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HomeMy Public PortalAboutCC Agenda Packet 02.21.2023 CITY COUNCIL REGULAR SESSION AGENDA Tuesday, February 21, 2023 Regular Meeting: 6:00 PM 550 E. Sixth Street, Beaumont, CA 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. MEETING PARTICIPATION NOTICE This meeting will be conducted utilizing teleconference communications and will be recorded for live streaming as well as open to public attendance subject to social distancing and applicable health orders. All City of Beaumont public meetings will be available via live streaming and made available on the City's official YouTube webpage. Please use the following link during the meeting for live stream access: beaumontca.gov/livestream Public comments will be accepted using the following options. 1. Written comments will be accepted via email and will be read aloud during the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Comments can be submitted anytime prior to the meeting as well as during the meeting up until the end of the corresponding item. Please submit your comments to: nicolew@beaumontca.gov 2. Phone-in comments will be accepted by joining a conference line prior to the corresponding item of the meeting. Public comments shall not exceed three (3) minutes unless otherwise authorized by City Council. Please use the following phone number to join the call (951) 922 - 4845. 3. In person comments subject to the adherence of the applicable health orders and social distancing requirements. In compliance with the American Disabilities Act, if you require special assistance to participate in thismeeting, please contact the City Clerk's office using the above email or call (951) 572 - 3196. Notification 48 hours prior to a meeting will ensure the best reasonable accommodation arrangements. Pages REGULAR SESSION A.CALL TO ORDER Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White Report out from Closed Session Action on any Closed Session Items Action of any Requests for Excused Absence Pledge of Allegiance Invocation Adjustments to the Agenda Conflict of Interest Disclosure B.ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS / CORRESPONDENCE B.1 Recognition of Officers’ Actions During a “Deputy Down” Call C.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 it 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 City Council from discussing or taking actions brought up by your comments. D.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. D.1 Ratification of Warrants 7 Recommended Action: Ratify Warrants dated: January 26, 2023 February 6, 2023 February 13, 2023 D.2 Approval of Minutes 49 Recommended Action: Approve Minutes dated February 7, 2023. D.3 City Council Annual Review of Professional Services Contract List 56 Active list of contracts for professional services for review, per Municipal Code 3.02.070. Recommended Action: Receive and file. D.4 Determination of Use Per Beaumont Municipal Code Chapter 17.02.020 60 Page 2 of 424 Determination of use for a “Cigar Lounge” as required per Beaumont Municipal Code Chapter 17.02.020. Recommended Action: Concur with staff’s determination of use for cigar lounges as presented in the staff report. D.5 Determination of Use per Beaumont Municipal Code Chapter 17.02.020 62 Determination of use for “Axe Throwing” per Beaumont Municipal Code Chapter 17.02.020. Recommended Action: Concur with staff’s determination of use for Axe Throwing as presented in the staff report. D.6 Final Approval of Tract Map No 32850 65 Approve Tract Map No. 32850 and Accept Security Agreement for Street, Sewer, and Storm Drain Improvements and Survey Monuments. Recommended Action: Approve Tract Map No. 32850 as it is in substantial conformance with the approved tentative map, and Authorize the City Manager to accept security agreements and liens for street, sewer, and storm drain improvements and survey monuments. D.7 Request for Approval to Purchase PSEC Communications Equipment 241 Request for approval to purchase four (4) PSEC compatible communications consolettes with required accessories. Recommended Action: Approve $ 60,589.95 in CIP Fund expenditures to purchase four (4) PSEC-compatible communications consolettes and two SAR-A routers with power adapters. D.8 Edward Byrne Memorial Justice Assistance Grant Program Fiscal Year 2022 Interlocal Agreement 249 Request to approve the Interlocal Agreement with the Riverside County Sheriff’s Department to receive JAG grant funding to purchase two (2) electric patrol bicycles. Recommended Action: Authorize staff to apply for the FY 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) program, and Authorize City Council to enter into an interlocal agency agreement between the Riverside County Sherriff’s Department and the City of Beaumont to seek JAG funds for FY 2022. D.9 Authorize Lease and Maintenance Contract Extension with Konica Minolta 290 The Albert A. Chatigny Sr. Community Center has requested a new copy, scan and fax machine that can meet the demands of the community Page 3 of 424 center services and recreation programs. Recommended Action: Authorize lease and maintenance contract extension with Konica Minolta. E.PUBLIC HEARINGS Approval of all Ordinances and Resolutions to be read by title only. E.1 Public Hearing and Consideration of Approval of a Resolution for the Second Amendment of the City’s FY22/23-FY26/27 Capital Improvement Plan 299 Adoption of resolution to amend the five-year FY23-27 Capital Improvement Plan (CIP). Recommended Action: Hold a Public Hearing, and Waive the full reading and adopt by title only, "A Resolution of the City Council of Beaumont Amending the Five-Year Capital Improvement Plan for Fiscal Years 2022/2023-2026/2027 and Related Prior Year CIP Project List.” E.2 Public Hearing to Consider an Ordinance Amending Chapter 3.02 of the Beaumont Municipal Code – Procurement of Professional Services 318 Adoption of an ordinance amending Beaumont Municipal Code Chapter 3.02. Recommended Action: Hold a Public Hearing, and Waive the full reading and approve the first reading by title only. “An Ordinance of the City Council of the City of Beaumont, California, Amending Chapter 3.02 to the City of Beaumont Municipal Code.” F.ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. F.1 Award a Professional Services Agreement to David Turch and Associates for Federal Lobbying Services in an Amount Not to Exceed $87,000 Annually 327 Professional Services Contract Award to David Turch and Associates for Federal lobbying services in an amount not to exceed $7,250 per month. Recommended Action: Award a professional services agreement for federal lobbying services for a term of five (5) years to David Turch and Associates in an amount not-to-exceed $7,250 per month/ $87,000 annually. F.2 FY2022-2023 Mid-Year CIP Budget Amendment 379 Review and approve the FY2022-2023 mid-year budget amendment. Recommended Action: Review and approve FY2022-2023 Mid-Year CIP Budget Amendments. F.3 Approve a Purchase Order in an amount not to exceed $1,495,343.59 to 383 Page 4 of 424 Creative Bus Sales for the Procurement of Two CNG Type H El Dorado National EZ Rider II Buses – Capital Improvement Project (CIP) No. T-15 CIP Project No. T-15 Recommended Action: Approve the procurement of two CNG Type H El Dorado National EZ Rider II buses from Creative Buse Sales and Authorize City Staff to issue a Purchase Order in an amount not to exceed $1,495,343.59 allocated to CIP Project No. T-15, GL 760-0000-1625-0000. F.4 Approve Public Works Agreement and a Purchase Order for Jaynes Brothers Construction for the Demolition and Installation of a New Playground at Three Rings Ranch Park – Capital Improvement Project (CIP) No. P-13 in an Amount Not to Exceed $43,746.40 388 Purchase order for playground demolition and installation and authorization to execute Public Works Agreement for CIP No. P-13. Recommended Action: Approve the Purchase Order for Jaynes Brothers Construction in the amount of $43,746.40, and Authorize the mayor to execute the Public Works Agreement for playground installation services for CIP No. P-13. F.5 Discussion and Determination of Power of Appointment of an Alternate Member to a Voting Seat 414 Determination of authorized power of appointment to a voting seat on the Economic Development Committee. Recommended Action: Discuss and provide direction to staff. F.6 Proposed Cancellation of the Regular City Council Meeting Scheduled for July 4, 2023 418 Cancel the Regular City Council meeting scheduled for July 4, 2023, in celebration of the nation’s Federal holiday – Independence Day Recommended Action: Discuss and direction to cancel the regular City Council meeting of July 4, 2023. F.7 Approval of City Attorney Invoices for the Month of Recommended Action: Approve invoices in the amount of $84,418.88. G.LEGISLATIVE UPDATES AND DISCUSSION H.ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction I.CITY TREASURER REPORT Finance and Audit Committee Report Out and City Council Direction J.CITY CLERK REPORT Page 5 of 424 K.CITY ATTORNEY REPORT L.CITY MANAGER REPORT L.1 Parks Update February 2023 419 L.2 Transportation Update Feb 2023 421 L.3 Pennsylvania Widening Project Update 423 L.4 City of Beaumont Community Events of 2023 424 M.FUTURE AGENDA ITEMS N.COUNCIL REPORTS White Voigt Lara Fenn Martinez O.ADJOURNMENT The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for March 7, 2023, at 6:00 p.m. unless otherwise posted. Page 6 of 424 Page 7 of 424 Page 8 of 424 Page 9 of 424 Page 10 of 424 Page 11 of 424 Page 12 of 424 Page 13 of 424 Page 14 of 424 Page 15 of 424 Page 16 of 424 Page 17 of 424 Page 18 of 424 Page 19 of 424 Page 20 of 424 Page 21 of 424 Page 22 of 424 Page 23 of 424 Page 24 of 424 Page 25 of 424 Page 26 of 424 Page 27 of 424 Page 28 of 424 Page 29 of 424 Page 30 of 424 Page 31 of 424 Page 32 of 424 Page 33 of 424 Page 34 of 424 Page 35 of 424 Page 36 of 424 Page 37 of 424 Page 38 of 424 Page 39 of 424 Page 40 of 424 Page 41 of 424 Page 42 of 424 Page 43 of 424 Page 44 of 424 Page 45 of 424 Page 46 of 424 Page 47 of 424 Page 48 of 424 1 CITY COUNCIL CLOSED & REGULAR SESSION MINUTES February 7, 2023 Closed Session: 5:00 PM Regular Meeting: 6:00 PM 550 E. Sixth Street, Beaumont, CA _____________________________________________________________________ CLOSED SESSION A. CALL TO ORDER at 5:00 p.m. Present: Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White B. PUBLIC COMMENTS REGARDING CLOSED SESSION No comments. B.1 Conference with Labor Negotiators - Pursuant to Government Code Section 54957.6 City Designated Representatives City Manager Elizabeth Gibbs and Administrative Services Director Kari Mendoza. Employee Organizations: POA Motion by White Second by Voigt To approve side letter. Approved by a unanimous vote. B.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Ezekwesili Iloputaife et al. v. City of Beaumont et. al., US Dist. C.D. Cal. Case No. 5:21-CV-01452-JWH-AGR Ezekwesili Iloputaife et al. v. City of Beaumont et. al., Riv. Sup. Ct. Case No. CVRI 2105069 No reportable action. Page 49 of 424 2 B.3 Conference with Legal Counsel Regarding Existing Litigation Pursuant to GovernmentCode Section 54956.9(d)(1): I.S. v City of Beaumont et.al. Case No. CVRI2203100 No reportable action. B.4 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: APN nos. 404-140-002, 404-140-003 Beaumont, California. Agency Negotiator: City Manager Elizabeth Gibbs or her Designee. Negotiating Parties: City of Beaumont as the Potential Purchaser and Beaumont Re Holdings; Deborah A. Jerue; John J. Sullivan; GW as Potential Seller. Under Negotiation are Price and Terms No reportable action. B.5 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Two Vacant Parcels located at Pennsylvania Avenue, East of 3rd Street (APN nos. 419-260-030 and 418-240-011) Agency Negotiator: City Manager Elizabeth Gibbs or her Designee. Negotiating Parties: City of Beaumont as the Potential Purchaser and Beaumont Unified School District as Potential Seller. Under Negotiation are Price and Terms. No reportable action. C. ADJOURNMENT TO CLOSED SESSION REGULAR SESSION D. CALL TO ORDER Present: Mayor Martinez, Mayor Pro Tem Fenn, Council Member Lara, Council Member Voigt, Council Member White Report out from Closed Session Action on any Closed Session Items Action of any Requests for Excused Absence Pledge of Allegiance Invocation Adjustments to the Agenda Conflict of Interest Disclosure E. ANNOUNCEMENTS / RECOGNITION / PROCLAMATIONS / CORRESPONDENCE E.1 Recognition of Riverside County Flood Control E.2 GFOA Award Presentation Page 50 of 424 3 E.3 Career and Technical Education Month F. PUBLIC COMMENT PERIOD (ITEMS NOT ON THE AGENDA) M. Stamper - Spoke in the support of the City throughout the years and gave a donation to the City and the K-9 program. R. Roy - Spoke regarding an active transportation plan and asked Council for an agenda item to discuss a plan. G. 