,19.!! p `41 .4 ."; g R 4 Re 4 Di Ln .. 4 4 ..t .t r-' vi 2 4 2 q 4 ID tll LI vi 0 r3", 0. 4 4 cc t.. g It. 4 4 V 0 4 g 4 4 4 I, .4 g M PF.F12 22 :11 P. 2'6..2 2 aglq?.?4,421Q Altligf,i3RS°40 Vs; 0, R 2 D, NI ,.. g., k mi 1-Iiii-a.til-igp, z 2 19. on 1 i Well Site Community Center g ri i 45' x 105' li P. i. i t P, i i P.. i 14..• e t k .. :. ; .4, i . .4 ,iz r5Ot x .05 r .90I x .5t, g ,8, 1 1h1=11_...P.1.1.3.?...ViNT § r4 r4 sgERY,8.9.4 g 0 * . t2. . 7 I, : .. .1 7-1 : t. . 4 4 ."!'. 4 °LT -1 g." `i .•42`,4,NA,Tg AVUOR,1:79,L4, ,f, ..: r.' ii, EA, '4 'a p,, !,..2 ,y, 7,9, lz ,T, .-1, '' °A P. P, FA g g ; " . . ARIL . _......... , SDNNdS -7\ me ATV nal ,,a isariew .,azume mums 11111111111111. Agenda Item No. i Staff Report TO: Mayor and City Council Members FROM: Director of Public Works/ City Engineer DATE: Apri118, 2017 SUBJECT: Agreement to Provide Financial Security for Tract # 31469-4 Background and Analysis: Tract# 31469-4 is located west of Starlight Avenue between Oak Valley Parkway and Cougar Way. This project contains approximately 14.2 acres. Pardee has requested approval of a Security Agreement for Tract # 31469-4. The attached Agreement for Tract #31469-4 consists of street improvements. The developer has signed the Public Improvement Agreement and submitted a performance bond: Description Street Improvements Amount $896,520.45 This Agreement of Security will remain in effect, until the work is completed and the improvements are inspected and approved by the City. Fiscal Impact: 323------- There is no fiscal impact. Finance Director Revi w: Recommendation: 1. Accept the Agreements for S curity Improvements for Tract Map# 31469-4. City Manager Review: Attachment A. Agreement of Security B. Map of Location Attachment "A" Agreement of Security Rev. 02/25/2015 Basic Gov (Sales Force) # `J 1 4 File # c AGREEMENT TO PROVIDE SECURITY FOR IMPROVEMENTS tom.• FOR TRACT MAP OR PARCEL MAP OR PLOT PLAN (Tract Map/Pa..,.,1 !L /I'lut PL No. 31469-4) THIS SECURITY AGREEMENT is made by and 'letween CITY OF BEAUMONT ("CITY") and Pardee Homes , a California company ("DEVELOPER"). RECITALS A. DEVELOPER has applied to the CITY for permission to develop certain real property, pursuant to Tract Map/I\...,..1 Poiut,/rk,l rim' # 31469-4 ("Map"). DEVELOPER has also asked the CITY to accept the dedication of the street or streets and other proposed public rights- of-way, parks and recreation facilities, and easements as depicted on the Map and to otherwise approve the Map so that it may be recorded as required by law; and B. The CITY requires, as a condition precedent to the acceptance and approval of the Map and the dedication of the public rights-of-way and easements depicted thereon, that such rights-of-way be improved with (for example) grading, paving, curbs, gutters, sidewalks, street lights, stormdrains, sanitary sewers and appurtenances thereto, street name signs, survey monuments, electrical and telecommunications, water pipes, water mains, fire hydrants and appurtenances thereto, and landscaping, including any warranty work for all such improvements (collectively, "Improvements"); and C. The Improvements have not yet been constructed and completed and it is the purpose of this Security Agreement to set forth the terms and conditions by which the DEVELOPER shall guarantee that such Improvements shall be constructed and completed within the time set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the acceptance of the DEVELOPER' s offer of dedication and the approval of the Map for filing and recording as provided and required by law, the CITY and the DEVELOPER hereby agree as follows: 1. Provision of Improvements. DEVELOPER shall provide, at the DEVELOPER's sole cost and expense, all necessary labor and materials to complete the construction of the Improvements depicted on the Map and described in the conditions of approval of the Map within one (1) year of the date of this Security Agreement. 2. Inspection by the CITY. The CITY shall inspect, at the DEVELOPER's sole cost and expense, all of the work, labor and materials performed and provided by the DEVELOPER in connection with the Improvements. 3. Compliance with Plans and Specifications. The Improvements shall be constructed and installed in strict accordance with the CITY -approved plans and specifications. 4. Security for Performance. Concurrently with the execution of this Security Agreement by DEVELOPER, DEVELOPER shall deliver to the CITY a performance bond issued by a corporate surety in substantially the form attached hereto as Exhibit "A", in an amount that is not less than 100% of the total estimated cost of the Improvements and any warranty therefor. The performance bond shall be issued by an "admitted" corporate surety insurer authorized to do business in the State of California and the surety insurer shall have an A.M. Best rating of at least "A, XV". The surety insurer shall have assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The security or bond shall also insure against any and all defects in the Improvements for a period of not less than one full year after the date of acceptance thereof by the CITY. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 5. Security for Contractors, Subcontractors, Laborers and Materialmen. The DEVELOPER shall also provide a payment bond issued by a corporate surety for the security of laborers and materialmen, which bond or bonds shall be in substantially the form attached hereto as Exhibit "B" and made a part hereof. The amount of the bond(s) shall be no less than 100% of the total estimated amount needed to secure payment to the contractor, to the subcontractors, and to the persons furnishing labor, materials, or equipment to them for the Improvements. The laborers and materialmen bond shall be provided by an "admitted" corporate surety insurer authorized to transact surety insurance in the State of California with an A.M. Best rating of "A, XV", and with assets exceeding its liabilities in the amount equal to or in excess of the amount of the bond, and the bond shall not be in excess of 10% of the surety insurer's assets. The bond shall be duly executed and shall meet all the requirements of Section 995.660 of the California Code of Civil Procedure. 6. General Liability and Worker's Compensation Insurance. The DEVELOPER shall, before commencing any work, obtain commercial general Iiability insurance (primary) of not less than $2,000,000.00 per occurrence for all coverages and $2,000,000.00 general aggregate. The CITY and its employees and agents shall be added as additional insureds. Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the CITY or any employee or agent of the CITY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices. Such insurance shall not prohibit the DEVELOPER, and its employees or agents, from waiving the right of subrogation prior to a loss. The DEVELOPER waives its right of subrogation against the CITY. Unless otherwise approved by the CITY, the DEVELOPER's insurance shall be written by insurers authorized to do business in the State of California and with a minimum A.M. Best rating of "A, XV." Self-insurance shall not be considered to comply with these insurance specifications. The DEVELOPER agrees to require all contractors, subcontractors and other parties hired for the Improvements to purchase and maintain insurance of the types specified 2 herein, naming as additional insureds all of the parties to this Security Agreement. The DEVELOPER shall, before commencing any work, obtain Worker's Compensation Insurance in an amount required by law and, failing to do so, the CITY may procure such insurance at the cost of the DEVELOPER. 7. Comprehensive Commercial General and Automobile Liability Insurance. The DEVELOPER, before commencing any work shall, at its own expense, maintain comprehensive commercial general and automobile liability insurance issued by a California -admitted surety company with an A.M. Best rating of no less than "A, XV" for $2,000,000 per occurrence. Coverage shall be for the entire duration of the permitted activities. Such liability insurance policy shall name, by endorsement, the City as an additional insured. 8. Indemnification. Notwithstanding the provisions of Government Code, Section 66474.9 or any other statutes of similar import, and to the full extent permitted by law, the DEVELOPER shall defend, indemnify and hold harmless the CITY, its employees, agents, officials and attorneys, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind or nature, whether actual, alleged or threatened, reasonable attorneys' fees, court costs, interest, 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 Map, the Improvements, this Agreement, or any matter related to the same; provided, however, that the indemnification to be provided by DEVELOPER to the CITY pursuant to the terms of this paragraph shall not be applicable where the aforementioned liability, claim, suit, action, etcetera, is the result of the sole negligence or sole willful misconduct of the CITY. 9. Procedure for Release of Performance Bond Security. The security furnished by the DEVELOPER shall be released in whole or in part in the following manner: a. Security shall be released upon final completion and acceptance of the Improvements. If the security furnished by the DEVELOPER is a documentary evidence of security, such as a surety bond, the CITY shall release the documentary evidence and return the original to the Surety upon final completion and acceptance of the Improvements. In the event the CITY is unable to return the original documentary evidence to the Surety, the security shall be released by written notice sent by certified mail to the DEVELOPER and to the Surety within 30 days of the City's acceptance of the Improvements. The written notice shall contain a statement that the work for which security was furnished has been completed and accepted, a description of the Improvements, and the notarized signature of an authorized CITY official. b. At such time as the DEVELOPER believes that the work for which the security was required is complete and makes payment of a partial exoneration fee of $350 to the CITY, the DEVELOPER shall notify the CITY in writing of the completed work, including a list of work completed. Upon receipt of the written notice, the CITY shall have 45 days to review and comment or approve the completion of the Improvements. If the CITY does not agree that all work has been completed in accordance with the plans 3 and specifications for the Improvements, it shall supply a list of all remaining work to be completed. c. Within 45 days of receipt of the CITY's list of remaining work, the DEVELOPER may then provide cost estimates for all remaining work for review and approval by the CITY. d. Upon receipt of the cost estimates, the CITY shall then have 45 days to review, comment, and approve, modify or disapprove those cost estimates. The CITY shall not be required to engage in this process of partial release more than once between the start of work and the completion and acceptance of all work. e. The DEVELOPER shall complete the works of Improvement until all remaining items are accepted by the CITY. Upon completion of the Improvements, the DEVELOPER shall be notified in writing by the CITY within 45 days and, within 45 days of the date of the CITY' s notice, the release of any remaining performance security shall be made within 60 days of the recording of the Notice of Completion. 10. Procedure for Release of Payment Bond Security. Security securing the payment to the contractor, his or her subcontractors and persons furnishing labor, materials or equipment may, after passage of the time within which mechanic's liens and stop notices are required to be recorded and after acceptance of the Improvements, be reduced by Surety to an amount equal to the total claimed by all claimants for whom mechanic's liens and stop notices have been recorded and notice thereof given in writing to the CITY, and if no claims have been recorded, the security may be released in full. 11. Security for One -Year Warranty Period. The release procedures described in paragraphs 9 and 10 above shall not apply to any required guarantee and warranty period nor to the amount of the performance bond security deemed necessary by the CITY for the guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorneys' fees. 12. Binding Effect. This Security Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their legal representatives and their successors and assigns. 13. Authority to Execute. The DEVELOPER hereby warrants and represents to the CITY that the individual signing this Security Agreement on behalf of the DEVELOPER is vested with the unconditional authority to do so pursuant to, and in accordance with, all applicable legal requirements, and has the authority bind the DEVELOPER hereto. 14. No Assignment. The DEVELOPER may not assign this Security Agreement, or any part thereof, to another without the prior written consent of the CITY. 15. Attorneys' Fees. In the event of legal action to enforce or interpret this Agreement or any of its provisions, the prevailing party shall be entitled, in addition to any other form of relief, to recover its reasonable attorneys' fees and costs of suit. 4 16. Execution in Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute a single agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates listed below. CITY OF BEAUMONT By Mayor Date DEVELOPER By < 571 Jeff Chambers 03/16/2017 Date Title: Vice President Community Development Address: Pardee Homes 1250 Corona Pointe Court. Suite 600 Corona, CA 92879 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 16, 2017 before me, Ana E. Chavez Perez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) subscribed to the within instrument and acknowledged to me that heiebedtJorg executed the same in hist authorized capacity(:c), and that by hist signature(*) on the instrument the person(*), or the entity upon behalf of which the person(t) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANA E. CH,WEZ PEREZ NOi'AFIY PUBLIC - CALIFORNIA • COMMISSION # 2107702 g RIVERSIDE COUNTY My Comm. Exp. April 19, 2019 Place Notary Seal Above WITNESS my hand and official seal. Signature/1"/ Signature Signature of • OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: ©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond No. 929644882 Premium: $3,586.00 Basic Gov (Sales Force) # File # EXHIBIT"A" PERFORMANCE BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereinafter designated as "Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated March IC , 20 , whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or PIot Plan No. Sundanceporth Tract 31469-4 which is hereby incorporated herein and made a part hereof; and Majors -Moonstone Avenue Improvements WHEREAS, Principal is required under the terms of the said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Beaumont (hereinafter called "City"), in the penal sum of Eight Hundred Ninety Six Thousand Five Hundred*dollars ($ 896,520.045 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. *Twenty and 45/100 The condition of this obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment therein rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 15 20 17 PRINCIPAL: SURETY: Pardee Homes By TEWP CHAM$E425 Title V f CF INGSIORKIT f oMl►)u hi rry 't i Lvp MEt1T Janina Monroe, Attomey-In-Fact .-111210100001. ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On MAR 1 5 2O 1 before me, Gina L Garner, Notary Public (Here Insert name and tale or the officer) personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the persons whose name(s) is/jua subscribed to the within instrument and acknowledged to me that km/she/11w executed the same in kis/her/their authorized capacity* and that by itie/her/ibeit signatures on the instrument the person{*, or the entity upon behalf of which the person(acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / ////L ""r=IYLe—,_ Notary Public Signature ADDITIONAL OPTIONAL INFORMATION (Notary Public Seal) DESCRIPTION OF THE ATTACHED DOCUMENT (Til»4LV script44 g (document)t0 (Title or description of attached document continued) Number of Pages L Document Date 31 L 5A 7 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) I Attomey-in-Fact ❑ Trustee(s) • Other r 015 Version vAld- Rlolsrvr.:lassee,tc:rri &)0 ? 4'8155 • 0 ■ • e • • • 11 11 GINA L. GARNER COMM. # 2021213 NOTARY PUBLIC CALIFORNIA d ORANGE COUNTY N My comm. expires May 18, 2017 iE INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and if needed, shotdd be completed and attached to the document. Actnohredgents from other states mar he completed for documents being sem to that state so long as the wording does not require the California notary to violate California notary lay. State and County information trust be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). Print the name(s) of document signers) who personally appear at the time of notarization. Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 3eelsheiti,ey— is /we ) or circling the correct (onus. Failure to correctly indicate this information may lead to rejection of document recording. The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment fonn. Signature of the notary public must match the signature on file with the office of the county clerk. 4 Additional infonnation is not required but could help to ensure this acknowledgment is not misused or attached to a diflfu1e111 document. fi Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e_ CEO, CFO, Secretary). Securely attach this document to the signed document with a staple. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually of Los Angeles, CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016. The Continental Insurance Company Paul 13 i at Vice President State of South Dakota, County of Minnehaha, ss: On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. _ r v r VIM - nr.rrw J. MOHR }SNOTP.rpunicai wolf mom My Commission Expires June 23, 2021 J. Mohr " Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this day of R 1 5 Z011 , Form F6850-4/2012 The Continental Insurance Company D. Bult Assistant Secretary r.: ..ti_.w•�o..-��..-'-e,�! ,,, a..A. o..��a�.a:+` e.- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 WaFA.FN !"- e5 "XWIr a :,7P/E %a a.wa.s.Y. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 16, 2017 before me, Ana E. Chavez Perez, Notary Public Date Here Insert Name and Me of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{e) whose name(*) ishaez subscribed to the within instrument and acknowledged to me that hettebettl®g executed the same in his/botanic authorized capacity(), and that by hist signature(*) on the instrument the person(), or the entity upon behalf of which the person(*) acted, executed the instrument. ANA E. CHAVEZ PEREZ NOTARY PUBLIC - CALIFORNIA COMMISSION # 2107702 RIVERSIDE COUNTY My Comm. Exp. April 19, 2019 wre-�4tw. Place Notary Seal Above 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Signature of Notary Pu Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator 0 Other Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Rem #5907 Bond No. 929644882 Premium is included in the Performance Bond EMT "B" PAYMENT BOND WHEREAS, the City Council of the City of Beaumont, State of California, and Pardee Homes (hereafter designated as "the Principal") have entered into Agreement To Provide Security For Improvements For Tract Map Or Parcel Map Or Plot Plan, dated March 1 S , 20 I7, whereby Principal agrees to install and complete certain designated public improvements itemized and described on Tract Map, Parcel Map or Plot Plan No. Sundance North Tract 31469-i which is hereby incorporated herein and made a part hereof; and Majors -Moonstone Avenue Improvements WHEREAS, under the terms of the said agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Beaumont to secure the claims to which reference is made in Section 8000, et seq., of the Civil Code of the State of California. NOW, THEREFORE, the Principal and the undersigned as corporate surety, are held firmly bound unto the City of Beaumont and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the said agreement and referred to at Section 8000, et seq., of the Civil Code in the sum of Eight Hundred Ninety Six Thousand* dollars (8 896,520.45 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. *Five Hundred Twenty and 45/100 It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 8000, et seq., of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on March 15 , 20 17 PRINCIPAL: Pardee Homes JE C4ArIIi5tR,S Title vice PR ES I OUT CoMMLAIfry oEVELo P M &NCT' SURETY: e Conti, -- `4 urance Company Janina Monroe, Attorney -In -Fact ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Orange } On RAR 15 2017 before me, Gina L Garner, Notary Public (Here insert name and We Of the officer) personally appeared Janina Monroe who proved to me on the basis of satisfactory evidence to be the persons whose name(s) is/ subscribed to the within instrument and acknowledged to me that kit/she/they executed the same in kis/her/ticllelr authorized capacity $ and that by kde/her/tit signatureie0 on the instrument the person(, or the entity upon behalf of which the personie acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public Signature 4 (Notary Public Sear) 11 GINA L. GARNER 11. COMM.#2021213 1I NOTARY PUBLIC CALIFORNIA ORANGE COUNTY E My comm. expires May 18, !;:,;;Lit -a tea' t fir ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (rid? d nd n t attached document) Moe or description of attached document continued) Number of Pages t Document Date 3ASA.9 CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ▪ Attomey-in-Fact p Trustee(s) ❑ Other 101 S `J^rsrrin wv'..' Not arpc. hos sta crnr —4 - INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary hording and. if needed. should be completed and attached to the docunrrnt. Acknolwedgents front other slates may be completed far documents being sear to that state so long as the wording does not require the California notary to riolate California notary lar. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her naive as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they is /air ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, othcnvise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk. 4. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. indicate title or type of attached document, number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. r-+o.ra--+.r-,ur..am POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That The Continental Insurance Company, a Pennsylvania insurance company, is a duly organized and existing insurance company having its principal office in the City of Chicago, and State of Illinois, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Janina Monroe, Tom Mc Call, Paul Boucher, Individually of Los Angeles, CA, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the insurance company and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Board of Directors of the insurance company. In Witness Whereof, The Continental Insurance Company has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 5th day of December, 2016. tial. ..04 • The Continental Insurance Company Paul . B at Vice President State of South Dakota, County of Minnehaha, ss: On this 5th day of December, 2016, before me personally came Paul T. Bruflat to me known, who, being by me duly swum, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of The Continental Insurance Company, a Pennsylvania insurance company, described in and which executed the above instrument; that he knows the seal of said insurance company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said insurance company and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance company. J. MOHi SNOIANYPUBLICati =MOM= My Commission Expires June 23, 2021 -7)94L-lo J. Mohr " Notary Public CERTIFICATE I, D. Bult, Assistant Secretary of The Continental Insurance Company, a Pennsylvania insurance company, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance company printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance company this day of R 1 5 2017 Form F6850-412012 The Continental Insurance Company D. Bult Assistant Secretary LL -PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside On March 16, 2017 Date before me, ) } Ana E. Chavez Perez, Notary Public Here Insert Name and Title of the Officer personally appeared Jeff Chambers Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person() whose name(*) is/ma subscribed to the within instrument and acknowledged to me that he6ebehtlmea' executed the same in hist authorized capacity**, and that by hist signature(} on the instrument the person(, or the entity upon behalf of which the personN) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. A-cF r ANA E. CHAVEZ PEREZ NOTARY PUBLIC - CALIFORNIA � �� COMMISSION # 2107702 2 RIVERSIDE COUNTY —,r Ally Comm. Exp. April 19, 2019 Place Notary Seal Above WITNESS my hand and official seal. Signature Sign. ture of Notary Pu • Iic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Other. Signer Is Representing: 02015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Attachment `B" 7) E \ MEMmmi r .L c 1r r1 it Pit r ,sir t r41 C I MOM. Ala g i 1j RLIGH I AVE.; I1I(mitnib161Air11111 17 st 01 4".P. 1 1 Y z s IN - : Mr"', IN MN! 011. 1 ip• NM MEI in 1= 1W 1 -1 .sr aft or / \\, u. Mot =1 -HIGHLAND SPRING AVF h�D 01 1 WI �w� ._N. 11111 !� w11111111111 .. ;� c E11111 - : - y !l11111 i 01 01 V-_ *r MEM MI110 11.1 1 NO M ow tel•' • C 111 11111 Agenda Item No. 1 Staff Report TO: Mayor and City Council Members FROM: Director of Public Works/ City Engineer DATE: April 18, 2017 SUBJECT: Approval of Final Parcel Map for Tract # 35789, and Improvement Agreement for the Survey Monumentation Bond for Sundance Corporate Center. Background and Analysis: Tract# 35789 is located at the corner of Highland Springs Avenue and 8th Street. This project contains approximately 13.60 acres and includes 6 parcels and 1 lettered parcel. The project complies with the Vesting Tentative Map # 35789. The Developer has signed the Public Improvement Agreements and submitted the following performance bond: Description Amount Survey Monumentation Bond $18,500 The Final Parcel Map has been reviewed and approved by staff and are now ready for the City Council's acceptance. Fiscal Impact: There is no fiscal impact. Finance Director Revie Recommendation: 1. Approve the Final Parcel Map# 35789. 2. Accept the Bond Agreements for Survey Monumentation for Parcel Map# 35789. City Manager Review: Attachment A. Final Parcel Map and Survey Monumentation Bond Michael Baker 1 NTERNAT 1 0 N A L. March 22, 2017 Al 55-100404 City of Beaumont Public Works Department 550 E 6d Street Beaumont, CA 92223 Subject: Parcel Map 35789 Monumentation Estimate To whom it may concem: The estimated cost for material and labor to install the survey monuments as shown on Parcel Map 35789 is $18,500. Please contact me at 780-348-7481 should any questions arise regarding this cost estimate. Sincerely, Christopher Alberts, PLS 8508 Survey Manager Palm Desert Office �r- tutre±a' SsAtiveou MBAKERINTL.COM 75-410 Gerald Ford Drive. Suite 100 Palm Desert, CA 92211 Office:760.345.748i Aorsommimememir-wow me141eragirin1304 OAMPAA 11 L__L O O CV 0ID l' • m C LL WC j r �C O E 15 9 0 P.31 M 0 E U SF Ooc 3-71 7 • 113 rfl ci] [� 1 ry ..T C▪ " ur P u 01 ru fL ▪ • rfl so (`f OPP Management April 11, 2017 3161 Net Amt. 1 a 0 8 _M a u8 o 4 cd� o L1. L u A V o o� F 2 n o' NOTE: SEE SHEET 2 FOR ADDITIONAL NOTARY ACKNOWLEDGMENT. 3 umi 0 Rg 44 nq pp APPIA ana0n6" a RA Rem tan C4 -.5.P44 hg.im t 8A 2§19 pt 8 g Y ASS K 0 fig, grA PA , so- 9• aA mAD a pj �a�a K gOM g ¢gyryi N 'np yo2 9t] 2001 9Z omn Rd :c1 S b,a yi NO! gF 0 E�N� v zKi�m z m o° jAmmz ;m A 1 9 I p 1-2:K PA gml y- A ..iN.. 73 1201 } y r 8 gaP PWe -1 gNW m Id mp o g4N 00, 0 :8 N 0 zR gr i a i az P= 463 y5 N 4 8 my 0-1 glo g9 111 uyt���z;i�o 2m mg qi 6.7 tA,A2 MMT2 iPgg EKE gm Pr ME 2 9y A ee T FI 2 w V D mA `Q2638 OJf*1 i!T� m �g 1— :-;;!!g T w�hE Y All A mo Pal Wu, CTI 5.1 p GQ MIm W 4 14 - s S133 -I5 9 AOL 133H5 aid 31i110 REST © 0' (NO0'10'30"E 975.97')R1 N 8 _NOW 1n'111"E —5114 _872 _ (1400"10'30"E 858.82')91 N, 00 10'30"E 922 71'1514 �� NO01030"E 922-71' (AJID BASIS OF BEARINGS r- r te_ 123 gpAt 6 Og C/L HIGHLAND SPRINGS AVENUE mm N! 0 a= F z fai T C! V j o tt� rn F. Z P-014 051 c 'uV I'I -C g 009 Aa pA s © D D EBBE E0 00. M. Rp is s: R N a: ; - M a N Pi 411 Pla 14 9d i ! : ! il ! 51 !: M V111" N 51 $A .A g mA a Na ir l gra N 5 q5 ' 4. ; V' "4 Pi ;0 Ili H le h i !II N 1 !°! 3 1 w y4 I P g i1 rrRS ,1 0-0 h il railk 1: a -7143 R la `z M1 ^ �� ''' -11 !! I!! !!! 1 1 11 I .3 x z...-*- -'-'*- a il i j; ; i i 44P LI AA 110 11 ci:1 1 IgM S133HS 9 30 Z 133aS EXISTING COMMLMTY PARA' / OfTENTJON BASIN N00'10'30"E 975.97' 579.75" t1 pe Ia / 1 1 / /bi 396.22'- N00"10'30"E 399.22' N00'10'30"E 170.95' 590.61' (1400'10'30"E 659-82')61 123.18' %L HIGHLAND SPRINGS AVENUE 9CNE 1 V8' 7r -268.21' '0 w A N0063'10'322'0"E `a 1 23.00 0 rl r PARCEL 5 SEE 51-EET 3 AMm Num A 8 N N99'49'30.6 178-00' I I - ,-i Na 9.30 M 454.05 PARCEL 6 SCE SHEET 3 N69'49'3045r la N '4 999'30.11 101.00 a 0 8 0 i.00 1U lE.00. 0 ,1 0 '111 � L 04.0,0z.v1 9f y iL� 1a,�00r1r—'� I31 101 If 11-3„..7._12.11.."4 �1I� 3.'A1773fi2 3R_ap5p44, 00'0 0L__53 ' _-....„.7 � _ -- fa14y.4 L179.44°4` ---6.09'5 06 L-1713. 2 y (5p13.42.36. 613'42.• R.1040 00' L-249.86 )R1 p III r 1p\11 f �F '603'6°' 6 3'L _ R-1���rL-239.213' T-120./2 0136• C/L 8Th' STREET RER R1VFR5I € CCtMT 0® PLAT T46- i 8 IOUL0IA w.—.1.6.00......-4 8a.E,u 63'3 a2 104'20'03' $3i'on g man iig _ �1 `o y s 9 3U $' 13345 8 s 8 8 8 '4 8 '4 8 j 8 8 8 8 8 8 .17 Ln m -o gA uJ cn m> a -1 4 a a 4 I= 18 8la m 1p IN m • a A453'42'35' R41444.00' Le345.53' r %y13_42'36' R_7O60.00-L_25L25' 4179 44. A -09'59'57" LL226so. "_ A469.5L=576.52 ,i07rQ` 2.3e 8.1040-00' L4248. 66')81 195 37 1489'33;07'E a R69'33'03'E 128.69' ) 065'33 03 ■ 114 S 8 t c4 BPH STREET 40 PER R111PASIIE COUNTY GEED RAT 74$'666. 8 (62')5' CD W wau=amm.im„nau.w-® O ma Wtii .P1 gOYid '11 iVO9 r 'rl F.1 F, y ��8i81p1 GG 8iai8 Gp I 9 OO y m +ptoVmY'Q-N�OIN po1JE+ ig i�vr �O FIRST AMENDED TOLLING AGREEMENT This Agreement (the "Agreement") is made effective June 10, 2016 (the "Effective Date"), by and among the City of Beaumont, and its related entities, including but not limited to, the Beaumont Utility Authority, Beaumont Finance/Financing Authority, the Beaumont Redevelopment Agency and its Successor Agency, and the Beaumont Conservation Authority (the City and its entities are collectively referred to herein as "City"), on the one hand, and Rod Gunn individually and Rod Gunn Associates, Inc. (collectively "RGA"), on the other. The City and RGA shall sometimes herein be referred to individually as "Party" and/or collectively as the "Parties". WHEREAS, the City contends that RGA provided finance, bond and related services to City; and WHEREAS, the City may have certain claims against RGA arising out of or related to the services RGA provided to City; and WHEREAS, RGA may have certain affirmative defenses against the City arising out of or related to the services RGA provided to City; and WHEREAS, the City wishes to preserve any and all claims that may exist as of the effective date relating to services provided by RGA; and WHEREAS, no Party to this Agreement admits any wrongful acts or omissions and all Parties deny any liability to the other Parties; and WHEREAS, the Parties previously entered into a Tolling Agreement that was set to expire on June 23, 2017. The Parties desire to enter into a First Amended Tolling Agreement to further toll the running of any applicable statutes of limitation or any other limitations on the period by which claims may be brought related to RGA' s representation of the City and/or 1 its agreement to provide finance, bond and/or related services, and all now and later discovered claims related thereto. NOW THEREFORE, in consideration of the foregoing and other valuable consideration the adequacy of which is admitted by the Parties, the Parties agree as follows: 1. Tolling of Statute of Limitations. The Parties hereto hereby agree that the Statute of Limitations, for any claims of any Party arising out of or relating to the above- described services and all other applicable Statutes of Limitation, Statute of Repose and/or other doctrines of claim preclusion based upon the passage of time are hereby tolled effective from June 23, 2016 through and including June 23, 2018. This tolling accrues for the benefit of each of the Parties hereto, and includes but is not limited to any claims related to fees and costs. 2. No Admission. The execution of this Agreement shall not constitute an admission by any Party of the matters addressed in the recitals herein. The execution of this Agreement shall not prohibit any Party from asserting any defense based upon any claim that an applicable Statute of Limitations may have expired prior to the effective date of this Agreement. 3. Effect of Tolling. This Agreement shall suspend the running of any and all applicable Statutes of Limitation (or other defense based upon the passage of time) and statute of repose through and including June 23, 2018 (the "Tolling Period"). If no legal action has been filed as of June 23, 2018, any and all applicable Statutes of Limitation shall again begin to run at that time. The Tolling Period provided for in this Agreement shall be excluded from any calculation of any Statute of Limitations (or other defense based upon the passage of time) for purposes of determining whether or not any Statute of Limitations has expired. 2 4. Right to Pursue Claims/Termination. Any Party to this Agreement may terminate the Tolling Period under this Agreement by delivering notice in writing declaring such termination, in which event the Tolling Period under this Agreement shall terminate thirty (30) days from the date of actual receipt of such notice. Any notices required or permitted under this Agreement shall be delivered to the following persons on behalf of the Parties, Delivery shall be effective upon confirmation of personal delivery or receipt of an emailed or mailed notice. To City: City of Beaumont Attention: City Manager & City Attorney 550 East Sixth Street Beaumont, CA 92223 To RGA: Rod Gunn Associates, Inc. / Rod Gunn rodgunn@live.com Attn: Rodney Larry Gunn 5942 Edinger, Suite 113-710 Huntington Beach, CA 92649 5. Integration. This Agreement represents the full and complete Agreement by and between the Parties regarding the subject matter of this Agreement, being the tolling of all applicable statutes of limitations and statutes of repose. This Agreement is, and is intended by the Parties to be, an integration of any and all prior Agreements or understandings, oral or written, with respect to the subject matter hereof. This Agreement shall not be modified or amended except by a writing signed by all Parties. 6. Counterparts. This Agreement may be executed in duplicate counterparts, and faxed signatures shall be deemed sufficient as originals. 3 7. Binding Effect. Upon execution of this Agreement by all Parties, this Agreement shall extend to and be binding upon and inure to the benefit of the Parties hereto, the persons named herein, their agents, partners, shareholders, guarantors, heirs, successors and assigns. 8. Advice of Counsel. Each Party acknowledges that the Party has given mature and careful thought to this Tolling Agreement, has had the opportunity to review this Tolling Agreement independently with legal counsel of the Party's independent choice, and/or has the requisite experience and sophistication to agree to, interpret, and understand the particular language of this Tolling Agreement. If any Person claims any ambiguity exists in, or disputes the interpretation of, this Tolling Agreement, no one will resolve any ambiguity in, or dispute regarding the interpretation of, this Tolling Agreement by any rule providing for interpretation against the Person who causes the uncertainty to exist or against the Person who is responsible for drafting this Tolling Agreement. 9. Choice of Law. This Agreement is entered into and to be performed in Riverside County, California. The laws of the State of California will govern the application, enforcement, and interpretation of this Tolling Agreement except to the extent that the laws of the United States of America pre-empt the laws of the State of California. Nothing in this /// /// /// 4 Tolling Agreement constitutes a choice of law as to the claims themselves, but only as to the application, enforcement, and interpretation of this Toiling Agreement. Dated: 2017 Dated4/4/4"--) 2017 Dated: 414- 2017 CITY OF BEAUMONT and Related Entities By: Its: ROD GUNN ASSOCIATES, INC. By: Its: By: ROD GUNN, an individual 5 11 FIRST AMENDED TOLLING AGREEMENT This Agreement (the "Agreement") is made effective June 10, 2016 (the "Effective Date"), by and among the City of Beaumont, and its related entities, including but not limited to, the Beaumont Utility Authority, Beaumont Finance/Financing Authority, the Beaumont Redevelopment Agency and its Successor Agency, and the Beaumont Conservation Authority (the City and its entities are collectively referred to herein as "City"), on the one hand, and Norton Rose Fulbright US LLP, formerly namedFulbright & Jaworksi LLP ("NRF -US"), on the other. The City and NRF -US shall sometimes herein be referred to individually as "Party" and/or collectively as the "Parties". WHEREAS, the City contends that NRF -US provided legal services to the City in connection with the issuance of bonds/securities; and WHEREAS, the City may have certain claims against NRF -US arising out of services provided by NRF -US; and WHEREAS, NRF -US denies that the City has any claims, and may have affirmative defenses in response to any City claims, arising out of services NRF -US provided to City; and WHEREAS, the City desires to preserve any and all claims that may exist as of the effective date relating to NRF -US providing services in connection with the issuance of bonds/securities; and WHEREAS, no Party to this Agreement admits any wrongful acts or omissions and all Parties deny any liability to the other Parties; and WHEREAS, the Parties previously entered into a rolling Agreement that was set to expire on June 10, 2017. The Parties desire to enter into a First Amended Tolling Agreement to further toll the Statutes of Limitations (as hereinafter defined) to permit further investigation -1- of the factual and legal issues involved, and to allow for further discussions and possible negotiations without causing any prejudice or loss of rights to any party; NOW THEREFORE, in consideration of the foregoing, and other valuable consideration the adequacy of which is admitted by the Parties, the Parties agree as follows: 1. Tolling of Statutes of Limitations. The Parties hereto hereby agree that the statute of limitations for any claims of any Party arising out of or relating to the above- described services and all other applicable Statutes of Repose and/or other doctrines of claim preclusion based upon the passage of time (herein collectively called the "Statutes of Limitations") are hereby tolled for the period commencing on the Effective Date through and including June 10, 2018. This tolling accrues for the benefit of each of the Parties hereto, and includes but is not limited to any claims related to fees and costs. 