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. G.1 Ratification of Warrants Ratify Warrants dated: January 12, 2023 January 20, 2023 G.2 Approval of Minutes Approve Minutes dated: January 17, 2023 January 28, 2023 G.3 Improvement Agreement and Security Improvement agreement and security for street and sewer improvements for Conditional Use Permit 2020-0049. Accept Security Agreement and Performance and Payment Bonds for (Project / Bond number / Improvement): • CUP2020-0049/ PA12523900006 / Street • CUP2020-0049/ PA12523900007 / Street G.4 Adoption of Updated Economic Development Committee Policies and Procedures Updated Economic Development Policies and Procedures as discussed and directed at the January 17, 2023, City Council Meeting Adopt the updated Economic Development Committee Policies and Procedures G.5 Final Approval of Tract Map No 31462-26 Approve Tract Map No. 31462-26 and Accept Security Agreement for Survey Monuments. Page 51 of 424 4 Approve Tract Map No. 31462-26 as it is in substantial conformance with the approved tentative map, and Accept Security Agreement for survey monuments. G.6 First Amendment to the Professional Services Agreement with Raftelis Financial Consultants, Inc. for the Sewer Rate Study Project (WW-03) First Amendment to the Professional Services Agreement with Raftelis Financial Consultants, Inc. for the Sewer Rate Study Project (WW-03) to provide updated Sewer Connection Fees. Approve the first amendment to the professional services agreement with Raftelis Financial Consultants, Inc. to provide a Sewer Capacity Fee Study in an amount not to exceed $16,685 for a total revised contract amount of $57,998. G.7 Second Reading and Adoption of an Ordinance Amending Chapter 2.35 of the Beaumont Municipal Code – Financial and Audit Committee Adoption of an Ordinance Amending Beaumont Municipal Code Chapter 2.35 – Financial and Audit Committee Waive the second full reading and adopt by title only, “An Ordinance of the City Council of the City of Beaumont, California, Amending Chapter 2.35 to the City of Beaumont Municipal Code.” G.8 FY2022-2023 2nd Quarter Investment Report Receive the Investment Report for the 2nd quarter of FY2022-2023 ending December 31, 2022. Receive and file report. G.9 Second Reading: Fairway Canyon - Meritage Development Agreement Amendment PLAN2022-0776 Consideration of an amendment to the Fairway Canyon Development Agreement. The proposed amendment includes revisions to Planning Area 20 that subdivide Planning Area 20B into 20B and 20D; and revise the unit count and density within all subareas of Planning Area 20. The subject property is located northwest of Sorenstam Drive in Phase 4 of the Oak Valley & SCPGA Golf Course Specific Plan. Waive the second full reading and approve by title only, an “Ordinance of the City Council of the City of Beaumont, California, Approving an Amended Development Agreement by and between the City of Beaumont and Meritage Homes of California, Inc.” Page 52 of 424 5 I. ACTION ITEMS Approval of all Ordinances and Resolutions to be read by title only. Items I.4, I.5 and I.6 were approved in one motion Motion by Council Member White Second by Council Member Lara Approved by a unanimous vote. I.4 Award a Professional Services Agreements for On-Call Traffic Engineering Services Award a professional services agreement to three firms: Fehr & Peers, STC Traffic Inc., and EXP for on-call traffic engineering services. R. Roy - Asked that active transportation be included in the scope. Award a professional services agreement to Fehr & Peers, STC Traffic Inc., and EXP for on-call traffic engineering services in a cumulative annual amount not to exceed $500,000. I.5 Award a Professional Services Agreement with TSK for the Construction Documents and Plans for City Hall Building C Remodel Project - Capital Improvement Project (CIP) No. PS-06 in an Amount Not to Exceed $84,790 Award Contract for City Hall Building C Remodel Award a Professional Services Agreement with TSK for construction documents and plans in an amount not to exceed $84,790; and Authorize the City Manager to approve up to an additional 10% in contingencies if needed. I.6 Award a Professional Services Agreement to Architerra Design Group for Landscape Architectural Services for the Veterans and First Responders Memorial Plaza Project - Capital Improvement Project (CIP) No. P-14 in an Amount Not to Exceed $87,705 Award Contract for Landscape Architectural Services for the Memorial Plaza Approve a Professional Services Agreement with Architerra Design Group in the amount of $87,705. Authorize the City Manager to approve up to an additional 10% in contingencies if needed. Page 53 of 424 6 I.1 CFD Administration, Special Tax Consulting and Annual Financial Reporting Services Contract Award Approve a contract for CFD Administration, Special Tax Consulting and Annual Financial Reporting Services upon completion of a Request for Proposal Process. Motion by Council Member White Second by Jessica Voigt Approve a three-year contract to Spicer Consulting effective February 7, 2023, with a total not to exceed initial annual cost of $180,001 and an annual increase of 2% following FY 2023/24 for Community Facilities District (CFD) Administration, Special Tax Consulting and Annual Financial Reporting Services for the City of Beaumont. Approved by a unanimous vote I.2 FY2022-2023 Mid-Year Budget Report Receive and file FY2022-2023 Mid-Year Budget Report for activity from July 1, 2022, to December 31, 2022, including review and approval of recommended budget amendments and Capital Improvement Plan updates. L. Schner - Supports the budget for the parks. Spoke specifically to Niklaus Park and wants to keep the dog park with any renovations planned. Motion by Council Member White Second by Council Member Lara Receive and file Mid-Year Budget Report and approve recommended budget amendments and review CIP recommended adjustments. Approved by a unanimous vote. I.3 Discussion of Fee Study for Cost of Services Review and provide feedback on proposed changes to current fee schedule. Discussion and direction to staff to amend some line items and bring back for a public hearing. J. LEGISLATIVE UPDATES AND DISCUSSION J.1 Discussion and direction on Initiative No. 21-0042A1 Page 54 of 424 7 Direction to staff to prepare a letter of opposition. K. ECONOMIC DEVELOPMENT UPDATE Economic Development Committee Report Out and City Council Direction Upcoming meeting on February 8, 2023. L. CITY TREASURER REPORT Finance and Audit Committee Report Out and City Council Direction M. CITY CLERK REPORT No report. N. CITY ATTORNEY REPORT Update of current cases. O. CITY MANAGER REPORT Will be attending the Cal Cities Conference. P. FUTURE AGENDA ITEMS Q. COUNCIL REPORTS Voigt - Attended the League New Council Member Conference Lara - Asked for clarification on the City's transportation plan in the recently adopted General Plan. White - Reported out from a RCTC meeting a recent conference. Fenn - Thanked everyone for the success of the Veteran's Expo, gave a report out from a RCTC meeting R. ADJOURNMENT at 7:59 p.m. The next regular meeting of the Beaumont City Council, Beaumont Financing Authority, the Beaumont Successor Agency (formerly RDA), the Beaumont Utility Authority, the Beaumont Parking Authority and the Beaumont Public Improvement Agency is scheduled for February 21, 2023, at 6:00 p.m. unless otherwise posted. Page 55 of 424 Staff Report TO: City Council FROM: Nicole Wheelwright, Deputy City Clerk DATE February 21, 2023 SUBJECT: City Council Annual Review of Professional Services Contract List Description Active list of contracts for professional services for review, per Municipal Code 3.02.070. Background and Analysis: Per Beaumont Municipal Code Section 3.02.070 – “Term of Professional Services,” contracts shall be submitted to the City Council annually for approval, renewal, termination, non-renewal or extension. Attached is a list of all active professional services contracts on file with the City Clerk’s office for review. Fiscal Impact: Estimated staff cost for this report is $240. Recommended Action: Receive and file. Attachments: A. List of Active Professional Services Contracts Page 56 of 424 Contract Number Name of Contractor/Agency/ Vendor Brief Description Expiration Date ADMIN C97-08 Hdl Software LLC Agreement for Sales Tax Audit Until terminated ADMIN C97-09 Hdl Coren & Cone Action agreement to purchase the Hdl business license system Until terminated ADMIN C00-02 Board of Administration California Public Employees' Retirement System Amendment to contract with CalPERS ADMIN C07-33 Civic Plus License and Service Agreement (website) 12/7/2023 ADMIN C08-09 Pacific Alarm Service Inc. Alarm Company service contract for 550 E. 6th St 7/1/2023 ADMIN C10-14 Insurance Service office Grant to license a non -exclusive, non-transferable license to use the data, products, information & services Until terminated ADMIN C15-09 YORK Insurance Workers Comp Insurance 6/30/2023 ADMIN C15-32 Stradling Yocca Carlson & Rauth Bond Counsel Legal Services Until terminated ADMIN C16-21 Tyler Technologies Financial Software 4/13/2023 CC C17-50 Municode (CivicPlus) Municipal Code Codification, Legal Review and Online Code 11/30/2020 WW C17-54 H20 Innovation USA Inc.Furnish and Deliver a Reverse Osmosis System for the Wastewater Treatment Plant Upon completion CC C17-56 Gladwell Government Services Records Retention Schedule Revision and Implementation/Destruction Procedures and Training for Records and on-going annual updates Until terminated PW C17-67 Kimley-Horn and Associates, Inc Design Services for the Pennsylvania Avenue Widening Project Upon completion HR C17-73 ICMA Retirement Corporation Administrative Services Agreement LEGAL C17-74 Orrick, Herrington & Sutcliffe LLP Represent the Client's Interest in Connection with the Preserve LLC 5/18/2023 PW C17-92 Moffatt & Nichol Environmental Documentation Services for the Pennsylvania Avenue Interchange Improvement project, Pennsylvania Ave Widening and Pennsylvania Ave Grade Separation 12/19/2023 TR C18-10 Token Transit Provide Digital Fares through mobile app Until terminated LEGAL C18-11 Liebert Cassidy Whitmore Agreement for Legal Services 2/25/2023 LEGAL C18-12 Burke Williams & Sorensen LLP Agreement for Legal Services 5/14/2023 WW C18-14 MWH Constructors Inc. Construction Management Services for Wastewater Treatment Plant Expansion/Renovation Project and Brine Pipeline Installation Project Upon completion LEGAL C18-17 Manning & Kass Ellrod, Ramirez, Trester LLP Legal Services 02/24/022 *Services being rendered LEGAL C18-19 Lewis Brisbois Bisgaard & Smith LLP Legal Services 5/20/2023 ADMIN C18-29 Townsend Public Affairs, Inc.Lobbyist Services 6/30/2023 PD C18-33 Intrensic Purchase Agreement (Body Worn Cameras)2/28/2023 PW C18-48 IDC Consulting Engineers Pennsylvania Ave Grade Separation Project Upon completion CD C18-50 Scott Fazekas & Associates Building and Safety Plan Check Services 7/1/2023 CD C18-51 Willdan Engineering Building and Safety Plan Check Services 7/1/2023 PW C18-54 NV5 Inc.Public Works Inspection, Plan Checking and Surveying Services 6/30/2023 ADMIN C18-58 Pacific Alarm Service (now SSD Alarm)Monitoring and Services Agreement 7/1/2023 ADMIN C18-59 Slovak Baron Empey Murphy & Pinkney LLP Contract for Attorney Services 6/1/2023 CD C18-65 Placeworks On-Call Environmental Services 7/1/2023 CD C18-66 Chambers Group On-Call Environmental Services 7/1/2023 IT C18-71 Affant Network Implementation and Management Agreement 6/30/2024 HR C18-73 Neogov/ GovernmentJobs.com Online Services Agreement 8/7/2023 WW C18-78 Weka Inc Public Works Agreement - Brine Line Disposal Pipeline - Reach 1 Upon completion WW C18-80 W.M. Lyles Co.Public Works Agreement - Wastewater Treatment Plant Salt Mitigation Upgrade Project Upon completion WW C18-81 Albert A Webb and Associates Engineering Services During Construction (ESDC), SCADA Programming, Program Management Services Upon completion TR C18-90 Zonar Terms and License Agreement for Hardware Use Until terminated IT C18-93 Microsoft Enterprise Agreement 12/6/2024 WW C19-04 Clinical Lab of San Bernardino Laboratory Testing Services the Wastewater Treatment Plant 6/30/2024 TR C19-17 The Mobile Turtle RV & Auto Detailing Interior and Exterior Detailing Bus Washing Service 3/17/2023 CC C19-18 Complete Paperless Solutions Laserfiche Maintenance and Support Services Until terminated WW C19-28 Burrtec Waste Industries Inc.Non-Hazardous Sludge Hauling Services 4/30/2023 CS C19-30 Prudential Overall Supply Garment and Flat Goods Service 10/7/2022 SW C19-36 USA Waste of California, Inc., d.b.a. Waste Management o Collection Services Agreement 6/30/2039 PD C19-42 Mark 43 Inc.Software License and Services Agreement 6/30/2024 IT C19-58 Frontier Communications Service Agreement Until terminated Page 57 of 424 ADMIN C19-77 Shred-it Service Agreement 10/4/2024 ED C19-79 Nichols Consulting Professional State-Mandated Cost Claim Preparation Services 10/15/2023 CS C19-96 Animal Pest Services Pest Control Maintenance Services On-going until terminated CS C20-01 West Coast Arborists Tree Trimming and Tree Maintenance Services 1/24/2024 PD C20-08 Petdata Inc.Agreement for Animal Licensing Services 2/28/2023 TR C20-09 Dude Solutions Subscription Agreement of Asset Essentials Software 2/24/2025 WW C20-12 SKM Engineering LLC Professional Engineering Services for Lift Station PLC Upgrade Design CIP2019-018 Upon completion FIN C20-20 Rogers, Anderson, Malody & Scott LLP (RAMS)Independent Audit Services Through Audit of 2023 IT C20-22 Konica Minolta Equipment Lease Agreement 6/18/2023 FIN C20-23 Emphasys Computer Solutions Treasury Management Software 7/31/2023 WW C20-27 Pacific Star Chemical LLC, dba NorthStar Chemical Chemical Supply Agreement 6/30/2023 WW C20-28 Hasa, Inc Chemical Supply Agreement 6/30/2023 PD C20-30 Flock Group Inc.Data Sharing Agreement 7/29/2025 CS C20-32 Chargepoint Master Services and Subscription Agreement for Electric Vehicle Charging Station - Civic Center 8/10/2025 CS C20-35 Turboscape Inc.Wood Chip service 6/30/2023 IT C20-40 Frontier Communications PD Ethernet internet Access 9/3/2023 CD C20-46 Lisa Wise Consulting Inc Professional Planning Services for Beaumont Housing Element Update 10/19/2023 ED C20-56 The Retail Coach Economic Development Consulting 12/15/2023 WW C20-61 Southern Contracting Company PLC Upgrade Construction Upon completion ADMIN C21-04 George Hills Company Inc.ERMAC Subrogation Agreement for Claims Adjusting and Administration Service 6/30/2025 WW C21-09 EXP U.S. Services Inc. Professional Engineering Services for Beaumont Master Drainage Plan Line 2 Stage 1 Project (CIP2019-019)2/16/2024 PD C21-10 Vigilant Solutions Police Department License Plate Scanning Sotware and Equipment Upgrade 12/31/2023 FIN C21-11 Public Trust Advisors LLC Investment Advisory Services 2/16/2024 IT C21-12 Nth Generation Computing Back up and Disaster Recovery Solution (5 yr. Support) 3/2/2026 PD C21-13 Shred-It Document Destruction Services - 1580 E 8th Street - Police Annex 3/10/2026 ADMIN C21-37 SGH Architects Architectural Design for the City Hall Renovations 8/3/2022 **requesting to extend ADMIN C21-41 County of Riverside CALFIRE Cooperative Agreement to Provide Fire Protection, Prevention, Rescue, Fire Marshal and Medical Emergencies 6/30/2024 TR C21-46 Zoran Construction Walmart Bus Stop Rehabilitation Public Works Agreement Upon completion PD C21-54 Beaumont Unified School District Shared Emergency Services Coordinator 6/30/2024 PW C21-57 Chambers Group Inc Environmental Services & CEQU Doc Prep for Fire Station 9/17/2024 PW C21-60 Mark Thomas & Company Engineering Services for Phasing of Construction of the SR-60/Potrero Blvd Direct On-Ramps to a Future Year 8/9/2024 PW C21-61 All American Asphalt Annual Citywide Street Rehab 20/21 Upon completion PD C21-62 Motorola Solutions Lease of Radio Equipment 6/30/2029 ADMIN C21-64 Revenue and Cost Specialist LLC Full Cost Allocation Plan and Comprehensive User Fee Study 6/30/2023 PD C21-66 Riverside County Cal Fire E20 Cost Sharing Cooperative Agreement 6/30/2024 PD C21-68 County of Riverside - University Health System