2. No Admission. The execution of this Agreement shall not constitute an admission by any Party of the matters addressed in the recitals herein. The execution of this Agreement shall not prohibit any Party from asserting any defense based upon any claim that an applicable Statutes of Limitations may have expired prior to the effective date of this Agreement. This Agreement is not, and shall not be construed to be (i) an admission or indication that either Party bears or does not bear any actual or potential liability to any other person (whether or not a Party to this Agreement) on any claim, action or complaint whatsoever, or (ii) an acknowledgment by any Party that any claim has or has not already been barred, or is or is not about to be barred, by the Statutes of Limitations. This Agreement may not be used or be admissible in evidence for any purpose other than to establish the tolling of the Statutes of Limitations as set out above. 3. Effect of Tolling. This Agreement shall suspend the running of any and all applicable Statutes of Limitations for the period commencing on the Effective through and 2 including June 10, 2018 (the "Tolling Period"). If no legal action has been filed as of June 10, 2018, any and all applicable Statutes of Limitations shall again begin to run at that time. The Tolling Period provided for in this Agreement shall be excluded from any calculation of any Statutes of Limitations for purposes of determining whether or not any Statutes of Limitations has expired taking into account all periods prior to the Effective Date and, if applicable, after termination of the Tolling Period. 4. Right to Pursue ClaimsfTermination. Any Party to this Agreement may terminate the Tolling Period underthis Agreement by delivering notice in writing declaring such termination, in which event the Tolling Period underthis Agreement shall terminate thirty (30) days from the date of actual receipt of such notice, instead of the termination date specified in paragraphs 1 and 4 above, after which any Party may pursue any claims against any other Party. Any notices required or permitted under this Agreement shall be delivered to the following persons on behalf of the Parties. Delivery shall be effective upon confirmation of receipt of an emailed or mailed notice. To City: City of Beaumont Attention: City Manager & City Attorney 550 East Sixth Street Beaumont, CA 92223 To NRF -US: 555 South Flower Street Forty -First Floor Los Angeles, CA 90071 Attention: Donald Hunt 5. Integration. This Agreement represents the full and complete Agreement by and between the Parties regarding the subject matter of this Agreement, being the tolling of all applicable Statutes of Limitations. This Agreement is, and is intended by the Parties to be, an - 3 - integration of any and all prior Agreements or understandings, oral or written, with respect to the subject matter hereof. This Agreement shall not be modified or amended except by a writing signed by all Parties. 6. Counterparts. This Agreement may be executed in duplicate counterparts, and faxed signatures shall be deemed sufficient as originals. 7. Binding Effect. Upon execution of this Agreement by all Parties, this Agreement shall extend to and be binding upon and inure to the benefit of the Parties hereto, the persons named herein, their agents, partners, shareholders, guarantors, heirs, successors and assigns. 8. Advice of Counsel. Each Party acknowledges that the Party has given mature and careful thought to this Tolling Agreement, has had the opportunity to review this Tolling Agreement independently with legal counsel of the Party's independent choice, and/or has the requisite experience and sophistication to agree to, interpret, and understand the particular language of this Tolling Agreement. If any Person claims any ambiguity exists in, or disputes the interpretation of, this Tolling Agreement, no one will resolve any ambiguity in, or dispute regarding the interpretation of, this Tolling Agreement by any rule providing for interpretation against the Person who causes the uncertainty to exist or against the Person who is responsible for drafting this Tolling Agreement. 9. Choice of Law. This Agreement is entered into and to be performed in Riverside County, California. The laws of the State of California will govern the application, enforcement, and interpretation of this Tolling Agreement except to the extent that the laws of the United States of America pre-empt the laws of the State of Califomia. Nothing in this /1/ /11 - 4 - Tolling Agreement constitutes a choice of Law as to the claims themselves, but only as to the application, enforcement, and interpretation of this Tolling Agreement. Dated: 2017 Dated: C 1 CITY OF BEAUMONT and Related Entities By: Its: NORTON R I SE FULBRIGHT US LLP By: ,�r1 £ CA l2- n= iZ g 0 W Its: PA rte_ c 5 Agenda Item No. IL Staff Report TO: Mayor and Council Members FROM: Director of Finance DATE: April 18, 2017 SUBJECT: Award of Contract for Fixed Asset Inventory Tracking System and Related Services (GASB 34) Background and Analysis: The City of Beaumont underwent an audit from the State Controller's Office (SCO) and received a notice of significant findings, which cited the City's noncompliance with Governmental Accounting Standards Board Statement No. 34 (GASB 34) for non -reporting of capital and infrastructure assets and the applicable recognition of depreciation which was effective for fiscal year ending June 30, 2003. In August 2016, staff solicited bids for a Fixed Asset Inventory Tracking System and Related Services which are to include establishing a baseline inventory of all City assets, establishing a property control tracking system, and providing insurable values of those assets. Additionally, a comprehensive street management inventory was included in this study in order to establish a roads inventory with overall conditions of the roads in order to develop a comprehensive pavement management program and capital improvement plan. On September 1, 2016, the City received two (2) proposals. Due to the many pressing financial needs of the City, the review of the bids was delayed until February 2017. Both bidders confirmed that their bids remained valid and City Staff evaluated them. City staff scored the bids on the basis of their sealed proposals and on the results of their in person interviews held on March 30, 2017. The two bids are summarized as follows: 1. ProBar in conjunction with AMS Proposal Score: Average 89 out of 100 Interview Score: Average 95 out of 100 Bid: Year One: $95,400 Year Two: $76,270 Year Three: $66,720 Year Four: $66,720 2. Eadie & Payne in conjunction with Hernandez Kroone & Assoc and Armanino Proposal Score: Average 52 out of 100 Interview Score: Average 49 out of 100 Bid: Year One: $90,250 + out of pocket Year Two: Ph II and III Year Three: Ph II and III Year Four: Ph II and III Note: Ph I is Needs Assessment, Ph II is Implementation, Ph III is Ongoing Services While the lower bid is from Vendor 2, the variance in the proposal score and interview score would indicate that Vendor 1 would be the better selection, and the difference in cost is$5,150,or5%. Fiscal Impact: The contract cost is budgeted in account number 100-1200-7068-0000, 50% in FY16/17 and 50% in FY17/18. Finance Director Revi Recommendation: 1. Approve a contract with Vendor 1, ProBar in conjunction with AMS, not to exceed $95,400. City Manager Review: Agenda Item No. 1,5 Staff Report TO: Mayor and Council Members FROM: Director of Public Works/City Engineer DATE: April 18, 2017 SUBJECT: Amend existing scope of work and purchase order in the amount not to exceed $50,000 to NAI Consultants of Cathedral City for Transportation Infrastructure Needs Analysis Report Background and analysis On November 1, 2016, City Council approved an amendment to NAI Consultants contract and scope of service not to exceed $25,000 to review the scope and prepare estimates for completed transportation facilities that may have been eligible under TUMF guidelines. On May 3, 2016, City Council awarded a contract for a Development Impact Fee (DIF) study to Colgan Consulting Corporation. The Colgan Consulting Corporation study requires the identification of roadway segments with the Beaumont city limits that do not conform to the roadway classifications presented in the City's General Plan. On April 4, 2017, City Council approved a settlement agreement with Western Riverside Council of Government (WRCOG) which will allow the City to join the TUMF program again. The City's current Road and Bridge impact fee will have to be revised to exclude TUMF eligible facilities. WRCOG is also updating its nexus study to include projects in City of Beaumont. Beaumont now needs to establish a local road and bridge report fee that excludes TUMF network improvements. NAI will provide the City with inventory and new cost estimates for local projects. NAI can complete the Transportation Infrastructure Needs Analysis Report in a timely manner. The cumulative total amount of the NAI contract will be $75,000. The cost to perform this study is $41,960 and 20% contingency ($8,040) is added to address any unforeseen issues and prevent delays. Fiscal Impact: The costs of this agreement are being funded from account (01-3100-4060-0000). Finance Director Reviev is Recommendations: 1. Approve amendment to the Agreement with NAI Consultants of Cathedral City for analysis of TUMF eligible facilities and increase the purchase order in the amount of $50,000. City Manager Review: Attachment Exhibit A- Proposal from NAI Consulting of Cathedral City Exhibit A NAI Consulting Proposal fit." NAI Consulting 68-955 Adelina Road Cathedral City, CA 92234 P (760) 323-5344 March 22, 2017 Public Works City of Beaumont Attn: Amer Jakher, P.E. City Engineer 550 E. 6th Street Beaumont, CA 92223 Subject: Engineering Services — Proposal to Prepare Transportation Infrastructure Needs Analysis Report Dear: Mr. Jakher NAI Consulting, Inc. (NAI) is pleased to submit this lump sum, not to exceed, scope of services to provide engineering services for the preparation of a Transportation Infrastructure Needs Analysis Report. Understanding The purpose of the infrastructure needs analysis is to identify segments of roadways within the current City of Beaumont corporate limits that do not conform to the roadway classifications presented in the City's General Plan. This analysis will be used to create the Development Impact Fee (DIF) Study. The intent of the DIF is to satisfy the requirements of the Mitigation Fee Act. It is important to quantify the infrastructure needs analysis in a manner to allow impact fees to be calculated based on the category of the development. The City of Beaumont has approximately 88 street segments separated by roadway classification within the City's corporate boundary. Within these segments two (2) are expressways, four (4) are urban arterial highways, one (1) is an urban arterial frontage road, five (5) are arterial highways, 16 are major highways, two (2) are major frontage roads, 18 are secondary roads, one (1) is a secondary frontage road, 23 are divided collectors, and 16 are collectors. The infrastructure needs analysis will further separate the streets into one (1) mile segments. The streets will be separated in this way to create reasonable constructible segments. There is a total of 106 anticipated street segments to be analyzed. This report assumes that only roadways within the corporate boundaries will be eligible for DIF, as identified in the attached table. At the request of the City we can provide a proposal to further analyze the street segments within the sphere of influence or as shown on the General Plan Circulation Element Map. It�a-NAI Consulting 68-955 Adelina Road Cathedral City, CA 92234 P (760) 323-5344 Approach The methodology will include driving each classified roadway to observe current road, sidewalk and landscape conditions. Field measurements will be taken to establish current roadway cross-sections which will be compared to the required cross-sections presented within the General Plan. For unconstructed roadways, the future alignments will be observed in the field where conditions permitted. Where site access is not possible the alignment will be viewed utilizing aerial photos. Those segments of classified roadways that do not currently comply with General Plan Standards will be presented with an aerial photo showing the limits of work, a cross- section of the finished roadway with required work highlighted. The work will be separated between developer conditioned construction, DIF eligible construction, and TUMF eligible construction. A cost estimate in tabular format listing items of work, units of work, unit prices and total costs is presented. Soft costs, including design, testing, survey and project administration will be listed as separate line items. Unit costs will be obtained by reviewing recent City and Riverside County roadway improvement bids and engineering judgment. Depending on the work being done, a summary of roadway, sidewalk and landscape/irrigation costs on a per -square -foot basis is shown for each roadway project. Bridges and culverts will be identified separately. The unit costs will be estimated using recent unit costs and utilizing the TUMF Cost Fee Summaries. Sidewalk deficiencies will be included in the roadway estimates. Costs for wider or meandering sidewalks will not be addressed at this time. Lastly, future traffic signals will be identified and shown on an overall map of the City. This report assumes that the City will provide the future locations. This report will not investigate potential signal needs. Bicycle Pathway deficiencies within the City limits will be investigated. This report will only address Class 2 Bike Paths since they have a dedicated lane within the street section. The Transportation Infrastructure Needs Analysis assumes that the City will not use eminent domain or any other form of land acquisituion for the non -conforming roadway sections. The non -conforming sections shown in this study are assumed to be adjacent to properties that will be conditioned to dedicate additional right-of-way by the City when development occurs. For the purpose of this Study the report will flag right-of-way deficiencies when adjacent property is already developed. Page 2 of 5 41to NAI Consulting 68-955 Adelina Road Cathedral City, CA 92234 P (760) 323-5344 Project Staffing Nick Nickerson, President, will serve as the project manager and main point of contact for this project. Mr. Nickerson has prepared numerous Transportation Infrastructure Needs Analysis Reports. Lorissa Gruehl, P.E., will serve as the Project Engineer. Ms. Gruehl has over 12 years of experience as a civil engineer specializing in roadway improvements. Ms. Gruehl has recently worked on the City of Beaumont's Third Party TUMF Compliance Report. Mr. Nickerson and Ms. Gruehl will be supported by experienced associate engineers. Scope Project Coordination and Meetings This task includes project management and administration, agency and sub -consultant coordination, scheduling, budgeting, progress reporting, and invoicing. Kick-off Meeting The project will be initiated with a PDT kick-off meeting to establish data exchange and submittal procedures, request and discuss available reference documents (as-builts, etc.), discuss preferred invoicing formats, etc. A kick-off meeting agenda will be prepared by the NAI project manager and distributed to the PDT at least 3 days prior to the meeting. During this meeting, we will also establish and confirm the approach the City would like us to take with regards to the roads that do not currently exist. Project Milestone Meetings Project Milestone Meetings will be held after each submittal. We assume a total of two (2) milestone meetings. We will supplement these meetings with on-going communication with the City. We are always available to discuss the project and answer any questions the City may have. Field Review We will supplement our aerial research and inventory with a field review. The field review will establish actual measurements to further calibrate the aerials and will verify utility/other conflicts that may not have been apparent in the aerials. Page 3 of 5 NAI Consulting 68-955 Adelina Road Cathedral City, CA 92234 P (760) 323-5344 Report Preparation The report will be prepared to include infrastructure needs as identified in the project approach. We assume a total of two (2) City reviews. We anticipate the report will include the following: 1. Executive Summary 2. Roadways broken into mile long segments and classification — We anticipate a total of 106 Segments 3. Signals — We anticipate one (1) Exhibit 4. Bridges/Culverts — We anticipate 11 Projects 5. Cost Summary — We anticipate four (4) pages Fee NA1 will provide the above services on "lump sum, not to exceed" basis. Task Description Hrs Cost 1. Project Coordination and Meetings (Two Professionals) 32 $ 4,800.00 2. Field Review (Two Professionals) 32 $ 3,760.00 3. Prepare Report (Three Professionals) 358 $32,900.00 4. Direct Cost Budget - $ 500.00 ESTIMATED NAI COST: $41,960.00 Direct Costs (reproduction, messenger service and postage) will be provided with 15% markup. These costs are over and above our proposed fee. NAI Consulting maintains $1 Million Dollars of Professional Liability Insurance, $2 Million Dollars of General Liability Insurance, and $1 Million Dollars of Automobile Insurance coverages. NAI Consulting cannot waive its right to subrogation. Page4of5 vie NAI Consulting 68-955 Adelina Road Cathedral City, CA 92234 P (760) 323-5344 Thank -you for allowing NAI the opportunity to provide engineering services for the preparation of a Transportation Infrastructure Needs Analysis Report. Please don't hesitate to contact me at (760) 323-5344 if you have questions or require additional information. Sincerely, 3.inutra-J4.4 LLOYD "N . K" NICKERSON, JR. President Attachments: 1. City of Beaumont Street Segments Page 5 of 6 E39.1`.2.72.8 N 9 O W OO�� W J qq ((1m� 8 8 yIl�� [[]]�� A W UU�� N+ Yy 0 t w iI LL o4 W N pp A m fV + pp ((pp G G ((DD 6 .�pp WW V O.: 715,;j: N f� 1 A U DIV 0 0 A W N N ''1 0-. ' i Beaumont Avenue Beaumont A enue 11 Beaumont .,venue Beaumont Avenue Beaumont A- anus Capra A anus :)Genoa Avenue IPenn.ryl ante Avenue .Pennsylvania A•enue Penney': ania Avenue Bth Street Bth Street Bth Street Allegheny Avenue m� 4410...; 'S"22' m tea. z$' - Chevy Avenue Palm Avenue 3 cmc 3 3 ,-,9, a i i 3 mw / i p nl;e venus •rrsn • tank W .Irae a•aotrev Hryhler4 Sprays . •a-ru. •- 'Highland SArirge Atnnue • Shod !nI 6kr•PI 111.111•111 Amulet Highland Springs Avenue 1n 11 W 1t- v t' �y6rn Mans HWhlentl 5 ri A R Erol rnpc4r. nrkrlg trig Mk • = a•a•w•1O rnuen' stiuudc ouerubru lm rye..Oey0PL3PueI4u!HWIsaM.00S-Il 911441 41D e',IIDu•e'l ysaaal 114th Street IR.e,,,e..er eee.,,e luu.aie...r c...:.._e ti i3eaeit n' ns ua errore On a !major Frontage Road Desert Linen Drive !Birdie Drive Oek Valley Parkway Wolin g 5" 3 u ,� c_ . m 'L' 4 s o 3m m 1.c ag- m E Oak Valley Parkway J" Street" Potrero Boulevard Major Frontage Road Oek Valley Parkway Potrero Boole., and 1-10 Exit (West) Vrban Arterial Frontage Road !Oak'. alley Park ?ay I"G" Street (Palmer,•,enue) I" Street" Secondary Frontage Roed 1 .1. [• :i T = '11 1. 11 k e i_ d . 8 j 9 0 v 0 _ y 4 i c Ill - ' Ianm s a a� * ki. ' o Cherry "alley Boulevard Brookside., enue .4k �� w, w ill m Y Welkerad A enue Penna,l'•ania Ae }flue Allegheny :.venue 6th Street A m �a$''mt.3.K c,„?_ m m_p 3 i O a F FtEri 00 u a o n Elm A •enue Couper We., 3c K a -.i D 1[ aa 3 City Limits City Limit (South) 6E. blase! 3 E Broolcide avenue 1270' South of Coujar ['Jay YS E- 4s5? - it Penns,, anis Avenue Alleghent Avenue Highland Spring. k. anus 6th Street m a 3' I � m1, =1'"o n m C 0 m T m m �,- pE o K 14th Street 6th Street Highland Springs Avenue Highland Spriry,s Avenue 14th Street Bth Street n 0 C.111 11m k�X�aa.a <K T uw Secondary Di- hied Collector Ma .r Secunda Coliewr Divided Collector Ma'•r Collector Secondary Major 'Collector n 0aeke0 Co Collector Collector Major 0 Ided Collector Divided Collector Secondary Divided Collector Divided Collector Collector WV li Z Description 1 Length Iengdl Total Segments'' (ft) 4m0 .seg=1mlj Seeondary 9.975 .9 AA i ✓pD X00 VI O C0A-' YsiO N O G N'�V Irorov pp. m"IT G G G a Ili Vi O Ilii NIV w tali Iy�~fn O N tUo I��ap 0 0 6 lyes ImV d 8 1V 0 w N [iiw lD O OOl'�.'- Gq InN�oS� ..,- �[ Vi O d m Ui i d �j Iy®V NN OO :] > A _ N q-' fT 0 NO pp V - 7.8601 1.451 2 9,725 0.711 43 [0T O + �I a C a Ej pp ;Er.. -6,7,,71 ; ;gi r, N�V SON ANA4lWk .IiMii-G G+V�G AVINW a �� V 8N .� S pp NW.'" [d _ The bend in the expressway Is wit*n City Limbs From Cherry Valle; Boule>.ard to Brookside Avenue. %Vest side only in Ci,v Limits From Brook.ide A •enue to Cougar Way. East side only In Chv Limits .-3 a; 3 D Westside of atreet In City Limits; east side is Benning City Limits Define limits; Appears that Highland Springs A•.nneu becomes Ponrem Road and continues for -4.5 miles gg m , ea Ed % 3 'e G 1 2 mr.' North/East side of street in City Limits 0 c coco Q ar 5s N `‹ (13 CD M C m CD O.= o Ti151 0 m m a co 0 / & roS /&a CD CD CD (SID co rn 0 / (2 ! @ !& ae■a ea■■a„■E.2! „�j „ r\ )r.60 (iKrw ��<� | J !� E r! \kI Miehigen..•enue Michigan r ensu ` Manzanita Park Road Vella A'•enue !Voile Avenue �` 6th Street 2nd Street Commerce Way Secea Springs Parkway! "D" Street 'California AmmoIrahor.6 Bou Polreru BouIe.ara Potrero Boole srd 6th Street 6th Street 6th Street | . _ I I I \m,!ƒ@ 1|((4� %#{/j - ;; !}5 \m _� . ( : � ! :' ; / � ! f R,tr.m Finita. .rri 6th Street 4th Street Yells A renue Begin aye Ahem let Street LIE CRY Limns ('LtlW Westar Calpomla 15) i,di:Srigan Avenue Veils A_.enue Callfamla A-enue Beaumont Avenue Pennavt -anis Avenue Xenia Avenue Allegheny Avenue Pennsylvania Avenue 2nd Street 2nd Street ; From To Description lith Street 4th Street Secondary 4th Street 1st Street Divided Collector I _ 4th Street Potrero Boulevard f ljohigen Avenue 11 t l ,.. 716.44 Avenue r B. 1cl Street Potrero Eoule_ard Penneylvenie Avenue =, !fes||''.I■ {| ■� . .. �0,1i ■ | )k) . q R -44 ., ' piu E;- �,g ' 4 [.; .}, Ditided Collector t la' or a%(� Major Secondary Secondary Divided Collector Secondary [!»$ ;$E§ƒ2 ..1 i - \§ 2 ;\ 2,7001 0.511 1 5,515 1.12 1 1.25 2 k kk&k\§k§)kk 6600 1.25 2 6 600 1 !ElE1:3�o )§§ kA ; £ ;;|§;G7||; |;§ °# —� — .g. i| From Seneca Springs Parkway to End City Liman, East eine only in City Limit. k I E 29 0 / & roS /&a CD CD CD (SID co rn 0 / (2 Agenda Item No. 11-1 Staff Report TO: Mayor and City Council Members FROM: City Treasurer Director of Finance DATE: April 18, 2017 SUBJECT: Quarterly Cash and Investments Report Background and Analysis: In accordance with the State of California Code Sections 53600 et seq. and the City's adopted Investment Policy, the Quarterly Cash and Investment Report is presented for the period from January to March 2017. Fiscal Impact: Additional investment earning potential for increased balance in LAIF. There are sufficient funds available to meet the City's expenditure requirements for the next six months. Finance Director ReCY2,------ Recommendation: 1. Receive and File City Manager Review:9° CITY OF BEAU M I T QUARTERLY CASH AND INVESTMENT REPORT A summary of the bank and investment balances for the past three months are as follows: B CITIBANK GENERAL 8965 BANK OF HEMET Payroll 50301 Gas Tax Account 1901 Workers Compensation 2101 LAIF 3-056 TOTALS ,NK BALANCES 3rd QTR FY 16-17 Jan -17 Feb -17 Mar -17 $ 21,610,862.10 $ 18,685,901.85 $ 19,889 573.08 $ 1,960,523.87 $ 1,330,139.69 $ 2,335,433.98 $ 1,050,073.66 $ 1,029,861.42 $ 1,152,387.45 $ 48,827.33 $ 37,847.26 $ 8,370.59 $ 3,059,424.86 $ 2,397,848.37 $ 3,496,192.02 122,526.03 0 00 1,152, 387 45 $ 29,969,122.37 $ 29,969,122.37 $ 29,969,122.37 $ 54,639,409.33 $ 51,052,872.59 $ 53,354,887.47 The City had the following activing in their bank balances for March 2017: Bank Name Beginning Bank Balance Deposits Payments Ending Bank Balance Citibank - General 18,685,901 85 6,331,80027 5,128,129 04 19,889,573 08 Bank of Hemet - Pa roll 1,330,139.69 2,000,073.54 994,779.25 2,335,433.98 Bank of Hemet — Gas Tax 1,029, 861.42 122,526.03 0 00 1,152, 387 45 Bank of Hemet — Worker's Compensation _ 37,847.26 0.00 _ 29,476.67 8,370.59 GRAND TOTAL 21,083,750.22 8,454,399.84 6,152.384.96 23,385,765.10 Significant bank transactions that have occurred during the quarter include: 1. The Citibank General Bank account is a pooled cash account that tracks activity for the General Fund, the Special Revenue funds, and the Enterprise funds. The net change in the General Bank account from January to March 2017 was a decrease of $1.7M. The Citibank General Bank pooled cash account transferred $14,000,000 to LAIF on January 27, 2017, and a total of $5,090,671.69 in 36 individual transfers on February 9 and 10 to Union Bank for bond debt payment requirements. Wire transfers from the County of Riverside into Citibank General Bank pooled cash account included $14,247,770.65 for property assessments in January, $1,884,021 for the first installment of VLF in February, and a catch up of the Transit operations grant for $1,734,532 in March. 2. The Local Agency Investment Fund (LAIF) is a voluntary program that offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the State Treasurer's Office investment staff at no additional cost to the taxpayer. LAIF is a part of the Pooled Money Investment Account (PMIA). The interest is credited to this account in the months of July, October, January, and April. The interest credit for January 2017 was 27,154.51. 3. The Payroll account purpose is to process employee net payroll, any applicable garnishments and related employee and employer payroll taxes that are prepared by Paychex, a third party service agency. As a result, the account is funded through transfers made from the Citibank General Bank account. Transfers were made January 10, 2017 of $2,000,000 and March 30, 2017 for $2,000,000. 4. Bank of Hemet -Gas Tax account receives wires directly from the State of California for Gas Tax reserved funds. The quarterly operational funds transfer to the Citibank General Bank of $250,000 was made on January 30, 2017. A transfer to the Citibank General Bank was made February 23, 2017, to reclassify a State payment that was wired to the Gas Tax account in error for $20,212.24. 5. York Services Risk Group is the City's Third Party Administrator for Worker's Compensation. For the Workers Compensation account, there were no individual disbursements in excess of $5,000 during the quarter ended March 2017. Agenda Item No. Staff Report TO: Mayor and Council Members FROM: Director of Finance DATE: April 18, 2017 SUBJECT: Award of Contract for FY15-16 City Financial Audit Services Background and Analysis: The City of Beaumont is required to have financial audits performed on an annual basis for the Beaumont Transit System as well as for the City of Beaumont. The financial audits of the City for FY14-15 were performed by VanLant & Fankhanel, LLP. In order to build a relationship with this audit firm, a quote was requested by management to perform the FY15-16 audit before making a decision to consider a new bid process. Based on the service provided, the delayed timing of the audit process and related due dates, and the proposed engagement letter received, award and acceptance of the FY15-16 audit services to VanLant & Fankhanel, LLP is recommended. Fiscal Impact: The fee for FY15-16 audit engagement services of $36,500 is made available through a budget adjustment from the contin ency fund. Finance Director Revie Recommendation: Approve a contract with Van ant & Fankhanel, LLP not to exceed $36,500. City Manager Review: vEVon Lanta Fankhanei,LLP ---1 Certified PutslIc Accountants I — April 11, 2017 To: City Council and Management City of Beaumont 300 Seminary Avenue Beaumont, CA 95482-5400 We are pleased to confirm our understanding of the services we are to provide the City of Beaumont (City) and the Beaumont Transit System (System) for the year ending June 30, 2016. We will audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the City of Beaumont as of and for the year ending June 30, 2016. Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the City's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. 2) Budget schedules. 3) Pension information. We have also been engaged to report on supplementary information other than RSI that accompanies the City's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor's report on the financial statements: 1) Schedule of expenditures of federal awards, as applicable. 2) Non -major funds financial statements and budget schedules The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and our auditor's report will not provide an opinion or any assurance on that other information. 1) Introductory section 2) Statistical section Vsr. Lant & Fan:thanel, LLP 25901 Kellogg Street Loma Linda, CA 92354 909.856.6879 Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. The objective also includes reporting on— e Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will include a paragraph that states that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance report on internal control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the City Council and Management of the City of Beaumont. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions or add emphasis -of -matter or other -matter paragraphs. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement. We will also provide a report on agreed-upon procedures performed on the City's calculation of its annual appropriations limit as required by Article XIII B of the California State Constitution. We will perform the procedures in the Article XIII B Appropriations Limit Uniform Guidelines as published by the League of California Cities. This report will include a statement that the report is intended solely for the information and use of management, City Council and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that corne to our attention, unless clearly inconsequential, and of any material abuse that comes to our attention. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or materia weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City's major programs. The purpose of these procedures will be to express an opinion on the City's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Other Services We will also assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes of the City in conformity with U.S. generally accepted accounting principles and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for (1) establishing and maintaining effective internal controls, including internal controls over federal awards, and for evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with U.S. generally accepted accounting principles; and for compliance with applicable laws and regulations (including federal statutes) and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance, (3) additional information that we may request for the purpose of the audit, and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. Management is also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements, or abuse that we report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan. You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon OR make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards. You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. You agree to assume all management responsibilities relating to the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Engagement Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management's responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditors' reports or nine months after the end of the audit period. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Van Lant & Fankhanel, LLP (VLF) and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to State agencies or designees, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of VLF personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of seven years after the report release date or for any additional period requested by Oversight Agencies for Audit, or Pass-through Entities. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit in April or May of 2016 and to issue our reports no later than August 2017. Greg Fankhanel is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be $36,500. This fee includes the audit of the City's financial statements, the Beaumont Transit System ($3,000), and the GANN Limit AUP. If a Single Audit in accordance with the Uniform Guidance is required, an additional fee of $2,500 will be added and will cover no more than 2 major programs. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We appreciate the opportunity to be of service to the City of Beaumont and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign a copy and return it to us. Very truly yours, 41 ff'ray✓ RESPONSE: This letter correctly sets forth the understanding of the City of Beaumont. Management signature: Title: Date: Governance signature: Title: Date: Agenda Item No. lip Staff Report TO: Mayor and City Council Members FROM: Director of Administrative Sevices DATE: April 18, 2017 SUBJECT: Authorize Lease and Maintenance Agreements with Konica Minolta Background and Analysis: Konica Minolta currently provides the City with five (5) copy/print/scan/fax machines. The maintenance agreement expired in August 2016 and staff began researching new devices. The existing equipment is almost six (6) years old, calls to support and maintenance have increased dramatically due to the age of the devices. Staff located a contract between Konica and the County of San Bernardino, for the period of July 1, 2015 thru June 30, 2018. The contract was competitively bid, has been confirmed valid and recognized by the State of California. Staff made a request to Konica that the same pricing structure available under this contract be offered to the City of Beaumont. Konica agreed to extend the County contract pricing, therefore allowing the City of Beaumont to piggyback on an existing bid. The existing five (5) machines will be replaced with current models, and sized more appropriately according to copy volume. The cost per copy page is decreasing significantly on each machine, another benefit of upgrading. We are adding one additional Pagewide Device that will allow for larger printing and scanning options to be utilized by Public Works and Community Development Departments. Fiscal Impact: Annual lease costs for upgrading the (5) devices will save approx $5,000 per year. The additional Pagewide Device will cost approximately $6,684 per year. Resulting in a net cost increase of $1,684 annually. Finance Director Review: Recommendation: Approve authorize the Premier Lease and Maintenance Agreements with Konica Minolta. City Manager Review: Attachment A. Premier Lease Agreement (2) B. Maintenance Agreement C. County Contract KONICA MINOLTA For office use only (Check one): IN Branch i] Windsor Premier Lease Agreement APPLICATION NUMBER Prernter Lease Agmgnant ('Agrees y :s w1mei. n 'Mob Enlist,' Fria wiNdt gars u,.1 your ,NIH. lc. lie .Fait Ilet {cert da giara(,Itrs1 Prowler Finance, a program of Kontca ulna=s au5,r14#a 301410114 U.S.A.- Inc. lis !albeirl101nm hrrd ard,,lu,ei r3;rapiert 'CUSTOMER illiiFoRMA FULL LEGAL NAME CITY OF BEAUMONT CITY STATE BEAUMONT CA WILLING NAME (IF r FFERENT FROM ABOVE) CITY STREET ADDRESS 550 E 6TH ST BLDG D ZIP PHONE' 92223-2253 951 769 8520 S00353828 04/10117 08;37 PM AGREEMENT NUMBER The rir'ua (-*Tern. y1 , is and Dile, 14w Lr Konica Minora FAX BILL ING STREET ADDRESS STATE EQUIPMENT LOCATION (fF DIFFERENT FROMABOVEI MULTIPLE SHIP TO LOCATIONS 'By providing a telephone number for r, cellular phoney other wireless device. you are expressly consenling to receiving communleadons (for NON -marketing or asecitabora purposes) at that number, including, but not limited to, prerecorded a artificita voice message calls. text messages, and calls made by an automatic 3elephone dIalinp system from Lesser a each such telephone number that you provide to us now or in thefte,na and permnts suen calls. These calls lino maxsannc ..u..:''u, access fees from yyooui aslfufarr oatesrmdaagerHs. This Express Conserv applies to this TOMO ONr€COARAAFT ZIP E-MAIL KARIMQBEAUMONT-CA.GOV The Konica Minolta equipment lee E,ed in this Agreement Is Covered under Konica Mitipite's Customer One Guarantee A copy of The Guarantee can be oht wined at your Foca) branch or www.kmbs.konicamiffoita.ua CITY OF BEAUMONT. 550 E 6TH ST BEAUMONT CA 92223-2253 1 - BIZHUB C368 COPIERIPRINTER • Walt 1 - BIZHUB C658 COPIER/PRINTER SEE ATTACHED SCHEDULE A NM - CR Sea attached 'Schedule A' for additional Equipmeni 1 Accessories / Software TERM IN MONTHS # of payments Payment Frequency Payment Amount 36 36 0 Quarterlysuis. eppt cull. la ash �I Monthly 1,40t00 Advance Payment ..;.,a eppf.-rt;.'.,?raj END OF LEASE OPrIq 4S: Mut wiff have the bfowhr rphons a( Are end of the origami term, wov.'ded the Lease Hes not terminate,; early and no avers of default uncle. • the Least has orAsted end is sentinuir - Purchase me Equipment for the Far Markel Value as determined by us. 2. Renew rho Lease per paragraph 1 (onravm3. saJ RetwnFquiprt�erNasproWdedmFrrar�raW+S (an ravayga). V THIS ISA NONCANCELABLE / IRREVOCABLE AGREEMENT: THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED. LESSOR aiCCEPFA+ NcE Konica Minolta Premier Finance LESSOR CUSTOMER.ACCEPTAM CITY OF BEAUMONT AUTHORIZED SIGNER FULL LEGAL NAME OF CUSTOMER (as referenced above) FEDERAL TAX I.D. it TITLE DATED AUTHORIZED SIGNER CITY MANAGER DATED ERNI.3 GUARANTEE PRINT NAME TITLE As ace lonar x%Xicement for its, Marjo Minolta Premier Finance le ender Into are Agreement. lily undermined ('yorr; :neonemoneuy. piney ar.1 sewraily, personally gusreniees Pith me customer wW make all payments and meet at obligations expired este; the Agreement and any supplements f iiy and promptly. You agree stat we may make other anangemoats rndudm ppmpmmise or sellanre,rt with you and you wave 91 dafenres and no..5 M Agit changes sew arpsxamhent uemar.d and =lea 11-H .Fal remain resporniWe',7r tare p ;mint sd allegation of lea Agreunr,,,s. VJe 00 not haw to notify you it fie cust,mer e In /Meat t the customer delsuks you wit k,anedetely Pay',n a coe'a ce with ms defar.:t province of las Agreemea.. as sums Jus under the lemle of the Agreement and cud perform all the obhgelions of she. Agreement to is necessary for us FD proceed legally to WOMB tea atryrantea, yea expressly consent to the jurisdiction o: am mutt au t VI eragraaeh 1:i and agree b pay ell casts. extudhhg allome� , fee? inclined in enforcement of the guarantee. It a not necessary for us tc pt'oteed It'll amt you tela e + rorc,rrg this pceirentee Ely &vital this guarantee, bureau recons for creed end collection pury saes. x PRINT NAME OF GUARANTOR SIGNATURE (No TITLES) To h,fir, the:.i-:ea_,vent..y.- irt. r.afd;nr d[emorisr...,,d r:wney i a�-aeeng aq. •:res, Federal raquhee A hnerrhiq! tn#fnt_vra b a.;l.:n. ✓e: n !,cram lr,6,r:laarn rho ,.h Mhos esdps!, DATED :o.00nom. wea:0, your -� eae.:yma r,",lroae .44:tixer...:c,rrr.tar, that 191 lir. o w10 Ide^lfr• on. ;1e m•Y�s J:k teas iden:ih..; dccunerr..i A'°r�en � he. ppanaa.: marmot Whalthe: mnnr r.: Blaen yr See reverse aide for adottenal terms and conditions KMPF0001 — US 10/01/16 S00353828 1. !EASE AGREEMENT. You agree to lease from :,s tl,a personal 04/10/17 08:37 PM us (such AGRE ME any u aces. to l ase from r p ��y described under MAKElMODEIlACCESSORfEs" and as modified by supplements to this Agreement tram lime to lime signed by you and Y per repairs and additions referred to as "Equipmenr)forbusiness purposes only. To the extent the Equlpmeat includes intangible property or associated amerces such as penodc software licenses and preppa8ifd database eubsc.ir>bon rights. such property shall be referred to as the "Software You agree to all of the harms and condfitions contained in this Scher'ule. which togather are a compote statement of our Agreement regarding the fisted equipment i Agreernenr) and supersedes all other writings, con Agreement and any order ate anysdiptatlart documents and related documents. ThisAgreementmay be modified unl 7 written and g +'^his Agreement nt becomes v. upon se any purchase us. The Equipment is deemed accepted by you under this reemere unless r Y Agrdemery Wyou doy courset a performance. This Agreement bdefect maluncti amen hat v or for our sate iv you r this us ream three (b) days elof delivery i Thor ouour igt eecept the repossess the and mere ou agree th h, upon our eau at Yoo at .ion and di, er to us, audd�gnand al e c defective item of g your a c pt Inc: the E u pm bot lased 10 and wa a nue designee f litAgmin nt be the twentieth Yau agree Ihat, ypon our rernalle you co vary ree to pay a pro ate arnfu n o your h al th mo oily p E! ant bri leased to her. The Tibet Daae •M this A•gee,dare antl a iha Ing Dae (Thist day or an ahanatlhn agreed h upon date fdlrrwin_g installatievi. You agree to pay a prorated amount of 1/30th of the monthly payment times the number of da a between the ;nsiallatign dare and the Kinin Date. This the Oiling Date for the Terre shown and sell be extended aufomatica*y for successive one (1) month terms unless ) net} (90 g Agreement (1S w'd daysstbefa: the end of any term, of your deds:at to return or purchase the Egitpmenl or renew this Lease and (b)yohi return E Equipment, titles, between tit (90)days and one hundred fifty (1 theey before the Leases web Saner purchase oplo•,s will nal be renewed The paymentbeen t by mu u or rgerreement the Fa id is not as ed d an the in your nanyye, within len of days after Hend BASE RENTAL the term. PAYMENT SHALL BE ADJUSTED PROPORTIONATELY UPWARD OR DOWNARD, IF T ACTUAL �' OFual THEEQUIPMENT EXCEEDS OR *5 LESS any component f ESTt ees PROVIDED TO LESSEE. . If en. pravi' on of this Agreement :s declared unenforceable in any eerisdic!'ur, the other provision herein shall remain in full force and effect In that 1'urisdictlon and all others. You etithodze us to insert of correct missing information an this lease including your proper lege name serial nur,,bers Other number dee=._riling the Eeuipnleni and other omitted factual matters You agree te provide updated annual andla quarterly enane.ai statements to us upon request You authorize us a• our al!mnt to obtain credit reports and make credit inquiries regardiry you and year financial conSla, and to provide you, intimation. including payment history. to our assignee a third partesfais`.tg an economic mterealin this Agreement or the Equipment 2. RENT: Rent will be payable in installments, each in the amount of the Monthly Payment (Or other periodic payment) shown plus any applicable sales, use and pr tax. if weanytax or. gree to reimburse us promptly seance with a processing fee Subsequent rent rnstalfmerils will be payable on :he first dayMeath rental gpt payt your beod'f, you o:'se,wrse agreed. We will have the Payment period Mom beginning after make 111 M nthll (01 a as payment)tight to apply all suns received from you [o ail, amounts Sue s.rd caged to us untler :,he [errs c� this Agreement. Your obligation to Moth aaymeril periodichereunder Is absolute and unconditional and you cannot wirlthoId or offset against any Monthly Payments (or other periodic payment) gee dt Payments (vI other gee Defer ents 10 usend thal 'n ills form 0f company c.etes (c' Pe.sona; Cheeks in the case of sole propnetarships)),TH INTEND TO Qdireect debt or wires MPLY WITH ALL Aonn'e, You also agree rash and Cauaulh equl•'a[enl no a�pPn. p{talbleefforrret oyeti h pa a remit AGREEMENT LRESULT IN ANIl not INTEREST1 such forms of PAYMENT HIGHER^THAW ALLOWED BY APPLICABLE LAW, EN ANY EXCESS INTERESTmICABLE SFIT 15 COLLECCTEDWWILL BE APPLIED TO AMOUNTS THAT ARE LAWFULLY DUE AND OWING UNDER THIS AGREEMENT OR WILL BE REFUNDED TO YOU. 1N NO EVENT WILL YOU BE REQUIRED TO PAY ANY AMOUNTS IN EXCESS OF THE LEGAL AMOUNT. 3. OWNERSHIP OF EQUIPMENT: We are the comer or the Equipment and have sole lite (urlet,a you have a 51.00 purchase option) to the Equeenent (excluding Software). You agree to keep the Equipment free and .,tear re all liens and deems. You are sofel', responsible far ramp Ing any data teat may reside In the Equipment you retum. Including but not iin.ted to. hard drives, disk dri 'ss or any ether form, of memory. 4. WARRANTY DISCLA AER: WE MAKE Nq WARRANTY EXPRESS OR IMPLIED, INCLUDING THAT THE EQUIPMENT 15 FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH REM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY LIS. WE ARE LEASING THE EQUIPMENT TO YOU "AS -IS". You ackno ledge that name of Suppler Or their representatives are our agents and none of them ere authorized 10 Of name of the modify the leans ori this Agreement. Nt, represerrtaton ar warranty oT Su lir.- wen respect to the Equipment will bind us, nor win unpy breecyhothhtre^f relieve oyou of a,iy o�f�your obligations hereunder. You are aware not received any taxmanufacturer, nal, accounting supplier of advich ce fr m uof s tthhe Mnt anu*tiatrrreyou r air Supplier of the Equipment. tact the manufacturer or THIS GREEfor a MENTaCQNS[ITIJTEur warranty Ay"FINANCE LEASE" AS DEFINED and ARTICLE 2A OF hare THE UNIFORM COMMERCIAL CODE. Yuu spree that the Cuslor,ter One Guarantee is a separate and independent obfigadon of Supper to you, teat no assignee of the Lesser shall have any oblrigadon to tau ebb respect to the Guarantee and atasp your obligations stun e�c lN;sne Agreement are not subject to setter, wthhoidira, reduction. COunterdaim or defense for any mama whatsoever including, without trn;ation, any cairn you may have b ainsl au 5. LOCATION OF EQUIPMENT: You will keep and use the Equipment only at sour address shoal above and you agree not to move it unless'Me agree to it. At the end of the Agreements term, if you do not tirehans the Egtaamer-it you will return the Equipment a location we specify at your expense, In reran reachable condrfon (normal wear and tear aceeplable), full working order, and in taalplate repair. B. LASS OP DAMAGE: You am responslilefor the risk of loss or for any destruction of or darneee to the Equipment No such loss ar damage relieves you from the payment °legation under this Agreement, You aper a to promptly holly us In wrikng or ane Ips or damage and you will then pay to us the present value re the total of all unpaid Monthly Payments (or other periodic payments shown, for the fun Agreement term pus the estimated Fair market value of the 50/lenient al the end .orf the odgintry scheduled tens, all discounted at four percent {4%) per year. Any proceeds of insurance wig be pad to us and credited, se our 0ptlor, against any loss or damage. You authorize us to sign on your behalf and appoint us as your attorney in fad to execute In your nerve any insurance drafts or checks issued due to loss or damage to the Equipment. 7. COLLATERAL PROTECTION ANO INSURANCE. Yr:u are resporiebte for instating and keeping the Equipment in good working order. Except for ordinary wear and tear, you are responsiele for protecting the Egtapmerrt from damage end loss of any kind. I the Equipment Is darrxrged or lost, you agree to canteen to pay the amounts due and to become eue hereunder without setoff or defen_e. Dunng the term df this Agreement, you agree that you win 11) „ isure the eteripmeet against :J Ices or damage naming us as lass payee: (2) obtain liability and third party piopertY damage Insurance naming us as an additional insured: end (3) denser satisfactory evidence o.• sucti coverage with carriers, pesey forms and amounts acceptable to us. mil policies must provide that we be given thirty1 days mitten cancellation, if yuu do not provide evidence of acceptable insurance, we hive ltd, 0ght, tat no obligation, (a) lc obtain insurance coverin our interest(and only '= interest' n the ce of oro) he lease change or renewals and (h any insurance we obtain will not inset's- you against third party or liability claims and may be cancelled b us at anylime u + additional amount fornthe lease term, and insurance premum ar'1 an admlrisrtative fee, en) the cost may be mors tl.an the cost of obtarnin your ohm insurance iv ()you cool be of to pay res an adak a amount each month for the insurarce we 0l,aln, (v) you agree to coaperata walh tie, our insurer and aurg . () you agree that we. or one 0f our afe1:equi may mas a profit in u5m monthlyy prop the damage surcharge in the amount of .u035 Mule orinalavec rn the it este placement of ea erase and aith claims; or , as we may befurt the Insurance requirement and charge yon a property make a profit. a yuu tater melee evidence unit equipmentd wet to Cover aur creed risk. administrative cetherrau acts and aincosts, char *nfurther charge. on a leder from us m you and a. which we may you have obtained acceptable fesura.ice, we wit cancel the insurance ere obtained or cease charging the surdtarge. B. INDEMNITY: We are not responsible fa' any loss a ineines caused by the installation or use of gin Eruiprr ant. You agree to hold us hamtiess and mrmburse us for lose and to defend us against any claim to threes o in;;rry Jr death caused by the E4upmertt We reserve the right to control the defense and to select or approve defense counsel. Thia indemnity swvlvee the expt:ellen or temeinattar of this Agreement. 9. TAXES AND FEES: Yee atxee to pay, than invoiced all (axes ((including personasrop tax, fines and eremites) and fees relating to this Agreement or the Equipment. You agree to fa) reimburse us for sur p.rsrae: proper;.' axes wheel ere are required to payee Owner of he Equipment or to rerrrlc 10 us each month our estimate of the monthly equivalent of the annual property taxes It be assessed. If you do not have a $1 00 purchase °plion, we+ell file at personal property, use Of Other tax returns and you agree to pay us a processing fee far mating such (dines. r0u agree (c pay us up to $75.00 on the date the first payment is dice as a^ o„l;;ration fee. We rea,erva the right to shame r fee upon'.e,minakion of As eilhe. by trade -up, buyout or delau&. My Fee charged under this Agreement may Indutle a profit and is seb)act to ap?.rable tapes. 10. ASSIGNMENT' YOU HAVE NO RIGHT TO SELL, TRANSFER. ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. We may self, assign, or transfer this Agreement ander the Willie!. notice. You agree that if we. sell, assign, c• transfer this Agreement andlor theanylof sur Ag Equipmentsd the new lessor wit have the while against 3 i etherto that we have now and win hot have to t The any f any ob'^alone You agree that the rights of the RSV' Lesser will not be subject to airy claim=, defenses a set offs that you may have agalrret us whether or ihpt you are nailed of such a&signment The ;est of a,ry eteea hent Software, services. and ether elements of this Agreement has Leen negotiated between you and the Supplier None of Lessor's a is presiding funding based on `,e payment you have neg.Jated with Supplier. a uu are res onsible for determine ss�aeh will a aerindepas 55 verify rine suchialand costs. oessor r o mpgnees coni this Agreement Pg your aax:ptinting treatment ^f the apGropriate tax Naga[, financial and eceaunbng canrpaner,.�. OF 11. DEFAULT AND REMEDIES: If (a) you do not pay any tease payment or other sum due to as or other party when due or ,b) if you break any of your promises in the Agreement or any other Agreement wdh us or It) H you. or any guar_ rite re your abilestrone become insolvent or commence bankrupty or receivership pr'lCeedings or have such proceedings commenced against any part of a pa; m_n„s more than three (31 days rate you agree to pry a late charge of ten percent i10%1 at the a maximum Ya+. 'ou tel tie In def: ul w tee e• ell of the folicv'ng. (a) instruct Su?pher to withhold service. parts and supplier and 1 or void the Custtoomer One Guarantee; (b)themanate or cancelthis allowed mby ,nv_. I(Mears are ever hat n Aafy, we QUy de any DAMAGES FOR LOSS OF BARGAN AND NOT AS A PENALTY, the sum of; (1) alit past due and cement MordN A®raems (arth pe that you pay, AS LIQUIDATED F'a, rents(or other periodic ay !avast Payments (a other periodic taw, retech eve and charges fu I the present value a all thmein is Monthly P P yrrhenisi and charpes, discotmtad of the rate of four percent (4%) per annum (or dna lowest rete permitted by law, hwhtrJhever is Nyha}: and go) the present value (al the same dis„0[aht rate as spe.ailed in dause;N) shove! of the amount of any purchase option with reaped tO the Equip, Arent or, if none Is specified, our anbdpated viable of the Equipment at the end of the term of this Agreement (a any renewal thereth), and (c) inquire you to relum the Equipment taus to a location designated by ue 'and .lith respect to any Software. Vii) immediately terminate ,your right to use the Software including the dsaeleg inn -site or by remote commurecation) of any Soft ane, (ii) Liar -end the immediate return and obtain posaesslon of the Safhare and re -license the software al a public or private sake' andta (a) cause the Software supplier to tern, jnate the Software iloonse. support and other services under the Software license). We may recover interest urn any wiped balance at the rete of four percent (4%) per annum but In no event mire than the lawful r:s,rmum rate. Wu may also use any of Me remedies available 1p us under Article 2A of the Unrfurm Commercial Code as anted In the State of Lessor of ,15 Assignee or any other,aw, You agree to see our eme0nable costs of collection ant enforcement, rncru dine Lut not limited to attorneys fees and actu0 court costs rebung to one claim arising under t:;a Agreement incrudsip, but not meted to, any legal adlpn r-' referral Tes collection. If .,e haze to take posse orlon of the Fq,vpmenl, you agree to pay the cost of repossession. The net proceeds of d,e sale ar any repossessed Equipment veil be aedked agairat tirhat you rise us IOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL INDIRECT OR INCIDENTAL DAMAGES FOR AN e REASON WHATSOEVEP, You agree that any delay or failure to enforce ou nfoceour and is anter this Agreement does not prevent us from enforcing any r.ghts ata later tine_ All or our rights are eumula,rve His further agreed that your rights and remedies are governed exclusively by this you wair'e lessee's rights under Article 2A (508-522) of the UCC. 12. UCC FILINGS; You g:ani us _e secunty interest in the Equipmen' N this Agreement r. Jeemed a seared kansecten and you authorize us to record a UCC -4 enandng ataternont or similar instrument in order b shoe Jur interest in the Equipment 13. CONSENT TO LAW, JURISDICTION, AND VENUE: This Agreement shall be deemed fully executed and perfumed in the state of Lessor or as and construed in ac0ardance with IN larva If the Lessor a Its Assignee shall bring any judicial proceeding in relation to an mater ansi urger fhb Assignee s he Customer piece a uaanes tandee shall any governed may be ad,udged or determined in any cove or courts In the state of the Lessor er its A l'ignee'S pnncpai place of buemess, or in anyDaourt or courts int unstommaer%sus1at of ressidence, or Veil such mating 'urtsdreiion ;ver the Customer o asset, of the Customer, al at the sole elects -hi of the Lersor. The Customer hereby irevocetiy submits generally and un0dnditionalhy to the jur; ction of any such hcourt 5o elecie.L by Lessor .n retreat to such matters. BOTH PARTIES WAIVE TRIAL BY JURY IN ANY ACTION BETWEEN US. 14. LESSEE GUARANTEE You agree, upon our roque-., to .,ubrnit Mr original of this Agreernent and any schedules to the Lessor via overnight courier the same day of the lac-limila a other electronic trananissten df the signed Agreement and such schedules. Both pintas eerie that thisg tra,isrn'selon she'!, upon execution by us (manually' or electronically, as applicable), Ag'ert a and any 1 dUs par es. sad by you, may manually a ounterpars l5. and fainted to o nbyg fphic art or ogler electronic b yyyou1 be:manna upon the parties. This lease maybe B:01' attached in d o a r anginal sad any facsimile cou photographic In air osier cion 81151 transertesion OFthfs tease suP,i^.h hr been manuPlty a electronically signed by you xfier, manually or eleCtronicany t'wnterstgnsd by us a agached is sip 7dginel aignaWre counterpart ansa cur possession shah constitute the sole angina! d;attel paper as defined ra the UCC for all purposes /indudine any enforcement action under paragraph 11) and will be admissible as teeth evidence thereof. Both partes waive the right to challenge in court the authenticity of a faxed, photograph,:, or other areceeniceny oansra tted or tectro3cdllystgriae copy of eve Agreement end any schedule. 15. COMPUTER SOFTWARE: NLt withstanding any tithe, terms alio conditions of this Agreement, you agree that as to Software only_ e) We have not! had, do not have, nor were have any tire to such Software, b) You have a it,140d a will execute a separate software ken* Agreement and we are nota party to and have tie resparraibili lee whatsoever to regards to such license Agreement, c) You have selected such Software ant, as per Agree.rent pararh aph 4, WE MAKE NO WARRANTIES OF MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION OR FITNESS FOR USE AND TAME ABSOLUTELY NO RESPONSIBILITY FOR THE FUNCTION OR DEFECTIVE NATURE OF SUCH SOFTWARE, SYSTEMS INTEGRA i ICN, DR OTHERWISE IN REGARDS TO SUCH SOFTWARE. CUSTOMER'S LEASE PAYMENTS ANC GTHER OBLIGATIONS UNOER THIS LEASE AGREEMENT SHALL IN NO WAY BE DIMINISHED ON ACCOUNT OF OR IN ANY WAY RELATED TO THE ABOVE SAID SOFTWARE LICENSE AGREEMENT OF FAILURE IN ANYWAY OF THE SOFTWARE KMPF0001 — US 10/01/16 Aft KONICA MINOLTA Schedule "A" APPLICATION NUMBER S00353828 04140/17 08:37 PM AGREEMENT NUMBER This Schedule "A` is to be attached to arcs prt[prmi pa.•! of the item Description for the Agreement anted by and between the Un .r-.3lgned and Konica Mirguia Premier Finance. CITY •F =EAUMONT 131 i OAK VALL 1 - BIZHUB C658 COPIER/PRINTER Y PK AUMONT CA '2223 CITY OF BEAUMONT. 660 ORANGE AVE. BEAUMONT. CA. 92223 1 - BIZHUB C558 COPIER/PRINTER 1 - BIZHUB C754E CFS`SON a C. CEPTANCE Konica Minolta Premier Finance LESSOR AUTHC:..ZED SIGNER CITY OF BEAUMONT FULL LEGAL NAME OF CUSTOMER FEDERAL TAX I.D. p TITLE DATED AUTHORIZED SIGNER CITY MANAGER DATED PRIN. NAME TITLE KMPF0000 — US 10/01/16 KONICA MINOLTA Maintenance Agreement Order Package: S00353828 04/10/17 08:37 PM Page 007 of 014 Custarner Infi)rmalme Sold to Acct k: 0001 145930 Name: CITY OF BEAUMONT Attn/nept: Ste/Rm. BLDG Addrvss: f50 E 6TH ST City state: BEAUMONT r:A zip: Tax Ehempt Customer? PO Required? ❑ Ye, 9/99R.99ss ❑ Yes ✓$i No II No PO number: C Individual PO 0 Blanket PO PO Contact: Fleet Manager, 0 Ye: 5t No Name: Item 1 2 Coverage Options. Billing Options: lnr2ial Term in Months Fla:: Rate Frequency- Meter Frequency., Aggregate Volume: EIfect a Date: Billing Gay: Model BLscrlption Payer/120i: to Acct A: Name: CITY OF BEAUMONT Attu/Dept Ste/Rm: BI DG Address: 550 E 6TH ST City. State: RFAt IMONT C� Tax Exempt on Number. SM994..9951 PO Expiration Date: Email; Email: Ship to acct #: Nacre: MULTIPLE SHIP TO LOCATIONS Attn/Dept: Ste/Err' A6dress: City: ^tate: Zip: Taz Exemption Certificate must be attached when appikable. P"..r must be attached when applicable. Ph: Ph: Cortir} !Mini . Mrr Select Optons: X Supply inclusive M Stapleslrcicded C� Ater Hours Service - Regaires After Hours Agreement X Decline Digital Cor.,ected support' Wide Format Select)plec..is: D Toner (Black Only) ❑ 201b Bond Roll Paper ❑ Deeirne Digital Connected Supptrt* Digital Connect Support will be added automatically billed at $12.00 per serial number monthly, unless declined above. MFP M 36 D 48 0 6D ❑ Other M Monthly 0 Quarterly 0 Annually M Monthly 0 •,)uarterly 0 Annually ❑ B/w ❑ Color SM On Install 0 Date; MI Selected by KMBS All Devices Wide Format ❑ 36 ❑ 48 0 60 D Other ❑ Monthly ❑ Month!; 0 Preferred Day: (29th, 30th, and 31st are not an available selection) •_ MFP Month! Mlnlmun Monthly Flat Rate $ Cost Per Copy Rate $ Serial Number Type Vc:ume Start Meter Sub Feet MAP Internal Use Pncc Plan BEZHUE C36d COPIER/ PRINTER o▪ lor 0 05225 e /W 0.00808 BIZHU8 Cars COPIER! PRINTER Color 0.04750 BIZHUB C653 COPIERI PRINTER ELAN Color ti 0.00570 0.04750 B /w ❑ 90579 X Additional Equipment on Schedule F Wide Format :tern Model Descriptio.+. Serial Number 1 r Mrnthly Minimum Monthly Flat Rate $ Cost Per ,iquare Foot Type Volume (Sq. Feet) Rate $ Start Meter Sub FIket Price Plan Color B/W ❑ Additiope'. Eauipment on Schedule C Comments Mainteiwnce Originating. Order Taking, Senncing. ❑ vett. Equip,neni Ceder Sales Rep Number 4659683 4659683 4659683 ❑ Main:_narxx Only CI Billed oy KMBS Sales Rep Name ANGELINA ANDERSON ANGELINA ANDERSON ANGELINA ANDERSON 0 gilled by Lease Coni®ny ❑ Dealer Ukase Peltas Kap Elmo] :,ddress RAND ER S O N M)K M BS. KON IC AM IN OLTA. US AAND ERRSO NOKMBS. KON ICAM FNOLTA US AANDERSON4KMBS.KONlCAMINOLTA.US Sales District 48508 Processed I$ Branch 0 Windsor KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. 100 Williams Dnve, Ramsey, NJ 07446 (2011825-4000 www.kmbs.konlcaminolta.us Form: 1011 -090115 -OS KONICA MINOLTA Item Model Desc,iption 1 2 3 4 5 6 7 a 9 10 11 1'. 13 14 15 16 17 18 19 20 12 23 24 25 '.6 27 28 MFP Serial Iiurnhrr Maintenance Agreement Additional Frniti,ment - Sr -hs dluie R Order Package: S00353828 04/10/17 08:37 PM Page 009 of 014 '_sternal Use Monthly M..rimum Monthly flat ,tate $ Cost Pe. Copy date S Type Volume Start Meter Sub Fleet Pnte Wan BIZHUB 0558 COPIERJP R@:TER COlOr B/W 0.05020 0.00570 B:ZHUB C754E Color B/W 004750 0.00561 Color B/W Color B/W Color B/w Color B/.41 Color 8/W Color B,W Color R/W Color 8/W Color B,'W Color 6/W Color B/W Color B/W Color B/W Color B/W Color 6/W Color B/W Color B/W Color B/W Color BA/ Coloi B/W Color 8/W Colcr B/W� Color B/w Color B/W Color B/W Crlor BCW KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. 101, Williams Drive, Ramsey, NJ 07446 (2A1) 825-4000 www.kmbs.konicaminoha.us Form: 1011B -090115-0S NW KONI A MiNNOLTA For office use only (Check one): ® Branch 0 Windsor Premier Lease Agreement APPLICATION NUMBER S00353831 04/10/17 09:03 PM AGREEMENT NUMBER Trus Premier Lease Agreement rA9reertwA7 li.'wrihen In 'NMI Er-711rf Trid adCeli lad an" lbw rsdur to me misloanoi rang its ceeren'orol Tee *o -ds i.aaaar, we. sir e- our regal 10 konil4 UlnalM Premier Finance, aprogram ofMonica amplti@Iblryersedema nttLLA fisc., Or mill WiwialORO tlliIuLwef94;rb! Cif. TOWER 1WFORMATION FULL LEGAL NAME CITY OF BEAUMONT CITY BEAUMONT STATE CA BILLING NAME (IF DIFFERENT FROM ABOVE) SWEET ADDRESS 550 E 6TH ST BLDG D SIF PHONE' 92223-2253 951 769 8520 FAX &LUNG STREET ADDRESS CITY STATE EQUIPMENT LOCATION (IF DIFFERENT FROM ABOVE) ZIP E-MAIL KARIML8 BEAUMONT.CA.GOV 'By providing a telephone number for a cellular phos w or other wireless device: you am expressly consenting to receiving communications (for NON -marketing Or solicitation purposes) al that number. including, but not Roiled tr., prerecorded or artificial Wise message cath:. text mersages, and calls made by an automatic telephone dialing system from lessor and its affiliates and agents. This Express Consent applies to each such telephone number that top protide to us now grin the future and permits Suri, rails none and messages may in-ur access fess from veui ca3u1ar emviner CQS TOMER ONE GUARANTEE The Konica Minolta equipment roancil In ihis Agreement is covered under Konica Minolta's Customer One Guarantee. A copy of the Guarantee can be obtained at your roual branch or www_krubs. konicaminotta.us . 1 - HP PAGEWIDE XL 4000 MFP 0 DOW TERM AND PAWENT SCHE TERM IN MONTHS 60 0 See attached `Schedule A' for additional Equipment / Accessories / Software # of payments Payment Frequency Payment Amount Advance Payment 60 0 Ct. Darteri (pIu .pp'-upe treed (plus eppIuslas lams) y ® Monthly $ 557.00 $ END OP LEASE OPTIONS: You will have the fodow;rro options at fha end of Or. onymai !arm, provided the Lae%: has not terminated ed ly and no avant of default under the Lease has occurred and is ce+ntrnuing. 1. Pureness ku Equipment for bre Fair Pfarkei Vats, as determined by us. 2 Renew try Lease per paragraph 1 tun reverse) Rebrn Equipment asovided In Fr Paragraph 5 ,on reverse). Jr=_•sem.: �wracao;sze+rtAr-rs+�='inFralinttrau THIS ISA NONCANCELABLE / IRREVOCABLE AGREEMENT: THIS AGREEMENT CANNOT BE CANCELED OR TERMINATED. LESSOR AccEPra .wc€ Konica Minolta Premier Finance LESSOR Ct15 roPE # ACCEPTANCE AUTHORIZED SIGNER TITLE DATED CITY OF BEAUMONT FULL. LEGAL NAME OF CUSTOMER tas referenced above) x FEDERAL TAX I.0. .ts addiPoral Inducement f6•us• IWnka Minolta Premier Finance to ent_r into ?'le Agreement are unoers1gn d (•you') unwnditionalty. jointly ar ser -ret;', personal) ob;.guit,„ts required under fids Agreement and any supplements cid and rapt 'eau Y guarenI with stat die customer w rel make 1'd er ntd n and ft at �' promptly.agree and to w:; rosy make green ena,geritdo n not nave rg compo: ou it or ausomer mer le ar,f you wane a defenses and *pomp 1e 0th rtlsrgat er.d preee;ni.nenl. tkreee4 sad protest and ur7t thresh responsible ...Sr tY- pzin;cnt and ab.g�e:t0.�s of this xgrce;nenL �'.e do have b notify you a Sire customer b m t,rfatdt, p� the customer deffellr4 ye;r wal un.ne+ha0efy pay in acroniar. to hilh the default movielon Jr at;. Agreement all a,nes due under the fame Jr. the Agreement end war perform ad 00 obligations of the Agreement. U A Is necessary for us a pained lega'y b itetfort.;, ftp. juaranICe. You rc ng tht uar nt . the • is S arLnu un set out i zeparagraph 13 -Ind aim to °Md credit bureau fepprp forreds Mrd collecton Fur..: see. ,n enforcement of tilts duarante3- It se nM necessary ;Pr us to Pmcecd FEW against you before you expr this nrerr f B stoning al COME including attumeys purposes. AUTHORIZED SIGNER DATED PRINT NAME TITLE x PRINT NAME OF GUARANTOR SIGNATURE (040 TITLES) DATED •-e!;e:p the tioxmmefright Oa fu..diF5 :'forc,sara an; _' yrse8Jarhg sal. ties. Fed.. al Las- squat aall rsan::jI ins6:,_,w,x :. dtin, ,:er.y and mwm t„an.ala:. that • dandles sera parson r.na op'ns ra asaaa, Wl:ar ads means 1.1, M1wn }nu do"n cnaccourt w,wiil ask fory.vr mime wdresr.nd&her6lav,-,s Ilia. -ail oda.: us:,wemry par. mmya:r. lc•:ea alsol„yis3 Ss,u,es a. See reverse side for addltiotiai terms and conditions KMPF0001 — US 10/01/16 S00353831 1. LEASE AGREEMENT: You agree to tease from the 0411(/17 09:03 PM personal pprroopps„ y described under "MAKE/MODEL/ACCESSORIES" and as mined by supplements to this Agreement f cml:me to lime signed byyou and us (such property and any Lpgrades, replacements_ repairs and add111ous referred toes "Equipment') for business p es only. To the extent the Equipment include: intangible property or associated cervi s.ich asap nodi soft ar b are a cenees and prep a statd emente subso our c d1a such property shalt be refarred 10 as thehvare'. You agree to all of the leans and conditions contained ;n this A nwn1. and any Sider and any sltd nt regarding the sMd equipment {Aggreement°) and suparaedes MI other writings, communications, undersferdng, te. any purchase tion documents and related documents. his Agreement may be method only by %riitan Agreement and not by course 7f performance. This Agreement becomes vaf axe:Mien by or for us. The Equipment rs deemed accepted by you under this Agreement unless you notify us within three f3) days of delivery that you do not accept the Equipment and specify the aefecl or malfunction. In that event at our sole option. we or our designee will replace the defective ,tem ex Equipment or tale ,ggreement wilt be canceled anrf we or our designee +All repossess the Equipment. You agree that upon ow reouest. you eel son and deliver to us. a dei'very and acceptance certificate conferring your acceptance of the Equipment leased to you. The "0pli Date' of this Agreement will be ,he twentieth (20th) day or art alternative agreed mon date following insiapation. You agree to pay a prorated amount of 1/30th of the month, payment times the number of days been the instaflalion date and the Seine Dale. This Agreement will continue from the Billing Date for the Term shown and will be extended automatically for successive one (1) month terms unless you (a) send us written niece, between ninety (901 days and one hundred fifty ;1!') days before the end of any berm, of your dedsfpoe to return or purchase Ste Equipnwnt or rens,- thisyLlfe�asse end (bj you purchase or return Ore Equipment as specified m your nouce, within ten (10f days alter Ore end of the term Ayes with SHALL purchase Ab°peon PROP ll not be renewed. UPWARD eOR DOWNWdic renevel ARD, IF has been 58LLby mal a0rreOF Eenlent and is not basad on the cost of aR IS LESS ny component of this (ease THE BASS RENTAL any provision of this Agreement is declared unenforceable in any jurisdiction, the other provisrarir herein shall in full EQUIPMENT and effect i�attjjuurissdi jurisdiction and ail others. Y authorize N THE ESTIMATE PROVIDED TOS rE�lf missing information on this lease indudrng your proper legal name. seral lumbers, other numbers Jescnbtng the Equipment and other omitted factual netters. You agree to provide updated annual and/or quarterly financial statements to us upon request. You authorize we or our agent to obtain credit reports and make credit inquiries regardng you and your financial sandbar and to provide your lntemtatlon, including payment history. 10 our assignee ar third parties having an economic interest in 'his Agreement or the Equipment. 2. RENT: Rent we be payable in Installments. each m the amount of the Monthly Payment (or other periodic payment) showy. plus any appicabte sales. use arts tax. V wea tax on agree to reimburse us enormity along with a processing fee. Subsequent rent insteilments wir, be payable on the first day of each rental property pay anyyour ern dfL as otherwise agreed. We edit have the tight to apply alt sums received from you to any amounts due and o yeo 10 us under the'emffi of thee �1. Your oblibgation tomakee all Marthe first ty Pa�ymena�pforms oi (e(worrothir payments be us in the form of periodic payment) hereunder is absolute mid and you cannot wsfhheld or offset st against anyMonthly Payments (orperiodic payment) for any reason. Youpagree that youu will remit and cash vaents are not this remit AGREEMmtfor ENT RESULT you ANI�EREST PAYMENTforms �HIGH R THAN ment to UEALLOWED INTEND APPLme checks (or personal checks in the case of sole ICABLE LAW, THENANY EXCESS COMPLY WITH ALL INTERES), direct debit or wires only, You also agree ABLE LAWS.T CO115 LLECTED WILL LLaBTHAT YOUR E APPLIED TO AMOUNTS THAT AR LAWFULLY DUE AND OWING UNDER THIS AGREEMENT OR WILL BE REFUNDED TO YOU. IN NO EVENT WILL YOU 8E REQUIRED TO PAY ANY AMOUNTS IN EXCESS OF THE LEGAL AMOUNT, end 3. ERSHIof an OF EQUIPMaims. You re ENT: We are the owner of Equipment and have sale title (unless you have a $ .D0 purchase option) to the Equiement (excluding Sone re). You agree to keep the Equipment tree Sotto responsible for removing any data that may reside In the Equipment you return, including but not limbed to, hard dnvea, reek drives or any other form utmemory. 4. WARRANTY DISCLAIMER: WE MAKE NO WARRANTY EXPRESS OR IMPLED, INCLUDING THAT THE EQUIPMENT I5 FIT FOR A PARTICULAR PURPOSE OR THAT THE EQUIPMENT IS MERCHANTABLE. YOU AGREE THAT YOU HAVE SELECTED EACH ITEM OP EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. WE ARE LEASING THE EQUIPMENT TO YOU "AS4S". You acknowledge that none of Supplier a their rap tatives are OUT agents and none of them are authorized to modify the terms atthrs Agreemere. Nu representation or warranty of Supplier with respect to the Equipment el) bind us, nor wit any breach the eve you of any of your obligations hereunder. You ars aware of the name of the mauufactureror supplier of eech item of Equipment art you will conta,.ifhe, manufacturer or auppFier fir a description Of yourwarrnty rights. You herebyacknowledge and confirm that you have sot received any tax, enandar, accounting or fegat advice from us, the manufacturer or Supplier of the Equipment THIS AGREEMENT CONSTITUTES A "FINANCE LEASAS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. You agmen that the Customer One Guarantee is a separate and independent obligation of Supplier to you. that no assignee of the Lessor retell have any obiggaeon to you w:th respect to the Guist ran ee and t at yam' 0b kigabCustomer Ons Guarantee.er leis Agreement gernare not subject to setoff withholding, reducto,t, imunterclarm or demise for any reason whatsoever including, without. flmltabon, any dais, you may have a ,.ecu the 5, LOCATION OF EQUIPMENT: You well keep and use the Equipment only at your address shown above and you agree not 0 move It unless we agree to it At the end of the Agreement's Perm, if you do not purchase the Equipment, you will return the Equ,pment to a location we specify at your errpenee, In retail ,Tbo resalable conn (normal weer and tear acceptable), he teething order, and in complete repair. 6. LOSS OR DAMAGE: You are responsible for Ole ries of loss or foe any destruction of or damage to the 'equipment. No such lass or damage relieves you from the payment obligations under this Agreement You Agree io prone 1t notify us in wilting of any boss or damage and you vitt Oren pay to us the present value of the 'meet dr all unpaid Monthly Payments (or other periodic payments shown) for the hill Agreement term plus the estimated fair market value of the Equipment at the end of the originally scheduled term, alt dismounted at tour n!95 4per vear. Any proceeds of insurance '..se be paid to us and credited, et dui Option, against any ices or damage. You authorize us to Sinn on your better( and appoint attorney as your attoay In fact to execute in your name ny insurance diads or checks issued due to loss or damage to the Equipment. 