Crisis/Triage Mental Health Services 6/30/2024 ADMIN C21-71 Phase II Systems Administrative Services Agreement for PARS 12/4/2024 PW C22-02 P2S Inc Construction Documents, Specs, Phasing Plan and Cost Estimate for Fire Station Electrical System Upgrade 1/21/2023 ADMIN C22-04 Policy Confluence Inc National Community Survey 2/7/2023 WW C22-06 Albert A. Webb Associates Engineering and Design for Beaumont Mesa Lift Station and Force Main Project 2/15/2025 PW C22-08 Converse Consultants Geotechnical Services - Cherry Channel 2/4/2025 WW C22-11 TE Roberts Inc Pressure Testing of Existing Sewer Force Mains 2/11/2025 TR C22-12 Dossier Systems Subscription of DOD Service 3/5/2025 WW C22-14 Dudek Groundwater and Surface Water Monitoring Services 3/1/2025 CS C22-19 Placeworks Landscape Architectural and Engineering for Stewart Park Improvement 4/5/2025 WW C22-22 Fischer Compliance LLC New Sewer System Management Plan Audit 4/12/2023 PW C22-23 Fischer Compliance LLC New Sewer System Management Plan 4/12/2023 PW C22-24 FEHR & PEERS Traffic Design for the Pennsylvania Ave Interchange Project 4/21/2025 PW C22-26 Crosstown Electrical and Data Citywide Traffic Signal Maintenance 5/12/2025 PW C22-27 Bay Alarm Company Service Agreement for 714 E 4th Street 3/1/2027 Page 58 of 424 CC C22-30 E-Scribe Agenda Management Software 7/1/2025 ED C22-32 Encore Communications dba ED Suite Website Design and Hosting Services 5/17/2025 PW C22-39 TJW Engineering, Inc Professional Traffic Engineering Plan Checking 6/14/2023 IT C22-40 Environmental Systems Research Institute, Inc (ESRI)ArcGIS Enterprise License 6/30/2025 Admin C22-43 Reasner, Russell Photography Services 6/30/2023 PW C22-47 Kemcorp Construction, Inc. Westside Fire Station Upon completion WW C22-48 EEC Environmental Risk Scoring System for development of FOG Program for WWTP 8/7/2023 Finance C22-49 Wells Fargo Treasury Management Services- Acceptance of Services Until terminated PW C22-51 MTGL, Inc West Side Fire Station Special Inspection and Materials Testing 8/22/2023 PW C22-52 Keller, Jean A. Archaeological Monitoring of Ground Disturbing- West Side Fire Station 8/25/2023 WW C22-54 Michael K. Nunley & Associates, Inc. dba MKN Wastewater Rate Study RFP Preparation 8/30/2023 Parks C22-55 Gopher Patrol Gopher Control 8/30/3023 PW C22-56 TJW Engineering Professional Traffic Engineering for TS @ Beaumont & First 9/19/2023 PW C22-58 Z & K Consultants Consulting Engineering Services 10/2/2023 Finance C22-59 UFI Financial Solutions (Urban Futures, Inc.) Municipal Advisory Services CFD 2016-3 Special Tax Bonds 10/2/2024 PW C22-60 Soils Southwest, Inc. Professional Geotechnical Services- Proposed Beaumont Fire 8/16/2023 Transit C22-61 Swiftly Real-Time Passenger Prediction SaaS; RCTC STA project 23-05 6/30/2027 Admin C22-66 Pitney Bowes Lease Agreement for City Hall 8/10/2027 WW C22-70 Smart Cover WW Monitoring Service Program 9/28/2025 Finance C22-73 HR Dynamics & Performance Management Strategic Planning workshop 10/25/2023 WW C22-74 T.R. Holliman Recycled Water Implementation Facilitator 10/5/2023 Planning C22-76 Urban Futures, Inc (UFI) Police Facility Financing 10/25/2023 Planning C22-77 Economic Planning Systems, Inc. (EPS)Funding Tools Advisory Services 10/9/2023 ED C22-78 GHD, Inc.Downtown Beaumont Revitalization Plan 10/31/2023 PW C22-81 Lake Elsinore & Canyon Lake TMDL Task Force Amendment 3 to extend task force agreement 6/30/2025 PW C22-82 All American Asphalt Penn Widening Project (CIP 2017-009)Upon completion Finance C22-83 Garda Armored Car Service 11/14/2025 Admin C22-84 Props AV 2023 State of the City Videography Services 9/14/2023 Finance C22-85 Raftelis Sewer Rate Study 12/5/2023 PW C22-86 Converse Consultants Geotechnical & Lab Testing Services for Penn Ave Widening Project 12/14/2025 PW C23-01 Elecnor Belco Electric, Inc Citywide Traffic Signal Upgrade at 6th & Beaumont Upon completion Finance C23-02 Spicer Consulting Group CFD Administration Services 2/7/2026 Page 59 of 424 Staff Report TO: City Council FROM: Christina Taylor, Deputy City Manager DATE February 21, 2023 SUBJECT: Determination of Use Per Beaumont Municipal Code Chapter 17.02.020 Description Determination of use for a “cigar lounge” as required per Beaumont Municipal Code Chapter 17.02.020. Background and Analysis: The Beaumont Municipal Code Chapter 17.02.020 states “The Community Development Director, upon written request or upon their own initiative, when a use is not specifically listed as a permitted use or conditional use under a particular zone, and when that use is proposed or classification is requested, shall determine whether the use is sufficiently similar to a listed use in the particular zone to justif y a finding that it should be deemed a permitted use or a conditional use in one or more zones.” Planning staff has received interest in establishing a cigar lounge within the downtown area. A cigar lounge is not specified in the Municipal Code as a permitted use. Beaumont Municipal Code Chapter 17.02.020 (F) specifies “Before permitting or classifying an unlisted use the director shall first determine all of the following conditions exist”: (1) The proposed use would meet the objectives of the zone; (2) The proposed use and its operation are compatible with the uses permitted in the zone; (3) The proposed use is similar to one or more uses in the zone ; and (4) The director shall notify the planning commission and city council of determination of use. Staff has reviewed the alcohol service and sales and entertainment uses allowed City wide as well as those allowed in the downtown area. Current uses including bars and lounges and billiard halls are permitted or conditionally permitted in a variety of commercial zones throughout the City. Staff considers a cigar lounge to be similar to bars and lounges currently listed in the municipal code, meeting requirement three (3) above. The classification of cigar lounges as an entertainment use or as a typical bar or Page 60 of 424 lounge would meet the objectives of the commercial zones and would be complimentary to other uses, especially in the downtown, meeting objectives one (1) and two (2). Objective two (2) requires the proposed use to be compatible with other uses permitted in the zone. Since a specific location has not yet been identified, staff recommends through this determination, cigar lounges must be located in a commercial zone and be subject to Conditional Use Permit approval by the Planning Commission. The Conditional Use Permit process allows staff from all City departments to review and provide conditions of approval on project or use prior to the proposal being considered for approval. This will ensure location and operational standards are compatible with surrounding uses and are made clear to the applicant prior to a Planning Commission hearing. The Conditional Use Permit process also requires a public hearing, allowing opportunity for the public to provide input on the proposal. Objective four (4) states “The director shall notify the Planning Commission and City Council of determination of use.” This staff report to City Council serves as the Director’s determination and meets objective four (4). If approved by City Council, a report will be provided to Planning Commission notifying the Commission of the determination. Fiscal Impact: None. Recommended Action: Concur with staff’s determination of use for cigar lounges as presented in the staff report. Page 61 of 424 Staff Report TO: City Council FROM: Christina Taylor, Deputy City Manager DATE February 21, 2023 SUBJECT: Determination of Use per Beaumont Municipal Code Chapter 17.02.020 Description Determination of use for “Axe Throwing” per Beaumont Municipal Code Chapter 17.02.020. Background and Analysis: The Beaumont Municipal Code Chapter 17.02.020 states “The Community Development Director, upon written request or upon their own initiative, when a use is not specifically listed as a permitted use or conditional use under a particular zone, and when that use is proposed or classification is requested, shall determine whether the use is sufficiently similar to a listed use in the particular zone to justify a finding that it should be deemed a permitted use or a conditional use in one or more zones.” On January 27, 2023, Planning staff received a letter (Attachment A) requesting a determination on Axe Throwing as it is not specified in the Municipal Code as a permitted use. Beaumont Municipal Code Chapter 17.02.020 (F) specifies “Before permitting or classifying an unlisted use the director shall first determine all of the following conditions exist”: (1) The proposed use would meet the objectives of the zone; (2) The proposed use and its operation are compatible with the uses permitted in the zone; (3) The proposed use is similar to one or more uses in the zone; and (4) The director shall notify the planning commission and city council of determination of use. Staff has reviewed the recreation and entertainment uses allowed City wide as well as those allowed in the downtown area. Current uses including batting cages, bowling alleys, billiard halls, gymnasiums, shooting ranges and skating rinks are permitted or conditionally permitted in a variety of commercial zones throughout the City. Staff considers axe throwing to be an entertainment activity similar to those currently listed in the municipal code, meeting requirement three (3) above. The addition of axe throwing as an entertainment use would meet the objectives of the commercial zones allowing for Page 62 of 424 these uses, as well as the overall goal of providing a variety of recreation and entertainment uses for the City’s residents, meeting objective one (1). Objective two (2) requires the proposed use to be compatible with other uses permitted in the zone. Since a specific location has not yet been identified, staff recommends through this determination, axe throwing must be located in a commercial zone and be subject to Conditional Use Permit approval by the Planning Commission. The Conditional Use Permit process allows staff from all City departments to review and provide conditions of approval on project or use prior to the proposal being considered for approval. This will ensure location and operational standards are compatible with surrounding uses and are made clear to the applicant prior to a Planning Commission hearing. The Conditional Use Permit process also requires a public hearing, allowing opportunity for the public to provide input on the proposal. Objective four (4) states “The director shall notify the Planning Commission and City Council of determination of use.” This staff report to City Council serves as the Director’s determination and meets objective four (4). If approved by City Council, a report will be provided to Planning Commission notifying the Commission of the determination. Fiscal Impact: None. Recommended Action: Concur with staff’s determination of use for Axe Throwing as presented in the staff report. Attachments: A. Axe Throwing Letter Page 63 of 424 January 2023 Re:Axe Attack Determination Letter To Whom It May Concern: My name is Mohamad Ibrahim, and I have been a Beaumont resident for over 15 years. During this time, I’ve had the opportunity to see this great city develop in extraordinary ways, and I’d like to be a part of its growth and success. Being a dad to two rambunctious boys, we always look for activities to do as a family and with friends. Currently, Beaumont is limited in family-friendly options. Families are going to Redlands or further to have a quality time outing together. My goal is to open a business where families, and people of all ages, have some fun and blow off steam. I propose opening a small business in Beaumont: Axe Attack. At Axe Attack, guests will throw axes at targets in a contained and safe space. As guests walk into Axe Attack, they will be greeted by the sound of music, a full bar, and friendly staff members. The informative and helpful employees will walk customers through appropriate safety protocols and procedures, along with the signing of a waiver to ensure guests are comfortable and confident in participating in axe throwing. Patrons will then be assigned a designated axe-throwing lane. With safety being the number one priority, staff members will lead guests to their lane, and once again go over protocols and rules for a fun and safe experience. In addition, staff will be continuously monitoring the caged lanes, ensuring patrons are following safety rules and having a good time. A business like Axe Attack is not currently listed in the zoning codes but could make a great addition to the community. Axe Attack would be a great, safe, and fun place for the youth and adults of Beaumont. For children under the age of ten, velcro axe throwing lanes and a mini arcade will be available, it truly would be fun for all ages. Theme days will also be incorporated into the business to immerse the patrons in a unique experience. Cosmic Night is just one example. Customers will be surrounded by backlight lanes with fluorescent colors complete with a live DJ. Axe Attack will not only be a place where small groups can come in and enjoy axe throwing, but the business will also be open to private events such as birthdays or company outings. This potential business would be an amazing experience for the residents of Beaumont and add to the city's growing economy. Sincerely, Mohamad Ibrahim axeattack2023@gmail.com (909) 223-3008 Page 64 of 424 Staff Report TO: City Council FROM: Jeff Hart, Public Works Director DATE February 21, 2023 SUBJECT: Final Approval of Tract Map No 32850 Description Approve Tract Map No. 32850 and Accept Security Agreement for Street, Sewer, and Storm Drain Improvements and Survey Monuments. Background and Analysis: As part of the development process to subdivide a parcel(s) in accordance with the Subdivision Map Act, a tentative map is reviewed and approved by the Planning Commission and City Council. During the review process, staff reviews conditions of approval provided by all City departments and prepares final conditions to be issued along with the tentative map approval. Once a tentative map is approved by City Council and conditions have been satisfied, final approval by City Council is required to complete the subdivision process. On July 19, 2005, City Council approved Tentative Map No. 32850 (Tract), subject to the completion of the conditions of approval. On November 15, 2022, City Council approved modified conditions of approval for the Tract. The Tract proposes to subdivide 29.32 gross acres into 95 single family residential lots. Refer to Figure 1 for Vicinity Map and Figure 2 for Tract Overall Map. Page 65 of 424 Figure 1- Tract Vicinity Map Figure 2 –Tract Overall Map Page 66 of 424 Per Beaumont Municipal Code 16.36.080, The City Engineer has certified that: (A) He has examined the map. (B) The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof. (C) All provisions of the Subdivision Map Act and all City ordinances applicable at the time of approval of the tentative map have been complied with. (D) He is satisfied that the map is technically correct. (E) In the City Engineers/Surveyors certificate, the date of approval of the tentative map and the date of expiration is stated. Subsequently, staff recommends the Final Map be approved pursuant to Section 16.36.090 of the Beaumont Municipal Code. However, if City Council determines that the division of land does not conform to all the requirements of the Subdivision Map Act, Development Agreement, and Beaumont Municipal Code applicable of the tentative map and any rulings made thereunder, may disapprove the map; provided, however, the final map shall not be disapproved due to technical or inadvertent errors which can easily be corrected, and in the opinion of the City Engineer, do not materially affect the validity of the map. There are several public improvements required as part of the development of the Tract including storm drain, street, and sewer improvements. As of the date of this report, no improvements have been accepted. Therefore, in accordance with the Subdivision Map Act and Beaumont Municipal Code 16.56.010, the land divider shall enter into an agreement with the City to complete the improvements, and in connection therewith shall furnish the City improvement security in the amounts required by Section 16.56.040. In addition to the public improvements, there are several survey monuments required to be set as part of this Tract. The Subdivision Map Act requires that at least one exterior boundary line of the land being subdivided be adequately monumented or referenced before the map is recorded. The land divider has certified that all exterior boundary lines are monumented. Furthermore, the Subdivision Map Act and Beaumont Municipal Code 16.36.100 state that interior monuments need not be set at the time the map is recorded if the engineer or surveyor certifies on the map that the monuments will be set on, or before, a specified later date, and if the land divider furnishes security guaranteeing the payment of the cost of setting such monuments. The land divider has provided a subdivision improvement agreement and security in the form of a lien for the interior survey monuments. The agreement has been reviewed by staff and the City Attorney and found to be consistent with the Beaumont Municipal Code. Page 67 of 424 The following table is a summary of the improvements and corresponding security: Table 1 - Tract Security Summary Lien Reference Number Improvement PW Project Number Plan Number Estimate Cost 14-1964 Storm Drain 14-1964 3072 $288,638 14-1962 Sewer 14-1962 3071 $290,656 14-1963 Street 14-1963 3069 $1,720,026 0002058 Survey Monuments 0002058 n/a $25,480 Fiscal Impact: The cost to prepare this staff report is estimated to be $700. All public improvements associated with the tract will be completed at developer’s expense. The City is not liable for public improvement maintenance until the public improvements are accepted into the City’s publicly maintained system. Recommended Action: Approve Tract Map No. 32850 as it is in substantial conformance with the approved tentative map, and Authorize the City Manager to accept security agreements and liens for street, sewer, and storm drain improvements and survey monuments. Attachments: A. Tract Map No. 32850 Final Map Package Page 68 of 424 Page 69 of 424 Page 70 of 424 Page 71 of 424 Page 72 of 424 Page 73 of 424 Page 74 of 424 Page 75 of 424 Page 76 of 424 Page 77 of 424 Page 78 of 424 Page 79 of 424 Page 80 of 424 Page 81 of 424 Page 82 of 424 Page 83 of 424 Page 84 of 424 Page 85 of 424 Page 86 of 424 Page 87 of 424 Page 88 of 424 Page 89 of 424 Page 90 of 424 Page 91 of 424 Page 92 of 424 Page 93 of 424 Page 94 of 424 Page 95 of 424 Page 96 of 424 Page 97 of 424 Page 98 of 424 Page 99 of 424 Page 100 of 424 Page 101 of 424 Page 102 of 424 Page 103 of 424 Page 104 of 424 Page 105 of 424 Page 106 of 424 Page 107 of 424 Page 108 of 424 Page 109 of 424 Page 110 of 424 Page 111 of 424 Page 112 of 424 Page 1 of 19 RECORDING REQUESTED BY: CITY CLERK WHEN RECORDED RETURN TO: City Clerk City of Beaumont 550 E. 6th Street Beaumont, CA 92223 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF BEAUMONT SUBDIVISION IMPROVEMENT AGREEMENT TRACT or PARCEL NO. _________ DATE OF AGREEMENT: _____________________________________________________ NAME OF SUBDIVIDER: _____________________________________________________ __________________________________________________________________________ (hereinafter referred to as “Subdivider”). NAME/NUMBER OF DEVELOPMENT: ____________ subdivision consisting of _________________ residential lots, _____________________, originally approved on _________________, and Tentative Tract/Parcel ____________ (“Tract/Parcel” or “Tentative Tract/Parcel Map”) , originally approved on: ___________________. FINAL TRACT/PARCEL MAP _______________ APPROVED ON ___________________ RECORDED ON _________________ AS INSTRUMENT NUMBER ________________ (“Final Tract Map/Final Parcel Map”). PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit “A” attached hereto and incorporated herein (hereinafter the “Property”). EST. TOTAL COST OF PUBLIC IMPROVEMENTS: $ _______________ (see Exhibit “B”) EST. TOTAL COST OF PRIVATE IMPROVEMENTS: $ _______________ (see Exhibit “B”) EST. TOTAL COST OF MONUMENTATION: $_______________ (see Exhibit “B”) ________________________________________________________________________________________________________________ Lien Contract Recording Information: ____________________________________________ LETTER OF CREDIT NUMBERS: _______________________________________________ FINANCIAL INSTITUTION: ____________________________________________________ Page 113 of 424 THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as “City”), and _____________________________________________________, (hereinafter referred to as “Subdivider”). City and Subdivider are sometimes referred to hereinafter individually as a “Party”, and collectively as the “Parties”. RECITALS A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit “A” attached hereto and incorporated and made part of this Agreement by this reference (the “Property”). B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes. D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws. E. Improvement Plans (the “Plans”) for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works (“City Engineer”). The City has adopted standards (hereinafter “Standards”) for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit “B” and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit “B”. Page 2 of 19 Page 114 of 424 Page 3 of 19 G. For the purposes of this Agreement, the term “Public Improvements” means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit “B”. NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows: 1. Subdivider’s Obligation to Construct Improvements. (a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit “B” (hereinafter collectively the “Improvements”) within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement. (c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards. (e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights-of-way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Subdivider’s obligations relating to acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City. Page 115 of 424 Page 4 of 19 2.Improvement Securities. (a)Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as “Improvement Securities” and individually as “Improvement Security”) to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City’s final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit “A”. Said securities are estimated at this time in Exhibit “B” to be in the following amounts, and shall be for the purposes described as follows: (i)____________________________________________ and 50/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement (“Performance Security”), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit “B”; and (ii)__________________________________________ and 50/100 DOLLARS ($XXX,XXX.XX) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement (“Labor & Materials Security”), which amount is one-hundred percent (100%) of the estimated cost of the Improvements; and (iii)________________________and 00/100 DOLLARS ($ XX,XXX.XX) in the form of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished (“Warranty Security”). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City’s release of any bonds or Improvement Securities filed with this Agreement. (iv)____________________and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit “A”, and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b)The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best’s Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or Page 116 of 424 Page 117 of 424 Page 118 of 424 Page 119 of 424 Page 120 of 424 Page 121 of 424 Page 122 of 424 Page 123 of 424 Page 124 of 424 Page 125 of 424 Page 126 of 424 Page 127 of 424 Page 128 of 424 Page 129 of 424 Page 130 of 424 Page 131 of 424 Page 132 of 424 Page 133 of 424 Page 134 of 424 Page 135 of 424 Page 136 of 424 Page 137 of 424 Page 138 of 424 Page 139 of 424 Page 140 of 424 Page 141 of 424 Page 142 of 424 Page 143 of 424 Page 144 of 424 Page 145 of 424 Page 146 of 424 PARCEL MAP OR TRACT NO.: DATE: PP, CUP NO.: BY: IMPROVEMENTS FAITHFUL PERFORMANCE 100% ( of Estimated Construction Costs) Streets Drainage Sewer Total Warranty Retension (10%) Street/Drainage Plan Check Fees = Sewer Plan Check Fees = Street Inspection Fees = Sewer Inspection Fees = determining bonding, plan check and inspection costs. Above amounts do include additional 20% for recordation prior to having signed plans Above amounts do not X include additional 20% for recordation prior to having signed plans Engineer's Signature Date Name typed or printed FORM $ UNIT COSTS REVISED 09/06 1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet". 2. Show Bond Amounts to the nearest $500. 3. Engineer should be used. 229,932.15$ 288,638.50$ 2,299,321.50$ to construct the above project and the mathematical extensions using City's unit costs are accurate for Construction items and their quantities as shown on attached sheets are accurate for the improvements required DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Steven H. Ritchey Civil Engineer's Stamp *****PLEASE READ INSTRUCTIONS BELOW***** For construction items not covered by "City of Beaumont Improvement Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont Unit Costs are 1,720,026.25$ 01/24/23 LABOR & MATERIALS SECURITY 100% 290,656.75$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET Land Engineering Consultants, Inc. TRACT 32850 1/24/2023 1/24/2023 Page 147 of 424 PROJECT:DATE: 01/24/23 QTY. UNIT ITEM UNIT COST AMOUNT Roadway Excavation 5,035 C.Y. 1. Projects with a grading plan area x 0.50' (hinge point to hinge point)(271,890 sf)15.00$ 75,525$ 2. Projects without a grading plan (road area and side slopes to daylight Cut (C) = Fill (f) = C.Y. (c or f) (a.) Excavate and Fill 0.40$ -$ C.Y. (f - c) (b.) Excavate and Export 1.10$ -$ (c.) Import and Fill 2.80$ -$ If balance, provide (a.) only, either cut or fill If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual costs to assure that work will be corrected to eliminate hazardous conditions.) S.F. Grinding A.C. in place 1.00$ -$ S.F. Remove A.C. Pavement 1.00$ -$ L.F. Remove Curb and Gutter 6.00$ -$ L.F. Remove A.C. Dike 3.00$ -$ S.F. Remove Sidewalk 3.00$ -$ 21,105 S.F. Sawcut & Remove Exist. A.C. Pavement 2.00$ 42,210$ 4,715 S.F. Cold Plane A.C. Pavement 1.00$ 4,715$ E.A. Relocate Mailbox 250.00$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal: 122,450$ STREET IMPROVEMENTS CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET TRACT 32850 1/24/2023Page 148 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT 1000 L.F. Remove Chain Link Fence 2.50$ 2,500$ EA. Remove Barricade $ 200.00 -$ 4,545 TON Asphalt Concrete - 144 lbs/cu. Ft. (On-Site SF @ AC thickness Ft.)90.00$ 409,050$ 3,484 C.Y. Aggregate Base Class II (OnSite SF @ AB thickness Ft.) 50.00$ 174,200$ TON Asphalt Emulsion (Fog Seal/Paint Binder) (1 ton = 240 gals) (OnSite SF)600.00$ -$ apply at 0.05 + 0.03 = 0.08 gal/SY 4,715 S.F AC overlay (min. 0.10') If export, provide (a) & (b), a=fill, b=cut-fill If import, provide (a)&(C), a=cut, c=fill-cut (Unit costs for (a), (b) & (C) are 20% of actual costs to assure that work will be corrected to eliminate hazardous conditions.)1.00$ 4,715$ L.F. Curb and Gutter (Wedge Curb) 8.00$ -$ 9,410 L.F. Curb and Gutter (Type A-6) 10.00$ 94,100$ L.F. Curb and Gutter (Type A-8) 12.00$ -$ L.F. Type "C" Curb 10.00$ -$ 1,695 L.F. Type "D" Curb 15.00$ 25,425$ L.F. A.C. Dike (6") (incl. material & labor) 8.00$ -$ L.F. A.C. Dike (8") (incl. Material & labor) 10.00$ -$ 2,390 S.F. P.C.C. Cross Gutter and Spandrels 10.00$ 23,900$ 41,575 S.F. P.C.C. Sidewalk 6.00$ 249,450$ 14,784 S.F. P.C.C. Drive Approach 8.00$ 118,272$ 12 EA. Handicapped Access Ramp 1,500.00$ 18,000$ S.F. P.C.C. Drive Approach 8.00$ -$ (individual lot driveway approach per finished grading plan) S.F. Cold Plane & Overlay Exist. A.C. Paving 4.00$ -$ Subtotal: 1,119,612.00$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET STREET IMPROVEMENTS (Cont'd.) TRACT 32850 1/24/2023Page 149 of 424 PROJECT:DATE: 01/24/23 QTY. UNIT ITEM UNIT COST AMOUNT EA. Street Name Sign 275.00$ -$ EA. Delineators-per Caltrans Std. A73C, Class 1, Type F 45.00$ -$ EA. Object Markers - Modified Type F Delineators, Riverside County 60.00$ -$ L.F. Barricades 28.00$ -$ 5,125 L.F. Utility Trench, one side (Edison, Telephone, Cable) (Total length of streets)10.00$ 51,250$ L.F. Chain Link Fence (6') 12.00$ -$ L.F. Remove Fence 4.00$ -$ 5 EA. Relocate Power Pole 10,000.00$ 50,000$ 15 EA. Street Lights (including conduit) 5,000.00$ 75,000$ EA. Street Trees (15 gallon) 150.00$ -$ 7,690 L.S. Landscape and Irrigation 5.00$ 38,450$ EA. Concrete Bulkhead 200.00$ -$ C.Y. Structural Reinforced Concrete 400.00$ -$ EA. Slope Anchors for Pipes 