7. COLLATERAL PROTECTION AND INSURANCE. You are responsible for Installing and keeping the Equipment in good wonting Order. Except for ordinary wear and bear you are responsible for Equipment tem damage and loss oT any kind. IT the Equipment is damaged or IosL you agree to continue topretnn op the Agreemaai, you agree that you wit (1) insure theus paye the obtain and to become due hereunder drama without setoff or defense. During the tem of this and (3) deliver saisfactory evidence of such coverage mm r gra t pi loss or forms ansa naming acceptable c e5 abe pe use; (2) o deo mu tp oavd a th t ry properly thirty In says wri terming us aF. ay aadfnal c (nage or cancellation. tf9 polrcr vethand amours aeoapf n. fa) us. Ali insurance must provide that t we be and thirty (30) days written notice of any he lease change e you do riot provide evkenc�a of acceptable insurance, we have the right, but no atmgaion. fa) tm obtain insurance coveting our interest fend only our interest) do the Equipment for the lease farm, and renewals and (t) any insurance we obtain will not Insure you against third party or (lability Maims and me' be canceled b} us at any lime, (d) you will be required to pay us an additional amount each month for Ole insurance premium and an administrative fee, (101 the cost may be mure than the cost of nktaifinq your own insurance, (iv) you agree that weer, or one of our affiliates. may make a profit in connection with .he insrdance we obtain, (v' you agree to cooperate Web us our insurer and our agent in the placement of coverage and with dame; or lb) we may waive the :nsu,ance equfrement and charge you a monthly properly damage surcharge in the amount of .0035 of the original equipment cost to cover our credit nsk, aomlrrisbative costs and other costs, as would be further deserjbed on a leiter hem us to you and on which we may snake a meet. IF you later provide etidence that you have obtained acceptable insurance, we mil comet tha inemence we obtained Cir Jesse charging the surcharge. S. INDEMNITY: We are not responeible for any lose or .. Lies caused by tie Installation ur use of the Equipment You agree to ;mkt us harmless and reimburse us for toss and to defend us against any claim for fosses or incur, or death caused by the Equipment. We reserve the right to control the defense and to select or approve defense counsel. This indemnity rhdeardty srrviver the ehfpirathan or termination of this 9. TAXES ANO FEES. You agree to pay when irvaced ail taxes (including perso,hal pruperty tax, fines and penalties) and Mee relating to this Agreement or the Equipment You agree to (a/ reimburse us for al pAersonal oro • lazes whdeh we are required to payee Owner of the Equipment or be reml to each month our estimate of the earthly ly equivale, it of the annual properly taxes be be assessed. t you do not have a 3.00 purchase tier, we will file at personal l props sere s fee opoir tay use or other x returns and of this you avemnt earlieus a r b trariase yfee for makin such themyfee You agree to pay us up to 575.06 on the date the first payment is app as le arir' ai fee. We reserve tha riht .o tha y p, your or default Any fee charged under this Agreemerhl may include a profit and is subjeG applicable lanes. 10. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT. We may sell, assign. or transfer this Agreement and/or the Equipment obligwithout notice. You agree that 1f we rel', assign, or transfer this Agreement and/or the Equipment, the new lessor viii ham the sauna rights and benefits that we have now anu will not have to perform airy of our allon:. You agree that the rights of the new Lessor will not be subject to env claims. defenses, or set olfr that you may have egalnsl us Weather or not you are notified of such assigement. The cost d any Easement, ement, Software, services and other elere,rts of the Agreement has been nepoiated between you old the Supplier. None of Lassoes assignees will Independently vkiity any euoh costs. Lesso(S assignees wit beprovidingnding based on the payment you have negotiated vitt Supplier. You are responsible for determining your accountng treatment of the appropriate tax, legal, financial aux! c coshing components of 11. OEFAUL AND REMEDIES: If (a) you dc; not pay any lease payment or other sum due to us or other party when due or (b) if you break any of your promises in the Agreement or any other Aggreenrent with us or fc} h any guarantee cf your 05igatons become insolvent or commence bankruptcy or receivership proceedings Or have aur:, proceedings payment is more their three (3) days late, you egrae to pay a late charge of ten commencedbllow against you, you will be in default, O any pert any y oce or all of the folio,.in(a)instruct S r1�, of 1 Payment er Q is Me or a lees, One mex,e or anceL I s Agm byni law. If you are aver o pay, A via may A g; Supple, to withhold service, marts and supplies and 1 or void Ore Customer One Guarantee:lb) terminate or cancel this Agreement and require that you pay, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN ANO NOT AS A PENALTY, the sum of: fi) all past due and current Mo Lhly Payments (o: other parade payments) ane charges- (11) the present value of a6r remaining Monthly Pevments for other periodic payments} and charges. discounted atthe rate of four pertain: (4%) per annum or the lowest rate permitted by taw, whichever if. higher); and (iii) the present value (at the time discount rate art specified :n clause (11) above) of the amount of any purchase option Wei respect le the Equipment or if none fe specified, our anbppated value of the Equlorwnt at the end Of the term of thie Agreement (or any renewal thereof; end (sI require you to return the Equipment to us to a location dealgnaied by us (and Met respe,;t to any Software. (d. immediately temerate your fight to use the Software including the disabling (on-site or by remote cdmrnunrcatlon) of any Software; 01) dement, the immediate ream and obtain poesesslon of the Software arW reecenso the Software ata public or private sale; and/or (iii} cause the Software suppler to terminate the Softeare home support and other services under the Software license.; We may recover interest on ars u (pard balance at the rate of four percent (4'.) per annum but in no event more than the lawful mndmum rats. We maltase' use any of the remedies available to us under Article 2A of the Intron„ Commercial Cade as enacted in the State of Lessor or its Assignee or any other law. You agree to pay our reazonable Costs of collection and ere rcemenL including but not limited to attorneys fees and actual court coats relating to any Maim arising under this Agreement including, but not limited to, any leered action cr referee' foe cotetnlon. If eve have to tate posseaseen of the Eq ipment, yeti agree le pay tha cost of repossesslon The net proceeds of the sale of any repossessed Equipment wgl be credited against what you ewe us YOU AGREE THAT ANE WILL NOT BE RESPONSIBLE FOR ANY CONSEQUENTIAL INDIRECT OR INCiOENrAL DAMAGES FOR ANY REASON WHATSOEVER. you agree that any delay or failure to 3nforoe our rights under this Agreement does not prevent us from enfordng any tights ata later lime. A0 of our rghts are cumulative. It is further agreed that your rights and remeiie_ are governed exclusively by this Agreement and you waive lessee's rights under Article 2A (505.522) of the UCC 12. UGC. FILINGS: You grant us a securey interest in he Equipment 1f this Agreement is dammed a secured transaction and you authorize us io famed a UCC -1 enandng statement or similar instrument in ower to :.tow our interim :n the Equipment. 13. CONSENT TO LAW, JURISDICTION, AND VENUE Thls Agreement. shall be deemed holly executed and performed in the state of Lessor or its Assignee's principes pima of business and shall be governed by end construed in accordance with Its laws. Otte Lessor oras Assignee shaft bring am•yudlual procaecsng In relation to any smatter areeng tinder the Agreement the Customer irrevocably agrees that any Such matter ray be adjudged Or deternoned in any. own or courts in the stats of the Lessor or ds Assignee's principal place o,• business, or in any court or courts in Customers slate of rrhsdence, or in any other court having lurisdiceon over the Customer or assets of the Customer, alt at the sole ato,,.don of the Lessor, The Customer harks} Irrevocably a:rbmNr generally and unconditlaiapy to the junatereon of any e:icit sour; so elected Cy Lessor in relation to such natters. BOTH PARTIES WAIVE TRIAL BY JURY 1N ANY ACTION BETWEEN US. 14. LESSFF GUARSNIEE: You agree, upon o;.::ere-m et, 10 submit the original of(his Aerearrrent end any senedulea to the Lassa via ovemigM courier the same day of the facsimile or other electronic transmission of the signed Agreement and such schedules. Both parties agree that this Agreement aril any schedules signed by youwhether manually or electronically, and submitted to us by facsimile Or other electronic tranaoiisslon s:ialF, upon execution by us (manually or electronically, as applicable`, be binding upon the parties. Thls lease may be executed in counterparts and airy facsimile, photographic enefor other electronic transmission of this Lease which has been manually a eleceonicairy signed by you when manually or electronically countersigned by us or attached he our original signature counterpart and/or in our possession shalt ;onsk ® the sole Theiauthenticity paper' p faxed, defined in the UCC for all parposec (Including any enforcement action under paragraph 11) and will be admissible as legal evidence thereof. Both parties waive the right to r.haIIen a in photographic. or dear electronically tra,hsmtted or electronically seined copy of this Agreement and any schedule. 15. COMPUTER SOFTWARE Not wethstanding any other teams and condltions of ire Agreement, you: agree that as to Software crnfy: a) We have not tiad, do not have, nor wit have any title (0 such Software b} You have executed or w.1 efec.Jte a separate software license Apggreement and we are not a party be arm have no respenaibilii;as whatsoever in regards to such Oconee 4ireerrent, c) You have selected such Software and as per Agreement pa•a raph 4, WE MAKE NO WARRAhITIES OF MERCHANTABIUTY, DATA ACCURACY_ SYSTEM INTEGRATION Ote FITNESS FOR USE AND TAKE ABSOLUTELY NO RESPONSIBILITY Fier THE FUNCTION 0R DEFECTIVE NATURE OF S iCH SOFTWARE, SYSTEMS INTEGRATION. OR OTHERWISE lel REGARDS TO SUCH SOFTWARE. CUSTOMER'S LEASE PAYMENTS AND OTHER OBLIGATIONS UNDER THFS LEASE AGREEMENT SHALL IN NO WAY BE DIMINISHED ON ACCOUNT OF OR IN ANY WAY RELATED TO THE ABOVE SAID SOFTWARE LICENSE AGREEMENT OF FAILURE IN ANY WAY OF THE SOFTWARE. KMPF0001 - US 10101116 -f SAN BERNAKD NO CY 9 FAS STANDARD CONTRACT • Ne FAS Vendor Code II ,Cw-hence KON/CA08P ePro Vendor Number 00001312 County Department Dept Orgn. Purchasing FUR PUR County Department Contract Representative otephone FOR COUNTY use ONLY BM Brock (909)387-2464 Contract Type m [ 11L* --R • • e -' I, , .:C. . tf not encumbered" or revenue contract type, protide roman' Contract Number ePro Contract Number 153859 Contractor's !.manse No. Total Contract Amount Commodity Code rContract Start DateContract End Date Original Amount Amendment Amount 600-72 [I July 1, 2015 June 30, 2018 $ Fund Dept. Organization Appr. ObjR7ev Source GM/PROMOS No Amount r Fund Dept, Organisation Apps. ObtlRevSouroe GRC/PROJ/JOa No. Amount Ft id Dept Orpan1e on Appr. O'bllRev Source t tC1PROJ/JOB No, Amount Proled Name FY Estimated Payme t Total. y Fiscal Veer 1/17 FY Amount THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter casted the County, and Name Konica Minolta Address 1003 East Brier Drive # 120 San Bernardino CA 92408 Telephone Federal ID No or Social Security No (909) 824.2000 13-1921089 IT IS HEREBY AGREED AS FOLLOWS; hereinafter called Vendor WHEREAS, the County of San Bernardino desires to procure Copiers/Multi-Function Office Machines on a monthly Rental and Purchase basis; and WHEREAS, the County conducted a competitive process to find Vendor(s) to provide these products, and WHEREAS, the County finds Vendor qualified to provide Copiers/Multi-Function Office Machines and Auditor -c row/lrm.0E10w tax Cp ,c a, Uar (]n* _ g r- O Contract Database d FAS input Data Keyed By Page 1of15 WHEREAS, the County desires that such equipment be provided by Vendor end Vendor agrees to provide this equipment es set forth below: NOW, THEREFORE, the County and Vendor mutually agree to the following terms and conditions: h. VENDOR RESPONSIBILITIES 1. Provide Copiers/Multifunction Office Equipment to County departments on a monthly rental' and purchase basis and to provide maintenance for purchased equipment. Al! such equipment provided to the County must beISL. 'New' is defined in the sense any ordinary, reasonable person would understand the term. Used, re -conditioned or 'newly remanufactured' equipment is unacceptable to the County's needs. 2. Orders: County departments seeking equipment pursuant to this Contract witf submit orders directly to Vendor through the Issuance of separate Purchase Orders (POs). In the case of monthly maintenance agreements and monthly rentals, Master Blanket purchase orders will be issued per department or per piece of equipment and individual releases wig be made as needed against the Master Blanket PO. Vendor agrees to accept the County's terms and conditions contained in the County's standard Purchase Order. POs are issued electronically through the County's e -Pro procurement system. Vendor shall be responsible from retrieving the POs from e -Pro. The County is not obligated to order a minimum amount of equipment from Vendor during the herrn of the Contract, nor is Vendor guaranteed to receive any orders from the County during the term of this Contract County departments will be allowed to order consumable supplies such as toners, staples. developers, etc., directly from the Vendor. Upon the order of a new copier from the Vendor, the vendor shall remove the old County owned unit and dispose of the old unit h compliance with any Federal, State or local government regulations, without additional charge to the County 3. Copiers: M copier equipment shall include at a minimum: Automatic Document Feeder, Auto Duplex, Finisher, Stapter, Print and Scan. These features shall be included in the base cost charged by Vendor. 4. Delivery and Set -Up: Vendor shall make delivery of all equipment within thirty (30) days of receipt of order. Vendor shah deliver end set-up copier on site at the location specified by the County department. Vendor shal also provide at time of delivery a start-up kit of supplies, so that the copier may be set up for immediate use. The county will not pay ny meal surcharges or delivery fees. Seller must make delivery of any supplies, including but not limited to, toners, staples, developers, etc. within twenty- four (24) hours of receipt of an order placed by a user department. 5. Training: The Vendor will provide all training as required on use of the equipment at no extra charge to the County within forty-eight (48) hours of delivery of copier. Vendor installer will provide a cursory overview of the copier functions at time of installation. 6. Suppler: All monthly copier rentals and all maintenance agreements for purchased copiers are to include all consumable operating supplies at no additional charge, induding but not limited to Toners, Staples, Developers and Drums. This provision excludes paper. Revised 2/2012015 Page 2of15 7. Subcontractors: There shall be no subcontracting nor joint venture of any services, marketing, or other activities by Vendor unless specifically approved In advance in writing by the County Purchasing Department. Vendor shall act as the single principal for all products and services in this contract. 8. Vendor Representation: Vendor will provide a designated sales representative to the County. Vendor will provide the name(s) and all contact information, including e-mail address, of ail Vendor personnel who will be assigned to the County's account. 9. Rentals Rentals shall be on a month 10 month basis, which can be terminated at any time with or without cause by the requesting County department. Cause for termination shall include, but not be limited to, failure to delhrer In quantities required within required lead times, failure of product(s) to meet specifications and/or for reasons of unsatisfactory service. All rentals shall be based on a thirty-six (36) month term, which shall commence upon delivery and set-up of the equipment. Departments shall be billed a base monthly amount which includes a specified number of black and white copies allowed each month. Departments are provided a per copy charge for any black and white copies exceeding the number of monthly allowable copies. Color copies are typically billed per copy and billed in arrears. No early termination penalties shall be assessed when a rental is cancelled with or without cause. All rental agreements that extend over any fiscal year must contain a provision that the agreement can be cancelled at any time if funds have not been appropriated for the new fiscal year. Vendor shall upgrade any equipment mid-term upon request of a County department without being assessed a penalty. Vendor assumes all responsibility for any property taxes on equipment provided to the County as a rental. The County does not own the equipment, but is merely renting it for a fixed time period. No third party rentals are allowed. 10. Equipment N alntenance: Applies to both rented and purchased equipment. a. Scrvice Calls: Tools, equipment and skill used in the accomplishment of needed service will comply with the equipment manufacturer's specifications. The service technician shall have the training and experience level to perform prompt, efficient and accurate service on each type and model of equipment for which the Vendor is responsible. Vendor shall provide unlimited service calls and shall perform such calls during normal County business hours (Monday through Friday, 8 a.m. to 5 p.m.), except as indicated below. All service personnel must provide proper photo identification in order to be allowed access to County f cIlitlea. b. Parts: All replacement parts shall meet the original equipment manufacturer's specifications. No used parts will be installed. Only OEM parts shall be utilized by Vendor. c. Response Time: Vendor shall respond to service calls within two (2) to four (4) hours of receiving a service request. In no event shall a response time exceed eight (8) hours. My Revised 2/20/2015 Page 3 of 15 delay for service In excess of eight (8) hours shell be coordinated at the time of service request and Vendor will provide a written report to Purchasing as to why the delay occurred. Some County departments, due to the nature of their operations, require service personnel to be available twenty-four (24) hours a day, seven (7) days par week. Vendor are shall provide a contact person and phone number for emergencies during times other than normal County business hours. d. Loaner/Replacement 1k -chines: If contract equipment is unable to be repaired within twelve (12) business hours (one and a half business days). a Barrer machine shall be provided to the user department within eight (8) additional business hours at no additional charge to the County. e. Maintenance Records: Vendor shall provide and maintain a 'Maintenance History Record" for each plece of equipment. This record shall contain the following information: Model Number, Serial Number. Date placed into service, Date and Description of each service call, Date of inspections and initials of the Vendor's Service Technician. An inspection and service acknowledgement shall be furnished to the County for each visit, to be left with the using department. f. EiNing of fialntsensnce: The County will pay maintenance on a monthly, quarterly or annual basis. per user department preference. The County will pay per copy charges in arrears. g. AdditionsIDeladono to i aindenance: The County reserves the right to add/delete equipment to/from the Contract as necessary. Vendor shall provide additions/deletions to maintenance on a monthly basis. h. Warranty: Vendor shall provide warranty information for each model of equipment purchased by the nt of all rts, induding Drums, MaintenanceAgreem warranties and shall include the replacement of equipment necessary. under L Exclusions: Repairs for damage or loss caused by any other than normal and reasonable use shall not be covered by this Contract. Written estimates for work required for the aforementioned reasons will be submitted in advance by the Vendor to the user department prior to the work being performed. Authorization for said repairs shall be made by a separate PO issued by the County. 11. Security of Multifunction Copiers: Vendor shall provide the following: a. Enable Overwrite at Job Completion option to ensure that only the most recent document is stored on the hard drive; or b. If °verwrtts at Job Completion option is not supported by the Vendor's equipment, then the Vendor shall review all stored documents with the County user department on a regular basis and clean the hard drive es directed by the user or c. Ensure that the option to stone on time hard drive is disabled by default or d. For rental copiers, remove all documents and/or data stored on the hard drive, if necessary, prior to removal of any multifunction copier from the County's premises. This will be provided to the County at no additional charge as a oast of doing business. Vendor shell provide signed certification that the hard drive has boen wiped within one we'll of removal of the equipment from County premises. Revised 2120/2015 Page 4 of 15 e. For purchased copiers which are owned by the County, Vendor shall provide at no charge any software or other means necessary to wipe the hard drives on their brand of equipment as well as any training necessary in the use of such program. B. GENERAL CONTRACT REQUIREMENTS 8.1 Recitals The recitals set forth above are true and correct and incorporated herein by this reference. 8.2 Legality and Severability The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be Invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect. 8.3 Representation of the County In the performance of this Contract, Vendor, its agents and employees, shall act In an independent capacity and not as officers, employees, or agents of the County of San Bernardino. B.4 Relationship of the Parties Nothing contained in this Contract shall be construed as creating a Joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto. 8.6 Primary Point of Contact Vendor will designate an individual to serve as the primary point of contact for the Contract. Vendor or designee must respond to County inquiries within two (2) business days. Vendor shall not change the primary contact without written acknowledgement to the County. Vendor will also designate a back-up point of contact in the event the primary contact is not available, Change of Address Vendor shall notify the County in writing, of any change In mailing address within ten (10) business days of the change. Subcontracting Vendor agrees not to enter into any subcontracting agreements for work contemplated under the Contract without first obtaining written approval from the County. Agreement Aassignabilky Without the prior written consent of the County, the Contract is not assignable by Vendor either in whole or in part. 8.9 Agreement Modification Vendor agrees any alterations, variations, modifications, or waivers of Contract, shall be valid only when reduced to writing, executed and attached and approved by the persons) authorized to do so on behalf of Vendor and 8.10 Duration of Terms This Contract, and all of its terms and conditions, shall be binding upon benefit of the heirs, executors, administrators, successors, and assigns of provided no such assignment is in violation of the provisions of this Contract. 8.6 8.7 8.8 B.11 Time of the Essence Revised 2/20/2015 the provisions of the to the original Contract County. and shall inure to the the respective parties, Page 5 of 15 Time is of the essence in performance of this Contract and of each of its provisions. 5.12 Strict Performance Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the faIure by a party to exercise Its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Contract thereafter. B.13 Mutual Covenants The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of °good faith' and "fair dealing°. B.14 Contract Exclualvfty This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Vendor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis. under the terms of this Contract. B.15 Notification Regarding Performanoo In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the level of performance under the Contract, the Vendor shall notify the County within one (1) working day, in writing and by telephone. 3.16 Attorney's Fees and Costs If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs end attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third -party legal action against a party hereto and payable under indemnification and insurance Requirements. B.17 Venae The parties acknowledge and agree that this Contract was entered Into and Intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, County of San Bernardino, San Bernardino District or the Federal District Court, Riverside County. Each party hereby waives any law or ruin of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third -party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of San Bernardino, San Bernardino District. 18.18 Choice of Law This Contract shall be governed by and construed according to the laws of the State of California. 8.19 Licenses, Permits andfor Codifications Vendor shall ensure that it hes all necessary licenses. permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Vendor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Vendor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract. B.20 Conflict of Interest Revised 220/2015 Page 6 of 15 Vendor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Vendor shall make a reasonable effort to prevent employees, Vendor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties, Officers, employees, and agents of cities, counties, districts, and other doom agencies are subject to applicable conflict of Interest codes and state favi. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Vendor's officers, employees, or agents have family, business, or other ties so tong as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant. BIZ improper Consideration Vendor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any Items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract. The County, by written notice, may immediately terminate this Contract if it determines that any unproper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award prods, This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded. Vendor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Vendor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office, In the event of a termination under this provision, the County is entitled to pursue any available legal remedies. 322 Former County Administrative Metals Vendor agrees to provide, or has already provided information on former County of San Bernardino administrative officials (as defined below) who are employed by or represent Contractor. The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The information also includes the employment with or representation of Vendor. For purposes of this provision, ''County administrative official" is defined as a member of the Board of Supervisors or such officer's staff, County Executive Officer or member of such officer's staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit. B.23 improper influence Vendor shall make all reasonable efforts to ensure that no County officer or iumployee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Vendor or officer or employee of the Vendor. 8.141 Material Missta' omentiMisrepresentetlon If during the course of the administration of this Contract, the County determines that Vendor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies. 8.25 Ownership of Documents Revised 2/20/20115 Page 7of15 AU documents, data, products, graph, computer programs and reports prepared by Vendor pursuant to the Contract shall be considered properly of the County upon payment for services (and product, If applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV Term of the Contract. Unless otherwise directed by County, Vendor may retain copies of such items. B.26 Release of trtormation No news releases, advertisements, public announcements or photographs arising out of the Contract or Vendor's relationship with County may be made or used without prior written approval of the County. B.27 Partidpatlon Clause The County desires that Municipalities, School Districts, and other Tax Districts within the County of San Bernardino requiring the same services provided herein may at their option and through the County Purchasing agent, avail themselves of this Contract. Upon notice. in writing, the Vendor agrees to the extension of the terms of a resultant contrail with such governmental bodies as though they have been expressly identified in this bid, with the provisions that: 8.27.1 Such governmental body does not have and will not have in force any other contract for like purchases. B.27.2 Such governmental body does not have under consideration for award any other bids or quotations for like purchases. Such governmental body shall make purchases directly through and to the Vendor. The County will not be liable for any such purchase rnade between the Vendor and another governmental body who avails themselves of this contract. B.23 Donato to County Property Vendor shall repair. or cause to be repaired, at its own cost, ail damages to County vehicles, faculties, buildings or grounds caused by the Wilful or negligent acts of Vendor or its employees or agents. Such repairs shall be made immediately after Vendor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence. if the Vendor fails to make timely repairs, the County may make any necessary repairs. The Vendor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Vendor from the County. B.29 Air, Water Pollution Control, Safety and Health Vendor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract. 8.30 Drug and alcohol Free !reorttplace in recognition of individual rights to work in a safe, healthful and producWe work place, as a material condition of this Contract, the Vendor agrees that the Contractor and the Vendor's employees, white performing service for the County, on County property, or while using County equipment: B.30.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug. B.30.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the Influence of an illegal drug. B.30.3 Shall not sell. offer, or provide alcohol or a drug to another person. — Revised 2/201201/5 Page 8 of 15 This shall not be applicable to a Vendor or Vendor's employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs. The Vendor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County's objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County. B.31 Environmental Requirements in accordance with County Policy 11-10, the County prefers to acquire and use products with higher levels of post -consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Vendor to use recycled paper for any printed or photocopied material created as a result of this Contract. Vendor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable. To assist the county in meeting the reporting requirements of the California integrated Waste Management Act of 1989 (AB 939), Vendor must be able to annually report the County's environmentally preferable purchases. Services providers are asked to report on environmentally preferable goods and materials used in the provision of their service to the County. 13.32 Employment Discrimination During the term of the Contract, Vendor shall not willfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, gender, marital status, age, political affiliation, disability or sexual orientation. Vendor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Ferri -lousing and Employment Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. B.33 Debarment and Suspension The Vendor certifies that neither it nor its principals or subcontracts Is presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency as required by Executive Order 12549. B.34 informal Dispute Resolution In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual Interests, attempt to reach a just and equitable solution satisfactory to both parties. 3.35 Iran Contracting Act IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts of one million dollars ($1,000,000) or more). In accordance with Public Contract Code section 2204(), the Contractor certifies that at the time the Contract is signed, the Vendor signing the Contract is not identified on a list created pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract Code section 2202(e)) engaging in Investment activities in Iran described in subdivision (a) of Public Contract Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as applicable. lea-aWiltie›T 71.0 Revised 2/20f2O15 Page 9 0115 Vendors are cautioned that making a false certification may subject the Vendor to civil penalties, termination of existing contract, and ineligibility to bid on a contract for a period of three (3) years in accordance with Public Contract Code section 2205. B.36 Records Vendor shall maintain all records and books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract. All records relating to the Vendor's personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should Include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars which state the administrative requirements, cost principles and other standards for accountancy. B.37 Rid 13.38 Notice of Deleys Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that party shy, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party. B.39 Disclosure of Criminal and Civil Procedures The County reserves the right to request the information described herein from the Vendor selected for contract award. Failure to provide the information may result in a disqualification from the award of contract to Vendor. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Vendor also may be requested to provide information to clarify initial responses. Nagatihre Information discovered may result in disqualification of award of contract. Vendor is required to disclose whether the firm, or any of Its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (ff still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the fan's business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (If still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Vendor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail. In addition, the Vendor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the firm or those individuals. "Legal proceedings° means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the firm or the individuals. tf the response is affirmative, the Vendor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding dreumstanoes in detail. Revised 2/20/2015 Page 10 of 15 For purposes of this provision `key employees" includes any individuals providing direct service to the County. "Key employees" do not include clerical personnel providing service at the firm's offices or locations. C. TERM OF CONTRACT This Contract is effective as of July 1, 2015 and expires June 30, 2018, but may be terminated earlier in accordance with provisions of this Contract. The Contract term may be extended for two additional one- year periods by mutual agreement of the parties. The County and the Vendor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the services described herein, Upon such termination, payment will be made to the Vendor for services rendered and expenses reasonably Incurred prior to the effective date of termination. Upon receipt of termination notice Vendor shall promptly discontinue services unless the notice directs otherwise. D. COUNTY' RESPONSIBILITIES D.1 County will ensure that County departments only utilize contract vendors for copier equipment. D.2 County shall notify Vendor of point of contact responsible for facilitation of this Contract. D.3 County shall pay Vendor In accordance with fiscal provisions below. E. FISCAL PROVISIONS E.1 County shall reimburse Vendor as set forth In any PO issued against this Contract. Rental costs shall be inclusive of: all fuel costs, delivery fees, and supplies including toners, staples, developers and drums. Cost does not indude paper. Vendor shall not charge the County any additional fuel surcharges or delivery fees. E.2 Vendor shall submit invoices directly to County departments on a monthly basis for copier equipment rentals and maintenance. Invoice shall bill the base monthly rental amount and the charges for any overages and/or color copies, if applicable. E.3 Vendor shall accept afl payments from County via electronic funds transfer (EFT) directly deposited into the Contractor's designated checking or other bank account. Vendor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments. E.