300.00$ -$ L.F. Cut Off Wall (Std. 2') 5.50$ -$ EA. A.C. Overside Drain 500.00$ -$ EA. Under Sidewalk Drain Std. 309 2,000.00$ -$ EA. Flat Outlet Drainage Structure Std. 303 500.00$ -$ EA. Curb Outlet Drainage Structure Std. 308 500.00$ -$ S.F. Terrace Drains and Down Drains 6.50$ -$ S.F. Interceptor Drains 6.50$ -$ 6 EA. "STOP" Pavement Marking 200.00$ 1,200$ 108 L.F. Limit Line 2.00$ 216$ 6 EA. R1 "STOP SIGN" 250.00$ 1,500$ EA. W53 "NOT A THROUGH STREET" 250.00$ -$ 1706 S.F. Remove Traffic Stripes and Paint Markings 2.50$ 4,265$ 10 EA. Street Name Sign 400.00$ 4,000$ 16 EA. Install Sign (Strap and Saddle Bracket Method) 150.00$ 2,400$ 13 EA.Object Markers - Type "F" Delineators 60.00$ 780$ 228 S.F. Thermoplastic Cross Walk and Pavement Marking 4.00$ 912$ Subtotal: 229,973.00$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET STREET IMPROVEMENTS (Cont'd.) TRACT 32850 1/24/2023Page 150 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT EA. Water Quality Structure 2,500.00$ -$ LS Concrete Inlet Apron 11,000.00$ -$ LS Emergency Spillway 27,000.00$ -$ LS 84" Storm Drain Grate 8,500.00$ -$ SF 3' Wide V-Gutter 4.00$ -$ LS Signal & Lighting 100,000.00$ -$ 26 EA. Street Trees (15 Gallon) 140.00$ 3,640$ 1 EA. Water Meter 10,000.00$ 10,000$ 1 EA. Electric Meter 10,000.00$ 10,000$ Subtotal: 23,640$ A. Subtotal 1,495,675$ B. Contingency (15%)224,351$ C. Streets/Drainage Total (A + B) 1,720,026$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET STREET IMPROVEMENTS (Cont'd.) ****************************************************************************************************** TRACT 32850 1/24/2023Page 151 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT 20 C.Y. Rip Rap (1/4 Ton) Method B 40.00$ 800$ C.Y. Rip Rap (1/2 Ton) Method B 45.00$ -$ C.Y. Rip Rap (1 Ton) Method B 50.00$ -$ C.Y. Rip Rap (2 Ton) Method B 55.00$ -$ C.Y. Grouted Rip Rap (1/4 Ton) Method B 60.00$ -$ C.Y. Grouted Rip Rap (1/2 Ton) Method B 67.00$ -$ C.Y. Grouted Rip Rap (1Ton) Method B 75.00$ -$ C.Y. Grouted Rip Rap (2 Ton) Method B 80.00$ -$ 12 L.F. 18" R.C.P. 60.00$ 720$ 65 L.F. 24" R.C.P. 70.00$ 4,550$ 29 L.F. 30" R.C.P. 80.00$ 2,320$ 497 L.F. 36" R.C.P. 90.00$ 44,730$ 265 L.F. 42" R.C.P. 100.00$ 26,500$ 437 L.F. 48 " RCP 110.00$ 48,070$ L.F. 54" RCP 135.00$ -$ L.F. 60" RCP 160.00$ -$ L.F. 72" RCP 200.00$ -$ EA. H.D.P.E. Clean Out 400.00$ -$ EA. Drain Basin 400.00$ -$ EA. Curb Outlet 3,000.00$ -$ EA. Fossil Filters 500.00$ -$ EA. 18" C.M.P. Wye 500.00$ -$ EA. Riprap Headwall 1,000.00$ -$ 2 EA. Concrete Collar 250.00$ 500$ EA. Outlet Structure 10,000.00$ -$ Subtotal: 128,190.00$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET DRAINAGE IMPROVEMENTS TRACT 32850 1/24/2023Page 152 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT EA. Catch Basin W = 4' 1,700.00$ -$ EA. Catch Basin W = 7' 3,000.00$ -$ EA. Catch Basin W = 10' 4,000.00$ -$ 1 EA. Catch Basin W = 14' 5,500.00$ 5,500$ 2 EA. Catch Basin W = 22' 9,000.00$ 18,000$ EA. Type IX Inlet 2,500.00$ -$ EA. Type X Inlet 2,500.00$ -$ EA. Junction Structure No. 1 3,000.00$ -$ EA. Junction Structure No. 2 2,500.00$ -$ EA. Junction Structure No. 6 3,700.00$ -$ EA. Transition Structure No. 1 2,000.00$ -$ EA. Transition Structure No. 3 2,700.00$ -$ EA. Manhole No. 1 2,700.00$ -$ 3 EA. Manhole No. 2 3,300.00$ 9,900$ EA. Manhole No. 3 2,700.00$ -$ 1 EA. Manhole No. 4 5,000.00$ 5,000$ EA. Adjust Water Valve (if no water plan) 150.00$ -$ EA. Adjust MH to grade (if no sewer plan) 400.00$ -$ 1 EA. Headwall with Railing 15,000.00$ 15,000$ EA. Remove & Dispose of RCB Headwall & Wingwall 10,000.00$ -$ L.F. Concrete Bulkhead 25.00$ -$ EA. Outlet Structure (Line A & B) 5,000.00$ -$ 2 EA. Local Depression per RCTD Std 311 Case B 1,200.00$ 2,400$ 2 EA. Local Depression per RCTD Std 311 Case C 1,500.00$ 3,000$ 1 EA. Catch Basin W = 35' 16,000.00$ 16,000$ 1 EA. Energy Dissipator (SPPWC Std. 384-3) 15,000.00$ 15,000$ 4 EA. Catch Basin Connection 4,000.00$ 16,000$ 2 EA. 2 Sack Cement Slurry Protection 500.00$ 1,000$ 1 EA. Grated Inlet Catch Basin W = 12' 16,000.00$ 16,000$ Subtotal: 122,800$ A. Subtotal 250,990$ B. Contingency (15%)37,649$ C. Streets/Drainage Total (A + B) 288,639$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET DRAINAGE IMPROVEMENTS (Cont'd.) TRACT 32850 ***************************************************************************************************** 1/24/2023Page 153 of 424 PROJECT:DATE: 1/24/23 Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable quantities as part of street improvements. QTY. UNIT ITEM UNIT COST AMOUNT 3,427 L.F. 4" P.V.C. (Length to R/W & 5' for cleanout) 15.00$ 51,405$ L.F. 4" P.V.C. Force Main & Fittings 26.00$ -$ 4,253 L.F. 8" V.C.P. 30.00$ 127,590$ L.F. 10" V.C.P. 35.00$ -$ L.F. 12" V.C.P. 40.00$ -$ L.F. 15" V.C.P. 50.00$ -$ 17 EA. Standard or Terminus Manholes 2,500.00$ 42,500$ EA. Drop Manholes 4,000.00$ -$ EA. Cleanouts 500.00$ -$ EA. Sewer Y's 25.00$ -$ EA. Chimneys 400.00$ -$ 17 EA. Adjust M.H. to grade 500.00$ 8,500$ L.F. Concrete Encasement 35.00$ -$ EA. 4" P.V.C. Misc. Fittings 120.00$ -$ L.F. Sewer Pipe Sleeving 36.00$ -$ L.S. Sewer Lift Station -$ -$ 41 EA. Backflow prevention device 250.00$ 10,250$ 1 EA. Join Existing Manhole (C&G/Sidewalk/Trench Rpr) 12,500.00$ 12,500$ -$ A. Subtotal 252,745$ B. Contingency (15% x A)37,912$ C. Sewer Total (A + B)290,657$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET SEWER IMPROVEMENTS ****************************************************************************************************** TRACT 32850 1/24/2023Page 154 of 424 Page 1 of 19 RECORDING REQUESTED BY: CITY CLERK WHEN RECORDED RETURN TO: City Clerk City of Beaumont 550 E. 6th Street Beaumont, CA 92223 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF BEAUMONT SUBDIVISION IMPROVEMENT AGREEMENT TRACT or PARCEL NO. _________ DATE OF AGREEMENT: _____________________________________________________ NAME OF SUBDIVIDER: _____________________________________________________ __________________________________________________________________________ (hereinafter referred to as “Subdivider”). NAME/NUMBER OF DEVELOPMENT: ____________ subdivision consisting of _________________ residential lots, _____________________, originally approved on _________________, and Tentative Tract/Parcel ____________ (“Tract/Parcel” or “Tentative Tract/Parcel Map”) , originally approved on: ___________________. FINAL TRACT/PARCEL MAP _______________ APPROVED ON ___________________ RECORDED ON _________________ AS INSTRUMENT NUMBER ________________ (“Final Tract Map/Final Parcel Map”). PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit “A” attached hereto and incorporated herein (hereinafter the “Property”). EST. TOTAL COST OF PUBLIC IMPROVEMENTS: $ _______________ (see Exhibit “B”) EST. TOTAL COST OF PRIVATE IMPROVEMENTS: $ _______________ (see Exhibit “B”) EST. TOTAL COST OF MONUMENTATION: $_______________ (see Exhibit “B”) ________________________________________________________________________________________________________________ Lien Contract Recording Information: ____________________________________________ LETTER OF CREDIT NUMBERS: _______________________________________________ FINANCIAL INSTITUTION: ____________________________________________________ Page 155 of 424 THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as “City”), and _____________________________________________________, (hereinafter referred to as “Subdivider”). City and Subdivider are sometimes referred to hereinafter individually as a “Party”, and collectively as the “Parties”. RECITALS A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit “A” attached hereto and incorporated and made part of this Agreement by this reference (the “Property”). B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes. D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws. E. Improvement Plans (the “Plans”) for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works (“City Engineer”). The City has adopted standards (hereinafter “Standards”) for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit “B” and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit “B”. Page 2 of 19 Page 156 of 424 Page 3 of 19 G. For the purposes of this Agreement, the term “Public Improvements” means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit “B”. NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows: 1. Subdivider’s Obligation to Construct Improvements. (a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit “B” (hereinafter collectively the “Improvements”) within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement. (c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards. (e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights-of-way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Subdivider’s obligations relating to acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City. Page 157 of 424 Page 4 of 19 2.Improvement Securities. (a)Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as “Improvement Securities” and individually as “Improvement Security”) to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City’s final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit “A”. Said securities are estimated at this time in Exhibit “B” to be in the following amounts, and shall be for the purposes described as follows: (i)___________________________________________ and 75/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement (“Performance Security”), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit “B”; and (ii)__________________________________________and 75/100 DOLLARS ($XXX,XXX.XX) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement (“Labor & Materials Security”), which amount is one-hundred percent (100%) of the estimated cost of the Improvements; and (iii)________________________and 00/100 DOLLARS ($ XX,XXX.XX) in the form of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished (“Warranty Security”). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City’s release of any bonds or Improvement Securities filed with this Agreement. (iv)____________________and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit “A”, and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b)The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best’s Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or Page 158 of 424 Page 159 of 424 Page 160 of 424 Page 161 of 424 Page 162 of 424 Page 163 of 424 Page 164 of 424 Page 165 of 424 Page 166 of 424 Page 167 of 424 Page 168 of 424 Page 169 of 424 Page 170 of 424 Page 171 of 424 Page 172 of 424 Page 173 of 424 Page 174 of 424 Page 175 of 424 Page 176 of 424 Page 177 of 424 Page 178 of 424 Page 179 of 424 Page 180 of 424 Page 181 of 424 Page 182 of 424 Page 183 of 424 Page 184 of 424 Page 185 of 424 Page 186 of 424 Page 187 of 424 Page 188 of 424 Page 189 of 424 Page 190 of 424 PARCEL MAP OR TRACT NO.: DATE: PP, CUP NO.: BY: IMPROVEMENTS FAITHFUL PERFORMANCE 100% ( of Estimated Construction Costs) Streets Drainage Sewer Total Warranty Retension (10%) Street/Drainage Plan Check Fees = Sewer Plan Check Fees = Street Inspection Fees = Sewer Inspection Fees = determining bonding, plan check and inspection costs. Above amounts do include additional 20% for recordation prior to having signed plans Above amounts do not X include additional 20% for recordation prior to having signed plans Engineer's Signature Date Name typed or printed FORM $ UNIT COSTS REVISED 09/06 1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet". 2. Show Bond Amounts to the nearest $500. 3. Engineer should be used. 229,932.15$ 288,638.50$ 2,299,321.50$ to construct the above project and the mathematical extensions using City's unit costs are accurate for Construction items and their quantities as shown on attached sheets are accurate for the improvements required DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Steven H. Ritchey Civil Engineer's Stamp *****PLEASE READ INSTRUCTIONS BELOW***** For construction items not covered by "City of Beaumont Improvement Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont Unit Costs are 1,720,026.25$ 01/24/23 LABOR & MATERIALS SECURITY 100% 290,656.75$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET Land Engineering Consultants, Inc. TRACT 32850 1/24/2023 1/24/2023 Page 191 of 424 PROJECT:DATE: 01/24/23 QTY. UNIT ITEM UNIT COST AMOUNT Roadway Excavation 5,035 C.Y. 1. Projects with a grading plan area x 0.50' (hinge point to hinge point)(271,890 sf)15.00$ 75,525$ 2. Projects without a grading plan (road area and side slopes to daylight Cut (C) = Fill (f) = C.Y. (c or f) (a.) Excavate and Fill 0.40$ -$ C.Y. (f - c) (b.) Excavate and Export 1.10$ -$ (c.) Import and Fill 2.80$ -$ If balance, provide (a.) only, either cut or fill If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual costs to assure that work will be corrected to eliminate hazardous conditions.) S.F. Grinding A.C. in place 1.00$ -$ S.F. Remove A.C. Pavement 1.00$ -$ L.F. Remove Curb and Gutter 6.00$ -$ L.F. Remove A.C. Dike 3.00$ -$ S.F. Remove Sidewalk 3.00$ -$ 21,105 S.F. Sawcut & Remove Exist. A.C. Pavement 2.00$ 42,210$ 4,715 S.F. Cold Plane A.C. Pavement 1.00$ 4,715$ E.A. Relocate Mailbox 250.00$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal: 122,450$ STREET IMPROVEMENTS CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET TRACT 32850 1/24/2023Page 192 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT 1000 L.F. Remove Chain Link Fence 2.50$ 2,500$ EA. Remove Barricade $ 200.00 -$ 4,545 TON Asphalt Concrete - 144 lbs/cu. Ft. (On-Site SF @ AC thickness Ft.)90.00$ 409,050$ 3,484 C.Y. Aggregate Base Class II (OnSite SF @ AB thickness Ft.) 50.00$ 174,200$ TON Asphalt Emulsion (Fog Seal/Paint Binder) (1 ton = 240 gals) (OnSite SF)600.00$ -$ apply at 0.05 + 0.03 = 0.08 gal/SY 4,715 S.F AC overlay (min. 0.10') If export, provide (a) & (b), a=fill, b=cut-fill If import, provide (a)&(C), a=cut, c=fill-cut (Unit costs for (a), (b) & (C) are 20% of actual costs to assure that work will be corrected to eliminate hazardous conditions.)1.00$ 4,715$ L.F. Curb and Gutter (Wedge Curb) 8.00$ -$ 9,410 L.F. Curb and Gutter (Type A-6) 10.00$ 94,100$ L.F. Curb and Gutter (Type A-8) 12.00$ -$ L.F. Type "C" Curb 10.00$ -$ 1,695 L.F. Type "D" Curb 15.00$ 25,425$ L.F. A.C. Dike (6") (incl. material & labor) 8.00$ -$ L.F. A.C. Dike (8") (incl. Material & labor) 10.00$ -$ 2,390 S.F. P.C.C. Cross Gutter and Spandrels 10.00$ 23,900$ 41,575 S.F. P.C.C. Sidewalk 6.00$ 249,450$ 14,784 S.F. P.C.C. Drive Approach 8.00$ 118,272$ 12 EA. Handicapped Access Ramp 1,500.00$ 18,000$ S.F. P.C.C. Drive Approach 8.00$ -$ (individual lot driveway approach per finished grading plan) S.F. Cold Plane & Overlay Exist. A.C. Paving 4.00$ -$ Subtotal: 1,119,612.00$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET STREET IMPROVEMENTS (Cont'd.) TRACT 32850 1/24/2023Page 193 of 424 PROJECT:DATE: 01/24/23 QTY. UNIT ITEM UNIT COST AMOUNT EA. Street Name Sign 275.00$ -$ EA. Delineators-per Caltrans Std. A73C, Class 1, Type F 45.00$ -$ EA. Object Markers - Modified Type F Delineators, Riverside County 60.00$ -$ L.F. Barricades 28.00$ -$ 5,125 L.F. Utility Trench, one side (Edison, Telephone, Cable) (Total length of streets)10.00$ 51,250$ L.F. Chain Link Fence (6') 12.00$ -$ L.F. Remove Fence 4.00$ -$ 5 EA. Relocate Power Pole 10,000.00$ 50,000$ 15 EA. Street Lights (including conduit) 5,000.00$ 75,000$ EA. Street Trees (15 gallon) 150.00$ -$ 7,690 L.S. Landscape and Irrigation 5.00$ 38,450$ EA. Concrete Bulkhead 200.00$ -$ C.Y. Structural Reinforced Concrete 400.00$ -$ EA. Slope Anchors for Pipes 300.00$ -$ L.F. Cut Off Wall (Std. 2') 5.50$ -$ EA. A.C. Overside Drain 500.00$ -$ EA. Under Sidewalk Drain Std. 309 2,000.00$ -$ EA. Flat Outlet Drainage Structure Std. 303 500.00$ -$ EA. Curb Outlet Drainage Structure Std. 308 500.00$ -$ S.F. Terrace Drains and Down Drains 6.50$ -$ S.F. Interceptor Drains 6.50$ -$ 6 EA. "STOP" Pavement Marking 200.00$ 1,200$ 108 L.F. Limit Line 2.00$ 216$ 6 EA. R1 "STOP SIGN" 250.00$ 1,500$ EA. W53 "NOT A THROUGH STREET" 250.00$ -$ 1706 S.F. Remove Traffic Stripes and Paint Markings 2.50$ 4,265$ 10 EA. Street Name Sign 400.00$ 4,000$ 16 EA. Install Sign (Strap and Saddle Bracket Method) 150.00$ 2,400$ 13 EA.Object Markers - Type "F" Delineators 60.00$ 780$ 228 S.F. Thermoplastic Cross Walk and Pavement Marking 4.00$ 912$ Subtotal: 229,973.00$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET STREET IMPROVEMENTS (Cont'd.) TRACT 32850 1/24/2023Page 194 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT EA. Water Quality Structure 2,500.00$ -$ LS Concrete Inlet Apron 11,000.00$ -$ LS Emergency Spillway 27,000.00$ -$ LS 84" Storm Drain Grate 8,500.00$ -$ SF 3' Wide V-Gutter 4.00$ -$ LS Signal & Lighting 100,000.00$ -$ 26 EA. Street Trees (15 Gallon) 140.00$ 3,640$ 1 EA. Water Meter 10,000.00$ 10,000$ 1 EA. Electric Meter 10,000.00$ 10,000$ Subtotal: 23,640$ A. Subtotal 1,495,675$ B. Contingency (15%)224,351$ C. Streets/Drainage Total (A + B) 1,720,026$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET STREET IMPROVEMENTS (Cont'd.) ****************************************************************************************************** TRACT 32850 1/24/2023Page 195 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT 20 C.Y. Rip Rap (1/4 Ton) Method B 40.00$ 800$ C.Y. Rip Rap (1/2 Ton) Method B 45.00$ -$ C.Y. Rip Rap (1 Ton) Method B 50.00$ -$ C.Y. Rip Rap (2 Ton) Method B 55.00$ -$ C.Y. Grouted Rip Rap (1/4 Ton) Method B 60.00$ -$ C.Y. Grouted Rip Rap (1/2 Ton) Method B 67.00$ -$ C.Y. Grouted Rip Rap (1Ton) Method B 75.00$ -$ C.Y. Grouted Rip Rap (2 Ton) Method B 80.00$ -$ 12 L.F. 18" R.C.P. 60.00$ 720$ 65 L.F. 24" R.C.P. 70.00$ 4,550$ 29 L.F. 30" R.C.P. 80.00$ 2,320$ 497 L.F. 36" R.C.P. 90.00$ 44,730$ 265 L.F. 42" R.C.P. 100.00$ 26,500$ 437 L.F. 48 " RCP 110.00$ 48,070$ L.F. 54" RCP 135.00$ -$ L.F. 60" RCP 160.00$ -$ L.F. 72" RCP 200.00$ -$ EA. H.D.P.E. Clean Out 400.00$ -$ EA. Drain Basin 400.00$ -$ EA. Curb Outlet 3,000.00$ -$ EA. Fossil Filters 500.00$ -$ EA. 18" C.M.P. Wye 500.00$ -$ EA. Riprap Headwall 1,000.00$ -$ 2 EA. Concrete Collar 250.00$ 500$ EA. Outlet Structure 10,000.00$ -$ Subtotal: 128,190.00$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET DRAINAGE IMPROVEMENTS TRACT 32850 1/24/2023Page 196 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT EA. Catch Basin W = 4' 1,700.00$ -$ EA. Catch Basin W = 7' 3,000.00$ -$ EA. Catch Basin W = 10' 4,000.00$ -$ 1 EA. Catch Basin W = 14' 5,500.00$ 5,500$ 2 EA. Catch Basin W = 22' 9,000.00$ 18,000$ EA. Type IX Inlet 2,500.00$ -$ EA. Type X Inlet 2,500.00$ -$ EA. Junction Structure No. 1 3,000.00$ -$ EA. Junction Structure No. 2 2,500.00$ -$ EA. Junction Structure No. 6 3,700.00$ -$ EA. Transition Structure No. 1 2,000.00$ -$ EA. Transition Structure No. 3 2,700.00$ -$ EA. Manhole No. 1 2,700.00$ -$ 3 EA. Manhole No. 2 3,300.00$ 9,900$ EA. Manhole No. 3 2,700.00$ -$ 1 EA. Manhole No. 4 5,000.00$ 5,000$ EA. Adjust Water Valve (if no water plan) 150.00$ -$ EA. Adjust MH to grade (if no sewer plan) 400.00$ -$ 1 EA. Headwall with Railing 15,000.00$ 15,000$ EA. Remove & Dispose of RCB Headwall & Wingwall 10,000.00$ -$ L.F. Concrete Bulkhead 25.00$ -$ EA. Outlet Structure (Line A & B) 5,000.00$ -$ 2 EA. Local Depression per RCTD Std 311 Case B 1,200.00$ 2,400$ 2 EA. Local Depression per RCTD Std 311 Case C 1,500.00$ 3,000$ 1 EA. Catch Basin W = 35' 16,000.00$ 16,000$ 1 EA. Energy Dissipator (SPPWC Std. 384-3) 15,000.00$ 15,000$ 4 EA. Catch Basin Connection 4,000.00$ 16,000$ 2 EA. 2 Sack Cement Slurry Protection 500.00$ 1,000$ 1 EA. Grated Inlet Catch Basin W = 12' 16,000.00$ 16,000$ Subtotal: 122,800$ A. Subtotal 250,990$ B. Contingency (15%)37,649$ C. Streets/Drainage Total (A + B) 288,639$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET DRAINAGE IMPROVEMENTS (Cont'd.) TRACT 32850 ***************************************************************************************************** 1/24/2023Page 197 of 424 PROJECT:DATE: 1/24/23 Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable quantities as part of street improvements. QTY. UNIT ITEM UNIT COST AMOUNT 3,427 L.F. 4" P.V.C. (Length to R/W & 5' for cleanout) 15.00$ 51,405$ L.F. 4" P.V.C. Force Main & Fittings 26.00$ -$ 4,253 L.F. 8" V.C.P. 30.00$ 127,590$ L.F. 10" V.C.P. 35.00$ -$ L.F. 12" V.C.P. 40.00$ -$ L.F. 15" V.C.P. 50.00$ -$ 17 EA. Standard or Terminus Manholes 2,500.00$ 42,500$ EA. Drop Manholes 4,000.00$ -$ EA. Cleanouts 500.00$ -$ EA. Sewer Y's 25.00$ -$ EA. Chimneys 400.00$ -$ 17 EA. Adjust M.H. to grade 500.00$ 8,500$ L.F. Concrete Encasement 35.00$ -$ EA. 4" P.V.C. Misc. Fittings 120.00$ -$ L.F. Sewer Pipe Sleeving 36.00$ -$ L.S. Sewer Lift Station -$ -$ 41 EA. Backflow prevention device 250.00$ 10,250$ 1 EA. Join Existing Manhole (C&G/Sidewalk/Trench Rpr) 12,500.00$ 12,500$ -$ A. Subtotal 252,745$ B. Contingency (15% x A)37,912$ C. Sewer Total (A + B)290,657$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET SEWER IMPROVEMENTS ****************************************************************************************************** TRACT 32850 1/24/2023Page 198 of 424 Page 1 of 19 RECORDING REQUESTED BY: CITY CLERK WHEN RECORDED RETURN TO: City Clerk City of Beaumont 550 E. 6th Street Beaumont, CA 92223 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF BEAUMONT SUBDIVISION IMPROVEMENT AGREEMENT TRACT or PARCEL NO. _________ DATE OF AGREEMENT: _____________________________________________________ NAME OF SUBDIVIDER: _____________________________________________________ __________________________________________________________________________ (hereinafter referred to as “Subdivider”). NAME/NUMBER OF DEVELOPMENT: ____________ subdivision consisting of _________________ residential lots, _____________________, originally approved on _________________, and Tentative Tract/Parcel ____________ (“Tract/Parcel” or “Tentative Tract/Parcel Map”) , originally approved on: ___________________. FINAL TRACT/PARCEL MAP _______________ APPROVED ON ___________________ RECORDED ON _________________ AS INSTRUMENT NUMBER ________________ (“Final Tract Map/Final Parcel Map”). PROPERTY SUBJECT TO AGREEMENT: The real property which is the subject of this Agreement is located in the City of Beaumont, County of Riverside and is described in Exhibit “A” attached hereto and incorporated herein (hereinafter the “Property”). EST. TOTAL COST OF PUBLIC IMPROVEMENTS: $ _______________ (see Exhibit “B”) EST. TOTAL COST OF PRIVATE IMPROVEMENTS: $ _______________ (see Exhibit “B”) EST. TOTAL COST OF MONUMENTATION: $_______________ (see Exhibit “B”) ________________________________________________________________________________________________________________ Lien Contract Recording Information: ____________________________________________ LETTER OF CREDIT NUMBERS: _______________________________________________ FINANCIAL INSTITUTION: ____________________________________________________ Page 199 of 424 THIS SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Beaumont, a California municipal corporation (hereinafter referred to as “City”), and _____________________________________________________, (hereinafter referred to as “Subdivider”). City and Subdivider are sometimes referred to hereinafter individually as a “Party”, and collectively as the “Parties”. RECITALS A. Subdivider is the owner of certain real property located in the City of Beaumont legally described on Exhibit “A” attached hereto and incorporated and made part of this Agreement by this reference (the “Property”). B. The conditions of approval of the above referenced Tentative Tract Map and any related entitlements, which are hereby incorporated herein by this reference, require that prior to the issuance of building permits, the Subdivider and the City shall enter into a subdivision improvement agreement, secured with sufficient security, as a guarantee of the construction and completion of all public and private improvements and land development work required by said conditions of approval and by the City subdivision laws and codes. D. In consideration of the approval of a final map by the City Council, Subdivider desires to enter into this Agreement, whereby Subdivider promises to install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivisoion. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws. E. Improvement Plans (the “Plans”) for the construction, installation, and completion of the public and private improvements are being or have been prepared by Subdivider and will be subject to approval by the Director of Engineering/Public Works (“City Engineer”). The City has adopted standards (hereinafter “Standards”) for the construction and installation of improvements within the City, and the Plans will be prepared in conformance with the Standards in effect on the date of the approval of the Application. The Plans will be on file in the Office of the City Engineer and are incorporated into this Agreement by this reference as if set forth fully herein. All references in this Agreement to the Plans shall be deemed to include reference to any specifications for all of the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public and private improvements and performing the land development work according to the Plans has been made and approved by the City Engineer. The estimated cost of these improvements is set forth on Page One (1) of this Agreement, and the basis for the estimate is attached hereto as Exhibit “B” and incorporated and made part of this Agreement by this reference. The amounts of the Improvement Securities required to be posted with this Agreement are also based upon the estimate in Exhibit “B”. Page 2 of 19 Page 200 of 424 Page 3 of 19 G. For the purposes of this Agreement, the term “Public Improvements” means all those improvements within the Tract/Parcel intended for transfer or conveyance to the City or other public agency. The estimated cost of their construction is included in the above estimate included herein as Exhibit “B”. NOW, THEREFORE, in consideration of the issuance of the Final Tract map, Subdivider and City hereby agree as follows: 1. Subdivider’s Obligation to Construct Improvements. (a) In constructing and installing the improvements, Subdivider shall comply with all of the requirements and conditions of approval of in the Tentative Tract Map, related entitlements as well as the provisions of the Municipal Code and Subdivision Laws. (b) Subdivider shall complete, at its own expense, all the public and private improvements and related work on the Development, as required by the conditions of approval of the Tentative Map and related entitlements in conformance with the approved Plans and City Standards, including without limitation, those improvements set forth in Exhibit “B” (hereinafter collectively the “Improvements”) within twenty-four (24) months of the date of this Agreement, unless a time extension is granted by the City as authorized by Section 20 of this Agreement. (c) Notwithstanding the time limits specified in Section 1(b) above, no single family dwelling unit or group of units shall be given final inspection and clearance for occupancy by City unless the private and public streets providing access to and fronting such units are completed, the final lifts of pavement on the streets are in place, and all wet and dry utility services (e.g. sewer, water, electrical power, telephone, gas, etc.) to such units are in place and are operational. (d) Subdivider shall furnish the necessary materials for completion of the Improvements in conformity with the Plans and City Standards. (e) Subdivider shall acquire and dedicate, or pay the cost of acquisition by the City, of all rights-of-way, easements and other interests in real property required for construction or installation of the Improvements, free and clear of all liens and encumbrances. Subdivider’s obligations relating to acquisition by City of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between Subdivider and City. Subdivider shall also be responsible for obtaining any public or private drainage easements or authorizations therefor to accommodate the Development. (f) Subdivider shall furnish and install all monuments, stakes and property corners on the lots and streets in the Property as specified on the final recorded tract maps for the Development in accordance with the provisions of the Subdivision Laws, and shall submit centerline tie sheets to City, within thirty (30) days after completion of the Improvements, or as specified in any separate monument agreement with the City, but in any event prior to their acceptance by the City. Page 201 of 424 Page 4 of 19 2.Improvement Securities. (a)Subdivider agrees to secure this Agreement with good and sufficient improvement securities in a form approved by the City Attorney (referred collectively hereinafter as “Improvement Securities” and individually as “Improvement Security”) to guarantee the construction and completion of all the improvements in the Development. All such improvement securities shall be posted with the City prior to the City’s final building inspection and