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Vendor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract, F. INDEMNIFICATION AND INSURANCE REQUIREMENTS F.1 Indemnification Vendor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Vendor indemnification obligation applies to the County's "active" as well as Revised 2720/2015 Page 11 of 15 "passive" negligence but does not apply to the County's "sole negligence" or "willful misconduct" wrttn the meaning of Civil Code section 2782. F2 additional Insured Ail policies, except for Worker's Compensation, Errors and Omissions and Professional Liability polities shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow Coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85. F.3 Waiver of Subrogation Rights The Vendor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors. M general or auto liability insurance coverage provided shalt not prohibit the Vendor and Vendors employees or agents from waiving the right of subrogation prior to a loss or Balm. The Vendor hereby waives all rights of subrogation against the County. F.4 Policies Primary and Non -Cory Ail policies required herein are to be primary and non-oontribuiory with any insurance or self- insurance programs carried or administered by tare County. F.5 Severability of Ind The Vendor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross mobility exclusions that preclude coverage for sults between the Vendor and the County or between the County and any otter insured or additional insured under the policy. F.6 Proor of Covera* The Vendor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the lime the Contract is executed. additional endorsements, as required shall be provided prior to the commencement of pe fomcance of services hereunder, which certificates shall provide that such insurance shall not be temdnated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Vendor commences performance of services hereunder until the completion of such services. Within fifteen (15) days of the commencement of this contract, the Vendor shall furnish a copy of the Declaration page for all applicable policies and win provide complete certified copies of the policies and endorsements immediately upon request. F.7 Acceptability of insurance C: rrior Unless otherwise approved by Risk Management insurance shall be written by Insurers authorized to do business in the State of California and with a minimum `Best' insurance Guide rating of °A - Vit" F.B Deductibles and Self-insured Retn*..ion Any and all deductibles or self-insured retentions in excess of $10,000 shell be declared to and approved by Risk Management. F.9 Failure to Procure Coverggo In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any Revised 2/202015 Page 12 of 15 premiums paid by the County will be promptly reimbursed by the Vendor or County payments to the Vendor will be reduced to pay for County purchased insurance F.10 Insurance Review Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, If the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any change requiring additional types of Insurance coverage or higher coverage limits must be made by amendment to this contract. Vendor agrees to execute any such amendment within thirty (30) days of receipt. Any faiure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County. F.11 The Vendor agrees to provide insurance set forth in accordance with the requirements herein. If the Vendor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Vendor agrees to amend, supplement or endorse the existing coverage to do so. Without in anyway affecting the indemnity herein provided and in addition thereto, the Vendor shelf secure and maintain throughout the contract term the following types of insurance wlth limits as shown: F.11.1 Workers' Comnensatio mployer% Llebility - A program of Workers' Compensation insurance or a state -approved. self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including . Employer's Liability with $250,000 limits covering all persons Including volunteers providing services on behalf of the Vendor and all risks to such persons under this contract If Vendor has no employees, it may certify or warrant to the County that It does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Director of Risk Management. With respect to Vendors that are non-profit corporations organized under California or Federal law, volunteers for such entitles are required to be covered by Workers' Compensation insurance. F.11.2 Commercial/General Liability Insurance - The Vendor shall carry General Liability Insurance covering all operations performed by or on behalf of the Vendor providing coverage for bodily injury and property damage with a combined single limit of not Tess than one million dollars ($1,000,000), per occurrence. The policy coverage shall include: Revised 2/20/2015 Page 13of15 a. Premises operations and mobile equipment. b. Products and completed operations. c. Broad form property damage (Including completed operations). d. Explosion, collapse and underground hazards. e. Personal injury. 1. Contractual liability. g. $2,000,000 genera! aggregate Limit. F.11.3 Automobile Uabilftv insurance — Primary Insurance coverage shaN be written on ISO Business Auto coverage form for all owned, hied and non -owned automobiles or symbol 1 (any auto). The policy shell have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence. If the Vendor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence. If the Vendor owns no autos, a non -owned auto endorsement to the General Liability policy described above Is acceptable. F.11.4 Umbreq Liability Insurance — An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/properly damage, personal injury/advertising injury and shall include a 'dropdowm` provision providing primary coverage for any liability not covered by the primary policy, The coverage shall also apply to automobile liability. G. RIGsT TO MONITOR AND AUDIT G.1 The County, State and Federal government shall have absolute right to review and audit ail records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Vendor In the delivery of services provided under this Contract. Vendor shad give full cooperation. in any auditing or monitoring conducted. Vendor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County. 0.2 Ad records pertaining to services delivered and ell fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever Is later. H. CORRECTION OF PERFORMANCE DEFICIENCIES H.1 Failure by Vendor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract. H.2 In the event of a non -cured breach, County may, at de sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a. Afford Vendor thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of County; and/or b. Discontinue reimbursement to Vendor for and during the period in which Vendor is in breach. which reimbursement shall not be entitled to tater recovery; and/or c. Withhold funds pending duration of the breach; and/or d. Offset against any monies billed by Vendor but yet unpaid by County those monies disallowed pursuant to Item `2" of this paragraph; and/or e. Terminate this Contract immediately and be relieved of the payment of any consideration to Vendor. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County. The cost to the County shall be deducted from any sum due to the Vendor under this Contract and the balance, if any, shall be paid by the Vendor upon demand. I. NOTICES All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in wilting and either served personally, or by facsimile, or deposited in the United States mail. postage prepaid, and addressed to the other party as follows. County of San Bernardino Konica Minolta Business Solutions U.S.A. Purchasing Department 1003 East Brier Drive, Ste. 120 777 E. Rialto Ave. San Bernardino, CA 92408 San Bernardino, CA 92415 Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph. J. ENTIRE AGREEMENT This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the sub)ect matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon anY promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free wiI11.IN IVITNESS WHEREOF, the County of San Bernardino and the Vendor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf. Dated: /(16 "/4 Leo Gomez, Supervising Buyer Revised 2/20/2015 Konica Minolta Business Solutions US, inc. By(Prig or typo name of corporalwn, company, o4nhlo,► sc, 010) 6 In Mit into Name �'`� rC..Z.�J�-*�l Mark Bradford (Print or{ype nem of person signing conhaoi Title President. Direct Channel (Print or Type) Dated 1f t?1 r15 Address 100 Williams Drive, Remse_y, NJ 07446 Page 15 of 16 Agenda Item No, . 1 STAFF REPORT TO: Mayor and Council Members FROM: Community Services Director DATE: April 18, 2017 SUBJECT: July 4th Event Background and Analysis: The City of Beaumont will be hosting a Pyro Spectacular firework program on July 4th attracting residents and visitors throughout the Pass Area. The event will be an all day celebration with $1.00 open swim at the Plunge. Families and visitors can enjoy the pool and the park; swimming, barbequing and picnicking, as well as browsing the Chamber's Market Night which will include local non -profits. Raceway Ministries will have their family fellowship tent on site with activities. At 5:00 p.m. a live music show will begin on the Stewart Park stage. Two bands will perform, which will help draw visitors to the event and help ensure that Market Night is successful as well. Around 9:00 p.m. the Pyro Spectacular fireworks show will begin. Fiscal Impact: The fiscal impact for this event is not to exceed $35,000. This will provide a full day of entertainment, activities and fireworks. Funds for these expenditures are included in the FY2017 Community Services Department budget. The Community Services Department is currently seeking partners for this event, and will work to get some of these costs defrayed. Beaumont Cherry Valley Recreation and Parks District has agreed to assist with this event. Finance Director Review: Recommendation: Approve the Community Services Department to proceed with the event planning. City Manager Review: Agenda Item No. to Staff Report TO: Mayor and City Council Members FROM: Director of Public Works/ City Engineer DATE: April 18, 2017 SUBJECT: Maximum Benefit Monitoring Program for Groundwater and Surface Water Background and Analysis: The City of Beaumont is required to monitor groundwater and surface water to meet monitoring requirements established in the Maximum Benefit Monitoring Report 2014 Work Plan for the Beaumont and San Timoteo Groundwater Management Zones (GMZ). The City of Beaumont is a maximum benefit participant in the Beaumont, San Timoteo, and Yucaipa Groundwater Management Zones (GMZ) pursuant to the maximum benefit commitments described in the 2014 Basin Plan Amendment R8-2014-0005. The primary objective of the maximum benefit groundwater monitoring program is to collect the data needed for the triennial recomputation of ambient water quality for the groundwater basins in the Santa Ana River watershed. On June 21, 2016, City Council awarded a contract to Dudek to prepare a groundwater and surface water monitoring report. The draft of the report will be submitted to the City's staff for review and will be submitted to the Water Board in mid April. Dudek is also under contract to the Yucaipa Valley Water District for its 2017 groundwater and surface monitoring report. It is in the best interest of the City to use the same consultant as Yucaipa Valley Water District since the report has to be submitted jointly. Dudek has agreed to prepare the Maximum Benefit Monitoring Report for 2017 and staff is recommending amending Dudek's current contract to include 2017 groundwater and surface water monitoring and preparation of the required report. Fiscal Impact: The services rendered by the consultant under this contract will be funded by the Wastewater Fund in an amount not to exceed $89,542.00. Finance Director Review:r Recommendation: 1. Approve amending current contract with Dudek for the 2017 groundwater and surface water monitoring report. City Manager Review: Attachment 1. 2016 Proposal for Maximum Benefit Monitoring Report. Attachment "A" Scope of work and proposal DUDEK PIAN OFFICE 505 THIRD STREET E•NCINITI.S. CA:IFORNiA 424[4 T 760.942.5147 T 800.450_.818 F 760.632.0i6+ May 18, 2016 9219 Amer Jakher Director of Public Works City of Beaumont 550 E. Sixth St. Beaumont, CA 92223 Subject: Proposed Scope of Work and Fee to Provide Groundwater and Surface Water Monitoring Services in 2016 Related to the Maximum Benefit Monitoring Program for the Beaumont and San Timoteo Groundwater Management Zones Dear Mr. Jakher: Dudek is pleased to present this scope of work and fee to provide groundwater and surface water monitoring services to meet the monitoring requirements established in the Maximum Benefit Monitoring Report 2015 Work Plan for the Beaumont and San Timoteo Groundwater Management Zones (GMZ). The 2015 Work Plan was collaboratively prepared by the maximum benefit participants in the Beaumont, San Timoteo, and Yucaipa GMZs pursuant to the maximum benefit commitments described in the 2014 Basin Plan Amendment R8-2014-0005. The primary objective of the maximum benefit groundwater monitoring program is to collect the data needed for the triennial recomputation of ambient water quality for the groundwater basins in the Santa Ana River watershed. The following scope of work and fee are based on monitoring requirements defined for the City of Beaumont in the Maximum Benefit Monitoring Report 2015 Work Plan (Wildermuth, 2014) that was updated on December 22, 2014 and approved by the Santa Ana Regional Water Quality Control Board on January 6, 2015. Dudek is prepared to conduct the first semi-annual groundwater monitoring event in June 2016. The second semi-annual groundwater monitoring event may be conducted in October or November 2016. Dudek is prepared to also begin the bi-weekly surface water monitoring events in June 2016. The following scope of work includes the following tasks: 1. Kick -Off Meeting. Steven Stuart, PE, who will also serve as the project manager, and field staff will attend a kick-off meeting with City of Beaumont staff (and other staff of participating members of the maximum benefits monitoring program) to review the goal of the data collection efforts, the procedures and methodologies used to collect and Mr. Amer Jakher Subject: Proposed Scope of Work and Fee to Provide Groundwater and Surface Water Monitoring Services in 2016 for the Maximum Benefits Monitoring Programs compile the data, and inspect well sites and surface water monitoring sites for access and other logistical concerns. Dudek anticipates that the kick-off meeting will be a full day with site inspections in the Beaumont and San Timoteo GMZs. 2. Semi-annual groundwater monitoring services. The City of Beaumont is responsible for collecting groundwater level and/or water quality data from 32 wells in the Beaumont GMZ and for 10 wells in the San Timoteo GMZ per the 2015 Work Plan. The data collection responsibilities include measuring depths -to -water at all accessible wells designated for water level data collection (total of 33 wells) and sample collection at all accessible wells designated for water quality data collection (total of 25 wells). The water quality samples will be delivered to Clinical Laboratory of San Bernardino, Inc. of Grand Terrace, California for analyses as outlined in the Draft 2015 Work Plan. Water levels will be manually measured using a Solinst electric water level sounder. 3. Bi -weekly surface water monitoring services at up to eight (8) surface water monitoring sites in the Beaumont and San Timoteo GMZs. This will include measuring surface water flows and collecting water quality samples from each monitoring site. The Draft 2015 Work Plan also calls for the collection of water quality samples from three of the surface water monitoring sites following up to 6 storm events. 4. All data collected in the field (e.g. groundwater level measurements, surface water flows) will be compiled in a database, along with analytical laboratory results for all water quality samples collected by Dudek. 5. Dudek is under contract with YVWD to be the acting Data Manager for the San Timoteo Creek, Yucaipa, and Beaumont Management Zones. This includes collecting, reviewing, providing QA/QC, and compiling all groundwater and surface water data from the three management zones. The benefit of using Dudek to conduct the field work is that all information will be easily assimilated into the annual reports prepared by Dudek. 6. Dudek is under contract with YVWD to prepare an annual Maximum Benefit Monitoring Program Report. The annual report is due to the Santa Ana Board every April 15 of the following year. SCOPE OF WORK Task 1. Kick -Off Meeting Dudek staff, Steven Stuart, Christian Hunter, and Keith Blackmon, will meet with City of Beaumont staff and other participants of the Maximum Benefits monitoring program, if DUDEI( 9219 2 May 2016 Mr. Amer Jakher Subject: Proposed Scope of Work and Fee to Provide Groundwater and Surface Water Monitoring Services in 2016 for the Maximum Benefits Monitoring Programs attending, to review the goals of the monitoring program and the data and information required under the 2015 Maximum Benefit Monitoring Report Work Plan and Basin Plan Amendment R8-2014-0005. Any access permits and other agreements may be reviewed and signed at the kick-off meeting. Dudek staff with City of Beaumont staff will conduct site inspections of all surface water monitoring sites and accessible groundwater monitoring wells to assess access, current conditions, and other factors that may attribute to collecting the required groundwater and surface water data. We anticipate this kick-off meeting to be completed in one day. Cost for Task 1 $4,815 Task 2. Semi -Annual Groundwater Level and Water Quality Monitoring Keith Blackmon and Christian Hunter of Dudek will be tasked with conducting all field work pertaining to the semi-annual groundwater monitoring events. The field work is tentatively scheduled for April/May and October/November of every year. The following is a list of tasks that will be completed by Dudek: • Manually measure depths -to -water (DTW) at thirty-three (33) wells designated for water level data collection in the 2015 Maximum Benefit Monitoring Report Work Plan. The water levels will be measured using a Solinst electric water level sounder provided by Dudek, if the well is accessible. The DTW will be measured at 0.01 -foot accuracy. The time and date of each DTW measurement, plus the conditions (e.g. static or dynamic) of the water level at each well, will be recorded in field forms. • Water level data will be downloaded from dedicated pressure transducers, if any, at wells where they are deployed. The water level data will be barometrically corrected and compiled with the manual water level measurements if the pressure transducers measure absolute pressure. • Water quality samples will be collected from twenty-five (25) wells designated for water quality data collection in the 2015 Maximum Benefit Monitoring Report Work Plan. Where necessary, all wells will be purged using a portable submersible pump and generator provided by Dudek or the City of Beaumont. If wells are actively pumping groundwater and a sample port is available, then samples will be collected while the well is operating. All sampling information will be recorded in field forms that meet the formatting and reporting requirements established in the 2015 Maximum Benefit Monitoring Report Work Plan. DUDEK 9219 3 May 2016 Mr. Amer Jakher Subject: Proposed Scope of Work and Fee to Provide Groundwater and Surface Water Monitoring Services in 2016 for the Maximum Benefits Monitoring Programs • Field parameters pH, temperature and electrical conductivity will be measured during the purging process to characterize the water quality and identify when the water produced from the well is representative of native groundwater. Dudek will use a multi -parameter device to measure the water quality parameters. Dudek staff will calibrate the device using calibration standards pro. The calibration of the multi -parameter device will be documented in calibration records prepared by Dudek staff prior to use in the field. • The DTW, field parameters, and volumes purged will be recorded in field sampling forms completed in the field at each well point. The field sampling forms will also include the name of the sampler, the date/time of measurement and sample collection, the estimated volume of water to purge 3 casing volumes, and the actual volume purged. The representative water quality samples will be collected after 3 casing volumes are purged or the field parameters monitoring during purging are stable within 10% of previous measurements. • Water quality samples will be collected in sampling containers provided by Clinical Laboratory of San Bernardino, Inc., which is a California certified analytical laboratory (ELAP Certificate No. 1088). All sample containers will be labeled with the data/time of sample collection, the well ID, identification of the preservative (if any) in the container, and the name of the sampler. A chain -of -custody form will be completed as each sample is collected and submitted with the samples to Clinical Laboratory of San Bernardino, Inc. The analytical laboratory will analyze each sample per Table 2-4 of the Draft 2015 Work Plan, which includes the following constituents: o Total Dissolved Solids o Specific conductance o Nitrate -Nitrogen or Nitrate as nitrogen o Nitrite -Nitrogen or Nitrite as nitrogen o Total Inorganic Nitrogen o pH o Total alkalinity (as CaCO3) o Carbonate and bicarbonate o Silica (as SiO2) o Total Hardness (includes Ca and Mg) o Chloride, fluoride, potassium, sodium, and sulfate. • All water quality samples will stored in an ice -chest with ice during the sampling event. The samples will be delivered to Clinical Laboratory of San Bernardino on ice. DUDEK 9219 4 May 2016 Mr. Amer Jakher Subject: Proposed Scope of Work and Fee to Provide Groundwater and Surface Water Monitoring Services in 2016 for the Maximum Benefits Monitoring Programs The fee for conducting the groundwater monitoring events also includes direct costs that include a per diem, hotel accommodations, and daily rates for the use of a vehicle and water level sounder. The per diem and hotel accommodation rates were based on the United States General Services Administration that defined these rates for San Bernardino County for Fiscal Year 2016 (visit gsa.gov website). This fee does not include costs for the analyses performed by Clinical Laboratory of San Bernardino. Dudek anticipates that the City of Beaumont will receive invoices directly from Clinical Laboratory for payment on all groundwater samples analyzed. Cost for Task 2 $46,266 Task 3. Bi -Weekly Surface Water Monitoring Christian Hunter of Dudek will conduct all field work pertaining to the bi-weekly surface water monitoring events. The 2015 Maximum Benefit Monitoring Report Work Plan also calls for a minimum of surface water sampling following 6 storm events. Bi -weekly surface water monitoring will include the following tasks: • Measure surface water flow using a current meter at the following surface water monitoring stations: CC -01, CC -02 and CC -03 on Cooper's Creek; TMC -01 and TMC -02 on tributary to Marshall Creek; STC -01 and STC -02 on San Timoteo Creek; and NC -02 on Noble Creek in the Beaumont and San Timoteo Management Zones. Surface water flow will be calculated using the Velocity -Area Method described in Discharge Measurements at Gaging Stations by the USGS (USGS, 2010). • The multi -parameter water quality device will be used in the field to measure temperature, pH, electrical conductivity, and dissolved oxygen of the surface water. These parameters will be recorded in a field sampling form completed for each station. • Water quality samples will be collected in sampling containers provided by Clinical Laboratory of San Bernardino, labeled with the data/time of sample collection, the surface water monitoring site ID, identification of the preservative (if any) in the container, and the name of the sampler. A chain -of -custody form will be completed as each sample is collected and submitted with the samples to the analytical laboratory. Each surface water sample will be analyzed for constituents listed in Table 3-1 of the 2015 Maximum Benefit Monitoring Report Work Plan, which includes the constituents required for groundwater plus ammonia as nitrogen. Silica will not be analyzed in the surface water samples. DUDEKC 9219 5 May 2016 Mr. Amer Jakher Subject: Proposed Scope of Work and Fee to Provide Groundwater and Surface Water Monitoring Services in 2016 for the Maximum Benefits Monitoring Programs • All water quality samples will stored in an ice -chest with ice during the sampling event. The samples will be delivered to Clinical Laboratory of San Bernardino, Inc. on ice. This fee does not include costs for the analyses performed by Clinical Laboratory of San Bernardino. Dudek anticipates that the City of Beaumont will receive invoices directly from Clinical Laboratory for payment on all surface water samples analyzed. The fee for conducting the surface water monitoring events also includes direct costs that include a per diem and a daily rate for the use of a vehicle. The per diem rate was based on the United States General Services Administration that defined these rates for San Bernardino County for Fiscal Year 2016 (visit gsa.gov website). Cost for Task 3 $29,461 Task 4. Project Management and QA/QC This task includes labor hours for the project manager, Steven Stuart, PE, to coordinate with City of Beaumont staff and other participants, to plan project logistics for field sampling, and provide QA/QC of all documented work and data collected in the field. This also includes labor hours to participate in conference calls and meetings with City of Beaumont. Cost for Task 4 $9,000 FEE SUMMARY The fee presented in this proposal will be charged on a time and materials basis in accordance with Dudek's 2016 Standard Schedule of Charges (see attached). Dudek will complete the tasks described above on a time -and -materials basis, not to exceed $89,542. The time and materials fee provided in this proposal represents an estimate of the anticipated level of effort required to complete the tasks described in the proposal. Should the actual effort required to complete the tasks be less than anticipated, the amount billed will be less than the total fee. Conversely, should the actual effort to complete the proposed tasks be greater than anticipated, additional fee authorizations will be requested. No work in excess of the proposed fee or outside of the proposed scope of work will be performed without written authorization from Yucaipa Valley Water District. TOTAL COST $89,542 Please call me at (760) 479-4128 if you have any questions or require further discussion. DUDEK 9219 6 May 2016 Mr. Amer Jakher Subject: Proposed Scope of Work and Fee to Provide Groundwater and Surface Water Monitoring Services in 2016 for the Maximum Benefits Monitoring Programs Sincerely, Steven Stuart, P.E. C7 764 Project Manager Att.: Table 1. Fee to Conduct Groundwater and Surface Water Monitoring Services in 2016 2016 Dudek Standard Schedule of Charges References: Turnispeed, D.P., and Sauer, V.B., 2010, Discharge measurements at gaging stations: U.S. Geological Survey Techniques and Methods book 3, chap. A8, 87 p. Wildermuth Environmental, Inc., 2014. Maximum Benefit Monitoring Report 2015 Work Plan Draft. Prepared for City of Beaumont, Yucaipa Valley Water District, San Gorgonio Pass Water Agency, Beaumont Cherry Valley Water District, City of Banning. September 30, 2014. Updated December 22, 2014. DUDEK 9219 7 May 2016 AUTHORIZATION TO PROCEED for Scope of Work for Services Provided for Groundwater and Surface Water Monitoring per Maximum Benefits Monitoring Programs in 2016 The proposed scope of work and fee presented herein is acceptable and Dudek is hereby authorized to proceed with the proposed scope of services. Authorized by: For: DUDEK (Signature) City of Beaumont Name (typed or printed) Date 9219 A-1 May 2016 69 69 FE} CD LLD iD tD a0 10 m 69 O M 0 O O O O 69 O 10 c1 N Kick-off Meeting + - + O) 69 tD N N 03 O O N 69 ID N O c1 0 CO co O O 0 69 O CO N -1751277 6 O co co 1) Direct costs include administation, reproduction of reports and transportation/lodging costs for site inspection and interviews. DUDEK 2016 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES Project Director $265.00/hr Principal Engineer III $235.00/hr Principal Engineer II $225.00/hr Principal Engineer I $215.00/hr Program Manager $205.00/hr Senior Project Manager $205.00/hr Project Manager $195.00/hr Senior Engineer III $195.00/hr Senior Engineer 11 $185.00/hr Senior Engineer ! $175.00/hr Project Engineer IV/Technician IV $165.001hr Project Engineer IIIfTechnician III $150.00/hr Project Engineer IlfTechnician 11 $135.00/hr Project Engineer I/Technician I $120.00/hr Project Coordinator $95.00/hr Engineering Assistant $85.00/hr ENVIRONMENTAL SERVICES Principal $240.00/hr Senior Project Manager/Specialist II $225.00/hr Senior Project Manager/Specialist I $215.00/hr Environmental Specialist/Planner VI $195.001hr Environmental Specialist/Planner V $175.00/hr Environmental Specialist/Planner IV $165.00/hr Environmental Specialist/Planner III $155.00/hr Environmental Specialist/Planner II $135.00/hr Environmental Specialist/Planner 1 $125.001hr Analyst III $115.001hr Analyst II $105.00/hr Analyst I $95.00/hr Planning Assistant 11 $85.00/hr Planning Assistant I $75.00/hr COASTAL PLANNING/POLICY SERVICES Senior Project Manager/Coastal Planner 11 $220,00/hr Senior Project Manager/Coastal Planner 1 $210.00/hr Environmental Specialist/Coastal Planner VI $200.00lhr Environmental Specialist/Coastal Planner V $180.00/hr Environmental Specialist/Coastal Planner IV $170.00/hr Environmental Specialist/Coastal Planner III $160.00/hr Environmental Specialist/Coastal Planner II $150.00/hr Environmental Specialist/Coastal Planner I $140.00/hr ARCHAEOLOGICAL SERVICES Senior Project Manager/Archaeologist II Senior Project Manager/Archaeologist I Environmenta Specialist/Archaeologist VI Environmenta Environmenta Environments Environmenta Environmenta Environmenta Environmenta Specialist/Archaeologist V Specialist/Archaeologist IV Specialist/Archaeologist III Specialist/Archaeologist II Specialist/Archaeologist I Specialist/Paleontologist III Specialist/Paleontologist II Environmenta Specialist/Paleontologist 1 Paleontological Technician III Paleontological Technician II Paleontological Technician I Archaeologist Technician 11 Archaeologist Technician 1 $215.00/hr $205.001hr $185.00/hr $165.00/hr $155.00/hr $145.00/hr $135.00/hr $125.00/hr $165.001hr $145.00/hr $125.00/hr $85.00/hr $75.00/hr $55.001hr $75.001hr $55.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal/Manager $195.00/hr Senior Construction Manager $180.00/hr Senior Project Manager $160.001hr Construction Manager $150.001hr Project Manager $140.00/hr Resident Engineer $140.00/hr Construction Engineer $135.00/hr On-site Owner's Representative $130.00/hr Construction Inspector 111 $125.00/hr Construction Inspector i l $115.00/hr Construction Inspector I $105.00/hr Prevailing Wage Inspector $135.00/hr DUDEK COMPLIANCE SERVICES Compliance Director $205.001hr Compliance Manager $145.00/hr Compliance Project Coordinator $105.001hr Compliance Monitor $95.001hr HYDROGEOLOGICAL SERVICES Principal $260.00/hr Principal HydrogeologistlEngineer $240.00/hr Sr. Hydrogeologist IV/Engineer IV $225.00/hr Sr. Hydrogeologist III/Engineer ill $210.00/hr Sr. Hydrogeologist II/Engineer II $195.00/hr Sr. Hydrogeologist I/Engineer I $180.00/hr Hydrogeologist VI/Engineer Vl $160.00/hr Hydrogeologist V/Engineer V $150.00/hr Hydrogeologist IV/Engineer IV $140,001hr Hydrogeologist III/Engineer III $130.00/hr Hydrogeologist II/Engineer II $120.00/hr Hydrogeologist I/Engineer I $110.00/hr Technician $100.00/hr DISTRICT MANAGEMENT & OPERATIONS District General Manager $185.00/hr District Engineer $175.00/hr Operations Manager $150.00/hr District Secretary/Accountant $100.00/hr Collections System Manager $100.00/hr Grade V Operator $100.00/hr Grade IV Operator $90.00/hr Grade III Operator $85.00/hr Grade II Operator $63.00/hr Grade I Operator $55.00/hr Operator in Training $40.00/hr Collection Maintenance Worker 11 $60.00/hr Collection Maintenance Worker I $45.001hr OFFICE SERVICES Technical/Drafting/CADD Services 3D Graphic Artist $155.00/hr Senior Designer $145.001hr Designer $135.00/hr Assistant Designer $130.00/hr GIS Programmer I $180.00/hr GIS Specialist IV $155.00/hr GIS Specialist III $145.001hr GIS Specialist II $135.00/hr GIS Specialist I $125.001hr CADD Operator III $125.001hr CADD Operator II $120.00/hr CADD Operator I $105.00/hr CADD Drafter $95.00/hr CADD Technician $85.00/hr SUPPORT SERVICES Technical Editor III $145.00/hr Technical Editor 11 $130.00/hr Technical Editor I $115.00/hr Publications Specialist III $105.00/hr Publications Specialist 11 $95.00/hr Publications Specialist I $85.001hr Clerical Administration II $85.00/hr Clerical Administration I $80.001hr Forensic Engineering - Court appearances, depositions, and interrogatories as expert witness will be billed at 2.00 times normal rates. Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. Travel Expenses - Mileage at current IRS allowable rates. Per diem where ovemight stay is involved Is charged at cost Invoices,Late Charges - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the Invoice. Client agrees to pay a monthly late charge equal to 1% per month of the outstanding balance until paid In full. Annual Increases - Unless identified otherwise, these standard rates will Increase 3% annually. Effective January 1, 2016 Agenda Item No. 11 Staff Report TO: Mayor and City Council Members FROM: Director of Public Works/City Engineer DATE: Apri118, 2017 SUBJECT: Award of Contract to Safe USA from Ontario, Ca. for the Traffic Striping Contract. Background and Analysis: In reviewing the condition of existing traffic striping throughout the City it has been determined that in order to improve safety, it is essential that much of the existing striping be reconditioned or replaced. The City of Highland has recently advertized and awarded a contract for the same type and scope of traffic striping work. Within certain conditions, the State of California provides that one City may "piggy -back" onto another City's contract provided that the project was appropriately advertized and awarded to the lowest responsible bidder. In consultation with the City of Highland and its selected contractor, the City of Beaumont was able to secure a bid for traffic striping utilizing the same unit prices. Staff has evaluated the submitted proposal from Safe USA for traffic striping and determined that the presented costs are both reasonable and competitive, thus saving the time and cost to prepare and open a new competitive bidding process. In addition to street striping the proposed Scope of Work will include new or reconditioning of street makings such as cross walks, stop bars, bicycle lanes and other painted legends. Some of the streets included with the proposed contract for new traffic striping include: 8th Street, 13th Street, Oak Valley Parkway, Maple, California, Pennsylvania, Cherry, Beaumont Ave. Chestnut, Euclid, Massachusetts, Michigan, Orange, Ring Ranch Road, Wellwood and Xenia. Striping of Oak Valley Parkway from Oak View Dr. to Pennsylvania from two lanes to four lanes. Depending upon further evaluation, street conditions and need, other streets and/or segments of streets may be added as time and budget allow. Fiscal Impact: This project will be funded from the Road Maintnance Account No. # 100-3250-7068-0000. Finance Director Review: Recommendation: 1. Award a contract to Safe USA for Traffic Striping and Pavement Marking in the amount of $75,000.00 City Manager Review: Attachments: A. Initial cost estimates for selected streets, City of Beaumont B. City of Highland award of contract for stripping and Bid schedule C. City of Beaumont Standard Contract Attachment "A" SafeUSA, Inc. :STRIPING & CRACK SEAL 1 Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91782 http:www.safeusa.com Lic.874085 1 Tel: 909 / 988-8437 Fax: 909 / 988-7647 Email: garyharms©safeusa.com C-32 DIR REGISTRATION NO.1000000311 Project Name: BEAUMONT STRIPING -13TH ST (ORANGE TO PENNSYLVANIA) Quote Date: 211512017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. ISA UNION CONTRACTOR 04-01-2014 ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Item Description Estimated Quantity Unit Unit Price Measure Total Item Price 1 Paint 4" Double Yellow (Detail 21) 140 MEM $ 0.20 $ 28.00 2 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 2,025 LF $ 0.10 $ 202.50 3 Paint 4" Centerline Dashed white (Detail 8 or 11) LF $ 0.10 4 Paint 4" solid yellow with dashed yellow (Det 18) LF $ 0.20 5 Paint 8" Solid White channelizing line (Det 38A) LF LF $ 0.20 $ 0.60 8 Paint 4" solid yellow with dashedyellow (Det 31) 7 Paint Tum Arrow per MUTCD Fig 3B-21 (CA) 6 EA EA $ 25.00 $ 20.00 $ 120.00 8 Paint Stop Bars per MUTCD Fig 3B-103 (CA) 9 Paint STOP Legend per MUTCD Fig 3B-20 (CA) 6 Fro EA $ 40.00$ $ 75.00 240.00 .1 l 10 Paint School Legends per MUTCD 3B-20 (CA) 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) LF LF $ 1.00 $ 0.16 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) 13 Paint Bicycle Stencil per MUTCD 3B-20 (CA) EA $ 30.00 14 Paint ONLY Markingper MUTCD 38-20 EA $ 40.00 15 Paint PED XING Marking per MUTCD 3B-20 (CA) EA $ 50.00 -1 16 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) EA $ 100.00 17 Paint STOP AHEAD per MUTCD 3B-20 CA EA $ 100.00 18 'Install Reflective Pavement Markers EA $ 2.50 19 Install raised ceramic Bots Dots EA $ 1.00 _ 20 Red Curb Painting without stencil $ 1.00 --I 21 CVC Code Ref. on Red Curb _LF EA $ 15.00 22 Thermoplastic Lines LF $ 2.00 23 Thermoplastic Markings SF $ 4.00 l * _ _ Paint 12" 'YeilowX-walk over exerting worn therm $ 1.00 Paint SLOW SCHOOL XING on exist worn thermo $ 75.00 JTOTAL ESTIMATE $ 590.50 I ,1iscrumu„... m=w-li .-clr SafeUSA, Inc. STRIPING & CRACK SEAL 1 Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa. com Lic.874085 $ Tel: 909/988-8437 Fax: 9091988-7647 Email: garyharms©safeusa.com C-32 DIR REGISTRATION NO. 1000000311 Project Name: BEAUMONT STRIPING - 13TH ST (ORANGE TO PENNSYLVANIA) Quote Date: 2/15/2017 Project No: From: SafeUSa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. ISA UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Item 5 Paint 8" Solid White channelizing line (Det 38AA Paint 4" solid yellow with dashed yellowfDet 31) 7 Paint Turn Arrow per MUTCD Fig 3B-21 (CA) 8 'Paint Stop Bars per MUTCD Fig 38-103 (CA) 9 !Paint STOP Legend per MUTCD FIg 38-20 (CA) 10 !Paint School Legends per MUTCD 36-20 (CA) 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) 13 !Paint Bicycle Stencil per MUTCD 3B-20 (CA) 14 -Paint ONLY Marking per MUTCD 38-20 15 IPaint PED XING Marking per MUTCD 36-20 (CA) 16 Paint SIGNAL AHEAD per MUTCD 36-20 (CA) 17 Paint STOP AHEAD per MUTCD 36-20 (CA) 18 ' Install Reflective Pavement Markers 19 Install raised ceramic Bots Dots Description Paint 4" Double Yellow Detail 21) Paint 4" Centerline Dashed Yellow (Detail 1 or 5) Paint 4" Centerline Dashed white (Detail 8 or 11) Paint 4" solid yellow with dashed yellow (Det 18) Estimated I Unit Quantity Measure 140 LE 2,025 LF LF LF LF LE EA EA EA LF LF EA EA Total Unit Price item price $ 0.20)$ 28.00 $ 0.10 , $ 202.50 $ 0.10 I _ - $ 0.20 f_ $ 0.20 $ 0.60 $ 25.001 $ 20.00 : $ 120.00 $ 40.00 240,001 $ 75,00 I �1 $ 1 00 ]_. _._— .,.__. f $ 0.16T 1 $ 30.00 1 $ 40.00 ! EA $ 50.00 EA $ 100.00 EA 1—$ 100.00 EA 20 Red Curb Painting without stencil 21 CVC Code Ref. on Red Curb Thermoplastic Lines Thermoplastic Markings EA LF LF SF Paint 121 YeilowX-walk over existing worn therm Paint SLOW SCHOOL XING on exist worn thereto $ 2.501 ------ $ 1.00: $ 1.00 1 $ 15.00 ,--_i $ 2.00 -' - $ 4.00 I_i 1.00 I 75.00 I Notes and Remarks 2177 IITOTAL ESTIMATE $ 590.501 SafeUSA, Inc.