issuance of a Certificate of Occupancy for any single family dwelling constructed by Subdivider, its agents, assigns or contractors, on any lot within the Development, as described in Exhibit “A”. Said securities are estimated at this time in Exhibit “B” to be in the following amounts, and shall be for the purposes described as follows: (i)_____________________________________________ and 25/100 DOLLARS ($XXX,XXX.XX) to ensure faithful performance of the construction and installation of the public and private Improvements required by this Agreement (“Performance Security”), which amount is 100% of the estimated cost of the Improvements as set forth in Exhibit “B”; and (ii)___________________________________________and 25/100 DOLLARS ($XXX,XXX.XX) to secure payment to any contractor, subcontractor, persons renting equipment or furnishing labor materials for the Improvements required to be constructed or installed pursuant to this Agreement (“Labor & Materials Security”), which amount is one-hundred percent (100%) of the estimated cost of the Improvements; and (iii)________________________and 00/100 DOLLARS ($ XX,XXX.XX) in the form of a Warranty Bond or cash deposit with the City to guarantee or warranty the Improvement work done pursuant to this Agreement for a period of one (1) year following acceptance/certification thereof by City, against any defective work or labor done or defective materials furnished (“Warranty Security”). The Warranty Security is 10% of the estimated cost of the Performance Security amount described above, and such Warranty Security must be provided by Subdivider to City prior to the City’s release of any bonds or Improvement Securities filed with this Agreement. (iv)____________________and 00/100 Dollars ($X,XXX.XX) in the form of a cash deposit, which is 100% of the estimated cost of setting all final subdivision monuments, boundary corners, front and rear lot corners and centerline ties not previously set or submitted on the lots and streets within the Property as described in Exhibit “A”, and for the preparation and recordation of any related Certificate of Correction, as required by Section 66469 of the State Subdivision Map Act. (b)The Improvement Securities required by this Agreement shall be kept on file with the City Clerk. If surety bonds are used, they must be issued by a surety company currently admitted to transact surety insurance business in California by the California Department of Insurance, with a Best’s Insurance Guide rating of no less than A-. The terms of any documents evidencing such Improvement Securities as set forth in this Section 2 or Page 202 of 424 Page 203 of 424 Page 204 of 424 Page 205 of 424 Page 206 of 424 Page 207 of 424 Page 208 of 424 Page 209 of 424 Page 210 of 424 Page 211 of 424 Page 212 of 424 Page 213 of 424 Page 214 of 424 Page 215 of 424 Page 216 of 424 Page 217 of 424 Page 218 of 424 Page 219 of 424 Page 220 of 424 Page 221 of 424 Page 222 of 424 Page 223 of 424 Page 224 of 424 Page 225 of 424 Page 226 of 424 Page 227 of 424 Page 228 of 424 Page 229 of 424 Page 230 of 424 Page 231 of 424 Page 232 of 424 PARCEL MAP OR TRACT NO.: DATE: PP, CUP NO.: BY: IMPROVEMENTS FAITHFUL PERFORMANCE 100% ( of Estimated Construction Costs) Streets Drainage Sewer Total Warranty Retension (10%) Street/Drainage Plan Check Fees = Sewer Plan Check Fees = Street Inspection Fees = Sewer Inspection Fees = determining bonding, plan check and inspection costs. Above amounts do include additional 20% for recordation prior to having signed plans Above amounts do not X include additional 20% for recordation prior to having signed plans Engineer's Signature Date Name typed or printed FORM $ UNIT COSTS REVISED 09/06 1. Quantities to be taken from improvement plans, Unit costs to be as provided on "City of Beaumont Improvement Requirement Worksheet". 2. Show Bond Amounts to the nearest $500. 3. Engineer should be used. 229,932.15$ 288,638.50$ 2,299,321.50$ to construct the above project and the mathematical extensions using City's unit costs are accurate for Construction items and their quantities as shown on attached sheets are accurate for the improvements required DESIGN ENGINEERS CALCULATIONS OF IMPROVEMENT BONDING COSTS determined to be too low in the opinion of the Design Engineer, the higher costs as provided by the Design Steven H. Ritchey Civil Engineer's Stamp *****PLEASE READ INSTRUCTIONS BELOW***** For construction items not covered by "City of Beaumont Improvement Worksheet", Design Engineer is to provide his opinion of construction cost and use of that cost. If City of Beaumont Unit Costs are 1,720,026.25$ 01/24/23 LABOR & MATERIALS SECURITY 100% 290,656.75$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT CONSTRUCTION COST WORKSHEET Land Engineering Consultants, Inc. TRACT 32850 1/24/2023 1/24/2023 Page 233 of 424 PROJECT:DATE: 01/24/23 QTY. UNIT ITEM UNIT COST AMOUNT Roadway Excavation 5,035 C.Y. 1. Projects with a grading plan area x 0.50' (hinge point to hinge point)(271,890 sf)15.00$ 75,525$ 2. Projects without a grading plan (road area and side slopes to daylight Cut (C) = Fill (f) = C.Y. (c or f) (a.) Excavate and Fill 0.40$ -$ C.Y. (f - c) (b.) Excavate and Export 1.10$ -$ (c.) Import and Fill 2.80$ -$ If balance, provide (a.) only, either cut or fill If export, provide (a.) & (b.), a = fill, b = cut - fill If import, provide (a. ) & (c.), a = cut, c= fill - cut (Unit costs for (a.), (b.) & (c.) are 20% of acrual costs to assure that work will be corrected to eliminate hazardous conditions.) S.F. Grinding A.C. in place 1.00$ -$ S.F. Remove A.C. Pavement 1.00$ -$ L.F. Remove Curb and Gutter 6.00$ -$ L.F. Remove A.C. Dike 3.00$ -$ S.F. Remove Sidewalk 3.00$ -$ 21,105 S.F. Sawcut & Remove Exist. A.C. Pavement 2.00$ 42,210$ 4,715 S.F. Cold Plane A.C. Pavement 1.00$ 4,715$ E.A. Relocate Mailbox 250.00$ -$ -$ -$ -$ -$ -$ -$ -$ Subtotal: 122,450$ STREET IMPROVEMENTS CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET TRACT 32850 1/24/2023Page 234 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT 1000 L.F. Remove Chain Link Fence 2.50$ 2,500$ EA. Remove Barricade $ 200.00 -$ 4,545 TON Asphalt Concrete - 144 lbs/cu. Ft. (On-Site SF @ AC thickness Ft.)90.00$ 409,050$ 3,484 C.Y. Aggregate Base Class II (OnSite SF @ AB thickness Ft.) 50.00$ 174,200$ TON Asphalt Emulsion (Fog Seal/Paint Binder) (1 ton = 240 gals) (OnSite SF)600.00$ -$ apply at 0.05 + 0.03 = 0.08 gal/SY 4,715 S.F AC overlay (min. 0.10') If export, provide (a) & (b), a=fill, b=cut-fill If import, provide (a)&(C), a=cut, c=fill-cut (Unit costs for (a), (b) & (C) are 20% of actual costs to assure that work will be corrected to eliminate hazardous conditions.)1.00$ 4,715$ L.F. Curb and Gutter (Wedge Curb) 8.00$ -$ 9,410 L.F. Curb and Gutter (Type A-6) 10.00$ 94,100$ L.F. Curb and Gutter (Type A-8) 12.00$ -$ L.F. Type "C" Curb 10.00$ -$ 1,695 L.F. Type "D" Curb 15.00$ 25,425$ L.F. A.C. Dike (6") (incl. material & labor) 8.00$ -$ L.F. A.C. Dike (8") (incl. Material & labor) 10.00$ -$ 2,390 S.F. P.C.C. Cross Gutter and Spandrels 10.00$ 23,900$ 41,575 S.F. P.C.C. Sidewalk 6.00$ 249,450$ 14,784 S.F. P.C.C. Drive Approach 8.00$ 118,272$ 12 EA. Handicapped Access Ramp 1,500.00$ 18,000$ S.F. P.C.C. Drive Approach 8.00$ -$ (individual lot driveway approach per finished grading plan) S.F. Cold Plane & Overlay Exist. A.C. Paving 4.00$ -$ Subtotal: 1,119,612.00$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET STREET IMPROVEMENTS (Cont'd.) TRACT 32850 1/24/2023Page 235 of 424 PROJECT:DATE: 01/24/23 QTY. UNIT ITEM UNIT COST AMOUNT EA. Street Name Sign 275.00$ -$ EA. Delineators-per Caltrans Std. A73C, Class 1, Type F 45.00$ -$ EA. Object Markers - Modified Type F Delineators, Riverside County 60.00$ -$ L.F. Barricades 28.00$ -$ 5,125 L.F. Utility Trench, one side (Edison, Telephone, Cable) (Total length of streets)10.00$ 51,250$ L.F. Chain Link Fence (6') 12.00$ -$ L.F. Remove Fence 4.00$ -$ 5 EA. Relocate Power Pole 10,000.00$ 50,000$ 15 EA. Street Lights (including conduit) 5,000.00$ 75,000$ EA. Street Trees (15 gallon) 150.00$ -$ 7,690 L.S. Landscape and Irrigation 5.00$ 38,450$ EA. Concrete Bulkhead 200.00$ -$ C.Y. Structural Reinforced Concrete 400.00$ -$ EA. Slope Anchors for Pipes 300.00$ -$ L.F. Cut Off Wall (Std. 2') 5.50$ -$ EA. A.C. Overside Drain 500.00$ -$ EA. Under Sidewalk Drain Std. 309 2,000.00$ -$ EA. Flat Outlet Drainage Structure Std. 303 500.00$ -$ EA. Curb Outlet Drainage Structure Std. 308 500.00$ -$ S.F. Terrace Drains and Down Drains 6.50$ -$ S.F. Interceptor Drains 6.50$ -$ 6 EA. "STOP" Pavement Marking 200.00$ 1,200$ 108 L.F. Limit Line 2.00$ 216$ 6 EA. R1 "STOP SIGN" 250.00$ 1,500$ EA. W53 "NOT A THROUGH STREET" 250.00$ -$ 1706 S.F. Remove Traffic Stripes and Paint Markings 2.50$ 4,265$ 10 EA. Street Name Sign 400.00$ 4,000$ 16 EA. Install Sign (Strap and Saddle Bracket Method) 150.00$ 2,400$ 13 EA.Object Markers - Type "F" Delineators 60.00$ 780$ 228 S.F. Thermoplastic Cross Walk and Pavement Marking 4.00$ 912$ Subtotal: 229,973.00$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET STREET IMPROVEMENTS (Cont'd.) TRACT 32850 1/24/2023Page 236 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT EA. Water Quality Structure 2,500.00$ -$ LS Concrete Inlet Apron 11,000.00$ -$ LS Emergency Spillway 27,000.00$ -$ LS 84" Storm Drain Grate 8,500.00$ -$ SF 3' Wide V-Gutter 4.00$ -$ LS Signal & Lighting 100,000.00$ -$ 26 EA. Street Trees (15 Gallon) 140.00$ 3,640$ 1 EA. Water Meter 10,000.00$ 10,000$ 1 EA. Electric Meter 10,000.00$ 10,000$ Subtotal: 23,640$ A. Subtotal 1,495,675$ B. Contingency (15%)224,351$ C. Streets/Drainage Total (A + B) 1,720,026$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET STREET IMPROVEMENTS (Cont'd.) ****************************************************************************************************** TRACT 32850 1/24/2023Page 237 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT 20 C.Y. Rip Rap (1/4 Ton) Method B 40.00$ 800$ C.Y. Rip Rap (1/2 Ton) Method B 45.00$ -$ C.Y. Rip Rap (1 Ton) Method B 50.00$ -$ C.Y. Rip Rap (2 Ton) Method B 55.00$ -$ C.Y. Grouted Rip Rap (1/4 Ton) Method B 60.00$ -$ C.Y. Grouted Rip Rap (1/2 Ton) Method B 67.00$ -$ C.Y. Grouted Rip Rap (1Ton) Method B 75.00$ -$ C.Y. Grouted Rip Rap (2 Ton) Method B 80.00$ -$ 12 L.F. 18" R.C.P. 60.00$ 720$ 65 L.F. 24" R.C.P. 70.00$ 4,550$ 29 L.F. 30" R.C.P. 80.00$ 2,320$ 497 L.F. 36" R.C.P. 90.00$ 44,730$ 265 L.F. 42" R.C.P. 100.00$ 26,500$ 437 L.F. 48 " RCP 110.00$ 48,070$ L.F. 54" RCP 135.00$ -$ L.F. 60" RCP 160.00$ -$ L.F. 72" RCP 200.00$ -$ EA. H.D.P.E. Clean Out 400.00$ -$ EA. Drain Basin 400.00$ -$ EA. Curb Outlet 3,000.00$ -$ EA. Fossil Filters 500.00$ -$ EA. 18" C.M.P. Wye 500.00$ -$ EA. Riprap Headwall 1,000.00$ -$ 2 EA. Concrete Collar 250.00$ 500$ EA. Outlet Structure 10,000.00$ -$ Subtotal: 128,190.00$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET DRAINAGE IMPROVEMENTS TRACT 32850 1/24/2023Page 238 of 424 PROJECT:DATE: 1/24/23 QTY. UNIT ITEM UNIT COST AMOUNT EA. Catch Basin W = 4' 1,700.00$ -$ EA. Catch Basin W = 7' 3,000.00$ -$ EA. Catch Basin W = 10' 4,000.00$ -$ 1 EA. Catch Basin W = 14' 5,500.00$ 5,500$ 2 EA. Catch Basin W = 22' 9,000.00$ 18,000$ EA. Type IX Inlet 2,500.00$ -$ EA. Type X Inlet 2,500.00$ -$ EA. Junction Structure No. 1 3,000.00$ -$ EA. Junction Structure No. 2 2,500.00$ -$ EA. Junction Structure No. 6 3,700.00$ -$ EA. Transition Structure No. 1 2,000.00$ -$ EA. Transition Structure No. 3 2,700.00$ -$ EA. Manhole No. 1 2,700.00$ -$ 3 EA. Manhole No. 2 3,300.00$ 9,900$ EA. Manhole No. 3 2,700.00$ -$ 1 EA. Manhole No. 4 5,000.00$ 5,000$ EA. Adjust Water Valve (if no water plan) 150.00$ -$ EA. Adjust MH to grade (if no sewer plan) 400.00$ -$ 1 EA. Headwall with Railing 15,000.00$ 15,000$ EA. Remove & Dispose of RCB Headwall & Wingwall 10,000.00$ -$ L.F. Concrete Bulkhead 25.00$ -$ EA. Outlet Structure (Line A & B) 5,000.00$ -$ 2 EA. Local Depression per RCTD Std 311 Case B 1,200.00$ 2,400$ 2 EA. Local Depression per RCTD Std 311 Case C 1,500.00$ 3,000$ 1 EA. Catch Basin W = 35' 16,000.00$ 16,000$ 1 EA. Energy Dissipator (SPPWC Std. 384-3) 15,000.00$ 15,000$ 4 EA. Catch Basin Connection 4,000.00$ 16,000$ 2 EA. 2 Sack Cement Slurry Protection 500.00$ 1,000$ 1 EA. Grated Inlet Catch Basin W = 12' 16,000.00$ 16,000$ Subtotal: 122,800$ A. Subtotal 250,990$ B. Contingency (15%)37,649$ C. Streets/Drainage Total (A + B) 288,639$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET DRAINAGE IMPROVEMENTS (Cont'd.) TRACT 32850 ***************************************************************************************************** 1/24/2023Page 239 of 424 PROJECT:DATE: 1/24/23 Show quantities on this sheet only if project has a sewer plan. If no water plan, then show applicable quantities as part of street improvements. QTY. UNIT ITEM UNIT COST AMOUNT 3,427 L.F. 4" P.V.C. (Length to R/W & 5' for cleanout) 15.00$ 51,405$ L.F. 4" P.V.C. Force Main & Fittings 26.00$ -$ 4,253 L.F. 8" V.C.P. 30.00$ 127,590$ L.F. 10" V.C.P. 35.00$ -$ L.F. 12" V.C.P. 40.00$ -$ L.F. 15" V.C.P. 50.00$ -$ 17 EA. Standard or Terminus Manholes 2,500.00$ 42,500$ EA. Drop Manholes 4,000.00$ -$ EA. Cleanouts 500.00$ -$ EA. Sewer Y's 25.00$ -$ EA. Chimneys 400.00$ -$ 17 EA. Adjust M.H. to grade 500.00$ 8,500$ L.F. Concrete Encasement 35.00$ -$ EA. 4" P.V.C. Misc. Fittings 120.00$ -$ L.F. Sewer Pipe Sleeving 36.00$ -$ L.S. Sewer Lift Station -$ -$ 41 EA. Backflow prevention device 250.00$ 10,250$ 1 EA. Join Existing Manhole (C&G/Sidewalk/Trench Rpr) 12,500.00$ 12,500$ -$ A. Subtotal 252,745$ B. Contingency (15% x A)37,912$ C. Sewer Total (A + B)290,657$ CITY OF BEAUMONT PUBLIC WORKS DEPARTMENT IMPROVEMENT REQUIREMENT WORKSHEET SEWER IMPROVEMENTS ****************************************************************************************************** TRACT 32850 1/24/2023Page 240 of 424 Staff Report TO: City Council FROM: Sean Thuilliez, Chief of Police DATE February 21, 2023 SUBJECT: Request for Approval to Purchase PSEC Communications Equipment Description Request for approval to purchase four (4) PSEC compatible communications consolettes with required accessories. Background and Analysis: On August 3, 2021, City Council was presented with the Police Department’s need to either update the obsolete Eastern Riverside County Interoperable Communications Authority (ERICA) system and equipment or join the Riverside County Public Safety Enterprise Communications (PSEC) group. After reviewing the options, City Council voted to approve the equipment purchases and infrastructure upgrades necessary to facilitate the Police Department’s