�m.. STRIPING & CRACK SEAL 1 Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa.com Lic.874085 Tel: 909 / 988-8437 Fax: 909 / 988-7647 Email: garyharms@safeusa.com C-32 DR REGISTRATION NO. 1000000311 Project Name: BEAUMONT STRIPING - MAPLE (1ST TO 475' N/O 1ST) Quote Date: 211512017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. ISA UNION CONTRACTOR 0441-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Item 1 2 Description Paint 4" Double Yellow (Detail 21) Paint 4" Centerline Dashed Yellow (Detail 1 or 5) Estimated Quantity Measure Unit Price LF $ 0.20 Unit Total Item Price 475 LF 3 Paint 4" Centerline Dashed white (Detail 8 or 11) t LF$ $ 0.10 4 Paint 4" solid yellow with dashed yellow (Det 18) LF $ 0.20 5 Paint 8" Solid White channelizina ne (Det 38A) 1 LF 6 Paint 4" solid yellow with dashed yellow (Det 31) LF $ 0.10 7 Paint Tum Arrow per MUTCD Fig 3B-21 (CA) 8 Paint Sto Bars per MUTCD Fig 3B-103 (CA) 9 Paint STOP Legend per MUTCD Fig 3B-20 (CA) 10 Paint School Legends per MUTCD 3B-20 (CA) 11 1Paint 12" White X -walk per MUTCD 3B-16 (CA) 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) 13 Paint Bicycle Stencil per MUTCD 3B-20(CAL 14 Paint ONLY Marking per MUTCD 3B-20 15 Paint PED XING Marking per MUTCD 3B-20 (CA) 16 Paint SIGNAL AHEAD per MUTCD 38-20 (CA) 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) 18 Jlnstall Reflective Pavement Markers 19 !Install raised ceramic Bots Dots 20 1 Red Curb Painting without stencil 21 `CVC Code Ref. on Red Curb EA $ 0.20 $ 47.60 22 23 Thermoplastic Lines Thermoplastic Markings 1 EA 1 EA EA LF LF EA EA 0.60 25.00 _ 20.00 20.00 + 40.00 40.00 I 75.00 1.00 0.16 30.00 40.00 T 50.00 Paint '124 YellawX alk over existing worn thereto ' Paint SLOW SCHOOL XING on exist worn their Notes and Remarks 477 !TOTAL ESTIMATE $ 107.50 I SafeUSA, Inc. L STRIPING & CRACK SEAL / Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 LIc.874085 Tel: 9091988-8437 Fax: 909 / 988-7647 C42 Project Name: BEAUMONT STRIPING - N. California (6th -11th) Quote Date: 2115/2017 Project No: From: SafeUSa http:www.safeusa.corn Email: garyharms@safeusa.com DIR REGISTRATION NO. 1000000311 To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. IS A UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Item 1 Paint 4" Double Yellow (Detail 21) 2 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 3 Paint 4" Centerline Dashed white (Detail 8 or 11) 4 Paint 4" solid yellow with dashed yellow (Det 181_ Paint 8" Solid White channelizing line (Det 38A) 90 Paint 4" solid yellow with dashed yellow (Det 31) Paint Tum Arrow per MUTCD Fig 3B-21 (CA) 2 Paint Sto s Bars per MUTCD Fig 3B-103 (CA) 2 Paint STOP Legend per MUTCD Fig 3B-20 (CA) Paint School Legends per MUTCD 3B-20 (CA) 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) 13 Paint Bicycle Stencil per MUTCD 3B-20 (CA) 14 Paint ONLY Marking per MUTCD 3B-20 15 Paint PED XING Marking per MUTCD 3B-20 (CA) 16 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) 18 Install Reflective Pavement Markers 19 Install raised ceramic Bots Dots 20 Red Curb Paintinwithout stencil 21 TVC Code Ref. on Red Curb 22 Thermoplastic Lines 23 Thermoplastic Markings Description Estimated Quantity 250 , LF I Unit Measure 1 Unit Price Total ( item Price $ 0.20 i $ 30.00_ $ 0.10 $ 213.00 $ 0.10 LF $ 0.20 2,130 J LF LF Paint 12" YeilowX-walk over existing wom thermo Paint SLOW SCHOOL XING on wom thermo LF $ 0.20$ 18.00 LF $ 0.60 I EA $ 25.00 $ 50.00] EA _$ 20.00 $ _40.00 EA $ 40.00$ 120.001 EA $ 75.00 1.00$ 176.00 LE $ 0.16 I 176 LF $ EA $ 30.00 40.00 �'� EA $ $ 50.001 EA $ EA EA LF EA LF SF 100.00 $ 100.00 EA $ 100.00 --� 2.50 1.0(11 1.00' 15.00 2.00 LF $ 4.00 f -_ 1.00 EA 75.00 { J Notes and Remarks 2654 TOTAL ESTIMATE $ 767.00 J SafeUSA, �17C. STRIPING & CRACK SEAL 1 Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa.com Lic.874085 Tel: 9091988-8437 Fax: 909 / 988-7647 Email: garyharmsesafeusa.com C-32 DIR REGISTRATION NO, 1000000311 Project Name: BEAUMONT STRIPING - 8TH (XENIA - WELLWOOD) Quote Date: 2/15/2017 Project No: From: Safe U sa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. IS A UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Estimated Unit Item Description Quantity Measure 1 Paint 4" Double Yellow (Detail 21) i 735 LF 7,200 LF 2 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 3 Paint 4" Centerline Dashed white (Detail 8 or 11) Paint 4" solid yellow with dashed yellow (Det 18) Paint 8" Solid White channel'rzing line (Det 38A) 145 6 Paint 4" solid yellow with dashed yellow (Det 31) 7 Paint Tura Arrow per MUTCD Fig 3B-21 (CA) 1 2 8 Paint Stop Bars per MUTCD Fig 3B-103 (CA) 6 9 Paint STOP Legend per MUTCD Fig 3B-20 (CA) 20 10 Paint School Legends per MUTCD 3B-20 (CA) 3 11 Paint 12" White X -walk per MUTCD 313-16 (CA) 420 !Paint 6" White Bicycle Ln Stripe (Detail 39/39A) 700 Paint Bicycle Stencil per MUTCD 38-20 (CA) 2 Paint ONLY Marking per MUTCD 3B-20 Paint PED XING Marking per MUTCD 3B-20 (CA) 16 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) Paint STOP AHEAD per MUTCD 3B-20 (CA) 3 18 Install Reflective Pavement Markers 19 Install raised ceramic Bots Dots 20 Red Curb Painting without stencil 21 CVC Code Ref on Red Curb 22 Thermoplastic Lines 23 Thermoplastic Markings 4 5 LF Unit Price Total item Price1 $ 0.20 $ 147.00 $ 0.10 $ 720,00 LF LF $ 0.20 1 $ 0,20 LF 12 13 17 0.60 1 $ 25.001$ 50;01- EA $ 20.00 ` $ 120.0-01 EA $ 40.00 I $ 800.00 EA $ 75.00 i $ 225.00 LF $ 1.00 I $ 420.00 • LF ;$ 0.16r$_ 112.00 EA $ 30.001$ - 60.00 EAI$ 40.00 EA EA $ 100.00 : - $ 100.00 $ 300A0 $ 2.50 -1 50.00t EA LF EA LF 1.00 1.00 $ 15.00 2.00 4.00 $ 1.00 $ 2,759.001 $ 75.00 I SF Paint 12" YelkavrX-walk over exisbn wore theme Paint SLOW SCHOOL. XIN+tG an exist worn therrno ADD ADD Paint 4" Solid white edgeline Detail 27 Speed Limit Legend 2759 LF EA 280 LF 2 Notes and Remarks 12277 ;TOTAL ESTIMATE $ 6,862.40 1 0.18 $ 5040 35.00 1 $ 70.00- SafeUSA, Inc" 1 STRIPING & CRACK SEAL / Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa.Com Lic.874085 Tel: 909 / 988-8437 Fax: 9091988-7647 Email: garyharms@safeusa.com C-32 DIR REGISTRATION NO. 1000000311 Project Name: BEAUMONT STRIPING - 9TH (PENNSYLVANIA - MAPLE and ORANGE - ELM) Quote Date: 2/15/2017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. ISA UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE, Item 1 2 Estimated Unit Description Quantity Measure Paint 4" Double Yellow (Detail 21) 300 LF 1 $ Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 3,996 LF 1 $ LF r$ LF $ Paint 4" Centerline Dashed white (Detail 8 or 11) Paint 4" solid yellow with dashed yellow (Det 18) Paint 8" Solid White channelizing line (Det 38A) Paint 4" solid yellow with dashed yellow (Det 31) 7 Paint Tum Arrow per MUTCD Fig 3B-21(CA) 8 Paint Stop Bars per MUTCD Fig 38-103 (CA)� 9 Paint STOP Le s end per MUTCD Fig 3B-20 (CA) 10 Paint School Legends_per MUTCD 3B-20 (CA) 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) 202 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) 13 Paint Bi cle Stencil per MUTCD 38-20 (CA) 14 Paint ONLY Marking per MUTCD 3B-20 15 Paint PED XING Marking per MUTCD 3B-20 (CA) 16 Paint SIGNAL AHEAD per MUTCD 38-20 (CA) 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) 18 Install Reflective Pavement Markers 19 Install raised ceramic Bots Dots Unit Price Total Item Price 0.20 $ 60.00 0.10 $ 399.60 0.10 0.20 LF 0.20 . —! LF $ 0.50 $ 25.00 20 EA 22 EA 20 21 Red Curb Painting without stencil CVC Code Ref. on Red Curb 22 23 EA LF LF EA $ 20.00 $ 400.00 $ 40.00 1 $ 880.00 $ 75.00 $ 1.00 j $ 202.00 $ 0.16 ' $ 30.00T $ 40.00 $ 50.00 1 EA EA Thermoplastic Lines Thermoplastic Markings LF $ 100.00 $ 100.00 • $ 2.50 $ 1.00 EA 15.00 LF $ 2.00 SF Paint 12" YeilowXwalk over existing worn therm 'Paint SLOW SCHOOL XING on exist worry therrno 4.00 1.00 R $ 75.00 Notes and Remarks 4540 'TOTAL ESTIMATE $ 1,941.80 I SafeUSA, Inc. BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 Lic.874085 1 Tel: 909 / 988-8437 Fax: 9091988-7647 C-32 Project Name: BEAUMONT STRIPING - 10TH (ELM - CHERRY) STRIPING & CRACK SEAL / Paint & Thermoplastic Quote Date: 2/1512017 Project No: From: SafeUsa http:www. safeusa. corn Email: garyharms©safeusa.com DIR REGISTRATION NO. 1000000311 To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BlD. NOTE ( SAFE USA, INC. ISA UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Item 1 Description Paint 4" Double Yellow (Detail 21) 2 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) Paint 4" Centerline Dashed white (Detail 8 or 11) Paint 4" solid yellow with dashed yellow (Det 18) Paint 8" Solid White channelizing line (Det 38A) _ Paint 4" solid yellow with dashed yellow (Det 31) 1 LF ._— 7 Paint Tum Arrow per MUTCD Fiy_3B-21 (CA) EA 8 _ Paint Stop Bars per MUTCD Fig 38-103 (CAL 9 Paint STOP Legend per MUTCD Fig 3B-20 (CA) Paint School Legends per MUTCD 3B-20 (CA) EA Paint 12" White X -walk per MUTCD 3B-16 (CA) 90 LF 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) LF $ 13 Paint Bicycle Stencil per MUTCD 3B-20 (CA) EA $ 14 Paint ONLY Marking per MUTCD 3B-20 EA $ 15 Paint PED XING Marking per MUTCD 3B-20 (CA) EA $ 16 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) $ 17 Paint STOP AHEAD per MUTCD 38-20 (CA) 18 EstimatedUnit Total Quantity I Measure Unit Price Item Price 150 1 LF $ 0.20 i $ 30.001 4,950 LF $ 0.10 I $ 495.00j LF $ 010 I LF $ 0.201 —1 $ 0.20 t LF 10 24 EA 25 EA 11 0.00 1 _ _ _ J $ 25.00 $ 20.00 $ 480.00 $ 40.00 $ 1,000.00 $ 75.00 j — _ $ 1.00 i $ 90.00 0.1 19 20 21 Install Reflective Pavement Markers Install raised ceramic Bots Dots Red Curb Painting without stencil CVC Code Ref. on Red Curb EA EA 30.00 40.00 50.00 100.00 $ 100.00 EA $ EA $ LF $ 22 23 Thermoplastic Lines Thermoplastic Markings EA _ $ LF $ SF $ 2.50 1.00 ' J 1.00 1 15.001- 2.00 Paint -12" YellowX-walk over existing word therm° Palm SLOW SCHOOL: XING on exist worm gismo 4.00 1.00 75.00 Notes and Remarks 5239 1TJTAL ESTIMATE $ 2,095.00 SafeUSA, Inc. �T4 STRIPING & CRACK SEAL 1 Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario CA 91762 h � ttp:WWW$8f@USa.COrr} Lic.874085 1 Tel: 9091988-8437 Fax: 9091988-7647 Email: garyharms@safeusa.com C-32 DIR Project Name: BEAUMONT STRIPING - 11TH (BEAUMONT AVE - CHERRY) REGISTRATION NO. 1000000311 Quote Date: 2/15/2017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. IS A UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. I Estimated 1 Unit Item Description Unit Price Total 1 Paint 4" Double Yellow (Detail 21) Quantity Measure item Price _ _ 30AO 2 ! LF $ 0.20 $ Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 3,160 LF $ 0.10 $ 316.00 3Paint 4" Centerline Dashed white (Detail 8 or 11 ti LF _ $ 0.10 4 Paint 4" solid yellow with dashed yellow pet 18) _ _LF $ 0.20 _ 5 _7Paint 8" Solid White channelizing line (Det 38A) LF $ 0.20 `— —1 6 Paint 4" solid yellow with dashedyellow (Det 31) LF $ 0.60 7 Paint Tum Arrow per MUTCD Fig 3B-21 (CA) �I EA $ 25.00 — 1 � 8 'Paint Stogy, Bars per MUTCD F3B-103 (CA) 8 EA — 1 9 Paint STOA L end $ 20.00 $ 760,_00 eg per MUTCD Fig 36-20 (CA) 10 EA $ 40.00 $_ —_400.00 10 Paint School Legends per MUTCD 3B-20(CA) !— Eq $ 75.00 11 Paint 12"White X -walk per MUTCD 3B-16 (CA) _ 88 LF I $ 1.00 I $ 88.0! 12 Paint 6" White Bicycle Ln Stripe (Detail 39139A) LF $ 0.16 I 13 Paint Bicycle Stencil per MUTCD 3B-20 (CA) Paint ONLY Marking per MUTCD 3B-20 ff EA $ $ 30.00 I�_ Paint PED XING MarkingI I --EA 40.00 per MUTCD 3B-20 (CA) EA $ 50.00 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) _ EA $ 100.00 Paint STOP AHEAD per MUTCD 3B-20 (CA) EA $ 100.00 Install Reflective Pavement Markers EA $ Install raised ceramic Bots Dots EA 20 Red Curb Painting,without stencil 21 ICVC Code Ref. on Red Curb 22 Thermoplastic Lines 23 Thermoplastic Markings Paint 1? Yello R -an ilk over existing worn thereto Paint SLOW SCHOOL XING on exist worn therm i 14 15 16 17 18 19 2.50 1 00 $ 1.00 1 $ 2.00 $4.00--- - - -- —.— Notes and Remarks 3416 TOTAL ESTIMATE 994.00 I SafeUSA, Inc.' STRIPING & CRACK SEAL ! Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa.COm Lio.874085 f Tel: 909 / 988-8437 Fax: 9091988-7647 Email: garyharms©safeusa.com C-32 DR REGISTRATION NO.1000000311 Project Name: BEAUMONT STRIPING - CHESTNUT (6TH - 13TH) Quote Date: 3/15/2017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. IS A UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Estimated Unit Item _ Description Quantity Measure 1 I Paint 4" Double Yellow (Detail 21) LF 2 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 5,020 LF 3 Paint 4" Centerline Dashed white (Detail 8 or 11) LF 4 Paint 4" solid yellow with dashed yellow (Det 18) LF 5 Paint 8" Solid White channelizing line (Det 38A) 1 LF 6 1 Paint 4" solid yellow with dashed fellow (Det 31) LF 7 f Paint Tum Arrow per MUTCD Fig 38-21 (CA) EA 8 !Paint Stop Bars per MUTCD Fig 3B-1.03 (CA) 7 9 j Paint STOP Legend per MUTCD Fig 38-20 (CA) 8 10 i Paint School Legends per MUTCD 313-20 (CA) 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) 13 Paint Bicycle Stencil per MUTCD 3B-20 A) 14 iPaint ONLY Marking per MUTCD 38-20 15 Paint PED XING Marking per MUTCD 3B-20 (CA) Paint SIGNAL AHEAD per MUTCD 38-20 (CA) 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) 18 Install Reflective Pavement Markers 19 Install raised ceramic Bots Dots Red Curb Painting without stencil CVC Code Ref. on Red Curb Thermoplastic Lines Thermoplastic Markings Unit Price 0.20 — $ $ 0.10 0.10 0.20 Total Item Price $ 502.00 $ 0.20 $ 0.60 - 25.00 J EA $ 20.00 $ 14000 EA $ 40.00. $ 320.00 EA $ 75.00 — — 80 LF 1.00 16 w LF 0.16 EA EA $ 30.00 $ 40.00 $ 80.00J{ EA $ 50.00 EA $ 100.00 EA $ 100.00 EA EA $ 2.50 20 21 22 23 1.00 LF $ 1.00 EA $ 15.00 LF Paint 12" YeI rh.- ralk over existing wort therm Paint St OW SCHOOL XING on exist won thermc SF $ 2.00 $ 4.00 1 $ 1.00 $ 75.00 1 Notes and Remarks 5115 !TOTAL ESTIMATE $ 1,042.00 I SafeUSA, Inc. STRIPING & CRACK SEAL / Paint & Thermoplastic BIC 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa.com LIc.874086 r Tel: 9091988-8437 Fax 9091988-7647 Email: garyharms@safeusa.com C-32 DIR REGISTRATION NO.1000000311 Project Name: BEAUMONT STRIPING - EUCLID (6TH - 11TH) Quote Date: 3/1512017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. ISA UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Estimated ; Unit item Description Quantity ;Measure Unit Price I- Total item Price 1 Paint 4" Double Yellow (Detail 21) LF 1 $ 0.20 2 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 2,530 LF f $ 0.10 $ 263.00 3 Paint 4" Centerline Dashed white (Detail 8 or 11) LF $ 0.10 4 Paint 4" solid yellow with dashed/00w (Det 18) LF $ 0.20 5 Paint 8" Solid White channelizing line (Det 38A) IF $ 0.20 6 Paint 4" solid yellow with dashed yellow (Det 31) 7 - Paint Tum Arrow per MUTCD Fig 3B-21 (CA) 8 I Paint Stop Bars per MUTCD Fig 3B-103 (CA) 8 9 Paint STOP Legend per MUTCD Fig 3B-20 (CA) 8 10 'Paint School Legends per MUTCD 3B-20 (CA) EA 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) LF 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) LF $ 0.16 13 Paint Bicycle Stencil per MUTCD 38-20 (CA) EA--$ 30.00 14 Paint ONLY Marking per MUTCD 3B-20 EA $ 40.00 15 Paint PED XING Marking per MUTCD 3B-20 (CA) EA $ 50.00 16 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) EA 17 Paint STOP AHEAD per MUTCD 38-20 (CA) 1 EA Install Reflective Pavement Markers EA Install raised ceramic Bots Dots EA $ 1.00 Red Curb Painting without stencil LF $ 1.00 CVC Code Ref. on Red Curb EA $ 15.00 H LF $ 0,60 —1 EAI $ 25.00 EA $ 20.00 $ 160.00 EA I$ 40.00 $ 320.00 $ 75.00 $ 1.00 18 19 20 21 22 $ 100.00 - $ 100.00 $ 100.00 $ 2.50 `f Thermoplastic Lines 23 Thermoplastic Markings LF $ 2.00 SF $ 4.00 Paint 12 YellowX lk over existing wom Irmo -Paint SLOW SCHOOt.. XING on exist worn Itlermo $ 1.00 $ 75.00 Notes and Remarks 8 2555 !TOTAL ESTIMATE $ 833.00' SafeUSA, Inc. STRIPING & CRACK SEAL / Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 hftp:www.safeusa.com Lic.874085 Tel: 9091988-8437 Fax: 909 / 988-7647 Email: garyharms@safeusa.com C-32 DR REGISTRATION NO. 1000000311 Project Name: BEAUMONT STRIPING - MAPLE (8TH -11TH) Quote Date: 3/15/2017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. ISA UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Item Description 1 Paint 4" Double Yellow (Detail 21) 2 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 3 Paint 4" Centerline Dashed white (Detail 8 or 11) Paint 4" solid yellow with dashed yellow (Det 18) 5 Paint 8" Solid White channelizing line (Det 38A) 6 1 Paint 4" solid yellow with dashed�relIow (Det 31) 7 Paint Tum Arrow per MUTCD Fig 38-21 (CA) 8 Paint Stop Bars per MUTCD Fig 3B-103 (CA) 9 !Paint STOP Legend per MUTCD Fig 3B-20 (CA) 10 Paint School Legends per MUTCD 3B-20 (CA) 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) 12 Paint 8" White Bicycle Ln Stripe (Detail 39139A) 13 [paint Bicycle Stencil per MUTCD 313-20 (CA) 14 Paint ONLY Marking per MUTCD 3B-20 Estimated Unit Unit Price Total Quantity Measure j item Price LF $ 0.20 i 1,500 LF $ 0.10 , $ 150.00 LF $ 0.10 LF $ 0.20 LF $ 0.20 LF $ 0.60 EA $ 25.00 EA EA LF $ 20.00 $ 70©.00 $ 40.00 J $ 240.00 $ 75.00 1 --- _ $ 1.00 LF $ 0.16 1 EA $ 30.00 EA $ 40.00 15 Paint PED XING Marking per MUTCD 3B-20 (CA) EA $ 50.00 16 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) EA $ 100.00 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) EA $ 100.00 18 Install Reflective Pavement Markers EA $ 2.50 19 Install raised ceramic Bots Dots EA $ 1.00 20 Red Curb Painting without stencil LF $ 1.00 _ ---4 21 CVC Code Ref. on Red Curb 1 1 22 23 Thermoplastic Lines EA $ 15.00 ------ Thermoplastic Markings Paint 1r YellowX-walk over existinsi moron- therm° • 450 Painr. SLOW SCHOOL XING on exist worm they ADD Paint 4" Parking stall stripe/hatch (various colors)___ ADD Accessible stall HC stencil IF SF 2.00 4.00 LF $ 1.00 $ $ 75.00 1173 2 LF $ EA 3 Notes and Remarks 3136 ;TOTAL ESTIMATE $ 1,500,55 t 0.35 $ 75.00 $ 150.001 1 450.00H 410,55 SafeUSA, Inc. STRIPING & CRACK SEAL / Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa.com LIc.874085 J Tel: 9091988-8437 Fax: 909 / 988-7647 Email: garyharms@safeusa.com C-32 DIR REGISTRATION NO. 1000000311 Project Name: BEAUMONT STRIPING - MASSACHUSETTS (6TH -11TH) Quote Date: 3115/2017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR 81D. NOTE ( SAFE USA, INC. IS A UNION CONTRACTOR 04-01.2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. item I Description 1 1Paint 4" Double Yellow (Detail 21) 2 _ Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 3 Paint 4" Centerline Dashed white (Detail 8 or 11) 4 Paint 4" solid yellow with dashed yellow (Det 18) 5 Paint 8" Solid White channelizing line (Det 38A) 6 Paint 4" solid yellow with dashedlellow (Det 31) 7 Paint Tum Arrow per MUTCD Fig 3B-21 (CA) _8 Paint Stop Bars per MUTCD Fig 3B-103 (CA) - 9 Paint STOP Legend per MUTCD Fig 38-20 (CA) 10 Paint School Legends per MUTCD 313-20 (CA) 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) 12 Paint 6" White Bicycle Ln Stnpe (Detail 39139A) 13 Paint Bicycle Stencil per MUTCD 3B-20 (CA) 14 Paint ONLY Marking per MUTCD 3B-20 15 Paint PED XING Marking per MUTCD 3B-20 (CA) 16 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) 18 Install Reflective Pavement Markers l- 19 Install raised ceramic Bots Dots 20 _Red Curb Painting without stencil 21 CVC Code Ref. on Red Curb -� 22 Thermoplastic Lines 23 Thermoplastic Markings Estimated Unit Quantity Measure LF 2,550 LF Unit Price Total Item Price _� 0.20 LF LF $ LF $ LF EA 0.10 $ 255.00 0.10 -1 0.20 ---� 0.20 $ 0.60 �_._ $ 25.00 EA $ 20.00 $ 40.00_1 40.00 , $ 120.00 EA $ 75.00 LF $ 1.00 $ 102.00-1 3 EA $ 102 LF $ EA I$ EA $ EA $ EA $ 0.16 30.00 -.._ � 40.00 EA $ EA 50.00 100.00 100.00 $ 2.50 EA LF EA $ 15.00 -- LF $ 2.00 1.00 1.00 ; Paint 12" YellowXlk over existing worn iflermo Paint SLOW .SCHOOL XING on exist worn therm SF $ 4.00 $ 1.00 $ 75.00 Notes and Remarks 2657 'TOTAL ESTIMATE $ 517.00 I SafeUSa, Inc. STRIPING & CRACK SEAL 1 Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa.cam Uc.874085 Tel: 9091988-8437 Fax: 9091988-7647 Email: garyharms@safeusa.com C-32 DIR REGISTRATION NO.1000000311 Project Name: BEAUMONT STRIPING - MICHIGAN (6TH -OAK VALLEY) Quote Date: 3115/2017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. ISA UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Item Description 1 Paint 4" Double Yellow (Detail 21) 2 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 3 Paint 4" Centerline Dashed white (Detail 8 or 11) 4 Paint 4" solid_yeltow with dashed yellow (Det 18) 5 Paint 8" Solid White channelizing line (Det 38A) 6 'Paint 4" solid yellow with dashed yellow (Det 31) 7 'Paint Tum Arrow per MUTCD Fig 3B-21 (CA) 8 ipaint Stop Bars per MUTCD Fig 3B-103 (CA) 9 Paint STOP Legend per MUTCD Fig 36-20 (CA) 10 Paint School Legends per MUTCD 36-20 (CA) 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) 13 Paint Bicycle Stencil per MUTCD 36-20 (CA) Paint ONLY Marking per MUTCD 38-20 Paint PED XING Marking per MUTCD 3B-20 (CA) Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) Paint STOP AHEADjer MUTCD 36-20 (CA) Install Reflective Pavement Markers 19 Install raised ceramic Bots Dots 15 16 17 I 18 20 Estimated ' Unit Quantity Measure LF 6,397 LF Unit Price Total Item Price LF LF LF $ 0201 $ 0.10 1-$ 639.70 $ 0.10 $ 0.20 $ 0.20 8 98 21 Red Curb Paints without stencil CVC Code Ref. on Red Curb 22 Thermoplastic Lines 23 Thermoplastic Markings LF $ 0.60 $ 25.00 EA $ 20.00 $ 140.00 EA $ 40.00j_$ 320.01- $ 75,00 1 $ 1.00 $ 98.00 LF $ 0.16 EA $ 30.00 ' EA $ 40.00 I EA $ 50.00 ' EA $ 100.00 EA $ 100.00 EA $ 2.50 I EA '$ 1.00 J LF $ 1.00 I EA $ 15.00 I —1 LF $ EA EA LF Paint YetlowX-walk over existing worn therm€ Paint SLOW SCHOOL .XING an exist worn therm 2.00 SF $ 4.00 i $ 1.00 -4 $ 75.00 �J Notes and Remarks 6510 ,TOTAL ESTIMATE $ 1,197.70 1 �rr._nrscara��rr�y,=:arm- ,� SafeUSA,Inc. STRIPING & CRACK SEAL ! Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa.cam Lic.874085 Tel: 9091988-8437 Fax: 9091988-7647 Email: garyharms©safeusa.com C-32 DIR REGISTRATION NO.1000000311 Project Name: BEAUMONT STRIPING - ORANGE AVE (12TH - OAK VALLEY) Quote Date: 3/15/2017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. IS A UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Estimated Unit Total 1 Item Desch ion Unit Price € Quantity Measure Item Price 1 Paint 4" Double Yellow (Detail 21 } LFI$ 0.20 2 ; Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 1 2,218 LF $ .10 I $ 221.80 3 Paint 4" Centerline Dashed white (Detail 8 or 11) LF $ 0.10 4 Paint 4" solid yellow with dashed yellow (Det 18) LF $ 0.20 5 Paint 8" Solid White channeiizing line (Det 38A) LF $ 0.20t 6 Paint 4" solid yellow with dashed yellow (Det 31) LF $ 0.60 7 Paint Turn Arrow_per MUTCD F g 3B-21 (CA) EA $ 25.00 8 Paint Stop Bars per MUTCD Fig 3B-103ICA) 3 EA $ 20.00 $ 60.00 9 Paint STOP Legend per MUTCD Fig 38-20 (CAI 3 EA $ 40.00 10 Paint School Legends per MUTCD 38-20 (CA) EA $ 75.00 11 Paint 12" White X -wails per MUTCD 3B-16 (CA) LF $ 1.00 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) LE $ 0.16 13 Paint Bicycle Stencil per MUTCD 3B-20 (CA) EA $ 30.00 14 Paint ONLY Marking per MUTCD 3B-20 EA $ 40.00 15 Paint PED XING Marking per MUTCD 3B-20 (CA) EA $ 50.07 1 16 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) EA $ 100.00 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) EA $ 100.00 18 Install Reflective Pavement Markers EA $ 2.50 19 Install raised ceramic Bots Dots EA $ 1.00 1 20 Red Curb Painting without stencil LF $ 1.00 j 21 CVC Code Ref. on Red Curb EA E 120 22 Thermoplastic Lines 23 Thermoplastic Markings 'Paint 12" YeflowX-walk over existing worn therm" [Paint SLOW SCHOOL XING on east worn thermo LF SF $ 15.00 $ _ 2.00 4.00 1.00 75.00 Notes and Remarks 2224 !TOTAL ESTIMATE $ 401.80 1 SafeUSA, Inc. STRIPING & CRACK SEAL 1 Paint & Thermoplastic ��•��i.'X11:']iiC'Y:iKZr.Mr--.<<'+]Yr'"''��:S1.ii1:i :'"rfLYY BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http: www. safeusa. com Lic.874085 1 Tel: 9091988-8437 Fax: 9091988-7647 Email: garyharms@safeusa.com C-32 DIR REGISTRATION NO.1000000311 Project Name: BEAUMONT STRIPING - RING RANCH ROAD (W1O WINDBOUND-CLAREBORNE W.) Quote Date: 3/15/2017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. IS A UNION CONTRACTOR 04-01-2094 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Item 1 Description 1Paint 4" Double Yellow (Detail 21) 2 (Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 3 Paint 4" Centerline Dashed white (Detail 8 or 11) 4 Paint 4" solid yellow with dashed yellow (Det 18) 5 Paint 8" Solid White channelizing line (Det 38A) 6 Paint 4" soiid_yellow with dashed yellow (Det 31) 3310 7 Paint Tum Arrow per MUTCD Fig 3B-21 (CA) 8 Paint Stop Bars per MUTCD Fig 3B-103 (CA) 9 , Paint STOP Legend per MUTCD Fig 3B-20 (CA) 10 !Paint School Legends per MUTCD 3B-20 (CA) i 11 Paint 12" White X -walk per MUTCD 3B-16 (CA) 12 !Paint 6" White Bicycle Ln Stripe (Detail 39/39A) 7020 13 1 Paint Bicycle Stencil per MUTCD 36-20 (CA) 14 14 Paint ONLY Marking per MUTCD 3B-20 15 Paint PED XING Marking per MUTCD 38-20 (CA) 16 Paint SIGNAL AHEAD per MUTCD 313-20 (CA) 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) 18 Install Reflective Pavement Markers 19 Install raised ceramic Bots Dots 20 Red Curb Painting without stencil 21 CVC Code Ref. on Red Curb -7 Estimated Unit Quantity Measure LF Unit Price Item Price Total $ 0.20 22 Thermoplastic Lines 23 LF LF LF LF $ 0.20 $ 0.60 1 $ 1,986.00 $ 25.00 1 EA $ 20.00 1 1 EA $ 40.00 EA $ 75.00 LF $ 1.00 $ 0.10 $ 0.10 $ 0.20 LF EA LF EA EA $ 0.16 $ 1,123.201 $ 30.00 $ 420.00 $ 40.00! $ 50.00 EA LF $ 100.00 $ 100.00 $ 2.50 $ 1.00 $ 1.00 EA $ 15.00 Thermoplastic Markings Paint 17' "reikiwXwwslk cover existing duan #lermo Paint SLOW SCHOOL ICING on exist wont tt`rerano LF SF $ 2.00 4.00 1.00 75.00 1 Notes and Remarks 10344 JTOTAL ESTIMATE $ 3,529.20 I SafeUSA, Inc. STRIPING & CRACK SEAL /Paint & Thermoplastic BID 1030 N. Mountain Ave, # 180, Ontario, CA 91762 http:www.safeusa.com LIc.874085 I Tel: 9091988-8437 Fax: 9091988-7647 Email: garyharms@safeusa.com C-32 DIR REGISTRATION NO.1000000311 Project Name: BEAUMONT STRIPING - WELLWOOD (8TH - 12TH) Quote Date: 3/1512017 Project No: From: SafeUsa Item 1 2 To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. IS A UNION CONTRACTOR 04-01-2014 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. 3 Estimated ' Unit 1 Unit Price Total Description _ Quantity Measure Item Price Paint 4" Double Yellow (Detail 21) LF $ 0.20 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 2,511 LF $ 0.10 1 $ 251.101 Paint 4" Centerline Dashed white (Detail 8 or 11) LF $ 0.10 LF $ 0.20 LF $ 0.20 4 Paint 4 solid yellow with dashed yellow (Det 18) 5 Paint 8" Solid White channelizing line (Det 38A) 6 Paint 4" solid yellow with dashed yellow (Det 31) Paint Turn Arrow per MUTCD Fig 3B-21 (CA) 8 _ Paint Stop Bars per MUTCD Fig 3B-103 (CA) 9 Paint STOP Legend per MUTCD Fig 38-20 (CA) 10 Paint School Legends per MUTCD 3B-20 (CA) Paint 12" White X -walk per MUTCD 36-16 (CA) Paint 6" White Bicycle Ln Stnpe (Detail 39139A) Paint Bicycle Stencil per MUTCD 3B-20 (CA) Paint ONLY Marking per MUTCD 3B-20 Paint PED XING Marking per MUTCD 313-21) 16 Paint SIGNAL AHEAD per MUTCD 38-20 (CA) 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) 18 Install Reflective Pavement Markers 19 Install raised ceramic Bots Dots 20 Red Curb Painting without stencil 21 CVC Code Ref. on Red Curb 22 Thermoplastic Lines J 11 1 4 23 Thermoplastic Markings LF $ 0.60 EA $ 25.00 EA $ 20.00 $ 60.00 EA $ 40.00 $ 160.001 EA $ 75.00 LF $ 1.00 LF $ 0.16 EA $ 30.00 EA $ 40.00 EA $ 50.00 T EA $ 100.00 EA $ 100.00 EA $ 2.50 EA LF $ 1.00 J $ 1.00 F $ 15.00 $ 2.00 SF $ 4.00 Paint 12".YeliowX walk over existing wom therm* Paint SLOW SCHOOL XING or exist worn thermo 1.00 75.00 Notes and Remarks 2518 !TOTAL ESTIMATE $ sa�� i'mMNIII i -t ..:vim-rar 2r SafeUSA, Inc. STRIPING & CRACK SEAL / Paint & Thermoplastic BID 1030 N. Mountain Ave, # 188, Ontario, CA 91762 http:www.safeusa.com Lic.874065 Tel: 9091988-8437 Fax: 9091988-7647 Email: garyharms@safeusa.com C-32 DIR REGISTRATION NO. 1000000311 Project Name: BEAUMONT STRIPING - XENIA (6TH - 8TH) Quote Date: 3/15/2017 Project No: From: SafeUsa To: CONTACTORS BELOW WE SUBMIT THE FOLLOWING ITEMS FOR BID. NOTE ( SAFE USA, INC. ISA UNION CONTRACTOR 04-01-20•14 ) ALL LABOR, Traffic Control AND MATERIAL ARE INCLUDED IN THIS ESTIMATE. Item Description Estimated Quantity Unit Measure —F— Price Total Item Price [Unit 1 Paint 4" Double Yellow (Detail 21) 55 LF $ 0.20 $ 11.00 2 Paint 4" Centerline Dashed Yellow (Detail 1 or 5) 1,020 IF $ 0.10I$ 102.00 3 Paint 4" Centerline Dashed white (Detail 8 or 11) LF $ 0.10 4 Paint 4" solid yellow with dashed yellow (Det 18) LF $ 0.20 5 Paint 8" Solid White channelizing line (Det 38A) LF $ 020 6 Paint 4" solid yellow with dashed _yellow (Det 31) LF $ 0.60 —' 7 Paint Tum Arrow per MUTCD Fig 3B-21 (CA) EA $ 25.40 8 Paint Stop Bars per MUTCD Fig 3B-103 (CA) EA $ 20.00 9 Paint STOP Legend per MUTCD Fig 36-20 (CA) 2 EA $ 40.00 $ 80.00 10 Paint School Legends per MUTCD 3B-20 (CA) EA $ 75.00 11 Paint 12" White X -walk per MUTCD 36-16 (CA) 105 LF $ 1.00 $ 105.00 12 Paint 6" White Bicycle Ln Stripe (Detail 39/39A) $ 0.16 13 Paint Bicycle Stencil per MUTCD 3B-20 (CA) PF EA $ 30.00 14 Paint ONLY Marking per MUTCD 3B-20 EA $ 40,00 15 Paint PED XING Marking per MUTCD 3B-20 (CAL EA $ 50.00 16 Paint SIGNAL AHEAD per MUTCD 3B-20 (CA) EA $ 100.00 I— 17 Paint STOP AHEAD per MUTCD 3B-20 (CA) 1 EA $ 100.00 $ 100.00 1 18 Install Reflective Pavement Markers EA $ 2.50 19 Install raised ceramic Bots Dots EA $ 1 00 20 Red Curb Painting without stencil LF $ 1.00 21 CVC Code Ref. on Red Curb EA $ 15.00 22 Thermo .lastic Lines LF $ 2.00 23 Thermoplastic Markings SF $ 4.00 _ Paint 2" Vent: AX wally over existing wam therfrro $ 1.00 " Paint SLOW SCHOOL XING on exist wom theoric $ 75.00 ;TOTAL ESTIMATE $ 398.00 I Attachment "B" STAFF REPORT TO THE CITY COUNCIL DATE: November 22, 2016 FROM: Joseph Hughes, City Manager REVIEWED BY: Emest Wong, Public Works Director/City Engineer PAJ PREPARED BY: Jim Richardson, Public Works Manager ;yr"' SUBJECT: Bid Award — Bid No. 2016-04 "Traffic Striping and Pavement Marking" RECOMMENDATION: It is recommended that the City Council award Bid No. 2016-04 "Traffic Striping and Pavement Marking" to Safe USA, Inc. FISCAL IMPACT: The City's current two-year budget under Gas Tax includes $25,000 per year for pavement striping on various City streets. Pursuant to the contract specifications, the City has the option of extending the contract for 5 one-year periods. If the City chooses to extend the contract, the contract unit prices shall be adjusted as agreed to between the City and the Contractor, but in no case shall the unit prices be adjusted higher than the average percentage changes of the Engineering News Record Cost Indexes for Skilled Labor and for Material in the Los Angeles region. The indexes used shall be based on those published in the first issue in November 2016, and shall be compared with the indexes published in the first issue in November of subsequent years. PUBLIC NOTICE: The agenda for this item was posted at the three locations per Resolution No. 2011-047 and on the City's website. The notice inviting bids was advertised on two newspapers and a number of trade papers. BACKGROUND: This contract is for the annual pavement striping on various City streets. Locations for pavement striping will be selected by City staff in the future based on the condition of existing striping. In addition to pavement striping, this contract also includes misc. supplemental work such as minor slurry seal and signage. The Contractor will also respond to requests for emergency striping on an as -needed basis. Approved Motion Second Agenda Item No. : " Denied Ayes Continued Noes File No. Tabled Abstain Absent ` ;/.l] E if /. ),� ' ' City Clerk /�-� City Man Six bids were received and opened at 10:00 a.m. on November 3, 2018. The total bid amounts were based on unit prices and the assumed quantities of the various work Items as specified in the bid document. Actual quantities of work may vary depending on the City's needs. The contractor will be compensated based on the actual quantities of work and the unit prices specified in the contractor's bid. Following are the bid results: Safe USA. Inc. $22,842.00 Chrisp Company $23,017.00 Cal Stripe, Inc. $23,872.00 Superior Pavement Markings $25,775.00 Cat Tracking, Inc. $26,975.00 PCI $29,930.00 The apparent low bid was received from Safe USA, Inc. in the amount of $22,842.00. The engineer's estimate is $25,000.00. Staff has checked and Is satisfied with Safe USA, Inc. bid. G; Maintcnancc Staff Reporii+Slafi'Rc t '_016-04 Traffic Strip,kig and Paveniei3! Rlarkin5 Award Rc%i,cd draft 1 1-15- 16.doc AGREEMENT 1 !HS A( Rl:.L:\Il: \'l . aide and entered into this ,;......21.41* of . f r ; 7 • • ". by and between the CI 1.", OF . Mil 11 :\\E). :A Mut'\1C' 'MOM! C ORJ'C)R.VI l(►\. hereinafter called Cit\and hereinafter called Contractor. actor. 1111 [NESSE-Pl. that the parties hereto dti mutually agree as follows: .R'I I('LF'. l: For and in consideration ot'the pa} nlents and agreements hereinafter mentioned to he made and performed hy said Cit). said Contractor agrees with Said C'it_y to perti►rm and complete in a workmanlike 111ati1tler all \\ork required under tilt Project Specifications titled -TRAFFIC STRIPING: AND PAVEMENT MARKING" "13111) SCIIU:DL LF:A" RID No. 2016-04 In aecoralanee ith the Specifications therelOre. to furnish all Ills IA\ Ti expense all labor. materials. equipment. tools and ser\ Ices I14:eessatry therefor. except such materials. e.Illipnlent.:Ind ser\ ices as may he stipulated in said Specifications to he Burnished b\ said (.'it\.:Ind to do exer\thing required by this Agreement and the said Specifications, including maintenance tufa drug tree workplace. ARTICLE 11: For t urnishine all said labor. materials. equipment. cools and services. furnishing and renno\ ing all planus. temporary structures. tools. and equipment. and dt+iug c1 erg thing required by this ;Agreement and the said Specifications: also for all loss and damage arising out of the nature of the \\ork aforesaid. or from the action of the elements. or from any unforeseen difficulties which 1mi\ a1'ise during the prosecution of the work until it, ac.:cptance by said City. and for all risks of every description connected with the work: also for all expenses resulting from the suspcnstnn or diset\iltinualll'e Of work. except as in the said Specifications arc expressly stipulated to he burnt by said City: and lir conlltileting the work in accordance with the requirements of said Specifications. said City \r Ili pay and said Contractor shall i '.eive. in full compensation therefore. the price(%) named in the Bidding Schedule A. ARTICLE 111: I'he City hereby employs said C.tuttractor to periOrm the work according to the terms of this Agreement for the above mentioned priors). and agrees to pay the solute at the time. in OW manner. and upon the conditions stipulated in the said Specifications: and the said parties for thcroseites. their heirs. eseetnors, administrators. successors. and assigns. do hereby agree to the full performance tui the covenants herein contained. ..ARTICLE IV: The Notice In\ itinu Bids. Proposal. Information Required of Bidder. Certificate of Non Discrimination by C'ontractors. Specifications. and all addenda issued by the City 1%iih respect to the foregoing prior to the opening of bids. anc hereby incorporated in and made part 4)1' this .\grecntcnt. ARTICLE \ . 1.11c agreement shall ha\ e a term of one • i 1 • ear. The Cin .hal; have the option of exten:li:i_ the term of the agr a .ii1e:1t for ti\ e one-) ear periods up to 1)22. The shall hal, the sole discretion for extending the term of the agreement un.1 the contractor shall not be entitled to compensation if the Cit} does nut extend the term of the agreement. Should the Cit) emend the tern of the agreement. the contract unit prices shall he adjusted as agreed to in the City and h1 the C:tro tor. but in no case shall the aJjuste�t unit prices b, huller than the akera•ac change,; of the I:nginecrinp_ \c.:, Record Cost Indexes for Skilled La:10r and for \.lateria1 in the Los Angeles Regio?n. 1 hc indexes u,,cd in the unit cost adjustment shall he based 17n those sho‘m in the first issue in :IL: month of \o‘ember :011e} :end .17::11 he compared with the indexes in the first issue in the month of No\ emberut subsequent tzar., IN WITNESS WHEREOF, the parties hzre<o l]a\t caused this eoniract to be executed the day and year first above written. Contractor for BY: 1 ' 1 Signatire) (Title) ATTEST: 13Y: _ } (Signature I/ (Title) f fli. ('ii 1' t)i 111[flii.: \D, i':\l.'t1 (')Rtil.% (C.1 Cl" ► B1•: ATTEST: EST: BY: Cita t'krk SLAL APPROVED) :1S Ft 1 ()RM1 City Attorney C.. PROPOSAL 111I)1)141, !C'ffi 1)1 LI. ".l" B11) No. 2016•+14 ti•= fh+t rlr-i:in *().„..0.11.4,.. Paint 4 :.frit' Ity: 1.11) WO 1A -114r( •11. 1)rl.ti' _I .:il)i:I.f N . 0:Z° 1,. L t.:* c boo Paint -;"2 Ger.:..r!att {).:� ..rf 1 e•iFv l'at'e r...4:, pCJ Mt IL'i? 4-1:2 �• ;c Al- E' L.: 1 t LF X . ° I° i. °ea.-- 3 IJ:li,ii 4" tik''; li,;: { }.i, l:.f i1 hite \I(•TCf1 1.I:J.JJ! 1-' .. 00 10 -1 P;1' hi 4' 1'eilc'.t tic lla:l:c;3 1'r11.,v. i'.tlke:.. 1''r \+I'TC!) hi 1.).- 103 i[-:',[, 1)A•t;ai .w ?,ru�L I.F ^.artt R" Solid While Chartl:elli:ng iu1C per \11. l rl7 1 -ie 3.1-`. 12 i&'A), Detail ='...\ 1.1)4n' LF X r, I}aklkl a'• strl:til 'i.l1e,a, ix I};1chC,i 111Ir•u f'•ar:1 Lane her tii''TC rid .+:!-: i If-':\}, Iia: ;'. :IN) !.r X A'rt`0 11 ip.. I}ti' !LII. 1 C r) rig. 114.21 (CA) ii[ I'.'I \ Pain) ;eon f3ar;1>tr \11. TCD rl!+ +1-1-1c'i [CAI 'SEA N Paoli tip 1 ege:uds Per ML' fC D lC'At 41' 1:A X I1,. Paint S•h,:,tgl I ei.entic Per \1t'TCD :413-20 (CAI h EA X 1stripe Per \-1I CCI) Fig 4Fi• :li tt •') 1.200 L1- 12 1-I2 Paint Stripe Po. \11: i l` I-) he. 1A-112 (CAI. Detati +9 or . t?rt 1?!1'1 Ll' X 1.' k'aalt iiicy►:;e S; n..LI Per \1L'TC'D ri.g. ,11i.20IC•A) 10 EA X !-I. Pauli 'ONO- Markill, Pel :IL t 1. i) h y. ?E3 -3t' kVA) : L:\ X Paint Pr:D X1'Ci'• \lurking Per ML 1(,-1' Fir. 38-'4 t WA) ? h.,\ X 1f). Paint. "SIGN: >L .1f 1L.1L)' \i..rkin'g 111.. TC'D Fty.. +Ca -:'f ti r.\ X Sl`• 11 .. 300 o I,2.o0 s t4� s 300 s Zoo s "So PA' 800 ac 60 6 2560 Zoo 4000 is 1 1,5o0"- 1300 ,SOQ".1300 as 800 "-' I C1I.561 RID 'Sum of item torah 1 (hru 23) .. 2 2-I 15 4 Z Gy tl`rgwrr•) TLQe r y - rwo-1-446.1.5AA, 406-1., T' 44,n►o ,0 Fbfar4 7+.,+a .' "�w e I% ol'ttt) *Amount to be used in determining the !illi Monti, Labor and 11aler•sal Bond. and AK and of Contract. SEE SECTION 2-1,4 Additional items (not part rdhondinj or hid altiard calculation) �1 1 \'il_ 2 t,;C\ t71• vtlltllli_r \tod1t ei ium: Sea. �Zratti, Control nt+t cd) 7.Sittt SF X s O. 67 s 50a• xD I!'4tai!:1111In .'f City rro\ ;dct1 alumtnurl' re:: I:..i11r\ si;'.Ii lel I';:h 1i. Right .rt. \\ 11 :' illi c.'nnacior r'tlltntle:l \1.1, 1.(1 hr.c and perrorated square iNurroseA.i�ti. ne 1Z' it.,.onlrit:c:eti.L�tl :1i C tt`,:nr:;VIlett' 1Lij11 zee : [s sc i '+'. se. t xeak-.itc.:mil `.i l; .+ 1.11 concrete : F „A .• 300 - '4.:' Il'ersictl.;ln (.. a 's -Out S CIhr X S 0D I'aink -1•- ! :gill.! Ve„okt 111. 1 i_ 1) ! tai (CA) I)e• . ear S s ► G � !-` :'i!r11 4-- 631:ci+e.ie Strive Per Mi ! ('i� ! i� .:\• RI I ICA) Det A tlr I 1 S ''a , :n1 -f' .r:ll:JY;I',Lt \,\l::t: 1rct:-ivStrn-t- <.60I • MINUTES CITY COUNCIL REGULAR MEETING ��1�t9VEMBER x2.201_�__,�� CALL TO ORDER The regular meeting of the City Council s called to order at 6:00 p.m. by Mayorl0tc alion at the Donahue Council Chambers, 27215 Base Line, Highland, California. The invocation was given by Reverend Jason Barker, Immanuel Baptist Church, and the Pledge of Allegiance was led by Councilwoman Scott. ROLL CALL Present McCallon, Scott, Timmer Absent: Lilbum, Racadio REPORT FROM CLOSED SESSION No meeting SPECIAL PRESENTATIONS None PUBLIC COMMENT None CITY COUNCIL CONSENT CALENDAR Mr. Mark Falcone spoke in opposition of Item #6 and Item #7. Mr. Fred Yauger spoke in opposition of Item #6 and Item #7. A MOTION was made by Councilman Timmer, seconded by Councilman Scott, to approve the consent calendar as submitted with Item #2 being pulled for further discussion. Motion carried on a roll call vote, 3-0, with Councilwoman Scott dissenting on Item #7 and with Mayor Pro Tem Lilburn and Councilman Racadio being absent 1. Waive the Reading of All Ordinances Waived the reading of all Ordinances In their entirety and read by title only. co regufar November 22, 2016 Page 1 of 7 12. November 6, 2018 General Municipal Election — Submittina a Referendum Measure to the Voters City Clerk Hughes gave a brief review of the staff report. A MOTION was made by Councilwoman Scott, seconded by Councilman Timmer, to adopt Resolution No. 2016-063 ordering that a Referendum Measure be submitted to the voters at the regular General Municipal Election to be held on November 6, 2018. Motion carried, 3-0, with Mayor Pro Tem Lilbum and Councilman Racadio being absent. RESOLUTION NO. 2016-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HIGHLAND, CALIFORNIA, ORDERING A QUALIFIED REFERENDUM MEASURE TO BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018 13. Proposed Clty of Hiahland Community Development Block Grant (CDBG) Applications for Fiscal Year 2017-2018 Assistant Community Development Director Stater gave a brief review of the staff report. A MOTION was made by Councilman Timmer, seconded by Councilwoman Scott, to: 1. Approve the City's application for Enhanced Code Enforcement that supports thirty percent (30%) of the salary and benefits of the Assistant Community Development Director position, seventy-five percent (75%) of a Code Compliance Officer position and forty percent (40%) of an Administrative Assistant position; and to 2. Approve the City's application to construct pavement rehabilitation on Fairfax Lane, Michael Drive, Court Street, Elm Street and Bertle Lane. Motion carried, 3-0, with Mayor Pro Tem Lilbum and Councilman Racadio being absent. 14. Bid Award -- Bid No. 2016-04. "Traffic Striping and Pavement Markinci Public Works Director/City Engineer Wong gave a brief review of the staff report. A MOTION was made by Councilwoman Scott, seconded by Councilman Timmer, to award Bid No. 2016-04, "Traffic Striping and Pavement Marking," to Safe USA, Inc. Motion carried, 3-0, with Mayor Pro Tem Lilbum and Councilman Racadio being absent. cc regular November 22, 2016 Page4of7 AGREEMENT 7-t44- 1)Oki Vlak19-V--,344---- THIS AGREEMENT, made and entered into this day of D , 14 by and between the CITY OF n HIGHLAND, A MUNICIPAL CORPORA ION, hereinafter called City, and 50c V Su !`7: vit..— hereinafter called Contractor. WITNESSETH, that the parties hereto do mutually agree as follows: ARTICLE I: For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said City, said Contractor agrees with said City to perform and complete in a workmanlike manner all work required under the Project Specifications titled: "TRAFFIC STRIPING AND PAVEMENT MARKING" "BID SCHEDULE A" BID No. 2016-04 In accordance with the Specifications therefore, to furnish at his own expense all Iabor, materials, equipment, tools and services necessary therefor, except such materials, equipment, and services as may be stipulated in said Specifications to be furnished by said City, and to do everything required by this Agreement and the said Specifications, including maintenance of a drug free workplace. ARTICLE II: For furnishing all said labor, materials, equipment, tools and services, furnishing and removing all plants, temporary structures, tools, and equipment, and doing everything required by this Agreement and the said Specifications; also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise during the prosecution of the work until its acceptance by said City, and for all risks of every description connected with the work; also for all expenses resulting from the suspension or discontinuance of work, except as in the said Specifications are expressly stipulated to be borne by said City; and for completing the work in accordance with the requirements of said Specifications, said City will pay and said Contractor shall receive, in full compensation therefore, the price(s) named in the Bidding Schedule A. ARTICLE III: The City hereby employs said Contractor to perform the work according to the terms of this Agreement for the above mentioned price(s), and agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said Specifications; and the said parties for themselves, their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV: The Notice Inviting Bids, Proposal, Information Required of Bidder, Certificate of Non Discrimination by Contractors, Specifications, and all addenda issued by the City with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this Agreement 7 ARTICLE V: The agreement shall have a term of one (I) year. The City shall have the option of extending the term of the agreement for five one-year periods up to 2022. The City shall have the sole discretion for extending the term of the agreement and the Contractor shall not be entitled to compensation if the Citydoes not extend the term of the agreement. Should the City extend the tem of the agreement, the contract unit prices shall be adjusted as agreed to by the City and by the Contractor, but in no case shall the adjusted unit prices be higher than the average changes of the Engineering News Record Cost Indexes for Skilled Labor and for Material in the Los Angeles Region. The indexes used in the unit cost adjustment shall be based on those shown in the first issue in the month of November 2016 and shall be compared with the indexes in the first issue in the month of November of subsequent years. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. BY: 5� LCL AContractor (Signature) P(CI' i C(erCt— THE CITY OF HIGHLAND, CALIFORNIA (CITY) BY: h C ATTEST: BY: ATTEST: BY: (Title) Clerk/ SEAL APPROVED AS TO FORM I'yE.L BY: V (Signatu�/� e)City Attorney 6( "IA -co--- (Title) 8 Attachment "C" CITY OF BEAUMONT PUBLIC WORKS AGREEMENT (SAFE USA) This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective April 18, 2017, by and between the City of Beaumont, a municipal corporation ("CITY"), and Safe USA ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: I. SCOPE OF WORK The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the Traffic Striping(DESCRIPTION OF PROJECT) Project (hereinafter "Project"). CITY's Invitation for Bids ("Invitation") for the Project, dated April 11, 2017, and CONTRACTOR's Bid in response to the Invitation, dated April 11, 2017, are attached hereto as Exhibits :A" and "B", respectively and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Invitation. By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, the Construction Manager, the Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY, the Construction Manager (if any), and the Engineer on account of delay, hindrance, interference or other events. II. TIME FOR PROJECT COMPLETION All of CONTRACTOR's work on the Project shall be completed within durations established for the individual activities as set forth in the Project Construction Schedule, attached hereto as Exhibit "C" and incorporated herein by this reference. All work shall commence ten (10) calendar days after receiving a written Notice of Award from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. Page 1 of 13 Public Works Agreement III. THE CONTRACT SUM The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of $75,000. IV. PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Engineer by the CONTRACTOR and Certificates for Payment issued by the Engineer, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions, which are fully incorporated into this Agreement by this reference. This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein. V. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR' s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, Page 2 of 13 Public Works Agreement judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY. VI. PREVAILING WAGES A. Contractor shall comply with all applicable laws and regulations relating to prevailing wages. Wage rates for this Project shall be in accordance with the "General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Riverside County. Wage rates shall conform with those posted at Beaumont City Hall and the Project site. B. The following Labor Code sections are hereby referenced and made a part of this Agreement: 1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates. 2. Section 1777.4 - Apprenticeship Requirements. 3. Section 1777.5 - Apprenticeship Requirements. 4. Section 1813 - Penalty for Failure to Pay Overtime. 5. Sections 1810 and 1811 - Working Hour Restrictions. 6. Section 1775 - Payroll Records. 7. Section 1773.8 - Travel and Subsistence Pay. VII. RECORD AUDIT In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment. VIII. FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Engineer. Page 3 of 13 Public Works Agreement IX. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY. X. INSURANCE Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY A. Types of Insurance Without limiting CONTRACTOR's indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY: 1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per Page 4 of 13 Public Works Agreement occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. 2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. 3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions: • A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies. 4. Workers' compensation insurance. CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers. Page 5 of 13 Public Works Agreement 5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR's Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non -owned disposal sites. Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf' of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy. 6. Builder's risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below. The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project. Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full Page 6 of 13 Public Works Agreement replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to in-ure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction. B. Other provisions or requirements 1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by CITY's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. 2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies. 3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of CITY before the CITY' s own insurance or self-insurance shall be called upon to protect it as a named insured. 4. CITY's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement. Page 7 of 13 Public Works Agreement 5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's risk manager. 6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 7. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder. 8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 10. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Page 8 of 13 Public Works Agreement 11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. 12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions. 13. Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review. 14. CITY's right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR' s compensation. 15. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY. 16. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. 17. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Page 9 of 13 Public Works Agreement XI. CONTRACTOR'S LICENSE CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. XII. REGISTRATION REQUIREMENTS A. Pursuant to Section 1771.1(a) of the Labor Code: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded." B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing. C. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. D. The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year. Page 10 of 13 Public Works Agreement XIII. CORPORATION IN GOOD STANDING If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that (Insert Name) whose title is (Insert Title) is authorized to act for and bind the corporation. XIV. PROVISIONS REQUIRED BY LAW Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. XV. SUBSURFACE HAZARDOUS MATERIALS A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any: 1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT. B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions. C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR' s cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or Page 11 of 13 Public Works Agreement by law which pertain to the resolution of disputes and protests between the contracting parties. XVI. COMPONENT PARTS OF THE CONTRACT This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto: ❑Notice Inviting Bids ❑ Scope of Work Summary ❑ Information for Bidders ❑ Bid Form ❑Non -Collusion Affidavit ❑ Site Visit Certification El Faithful Performance Bond El Labor and Materials Payment Bond ❑ General and Supplemental Conditions ❑ Special Conditions El Project Construction Schedule El Proposed Subcontractors ❑ Bid Bond ❑ Information Required of Bidder LI Construction Services Agreement ❑ Certificate Regarding Worker's ❑ Compensation ❑ Drug-free Workplace Certification ❑ Plans and Specifications ❑ Addenda ❑ Drawings ❑ Change Orders ❑ Shop Drawing Transmittals ❑ Contractor' s Certificate Regarding ❑ Non -Asbestos Containing Materials All of the above named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above named CONTRACT DOCUMENTS and not by others shall be done as if required by all. XVII. ENTIRE CONTRACT This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties. [Signatures on following page.] Page 12 of 13 Public Works Agreement SIGNATURE PAGE TO CITY OF BEAUMONT PUBLIC WORKS AGREEMENT (SAFE USA) CITY: CONTRACTOR: CITY OF BEAUMONT By: By: Print Name: Alfred Lloyd White, Mayor Title: ATTEST: By: Andreanna Pheiffer, City Clerk APPROVED AS TO FORM: By: John O. Pinkney, City Attorney CITY OF BEAUMONT PUBLIC WORKS AGREEMENT (SAFE USA) EXHIBIT "A" CITY'S INVITATION FOR BIDS DATED (Insert behind this page.) 14 CITY OF BEAUMONT PUBLIC WORKS AGREEMENT (SAFE USA) EXHIBIT "B" CONTRACTOR'S Bid DATED (Insert behind this page.) 15 CITY OF BEAUMONT PUBLIC WORKS AGREEMENT (SAFE USA) EXHIBIT "C" Project Construction Schedule (Insert behind this page.) 16 Agenda Item No. 20 Staff Report TO: Mayor and City Council Members FROM: City Manager Director of Finance DATE: April 18, 2017 SUBJECT: Request for Budget Adjustment BUDGET REALLOCATION Intra -Departmental Allocation City operations must have adequate back-up sources of power in case of any short-term or long-term emergency. The generator in place for the Police Department no longer meets the standards of AQMD and must be replaced. An intra -departmental allocation is requested to cover the replacement cost of $62,520 as follows: Decrease Fuel budget: $30,000 Decrease Vehicle Maintenance budget: $32,520 Increase Equipment budget: $62,520 Staff believes that this allocation will allow sufficient budget for the Fiscal 2016-2017 costs for fuel and vehicle maintenance. General Fund Allocation The City is in need of additional expenditures for various services and vehicles. The vehicles no longer run, or too expensive to repair or maintain, are listed as follows: Community Services: 1988 Chevy Truck - does not run 2004 Ford Ranger - does not run 2004 Ford Ranger, #41,270 miles 2004 Ford CNG 2004 Ford CNG Public Safety: 2009 Ford Crown Victoria Interceptor, #111,038 miles 2008 Chevy Tahoe, #122,295 miles 2008 Dodge Charger, #100,570 miles The estimated cost to replace these vehicles is estimated as $145,000 for 5 Community Services department trucks and estimated as $150,000 for 3 additional Public Safety vehicles. It is unknown if there will be any proceeds from the disposal of the vehicles listed above. The Sewer staff that have been hired during this fiscal year have no vehicles to perform their routine duties. Currently, their performance is contingent on other fleet vehicles that may be available. To alleviate the negative impact on productivity, two additional trucks are needed with an estimated cost of $62,000. Quotes have been obtained and are attached for the replacement vehicles being requested. With the many delays of the fiscal year 2014-2015 audit, the services were rendered throughout fiscal year 2015-2016 and 2016-2017, which has then forced the expense recognition to be in fiscal year 2016-2017. The budget for fiscal year 2016-2017 did not include the cost for the fiscal 2014-2015 and 2015-2016 audit periods. In order to have the fiscal 2015-2016 audit performed immediately, an additional $36,500 is necessary to be budgeted in fiscal year 2016-2017. The total costs in order to meet the immediate needs of the City total $393,500. City staff is requesting Council release this amount from the Budget contingency, originally established in the fiscal 2016-2017 budget of $696,479. The effect of this allocation would be to decrease the contingency to a balance of $302,979. Fiscal Impact: Police Department budget has no net effect. Funding for additional professional service and vehicles would be obtained through release of contingency budget. Finance Director Rev t Recommendation: Approve Budget Adjustment 20 . City Manager Review: Attachment: A. Budget Adjustment Form 2017-03 B. Vehicle Quotes C. Vehicle Photographs rn 0 n 0 BUDGET ADJUSTMENT: PUBLIC SAFETY/COMMUNITY SERVICE/SEWER FUND DEPARTMENT NAME: T PARTON / M TAYLOR / 5 THUILLIEZ/ R SHERWOOD / A JAKHER PREPARED BY: APPROVED BY Explanations /Justification SHIFT BUDGET FOR NEW GENERATOR SHIFT BUDGET FOR NEW GENERATOR SHIFT BUDGET FOR NEW GENERATOR PURCHASE 3 ADDITIONAL VEHICLES PURCHASE 5 ADDITIONAL VEHICLES PURCHASE 2 ADDITIONAL VEHICLES ALLOCATE TO PURCHASE VEHICLES PERFORMANCE OF THE FY15-16 AUDIT 0) d Change to Budget O m O 0 N N' O O 0 lf1 N 0 0 8 O u1 8 8 O V1 O O 0Ln m (36,500.00) IPERFORMANCE OF THE FY15-16 AUDIT ADJUSTED BUDGET 0 8 0 0 rsi ti. V 8 O O L1 8 8 0 O q cnN. 01 m m 8 01 rn 0 CURRENT BUDGET 0 O 0 0 O O 0 O 8 vi 0 0 0 0 O O 0 0 l0 kap/ 8 0 u1 0 O 0Y m, ACCOUNT DESCRIPTION VEHICLE MAINTENANCE H LLJ 2 1L 7 Ciw ILJ U J U LW LU J U z LIJ CONTINGENCY PROFESSIONAL SERVICES CONTINGENCY ACCOUNT NUMBER 100-2050-7050-0000 100-2050-7037-0000 100-2050-8040-0000 100-2050-8060-0000 100-6050-8060-0000 700-0000-8060-0000 100-1200-7900-0000 100-1200-7068-0000 100-1200-7600-0000 5 0 W d Budget Adjustment Form S:\Finance\Council Reports\FY2017\2017.03 Budget Adjustm Fritts Ford miaariciir 8000 Auto Drive, Riverside, California, 925044193 Office. 954-687-2121 2017 F-150, SuperCrew Cab Styleside 4x4 SuperCrew Cab Styleside 5 5' box 145" WB XL(W1E) Pnce Level: 750 Selected Options Code Base Vehicle WIE Packages 100A Powertrain 998 446 X26 STDGV Wheels & Tires STDTR 64C Seats & Seat Trim c &t.e.e.t.) Description MSRP Base Vehicle Price (W1E) $36,755.00 Equipment Group 100A Base NIC Includes - Engine 3.5L V6 Tl -VCT FFV - iransrntissrrvr Electronic 6 -Speed Automatic Includes fkw/haui and spat mode - 3 73Axle Ratio - GVWR 6,350 Ibs Payload Package - Tires' P765 i t)R11 OWL AVT - Wheels. it SrIvo; Steel - Cloth 401.6l4o Fant Seat Includes 2 -way manual dnver/oassemjer adjustment and amues,'. - Ramo AM/FM &ere° w/6 Speakers includes auxiliary audio input jack (not available with SYNC) Engine' 3.5L V6 Ti -VCT FFV Transmission: Electronic 6 -Speed Automatic hx)udes tow/haul and sport male_ 3.73 Axle Ratio GVWR: 6,350 lbs Payload Package Tires P265/70R17 OWL A/T Wheels: 17" Silver Steel Cloth 40/20/40 Front Seat halides 2 -way manual dn'vedpassenger adjustment and armrest. Other Options 145WB 145" Wheelbase STORD Radio: AM/FM Stereo w/6 Speakers Includes auxiliary audio input jack (not available with SYNC) 53B Class IV Trailer Hitch Receiver Included Included Included Included Included Included Included STD Included $95.00 Ordering the Trailer Tow Package does not include Integrated Brake Controller (67T). Integrated Brake Controller (67T) Is a standalone option and must be ordered separately. Prices and content availed) as shown are sub ectto change and should be treated as estimatim only. Achiel base vehicle, package and opt pricing may vary from this estimate because of special I pricing. availability or pricing adjustments not reflected in the dealers computer system See salesperson for the most current information. Prepared by- Vikiy Garay Date: 01/3002017 1 Fritts Ford 8000 Auto Drive, Riverside. California, 925044193 Office: 951-687-2121 2017 F-150, SuperCrew Cab Styleside 4x4 SuperCrew Cab Styleside 5.5' box 145" WB XL(W1 E) Price Level; 730 Selected Options (Cont"d) Code 413 PAINT Fleet Options 85A Description MSRP includes towing capability up to 5,000 Ibs on 3 51 TYVCTengine (998) and 2 7L EcoBoost engine (99PI or up to 7000 lbs_ on 3- 6L EcoBoost engine (99G) and 5.OL Y/B engine (49F), smart trader tow connector and 4-pin/7-pin wiring Names& Sktd Plates (Fleet) $160.00 includes fuel tank transfer case and front differential. Monotone Paint Application STD XL Power Equipment Group REQUIRES valid FIN code. Includes - Pow,,rGlass S.detufew Mirror€ w/Dleck Skull Caps include manual folding. - Illuminated Entry - MyKey Owner controls feature. Penmett.rAlarm - Power bow Laws includes flip key and 'nh graied key transmitter keyless -entry (includes Autolock). - Power Tailgate Lod( - Power Front & Rear Windows $1,170 00 Interior Colors CG 01 Dark Earth Gray NIC Primary Colors Y2_01 Oxford White N/C SUBTOTAL 38,180.D0 Destination Charge $1,295.00 TOTAL if 13- X Pnces and content availability as ahown are subject to Change and should be treated as estimates only Actual base vehicle, package and option pricing may vary from this estimate because orspecial focal pricing, availability or prtang adjustments not rimed in the dealers computer system. See salesperson for the most can .nt information Prepared by: Vlkly Garay [sate: 0113012017 2 Fritts Ford 8000 Auto Drive, Riverside, California, 925044193 Office. 951-687-2121 Selected Options Code 2017 F-150, Regular Cab Styyleside 42 Regular Cab Styieside 8' box 141" WB XL(F1 C' Price Level: 750 Description MSRP Base Vehicle F1C Packages 100A Base Vehicle Pnce (PIC) $27,030.00 Equipment Group 100A Base Includes. - Engine. ? 5L V6 Tr -VCT FFV - Transmission- Electronic 6 -Speed Automatic Includep tow/haul and sport moxa - 3.55 Axle Ratio - OMR- 6.106 Ihs payload Package - Tires. P245.7UR17 BS W.4i• - Wheels 17" Silver' tee' - Cloth 4020,40 Fent Sia! Includes ?-way manual driver/nasseng&,, adjustment and armrest. - Radio AM/FM Stereo w,4 Speakers Includos toux,liary audio input Jack (riot aveilable with SYNC). NI/C Powertrain 998 Engine. 3 5L V6 Ti -VCT FFV Included 446 Transmission: Electronic 6 -Speed Included Automatic Includes tow/held and sport mode. X19 3.55 Axle Ratio included STDGV GVWR: 6,100 Ibs Payload Package Included Wheels & Tires STDTR Tres: P245/T0R17 BSW A/S Included 64C Wheels: 17" Silver Steel Included Seats & Seat Trim C Cloth 40/20/40 Front Seat Included includes 2 -way manual driver/passenger adjustmeni and ermresL Other Options 141WB 141" Wheelbase STD PAINT Monotone Paint Application STD STDRD Radio AM/FM Stereo w/4 Speakers Included Includes auxiliary audio input jack (not a"ailable with S)NC). Interior Colors Prices and <anent availability as shown are subject to change and should be treated as estimates only Actual base vehicle, package and option pricing may vary from this astirtale because of s focal Pricing, availability or pricing adjustments not reflected in the dealer's computer system See salesperson for the most current rnforrnetion Prepared by: VlkIy Garay Date: 01/30/2017 1 Fritts Ford 2017 F-150, Regular Cab Styleside 8000 Auto Drive, Riverside, California, 9 193 4x2 Regular Cab Styleside 8' box 141" WB Office: 951-687-2121 XL{i=1 G) era-- -- Price Level: 750 Selected Options (cont'd) Code Description CG 01 Dark Earth Gray Primary Colors 'a 01 Oxford White MSRP NIC NIG SUBTOTAL Destination Charge TOTAL $27, 030.00 $1,295.00 /5-voz.7f •27<1;30,-y Prices end content avallability as shown are subject to change and should be heated as estimates only Actual base vehicle, package and option prising may vary from thrs estimate because of spacial focal prising, availability or prising adjustments not reflected in the dealer's computer system. See salesperson for the most current mfamatlan. Prepared by: VIkiy Garay Date: 04!3012017 2 COMMUNITY SERVICE Agenda Item No. 2-1 Staff Report TO: Mayor and City Council Members FROM: Director of Public Works/City Engineer DATE: April 18, 2017 SUBJECT: Award of Contract to Johnson Power with a Contract of $88,545.55 for the Replacement of the Generator at the Beaumont Police Department and Repairs to the Transit Building Generator. Background and Analysis: Police Department Generator - The existing emergency generator at the Police Station is an older model generator, which has been cited by the Southern California Air Quality Management District (SCAQMD) as being too close to the adjacent school. To be properly certified, a diesel generator must be beyond 100 meters (200+ feet) from a school and be less than 55 horsepower or have an appropriate air filter. Because of the age and type of generator, installing a certifiable filter is not feasible, and due to site restrictions and present electrical equipment, it is not practical to relocate the generator. It is imperative that a back-up power supply be readily available to the Police Department at all times, in the case of an emergency. In order to replace the generator, staff has contacted several contractors and received three (3) proposals for its replacement. Each will provide and install a new generator and obtain the required operating permit from AQMD. Bids received were: Johnson Power $ 56,832.01 Power Plus $83,671.83 TSR $81,500.00 Transit Building Generator - A new generator was installed behind the Transit Building in 2005. In 2007, the City requested that the permit be inactivated due to the lack of a required particulate air filter. The existing building is currently without a source of emergency power and has been for many years. To -date, the generator has never been certified by SCAQMD nor operated. To be certified and usable, this generator must have a proper particulate air filter installed. To obtain a cost to install the appropriate filter and obtain SCAQMD certification, Staff has contacted several contractors and has received two (2) proposals. Each will provide and install a certifiable filter and obtain the required operating permit from SCAQMD. Bids received were: Johnson Power Power Plus $31,713.54 $43,986.93 Staff is recommending award of contract to Johnson Power with contract of $88, 545.55 for the replacement of the generator at Beaumont Police Department and Repairs to Transit Building generator. Fiscal Impact: Police Department Generator cost to replace existing generator is $56,833.00 plus $5,685.00 in contingency which total to $62,520.00 from Account No. 100-2050-8040- 0000. Transit Building Generator cost to install the particulate air filter is $31,715.00 plus $3,174.00 in contingency which totals to $34, 890 to be paid from State Transit Assistance funds from Account No. 750-7000-8012-0000. Finance Director Revieirr Recommendation: Award of Contract: 1. Replace the existing emergency generator at the Police Station with a new SCAQMD certifiable generator for the amount of $56,833.00 from Account No. 100-2050-8040- 0000. 2. Install a SCAQMD certifiable particulate air filter on the existing Transit Building generator in the amount of $31,715.00, paid from State Transit Assistance funds from Account No. 750-7000-8012-0000. City Manager Review: Attachments: 1. Bid Analysis 2. Quotations Attachment "A" Stand-by Emertgency Generators 2017 Received Bids Johnson Power Transit Bldg Filter Power Plus base amt 15,666.05 17,387.41 installation 12,840.00 20,692.00 permitting 1,850.00 4,560.00 Subtotal 30,356.05 42,639.41 est taxes 1,360.00 1,347.52 TOTAL 31,716.05 43,986.93 contingency 3,173.95 4,398.00 GRAND TOTAL 34,890.00 48,384.93 Attachment "B" JOHNSON CIT CITY OF BEAUMONT 550 E 6TH STREET BEAUMONT CA 92223-2218 Quote No: 58729 -1 SEGMENT: 01 CITY OF BEAUMONT NOTES: *******INSTALL JOHNSON MATTHEY PASSIVE DIESEL PARTICULATE FILTER AT LOCATION -FIELD INSTALL -ONAN UNIT LOCATED AT CITY HALL, CITY OF BEAUMONT - CONTACT: JOE SHAW @ 951-769-8520 EXT324 - LOCATED AT 550 EAST 6TH STREET, BEAUMONT CA 92223 NOTE: UNIT HAS NOT FUEL AND BATTERY'S BAD, UNIT WILL NEED TO HAVE A PM2 SERVICE PERFORMED, BATTERYS AND FUELED BEFORE DPF CAN BE INSTALLED. - THE PM2, BATTERYS AND FUEL ARE NOT INCLUDED ON THE ESTIMATE. -DP F#J M -CRT(+) -2 -H -B ITO-CS-8-LP -TRAVEL TO LOCATION TO INSTALL DPF AT CITY HALL -FABRICATE DPF MOUNTING FRAME AND INSTALL ON GENERATOR -MOUNT DPF UNIT ON FRAME -FABRICATE AND CONNECT EXHAUST -INSTALL DPF MONITOR SYSTEM -PERFORM LOAD BANK TEST AND GATHER DATA REQUIRED -JPS COMMISSION AND TEST OPERATION AFTER INSTALLATION IS COMPLETED -REGISTER DPF WITH JOHNSON MATTHEY -PARTS -REQUIRED LISTED BELOW: - 8" STRAP CLAMP STAINLESS STEEL - 6" STRAP CLAMP STAINLESS STEEL -8" FLEX 18" LONG 6" CAT FLANGE ONE END, 8" CUFF ON OTHER END -6" CAT NUT BOLT AND GASKET KIT OR OTHER - 8" TUBING 12" LONG WITH 8" ANSI FLANGE ONE END - 8" NUT BOLT AND GASKET KIT - 8" RAIN CAP FOR PIPE -8" RAIN SHIELD -10" ROOF CURVED FLANGE -CONTROL RELAY FOR CRITICAL HIGH PRESSURE SHUT DOWN RELAY BASE -LOW PRESSURE DIFFERENTIAL GAUGE, 0-50" OF WATER -BREATHER VENT 1/8" MALE PIPE THD -BRASS COMPRESSION TUBING TEE FOR 1/4" TUBE OD -STRAIGHT ADAPTER 1/4" TUBE OD X 1/8 MALE PIPE 1/4" TUBING -114" TUBE ODXI/4" NPTF MALE PIPE FITTINGS -DIN RAIL TERMINAL BLOCK FOR FUSE HOLDER -3 AMP ATO FUSE FOR CRTdM 58729 - 1 Page 1 CUSTOM F.R NO_ MItirE . DATE, CONTACT 097550 58729 1/4/2017 JOE SHAW PHQ NO FAX NO. EMAIL 951-769-8520 jshawa.ci.beaumont.ca.us MODEL.. MAKE::, SERIAL NO. DSGAEA035M CU D110206497 • ONIT Mo, -•- WO. NO P O. NO. CITY HALL SEGMENT: 01 CITY OF BEAUMONT NOTES: *******INSTALL JOHNSON MATTHEY PASSIVE DIESEL PARTICULATE FILTER AT LOCATION -FIELD INSTALL -ONAN UNIT LOCATED AT CITY HALL, CITY OF BEAUMONT - CONTACT: JOE SHAW @ 951-769-8520 EXT324 - LOCATED AT 550 EAST 6TH STREET, BEAUMONT CA 92223 NOTE: UNIT HAS NOT FUEL AND BATTERY'S BAD, UNIT WILL NEED TO HAVE A PM2 SERVICE PERFORMED, BATTERYS AND FUELED BEFORE DPF CAN BE INSTALLED. - THE PM2, BATTERYS AND FUEL ARE NOT INCLUDED ON THE ESTIMATE. -DP F#J M -CRT(+) -2 -H -B ITO-CS-8-LP -TRAVEL TO LOCATION TO INSTALL DPF AT CITY HALL -FABRICATE DPF MOUNTING FRAME AND INSTALL ON GENERATOR -MOUNT DPF UNIT ON FRAME -FABRICATE AND CONNECT EXHAUST -INSTALL DPF MONITOR SYSTEM -PERFORM LOAD BANK TEST AND GATHER DATA REQUIRED -JPS COMMISSION AND TEST OPERATION AFTER INSTALLATION IS COMPLETED -REGISTER DPF WITH JOHNSON MATTHEY -PARTS -REQUIRED LISTED BELOW: - 8" STRAP CLAMP STAINLESS STEEL - 6" STRAP CLAMP STAINLESS STEEL -8" FLEX 18" LONG 6" CAT FLANGE ONE END, 8" CUFF ON OTHER END -6" CAT NUT BOLT AND GASKET KIT OR OTHER - 8" TUBING 12" LONG WITH 8" ANSI FLANGE ONE END - 8" NUT BOLT AND GASKET KIT - 8" RAIN CAP FOR PIPE -8" RAIN SHIELD -10" ROOF CURVED FLANGE -CONTROL RELAY FOR CRITICAL HIGH PRESSURE SHUT DOWN RELAY BASE -LOW PRESSURE DIFFERENTIAL GAUGE, 0-50" OF WATER -BREATHER VENT 1/8" MALE PIPE THD -BRASS COMPRESSION TUBING TEE FOR 1/4" TUBE OD -STRAIGHT ADAPTER 1/4" TUBE OD X 1/8 MALE PIPE 1/4" TUBING -114" TUBE ODXI/4" NPTF MALE PIPE FITTINGS -DIN RAIL TERMINAL BLOCK FOR FUSE HOLDER -3 AMP ATO FUSE FOR CRTdM 58729 - 1 Page 1 -2 AMP ATO FUSE FOR BYPASS RELAY CONTROL -END COVER FOR TERMINAL BLOCK FUSE HOLDER -114" TUBE ODX1/4" NPTF 90 DEGREE ELBOW MALE PIPE FITTINGS -EXHAUST DUCT RING 11" -CLEAR VIEW AIR FILTER -DPF SUPPORT FRAME -DPF MOUNTING BRACKET PLATES - WELD ON Parts Part Number Description Qty Unit Price Discount% Ext Price DPF CRT(+) 2 dsgae cummins 8" 1 0.00 0 0.00 flanges MISC MISC SUPPLIES 1 0.00 0 0.00 PART 8" FLEX 18" LONG 6" CAT 0.00 0 0.00 FLANGE ONE END, 8" CUFF PART 6" CAT NUT BOLT AND 0.00 0 0.00 GASKET KIT OR OTHER PART 8" TUBING 12" LONG WITH 8" 1 0.00 0 0.00 ANSI FLANGE ONE END PART 8" NUT BOLT AND GASKET . 0.00 0 0.00 KIT PART 8" RAIN CAP FOR PIPE 1 0.00 0 0.00 PART 8" RAIN SHIELD 1 0.00 0 0.00 PART 10" ROOF CURVED FLANGE 1 0.00 0 0.00 PART CONTROL RELAY FOR 1 0.00 0 0.00 CRITICAL HIGH PRESSURE SHUT DOWN PART RELAY BASE 1 0.00 0 0.00 PART LOW PRESSURE 1 0.00 0 0.00 DIFFERENTIAL GAUGE, 0-50" OF WATER PART BREATHER VENT 1/8" MALE 1 0.00 0 0.00 PIPE THD PART BRASS COMPRESSION 2 0.00 0 0.00 TUBING TEE FOR 1/4" TUBE OD PART DIN RAIL TERMINAL BLOCK 2 0.00 0 0.00 FOR FUSE HOLDER PART 3 AMP ATO FUSE FOR CRTdM 1 0.00 0 0.00 PART 2 AMP ATO FUSE FOR 1 0.00 0 0.00 BYPASS RELAY CONTROL PART END COVER FOR TERMINAL 2 0.00 0 0.00 BLOCK FUSE HOLDER PART 1/4" TUBE ODX1/4" NPTF 90 2 0.00 0 0.00 DEGREE ELBOW MALE PIPE FITTINGS PART EXHAUST DUCT RING 11" 1 0.00 0 0.00 PART CLEAR VIEW AIR FILTER 1 0.00 0 0.00 PART DPF SUPPORT FRAME 1 0.00 0 0.00 PART DPF MOUNTING BRACKET 1 0.00 0 0.00 PLATES - WELD ON PART 1/4 INCH TUBING 10 0.00 0 0.00 STEEL 8" STRAP CLAMP STAINLESS 2 0.00 0 0.00 STEEL STEEL 6" STRAP CLAMP STAINLESS 1 0.00 0 0.00 STEEL Total Estimated Parts: 15,666.05 Labor Item Number Description Qty Unit Price Discount% Ext Price CITY OF BEAUMONT 58729 - 1 Page 2 FSE -1 *-03-** FSE -1 *-03** FSE -1 *-03-** FSE -1 *-03-** M isc Item Number 900-**-**-** MLG** **-** ZN 1 **-03-EG FIELD SERV -ENG -LABOR TO INSTALL DPF FIELD SERV -ENG -LABOR FOR TEST AFTER INSTALL FIELD SERV -ENG -TRAVEL TIME FIELD SERV -ENG - ENGINEERING AND LOAD BANK TESTING 60 10 12 1 120.00 120.00 120.00 3,000.00 Total Estimated Labor: 0 0 0 0 Description Qty Unit Price Discount% INCOMING FREIGHT- 1 500.00 0 ESTIMATED FREIGHT CHARGE MILEAGE -TRUCK CHARGE 1 750.00 0 TRAVEL ZONE CHG1-ZONE 6 100.00 0 CHARGE Total Estimated Misc: Segment 01 Total: 7,200.00 1,200.00 1,440.00 3,000.00 12,840.00 Ext Price 500.00 750.00 600.00 1,850.00 30,356.05 Total Segments: 30,356.05 Sub Total (before taxes) 30,356.05 -This estimate will expire 30 days from the estimate date. -Price excludes Travel, Transportation, Zone Charge and Freight Charges. -Sales Taxes where applicable are not Included with the above prices. -Parts removed during repair wW be scrapped unless the customer requests they be returned upon completion of the job. -Additional Parts or Labor excluded from estimate. ESTIMATED REPAIR TIME: from start date "The signature is an authorization to proceed with the required repair work as described within the estimate and 1 agree to the Terms and Conditions posted at www.johnson-machinely.com . Printed copies can be obtained upon request" lssed PO#: Authorized Name Please Print Date / / (Signature) Prepared by: Robert G. Garda Phone: (951)757-9229 Email: Garcia Robertajohnson-power.com Fax: CITY OF BEAUMONT 58729 - 1 Page 3 1210 North Red Gum Street Anaheim, CA 92806 Phone: 888.970.0007 Fax: 800.784.8318 www.powerplus.com City of Beaumont 550 E. 6th St Beaumont, CA 92223 RE: Civic Center Diesel Particulate Filter Quote #: 1459 Mr. Shaw, February 21, 2017 We are pleased to provide you with a proposal for to bring your existing 200KW up to SCAQMD standards. I would like to arrange a time when we can review this quotation together and fully explain the benefits and entitlements that come with a Power Plus solution. As you read through the quotation, we ask that you review the applicable scopes of work and verify that we have adequately addressed your requirements. As an integrator of critical power service we feel it is important for you to understand what the capabilities of your selected service provider are. At Power Plus we provide: National turnkey generator installations Consulting services Conceptual design, engineering and permitting End of life analysis program Strategically located parts depots and regional offices throughout the U.S. 7/24i365 National Operations Center for rapid emergency response We believe as you evaluate our proposal you will find that we can support your critical power needs with an integrated service offering unmatched in the industry. 1 welcome any questions or clarifications you may have regarding this proposal or any additional products or services we can offer you. Thank you for your time and consideration. Regards, Lf`a'G #46/e - Eric Heiliger Director of Business Development 0: 951.520.4953 C: 909.821.8017 eheiliger@powerplus.com 1 Power Plus 888.970.0007 www.powerplus.com 1210 North Red Gum Street Anaheim, CA 92806 Phone: 888.970.0007 Fax: 800.784.8318 www.powerplus.com Proposal Summary: Diesel Particulate Filter, Support Structure & Misc. Material $17,387.41 AQMD Application $4,560.00 Equipment, Labor and Overhead $20,692.00 Sub -Total $42,639.41 Sales Tax @ 7.75% $1,347.52 Project Total (USD) $43,986.93 Notes: 1.) Sales tax is included 2.) Labor rates are quoted as prevailing wage 3.) Pricing includes freight 4.) Pricing includes the fabrication and installation of a steel support structure for DPF mounting 5.) Pricing includes 376 gallons of diesel fuel 6.) Pricing includes the partial removal of any trees overhanging the generator 7.) Pricing includes a full level 2 service of the generator 8.) Pricing includes factory approved startup and commissioning 9.) Pricing includes the re -installation of required fuel tank venting 10.) Equipment lead time is 3-4 weeks 11.) Customer to provide secure staging area 12.) Pricing does not include unit mounted loadbank, recommended by the manufacturer 13.) Pricing does not include mass mailing if required by AQMD 14.) Shipping, offloading and installation included 15.) Generator will be 100% load banked prior to delivery 16.) 1 year,2,000 hour manufacturer standby warranty is included 17.) Annual preventative maintenance costs are extra but recommended All labor costs will be billed with NET 30 terms. Quoted prices include normal testing, packaging and instructional literature. Special testing, packaging, additional instructional literature, parts, provisioning lists or prints are not included, and prices will be quoted separately. Quotation firm for 30 Day(s) TERMS AND CONDITIONS OF PURCHASE: Power Plus 888.970.0007 www.powerplus.com 1210 North Red Gum Street Anaheim, CA 92806 Phone: 888.970.0007 Fax: 800.784.8318 www.powerplus.com Note: All KW and KVA ratings are based upon sea level elevation conditions; Power Plus is not responsible for sizing of generator without engineered drawings provided Specifications: This quote is based on our understanding of your specifications which are documented in our records. These specifications are subject to approval by local jurisdictions and may or may not meet all jobsite requirements. Credit: Credit is subject to Power Plus approval in its sole discretion. This quote in no way constitutes approval of credit. Terms and Conditions Generator Purchases — Payment terms: 50% Deposit due prior to equipment order with balance due Net 15 days upon notice of shipment from factory. Services and Parts — Payment terms: Net 30 days from invoice date. Above payment terms subject to all of the Credit Terms contained in our Credit Application and this document (1 '/2% per month will be charged on past due accounts). Construction and building materials to be progress billed monthly based upon percentage of completed work until final. All residual and.or retained monies shall be released upon final inspection (jurisdictional) signatures. Partial shipments will be invoiced proportional to total quoted price, payable 30 days after shipment. Note: If your job conditions or schedule result in partial or incomplete shipment of products and equipment provided by Power Plus, you will be invoiced according to the dollar value of the shipped items. These invoices then become due and payable 30 days after shipment and not when the job is completed. All purchase orders must reference our quotation and be acknowledged in writing by Power Plus to be deemed accepted. 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This quote (#1459) is accepted by: (Company name) On this day of , 2017 (Signature) (Print name) (Print title) Power 888.970.0007 www.powerplus.com LIC:A/B 881123 FIN:562620017 AniConstruction and Inspection PROPOSAL 8264 AVENIDA LEON RANCHO CUCAMONGA, CA 91730 TEL (909) 331-2249 FAX (909)987-7519 PROPOSAL SUBMITTED TO: Name: CITY OF BEAUMONT Phone: 909 202 5981 Date: 3/02/17 Street: 550 E 6T" STREET City: BEAUMONT State: CA Zip: 9223 1 propose to furnish all materials and perform all labor necessary to complete the following: POLICE STATION GENERATOR REPLACEMENT DISCONECT AND REMOVE EXISTING GENERATOR,ATS, CONCRETE PAD INSTALL NEW CONCRETE PAD, UNDERGROUND CONDUIT PROVIDE AND INSTALL NEW GENERAC 50KW RATING, WIRED FOR 120/208 VAC 3PHASE, 60HZ, WITH 48H FUEL TANK AND 200AMP ATS TOTAL: $72,000 AQMD PERMIT FEE -$6,000 ALTERNATE 1 (PM FILTER) -$11,840 EXCLUSIONS: NO NEW FEEDERS AND WIRE INCLUDED IN THIS PROPOSAL WALL PENETRATIONS, REPAIRS, TEMPORARY POWER AND LIGHTING PERFORMANCE AND PAYMENT BONDS Any alterations or deviation from the above specifications involving extra cost of material or labor will be executed upon written order for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made "in writing. Labor guaranteed 30 days unless otherwise stated Customer accepts proposal as contract Customer has the right to cancel within three days of signing this contract Labor guaranteed 30 days unless otherwise stated. LIC:AIB 881123 FIN:562620017 A penalty will be charged at the rate of 11.2 % per month on unpaid balances after 30 days of invoice date. Annual percentage rate 18% Authorized Signature Agenda Item No. 21 Staff Report TO: Mayor and City Council Members FROM: Director of Public Works / City Engineer DATE: April 18, 2017 SUBJECT: Approval of Finance Plan and Amendments of Contracts to Various Consultants for the Potrero Interchange Project Background and Analysis: On January 3, 2017, the City Council conducted a workshop on the status of the Potrero/SR60 Interchange Project (Project). Landowners of properties adjacent to the Project spoke at the meeting and indicated their intent to bridge the funding gap between available grants and the total cost of Phase 1 of the Project. The funding gap is estimated at $8.5 million (Table 1 below). City Council directed staff to proceed with the Project under the condition that the property owners made a firm commitment to contribute the necessary funds to complete the first phase of the project. On February, 2017, the City Council approved MOUs with several property owners in the vicinity of the Project indicating their intent to enter and provide the gap funding. The MOUs specify that the landowners would receive impact fee credits from either TUMF or City Road and Bridge fees equal to the amount(s) contributed, as applicable. City Staff has met with most of the property owners in last few weeks and has worked out details for their financial contributions toward the funding gap. These details will be included is a formal contract scheduled for City Council consideration on May 2, 2017. Following is the anticipated schedule for funding and the formation of a fee and assessment district(s) necessary for the completion of the Project and to secure TUMF fee credits: 1. Property owners enter into reimbursement/fee credit agreements by May 2, 2017 reimbursement/fee credits committing to deposit their proportional share of funds by August 31, 2017. 2. City and property owners initiate formation of a community facilities district for landowner reimbursement of contributed funds (anticipate that the district is finalized by September 2017). 3. Property owners submit cash to the City by August 31, 2017. 4. City proceeds with formation of a Road and Bridge Benefit District (RBBD) to allow fees, including TUMF, to be credited for Phase 1 of the Project and to fund future phases. Table 1 below shows a detailed finance plan for phase 1 of the project: TABLE 1 Finance plan Item PS&E Phase Roadway and structure Right -of -Way / Utilities Contingencies Subtotal Capital Outlay Support Environmental Mitigation Financing and other costs Totals Grant Funds Available DEMO-SAFTEA-LU* Section 125- Surface Transportation Priorities Section 129- Surface Transportation Priorities STP Local Program STP Program Total Grant Private partner Contribution $1,440,000 $855,000 $1,470,000 $8,928,000 $750,000 Phase! $600,000 $15,000,000 $100,000 $3,000,000 $18,700,000 $2,160,000 $100,000 $983,000 $21,943,000 $13,443,000 Phase II $1,100,000 $16,500,000 $0 $3,000,000 $19,600,000 $2,220,000 $0 $0 $21,820,000 Wolverine (Received) RSI ( Heartland) Others Sub Total Private partner Owner Total Funds City Contribution (Future Impact Fees) Expenditures to date * Grand Total $ 652,644.00 $ 1,700,000.00 $ 6,147,356.00 $ 8,500,000.00 $21,943,000 $0 $13,000,000 $33,960,000 $21,820,000 $23,320,000 Staff is working to complete the plans and specifications (PS&E) for Phase 1 and is securing the required approvals from CalTrans to bid the Project in 2017. On January 3, 2017 City staff presented costs of completing the PS&E for Phase 1. Table 2 below shows expenditures to date and the remaining costs to complete the PS&E: Task Completion of Design Environmental Revalidation Surveying Project Management Right of Way acquisition Sub -total Completion of Design Environmental Revalidation Surveying Project Management Right of Way acquisition Sub -total Contingencies Total TABLE 2 PS&E PHASE PHASE 1 1&2 1&2 1 1&2 1 Interim Interim Interim Interim Interim Encumbered to date $110,000 $18,600 $10,000 $70,000 $25,300 $233,9oo $0 $0 $0 $50,000 $0 $0 $233,900 Anticipated additional $131,000 $2,000 $15,000 $60,000 $40,000 $248,000 $40,000 $5,000 $10,000 $o $15,000 $50,000 $298,000 Total $241,000 $20,600 $25,000 $130,000 $65,300 $481,900 $40,000 $5,000 $10,000 $50,000 $15,000 $120,000 $50,000 $651,900 In meeting with Caltrans on April 12, 2017, Caltrans staff indicated the plans and specifications for Interim Phase of the Project must be completed concurrently with the PS&E for Phase 1. Staff has included costs associated to prepare the Interim Phase plans as well. The completion of the Interim Phase plans will require amendments to existing contracts with the City's design consultants: 1. Mark Thomas Associates - original contract in the amount of $110,000 to complete the design plans for Phase 1. Substantial revisions are needed and an additional $131,000 is needed to complete the PS&E. 2. LSA - original contract in the amount of $18,600 to revalidate environmental documents for Phase I. An additional $7,000 is needed for the additional work for the Interim Phase. 3. Dennis Janda. Inc. - original contract in the amount of $10,000 to complete right of way documents and other surveying related tasks. An additional $15,000 is needed to complete the design for Phase 1 and an additional $10,000 is requested for Interim Phase. 4. IDC - original contract in the amount of $120,000 for project administration services for Phase 1. An additional $60,000 is needed to complete Phase 1 of the Project. 5. Epic Land Solutions - original contract in the amount of $235,000 for right-of-way acquisition for Phase 1. An additional $40,000 is needed for work on Phase 1 and $10,000 for work on the Interim Phase. 6. Staff also recommends approving a contract with TRC solutions in the amount of $35,000 to complete the design for the Interim Phase. The original plans for the Interim Phase were prepared by Mark Thomas and Associates and must be updated and submitted to Caltrans within 30 days to keep the Project on schedule. TRC plans may be completed in four weeks and submit to Caltrans for review. Fiscal Impact: An additional allocation of $298,000 from Bridge and Road Impact Fees is requested. Finance Director Review: Recommendation: 1. Approve Finance plan as shown in Table 1 above 2. Authorize City Manager to amend the following contracts as follows: a. Mark Thomas additional $131, 000 for a total of $241,000. b. LSA additional $7000 for a total of $25,600. c. Dennis Janda, Inc. additional $25,000 for a total of $35,000. d. IDC additional $65,000 for a total of $180,000. e. Epic Land Solutions additional $50,000 for a total of $75,300. 3. Authorize the City Manager to negotiate and execute a contract with TRC Solution in the amount of $35,000 to complete the plans for the Interim Phase. City Manager Review: Agenda Item No. 25 Staff Report TO: Mayor and Council Members FROM: City Manager, Todd Parton DATE: April 14, 2017 SUBJECT: Approve City Council Goal Statements and set the time and date for a FY2018 Budget Workshop Background and Analysis: Attached is the final draft of the City Council Goal Statements. They have been updated to incorporate City Council's input. City staff is also finalizing the first draft of the FY2018 budget and anticipates having a draft copy to submit to the City Council by Friday, April 21. City staff proposes to schedule a City Council FY2018 budget workshop for Thursday, April 27. Fiscal Impact: No fiscal impact at this time. Finance Director Review: Recommendation: Approve the City Council Goal Statements and set a FY2018 budget workshop for Thursday, April 27. City Manager Review: Attachment: 1. City Council Goal Statements 4-14-17 City of Beaumont FY201$ Budget Workshop — 3/27/17 (Updated 4/14/17) Draft City Council Goal Statements: 1. Public Safety — Ensure that Beaumont maintains its reputation as a safe community and evolves to meet the needs of its residential and commercial growth. a. Police Services i. Police Sub Stations ii. Patrol Officer Ratio of 1 Patrol Officer/1,000 Populations iii. Neighborhood Watch iv. Gang Task Force v. Canine vi. Vehicle Replacement b. Fire Services i. West Side Fire Station c. Animal Control Services d. Emergency Management Services i. Emergency Services ii. Emergency Management e. Code Enforcement Services Page 1 of 7 T. Quality of Life — Enhance and maintain Beaumont's natural beauty and offer parks and recreation services that addresses the needs for every citizen. a. Community Beautification i. Code Enforcement ii. Community Clean Up 1. Improve View from Freeways a. Sound Walls b. Visual Appeal 2. Clean Up Gateways iii. Landscaping 1. Installation of Landscape a. Primary Corridors b. Gateways 2. City Landscape Maintenance in Public Rights -of -Way iv. Quiet Zones b. Parks and Recreation i. Sports Fields ii. Full Service Parks 1. Restroom Facilities 2. Enhance Community Recreation Center(s) 3. Enhance Swimming Pool(s) iii. Open Spaces 1. Advertise 2. Expand Use(s) iv. Hike and Bike Trails v. Programs 1. Healthy City Initiative 2. Special Events a. Cherry Valley Festival b. 4th of July Celebration c. Lighted Parade 3. Expand Senior Programs 4. Expand Youth Programs a. Sports i. Swimming ii. Basketball iii. Other b. After School c. Summer Camp/Breakfast Page 2 of 7 3. Economic Development — Create an economically balanced community to achieve fiscal sustainability. a. Business Services i. Business Growth 1. Business Incubators ii. Development Facilitation 1. Plan Check 2. Inspectors iii. Wifi System b. Specific Website c. Downtown Redevelopment d. Trade zones Page 3 of 7 4. Community Services — Provide core services to the community that ensure Beaumont remains a desirable place to live, work and play. a. Transportation i. Regional Transportation 1. Integrate Local System with Regional System 2. Mitigate Impacts of Local Development 3. Grade Separations at Railroad Crossings H. Street Maintenance Program 1. Proactive Pavement Management 2. Proactive Pothole Repair 3. Sidewalk Maintenance 4. Street Sweeping 5. Street Sign Maintenance iii. Multi -Modal System 1. Bike Lanes 2. Pedestrian Walkways (Sidewalks) 3. Safe Routes to Schools iv. Transit Services 1. Evolve System to Meet Changing Local Demand a. Bus Routes b. Transit Services c. Points of Interest i. Local ii. Regional 2. Integrate w/Area Agencies 3. Rail Stop a. Options for Location w/in the City b. Regional Benefits for Location w/in the City b. Community Wifi System i. Develop City -Wide Infrastructure ii. Ads c. Homeless/Transient Program(s) d. Public Information Program 1. City Website 11. Community Marketing iii. Transparency of Tax Dollars e. Economic Development 1. Full -Time Staff ii. Certified/Credentialed f. Community Arts and Culture i. Establish a Signature Community Art Event Page 4 of 7 5. Sustainable Community — Ensure that city resources are maximized and deployed in a manner that meets Beaumont's long-term needs. a. Wastewater 1. Maximize Use of Recycled Water ii. Expand Sewer Capacity 1. Short -Term 2. Long -Term iii. Grey Water Systems b. Water Supply c. Planning i. Comprehensive Planning Program 1. Integrated w/Region a. Collaborative Efforts 2. Recreational Needs 3. Adequate Staffing ii. Facilities Master Plan iii. Downtown Redevelopment iv. Technology Plan/Strategy d. Green Community i. Energy Oasis 1. Solar Power 2. CNG Distribution 3. Vehicle Charging Stations ii. Open Spaces 1. Preserve Greenbelts 2. Connect Community to Open Spaces and Greenbelts e. Adequate Staffing i. Recruitment/Retention 1. Staffing to Meet Level of Service Demands/Requirements 2. Compensation and Classification Study ii. Consultants 1. Streamline 2. Roll Out a. Replace w/In-House Staffing b. Eliminate Where Services are No Longer Needed f. Finance i. Expand Staff to Meet Needs ii. Establish Appropriate Reserves 1. General Fund 2. Sewer Fund 3. Insurance Programs Page 5 of 7 4. Capital Replacement iii. Restructure Long-Term Debt 1. Refinance Bonds 2. Reconstruct the City's Bond Programs iv. Pursue Alternative Sources of Funding 1. Grants g. Risk Management i. Insurance ii. Manage Risk Page 6 of 7 6. Intergovernmental/Interagency Relationships — Work with local agencies to achieve common goals and leverage area resources. a. Cooperative Planning Efforts i. Land Use ii. Transportation iii. Transit iv. Open Space b. Joint Facilities Agreements i. BUSD ii. Fire Stations/Services c. Regional Events i. Bike Classic d. Regional Partnerships for Homeless Issues e. Coordinate w/Water District i. Secure Long-Range Water Supply ii. Accommodate Growth Page 7 of 7 Agenda Item No. 24 Staff Report TO: Mayor and City Council Members FROM: Community Development DATE: April 18, 2017 SUBJECT: RFP for Civic Plaza Facility Needs and Downtown Beautification Study Background and Analysis: The City of Beaumont's Civic Center serves a wide variety of city functions. In addition to the recreation and community service needs, it also functions as the City's administrative and operational headquarters. City functions housed at the Civic Center include: City Council Chambers, City administration, planning, public works, utility billing animal control and transit. There have not been any significant changes made to the Civic Center in recent years and the Civic Center campus is reaching its ability to meet the demands of a growing city. There is now a great need to evaluate the city facilities, make a professional assessment and create a master facility plan to meet the City's current and future needs. This assessment will consider use of all existing buildings on the Civic Center campus and propose modifications as needed. The study will also consider the City's current needs for facilities, including the police department, as well as the City's need at ultimate build out, The study will also involve downtown beautification concepts and City monument locations. As part of this assessment, themes and concepts for landscaping and beautification of downtown will be developed to match the Civic Center building. These themes and ideas will be utilized to develop a plan for the revitalization of Sixth Street, Beaumont Avenue and I-10/Beaumont Avenue on and off ramps. Fiscal Impact: There is no fiscal impact due to solicitation of the proposal. QP2712)--------' Finance Director Revi Recommendation: 1. Approve the Attached RFP, and direct staff to publish the RFP to the solicit proposals. City Manager Review: Attachment A. RFP for the City's Civic Plaza Facility's Needs and Downtown Beautification Study Attachment "A" Scope of work and proposal CITY OF BEAUMONT 550 E. Sixth Street, Beaumont, CA 92223 Phone: (951) 769-8518 Fax: (951) 769-8526 REQUEST FOR PROPOSAL FOR CIVIC PLAZA FACILITY NEEDS AND DOWNTOWN BEAUTIFICATION STUDY CITY OF BEAUMONT COMMUNITY DEVELOPMENT Kyle Warsinski 550 E. 6th Street - Beaumont, California 92223 (951) 769-8520 E-mail address: kylewn.ci.beaumont.ca.us Proposals Due By: 2:00 pm Thursday, May 25, 2017 Page 1 1. INTRODUCTION CITY OF BEAUMONT REQUEST FOR PROPOSAL CIVIC PLAZA FACILITY NEEDS AND DOWNTOWN BEAUTIFICATION STUDY The City of Beaumont (City") requests written responses to a Request for Proposal (RFP) for selection of a qualified firm ("Consultant") to provide Professional Engineering Services for the City's Facilities Needs and Downtown Beautification Assessment Project. The Consultant will be expected to provide renderings, conceptual plans, and an estimate of probable design and construction costs for the Project. Consultant firm will perform assessments of all Cities' buildings at the Beaumont Civic Center and downtown beautification theme, and provide renderings, conceptual plans and estimates for design and construction for the project. 2. THE CITY OF BEAUMONT The City was incorporated in November, 1912. The City is located in the San Gorgonio pass portion of western Riverside County and 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 26 square miles. 3. PURPOSE The purpose of this RFP is to acquire a Consulting firm for City's Facilities Needs and Downtown Beautification Assessment Project. The firm shall assess City Hall Building, Police Department Building, Transit Building, Animal Shelter, Building E, Two Modular Buildings and Building F. The Consulting firm shall also provide conceptual design renderings to beautify the street scapes in the Downtown area nearby the Civic Center, including 6th Street, Beaumont Avenue and I-101Beaumont Avenue on and off ramps. 4. SCOPE OF SERVICES The following items and tasks will be part of the project scope of services. 1. Gather info on office and other professional services need for the City. 2. Create inventory of all buildings in Civic Center Plaza and document current uses with details. 3. Preliminary space analysis for following division: a. Police b. Admin offices c. Permit Center d. Customer Service e. Animal care f. Transit Page 2 g. Conference rooms h. City Council chamber 4. City Hall and Building E to remain and repurpose. 5. Potential demolition of Building E and replacement building. 6. Create a Plaza and courtyard between City Hall and Building E. 7. Propose new facade on City Hall and Building E. 8. Historic characteristics of City Hall and Downtown shall be preserved and used as a basis for all other building concepts in campus. 9. Indentify and purpose "Grand" north entrance to City Hall and matching south entrance on Building E. 10. Prepare conceptual landscape, fencing, signage, beautification plans for Civic Center Plaza. a. The plan shall include treatment to streets fronting the Civic Plaza, Beaumont Avenue (I- 10 to 8th Street), and 6th Street (Beaumont Ave to Civic Center Plaza). b. Include medians, walkways, landscaping and lighting. c. Plan should be designed with no physical constrains or limits from existing development. 5. ADDITIONAL CONSULTANT RESPONSIBILITIES The Consultant shall be responsible for completing the specified services in accordance with the City's Professional Services Agreement (Attachment C). 6. TERM The initial term of the agreement shall be determined upon need of services and consistent with City's policies. 7. PROPOSAL REQRUIREMENTS The proposal shall clearly address all of the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below. A. Cover Letter: Maximum of two pages serving as an Executive Summary which shall include an understanding of the scope of services. The RFP shall be transmitted with a cover letter that must be signed by an official authorized to bind the consultant contractually. That letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the consultant. The cover letter constitutes certification by the consultant, under penalty of perjury, that the consultant complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the consultant may be rejected. B. Introduction/information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished. Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating firms and proposed sub -consultants shall be identified and included in the proposal (all sub -consultants must be approved by City prior to signing the agreement with City). Page 3 C. The firm's approach to delivering the scope of services. Provide a description of the firm's approach to communicating effectively with City staff and officials, other jurisdictional stakeholders, and the public, to facilitate successful delivery of assigned tasks. D. Firm Profile: Provide a description of the firm, including number of professional personnel, years in business, office location(s), organizational structure (e.g., corporation, partnership, sole practitioner, etc.), areas of particular expertise, etc. E. Location of principal office that will be responsible for the implementation of this contract. F. Resume of the Lead Consultant. Key Personnel: Provide a summary description of the key personnel who will be involved in this project, their roles and responsibilities, and their experience in similar past projects. The proposal must name a project manager. In addition to this summary, full resumes should be provided. G. Three to five references to include: name, address, contact person and phone number of the company, length of time services were provided, and a description of the services provided. In addition, the Financial Adviser shall provide a statement of the most relevant previous financings. H. Scope of Services: Provide a description of the tasks, sub -tasks, and deliverables that will be provided. The Scope of Work Program should be presented in a logical format that can be easily attached to the Professional Services Agreement. I. Project Schedule: Provide a comprehensive Critical Path Method (CPM) schedule describing the nature and estimated time line of proposed work objectives and milestones. J. Cost proposal (including hourly rate) shall be submitted in a separate sealed envelope. This should include a not to exceed fee amount and fee schedule for services and hourly billable costs. K. Any other information which should be considered, such as any special services or customer service philosophy which define your firm's practice. L. The firm will be required to have professional liability insurance including liability at a minimum of one million per occurrence, worker's compensation, and vehicle coverage including comprehensive and collision insurance naming the City of Beaumont as additional insured. The proposal shall state whether such insurances will be in force at time of contract execution. 8. SUBMITTAL Six (6) bound copies, one (1) unbound copy and one (1) color digital pdf copy (flash drive) of the proposal must be submitted no later than 2:00pm, Thursday, May 25, 2017. Postmarks and faxes are not acceptable. Proposal must be titled "RFP Professional Engineering Services for Civic Plaza Facility Needs and Downtown Beautification Study." All proposals and questions regarding this RFP shall be directed in writing to: Page 4 Kyle Warsinski kylewCa ci.beaumont.ca.us City of Beaumont 550 E. 6'h Street Beaumont, CA 92223 No postmarked proposals will be accepted. Once submitted, proposals, including the composition of the consulting staff, cannot be altered without prior written consent of the City. All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum of 25 pages, using minimum 12 -point font size. Electronic copies of the proposal will not be accepted. *DUE DATE FOR QUESTIONS IS May 11, 2097, AT 12:OOpm. There will be a Pre -Proposal Mandatory meeting held on May 4, 2017, in Conference Room # 3 at 10:OOam to 11:OOpm. All questions and answers will be posted on the City's website under "Doing Business" — "Bids and RFPs" within one week of the question due date. 9. CONFIDENTIALITY Prior to the proposal submittal deadline, all proposals will be designated confidential to the extent permitted by the California Public Records Act. After the proposal submittal deadline, all responses will be regarded as public record and will be subject to review by the public. Any language purported to render confidential all or portions of the proposals will be regarded as non -effective and will be disregarded. 10. AMENDMENTS TO REQUEST FOR PROPOSALS The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date. 11. NON -COMMITMENT TO CITY The City reserves the right to reject any and all proposals and to waive informalities and minor irregularities in any proposal reviewed. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into final contract. 12. CONFLICT OF INTEREST The Consultant shall disclose any personal or professional financial, business, or other relationships with the City that may have an impact on the outcome of this contract or any resulting project. The consultant shall also list current clients who may have a financial interest in the outcome of this contract. 13. PROPOSAL EVALUATION/SELECTION The City intends to engage the most qualified consultant available that demonstrates a thorough understanding of the City's needs. City staff will use the following criteria to evaluate the proposals: Page 5 1. Understanding the scope of services 2. Demonstrated professional skill and credentials 3. Related Experience 4. Quality of Proposal 5. Approach to performing this type of service 6. Familiarity with City, County, State procedures 7. References/satisfaction of previous clients Available Points = 10 Available Points = 15 Available Points = 20 Available Points = 10 Available Points = 20 Available Points = 15 Available Points = 10 Total Points Available = 100 The City may request a qualification interview with the highest ranked consultant(s) prior to determining the final ranking. This selection will be conducted according to the City's adopted procedures. The City reserves the right to reject any and all proposals. Attachments A. Exhibit A- Professional Services Agreement Page 6 Exhibit "A" Professional Service Agreement AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the day of , 2017, by and between the CITY OF BEAUMONT ("CITY") whose address is 550 E. 6th Street, Beaumont, California 92223 and whose address is ("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 and B. CONTRACTOR has made a proposal ("Proposal") to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit "A"; and C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Not with standing anything in this Agreement, this Agreement shall automatically terminate after one (1) year 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: and any other services which the City may request in writing from time to time. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates as CONTRACTOR'S professional responsible for overseeing the Services provided by CONTRACTOR. 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR's sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY. Page 1 of 10 4. Compensation. 4.01 CITY agrees to pay CONTRACTOR the amount as set forth in the Proposal $ . 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. Not with standing anything in this Section 4, total fees and charges paid by CITY under this Agreement shall not exceed amount to be determined as needed without approval by the City Council of CITY. 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 (1 5th) 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 advice 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 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 2 personnel, materials and equipment required to perform the Services. CONTRACTOR shall provide its own offices, telephones, vehicles and computers and set its own work hours. CONTRACTOR will determine the method, details, and means of performing the Services under this Agreement. 5.03 CONTRACTOR shall keep CITY informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by CITY, CONTRACTOR shall prepare written status reports. 5.04 CONTRACTOR is responsible for paying, when due, all income and other taxes, fees and withholding, including withholding state and federal taxes, social security, unemployment and worker's compensation, incurred as a result of the compensation paid under this Agreement. CONTRACTOR agrees to indemnify, defend and hold harmless CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR's failure to comply with this provision. 5.05 In the event CONTRACTOR is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations. 5.06 CONTRACTOR represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein. In the event CITY is required to obtain an approval or permit from another governmental entity, CONTRACTOR shall provide all necessary supporting documents to be filed with such entity. 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 CONIRACTOR's employees are eligible to work in the United States. 5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY's advance written approval. 5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace. 5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder. 3 6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal -OSHA. Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance: 6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured's CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6. 6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR's employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 6.03 Workers' Compensation coverage for any of CONTRACTOR's employees that will be providing any Services hereunder. CONTRACTOR will have a state -approved policy form providing statutory benefits as required by California law. The provisions of any workers' compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents. 6.04 Optional Insurance Coverage. Choose and check one: Required _X_ /Not Required ; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY. 7. General Conditions 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 4 minimum A.M. Best rating of "A:VII"). The insurer(s) shall be admitted and licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY. 7.04 Self-insurance does not comply with these insurance specifications. CONTRACTOR acknowledges and agrees that that all insurance coverage required to be provided by CONTRACTOR or any subcontractor, shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to CITY. 7.05 All coverage types and limits required are subject to approval, modification and additional requirements by CITY, as the need arises. CONTRACTOR shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect CITY's protection without CITY's prior written consent. 7.06 CONTRACTOR agrees to provide immediate notice to CITY of any claim or loss against CONTRACTOR or arising out of the Services performed under this Agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY. 8. Indemnification. 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. 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 5 to be an employee of CITY. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY. b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 9. Additional Services, Changes and Deletions. 9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services. CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing. 9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council. 10. Termination of Agreement. 10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days' written notice to CONTRACTOR. 10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY. 11. Status of CONTRACTOR. 11.01 CONTRACTOR shall perform the Services in CONTRACTOR's own way as an independent contractor, and in pursuit of CONTRACTOR's independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY's City Manager as provided for in this Agreement. 11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY's employees, including disability or unemployment insurance, workers' compensation, retirement, Colliers, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, 6 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 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. 7 13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY's conflict of interest policy. 13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, in addition to any other relief to which that party may be entitled. 13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. 13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor. 13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement. 13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. 8 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 By: By: Alfred Lloyd White, Mayor Print Name: Title: 9 EXHIBIT "A" PROPOSAL 25 5 -E 74 p A T T R NE YS To: City Council From: John 0. Pinkney, City Attorney Date: April 18, 2017 Re: Status of City of Beaumont Litigation Pending Litigation 1. Oak Tree Alternative Care v. City of Beaumont, Case No. RIC 1109687 A. Oak Tree Alternative Care, Plaintiff and Respondent, vs. City of Beaumont Office of Administrative Appeals, Defendant; City of Beaumont, Real Party in Interest and Appellant (4th District Court of Appeal, Division 3, Case No. G052266 ) (9/14/16 — Oak Tree filed a Petition for Review to the California Supreme Court). 2. Rosemary Morgan et al. v. Beaumont Police Department et al. Case no. RIC 1118540 (Trial Stage) 3. The Hupp Cases A. Paul Hupp v. City of Beaumont et al., USDC Central Case No. 5:14-cv-01303-VAP-SP (Pre -Trial Stage) B. Paul Hupp v. Hubbs, City of Beaumont, et al., USDC Central Case No. 5:14-cv- 02560-VAP-SP (Appeal Stage) C. Aristea Hupp v. Solera Oak Valley Green Association et al., Case No. RIC 1512779 (Appeal Stage) D. Aristea Hupp v. Solera Oak Valley Green Association et al., Case No. ED CV16- 00370 (Appeal Stage) E. Aristea Hupp v. Solera Oak Valley Green Association et al., Case No. RIC 1515215 (Pleading Stage) 4. Monique Hernandez, et al. v. City of Beaumont, EDCV 13-00967 DDP (Subrogation Complaint— Pre -Trial Stage) 6. Charles Peters dba Pioneer Mobile Village v. City of Beaumont et al., Case No. SC126064 (Pleading Stage) 7. The Timeteo Land Development Cases A. Sierra Club v. City of Beaumont, Case No. RIC 1613142 (Pleading Stage) B. Laborers International Union of North America, Local Union No. 1184, v. City of Beaumont et al., Case No. RIC 1611674 (Pleading Stage) 8. Ramon Osorio v. City of Beaumont, et al., RIC 1611674 (Pleading Stage) 9. CitiMortgage, Inc. v. Beaumont et al., Case No. RIC 1614380 (Pleading Stage) 2