ability to transition over to the PSEC system. The Police Department has purchased PSEC-capable handheld radios, mobile radios for vehicles, and dispatch communications equipment. During the installation and implementation phase of the project, it was determined that the current consolettes and router with power adapters were too antiquated to operate on the new system. To complete the project, four (4) new consolettes and two (2) SAR-A routers will be required. The cost to purchase the required equipment to complete the PSEC system transition is $ 60,589.95. This required equipment is only offered directly from the manufacturer and is a single- source procurement authorized by Beaumont Municipal Code 3.02.050. Fiscal Impact: The cost to purchase four (4) consolettes is $ 44,071.87. The cost to purchase two (2) routers with power adapters is $ 16,518.08. The total cost is $ 60,589.95. These funds will come from the Capitol Improvement Project PS-04A. Page 241 of 424 Recommended Action: Approve $ 60,589.95 in CIP Fund expenditures to purchase four (4) PSEC-compatible communications consolettes and two SAR-A routers with power adapters. Attachments: A. Quote from Motorola Solutions B. Quote from Nokia Solutions Page 242 of 424 Page 243 of 424 Page 244 of 424 Nokia Confidential February 8, 2023 Nokia of America Corporation Riverside County SAR-A Contract # NASPO 00318 Proposal # 23.US.315415 Customer Solutions Manager:Pete Shambo Email:pete.shambo@nokia.com Account Executive:Mayank Bhatia Email:Mayank.1.bhatia@Nokia.com Customer Solution Architech Patrick Vadnais Email:pat.vadnais@nokia.com This Proposal is submitted pursuant to the terms and conditions of the existing general purchase agreement between Nokia of America Corporation and County of Riverside. Should no general purchase agreement exist, this Proposal is submitted pursuant to Nokia of America Corporation standard terms and conditions for such items and/or services as proposed herein. Nokia ConfidentialPage 245 of 424 Nokia Confidential E-Mail PO to nokia.order_now_12587@nokia.com and reference the Proposal # on cover sheet. Nokia ConfidentialPage 246 of 424 Detailed Pricing Summary Riverside County Nokia of America Corporation SAR-A Proposal #23.US.315415 February 8, 2023 Contract #NASPO 00318 Item Category Item Description Extended Price 1.00 1.01 IP Routing 1RU SAR-A $12,350.00 1.02 IP Routing SAR-A power supply $975.00 1.03 IP Routing SAR-A powr sup tray $900.00 $14,225.00 $14,225.00 2.00 2.01 IP Routing SAR Release 21.x OS License 1,105.00$ EQUIPMENT SUB TOTAL $15,330.00 CA and Riverside Taxes 7.75%$1,188.08 TOTAL $16,518.08 Pricing Notes: 3. Prices are valid for 60 days. 6. Transportation, ancillary material, travel and living expenses are excluded. 8. Software quoted is latest version available. If previous versions are desired, contact Nokia prior to shipping. 7. Typical equipment lead time is approximately 8 weeks or sooner After Receipt of Purchase Order with valid frequencies based on equipment availability. Lead time can be confirmed After Receipt of Purchase Order and order scheduling. 5. Pricing is based on attached Scope Of Work, Assumptions, Detailed Equipment List and/or Design Configurations. 4. This pricing is valid only for the equipment, equipment features, and services explicitly described within this proposal. Any equipment item, equipment feature, installation item, or service not explicitly described in this bid is not included in this pricing, and any addition of such will require a revised proposal with modified pricing. Additional information obtained by, but not limited to, Path and Site Surveys could require changes to the scope and content of this proposal. Please review all sections of this bid carefully for details as to what this proposal includes, and what assumptions have been made. HARDWARE Hardware SubTotal: Hardware Total: E-Mail PO to nokia.order_now_12587@nokia.com and reference the Proposal # on cover sheet. 2. The terms and conditions, including planning pricing, of the items provided under this Proposal or subsequent agreements are subject to future negotiations and future agreement on the terms and conditions which would any sale. There are no penalties, liquidated damages or other remedies associated with changes to the pricing. 1. The budgetary planning pricing included above provided by Nokia of America Corporation is indicative only, solely to inform County of Riverside of Nokia of America Corporation's current estimate of prices for the relevant item(s) to enable County of Riverside to evaluate its potential interest. SOFTWARE Nokia Proprietary/Confidential Information 3 of 56 Page 247 of 424 Nokia Confidential Contract #:NASPO 00318 Nokia of America Corporation Customer:Riverside County Project:SAR-A 3201 Olympus Blvd Proposal #:23.US.315415 Dallas, TX 75019 Date:February 8, 2023 Prepared by:Patrick Vadnais Email:pat.vadnais@nokia.com Part Number Description Unit Sell Price System Quantity Extended System Line Item Extended IP Routing SAR 3HE06796AA 1RU SAR-A with redundant -48V DC power feeds. Node has 4xRJ45/SFP combo GigE ports, 4xSFP GigE ports and 4xRJ45 FE ports. OS and other licenses sold separately.6,175.00$ 2 12,350.00$ 3HE06972AB PSE Certified 100W Hi Voltage Power Supply – 85-264VAC or 88-300VDC input, single 54VDC output 487.50$ 2 975.00$ 3HE09095AA Rear attachable trays for SAR-A/Ax. Holds two 100W power supplies 450.00$ 2 900.00$ HARDWARE TOTAL $14,225.00 3HE02784PA SAR Release 21.x OS License. One (1) OS Upgrade is required for each SAR-8, SAR-M, SAR-A, SAR-Wx, SAR-H, SAR-Hc, SAR-X, SAR-Ax in the network. See the optional RTUs available for additional advanced features. This SW RTU license is intangible. Nothing physical is shipped. 552.50$ 2 1,105.00$ SOFTWARE TOTAL 1,105.00$ EQUIPMENT TOTAL $15,330.00 Nokia ConfidentialPage 248 of 424 Staff Report TO: City Council FROM: Sean Thuilliez, Chief of Police DATE February 21, 2023 SUBJECT: Edward Byrne Memorial Justice Assistance Grant Program Fiscal Year 2022 Interlocal Agreement Description Request to approve the Interlocal Agreement with the Riverside County Sheriff’s Department to receive JAG grant funding to purchase two (2) electric patrol bicycles. Background and Analysis: The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for the 2022 FY Edward Byrne Memorial Justice Assistance Grant (JAG) Program (see Attachment A). This program assists state, local, and tribal law enforcement efforts to prevent or reduce crime and violence. The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal justice funding to states and units of local government. BJA will award JAG Program funds to eligible units of local government under the FY 2022 JAG Program Local Solicitation. In general, JAG funds awarded to a unit of local government under this FY 2022 solicitation may be used to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and informa tion systems for criminal justice, including any one or more of the following: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Corrections and community corrections programs • Drug treatment and enforcement programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation) • Mental health programs and related law enforcement and corrections programs Page 249 of 424 Staff is seeking City Council’s approval to enter an interlocal agreement between the Riverside County Sherriff’s Department and the City of Beaumont to seek JAG funds in the amount of $10,633.00 (see Attachment B). Under the agreement, the City of Beaumont will purchase two (2) electric public safety bicycles and related safety equipment in the amount of $10,004.00, and $1,064 will be allocated to the Riverside County Sheriff’s Department for providing administrative services for the FY2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (see Attachment A). The Beaumont Police Department embraces a Community Policing Philosophy. The movement toward community policing has gained momentum in recent years and is critical now more than ever as police and community leaders search for more e ffective ways to promote public safety and build relationships among citizens and other community members. The Beaumont Police Department has assessed changes in orientation, organization, and operations that will benefit the community by improving the quality of life and building relationships with the people we serve. One area that has been identified to meet this goal is to expand the bicycle patrol team. The City of Beaumont maintains itself as one of the fastest -growing cities in the State of California, with new housing and a growing business district, the visibility, maneuverability, and accessibility of uniformed bicycle patrol officers will enhance the Beaumont Police Department’s community policing program. This program will be a collateral assignment to existing operations. Fiscal Impact: After the administrative services fees paid to the Riverside Sheriff’s Department, the total cost to purchase the bicycles will exceed the grant funding by $435. This excess cost will come from the Police Department General Fund budget 100-2050-8040-0000. The grant funds will be deposited into the Grant Fund Account and any costs or fees associated with the purchases will be utilized from the expense account 240-2355- 7096-0000, which is budgeted at $12,000. Recommended Action: Authorize staff to apply for the FY 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) program, and Authorize City Council to enter into an interlocal agency agreement between the Riverside County Sherriff’s Department and the City of Beaumont to seek JAG funds for FY 2022. Page 250 of 424 Attachments: A. Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 202 2 Solicitation. B. Interlocal Agreement Page 251 of 424 Page 252 of 424 Page 253 of 424 Page 254 of 424 Page 255 of 424 Page 256 of 424 Page 257 of 424 Page 258 of 424 Page 259 of 424 Page 260 of 424 Page 261 of 424 Page 262 of 424 Page 263 of 424 Page 264 of 424 Page 265 of 424 Page 266 of 424 Page 267 of 424 Page 268 of 424 Page 269 of 424 Page 270 of 424 Page 271 of 424 Page 272 of 424 Page 273 of 424 Page 274 of 424 Page 275 of 424 Page 276 of 424 Page 277 of 424 Page 278 of 424 Page 279 of 424 Page 280 of 424 Page 281 of 424 Page 282 of 424 Page 283 of 424 Page 284 of 424 Page 285 of 424 Page 286 of 424 Page 287 of 424 Page 288 of 424 Page 289 of 424 Staff Report TO: City Council FROM: Jaime Salas, IT Manager DATE February 21, 2023 SUBJECT: Authorize Lease and Maintenance Contract Extension with Konica Minolta Description The Albert A. Chatigny Sr. Community Center has requested a new copy, scan and fax machine that can meet the demands of the community center services and recreation programs. Background and Analysis: Beaumont City Council awarded Konica Minolta contracts on July 19, 2011, April 18, 2017, and June 16, 2020, that were negotiated through competitive bidding processes. The 36-month contract awarded in 2020 was secured through the competitive bidding process conducted by Sourcewell. Section 3.02.040 of the Beaumont Municipal Code allows for competitive procurement for Professional Services. Sourcewell is a cooperative purchasing program in which the City is a member (Attachment A). This allows the City to take advantage of the cooperative purchasing award and competiti ve contract pricing, providing some significant cost savings. Staff proposes a 12-month extension to the current contract to add an additional machine to the Albert A. Chatigny Sr. Community Center and bring the contract terms in line with the Sourcewell contract expiration date of June 30, 2024. Fiscal Impact: The annual maintenance and lease cost is currently budgeted in the FY 22/23 budget. The new annual cost will be $55,968, providing an annual savings of $6,888.00 per a 12-month period or 13 percent savings. Recommended Action: Authorize lease and maintenance contract extension with Konica Minolta. Page 290 of 424 Attachments: A. Sourcewell Agreement B. Konica Advantage Lease Agreements and Schedules Page 291 of 424 COMMENT AND REVIEW to the REQUEST FOR PROPOSAL (RFP) #030321 Entitled Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services The following advertisement was placed January 12, 2021 in USA Today, in South Carolina’s The State, and on the Sourcewell website www.sourcewell-mn.gov, Sourcewell Procurement Portal https://proportal.sourcewell- mn.gov, Biddingo, Merx, The New York State Contract Reporter www.nyscr.ny.gov, PublicPurchase.com, January 13, 2021 in Oregon’s Daily Journal of Commerce, and January 15, 2021 in Utah’s Deseret news: Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than March 3, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. The solicitation process was conducted through the Sourcewell Procurement Portal. The following parties expressed interest in the solicitation by registering for this opportunity within the portal: 804560 Ontario, Limited Lexmark International, Inc. ACP CreativIT, LLC Light of Christ AEC Computer Division LN2S CONSULTING, L.L.C. AGC Education, Inc. Mvation Worldwide, Inc. American Filing Solutions Northern Document Solutions, Inc. ARC Document Solutions Saanichton Nova Networks, Inc. ARC Document Solutions, LLC NPA Computers, Inc. Asca Office Solutions, Inc. One Stop Computer Shop, LLC B & H Foto & Electronics Corp. Ostari, Inc. Canon Canada, Inc. Pacific Office Automation Canon Solutions America, Inc. Patriot Medical Solutions, LLC Cansel Survey Equipment Peleman Industries, Inc. CCP Solutions, LLC Performix Century Business Products, Inc. PrinterWorks West, Inc.          Page 292 of 424 Sourcewell Page 2 of 4 Chevin Fleet Solutions, LLC RCM Data Corporation Coast to Coast Computer Products Ricoh Canada Datamax Ricoh USA, Inc. Dell RISO, Inc. DEX Imaging RUSD SOLUTIONS Digitex Canada, Inc. Sharp Electronics Corporation Dynamic Interactive Business System, Inc. Sharp Electronics of Canada, Ltd. EDX Information Systems, Inc. SIMPLIFIED OFFICE SYSTEMS EnCompass Iowa, L.L.C Simpson & Cross Trading, LLC Epson America, Inc. Source Business Solutions, LLC eRepublic, Inc. The Office Pal HBI Office Plus The Tree House, Inc. Honeywell ThinkSpace IT HP, Inc. TICH2-JV LLP Innov8 Digital Solutions, Inc. Toshiba America Business Solutions, Inc. Insight Canada, Inc. Transco / COP IST2-Integrated Systems Technology & Telecommunications, Inc. Visual Edge, Inc. Itex, Inc. Wright Paint, LLC Konica Minolta Business Solutions U.S.A., Inc. X-Cel Business Products, LLC Kyocera Document Solutions America, Inc. Xerox Canada, Ltd Kyocera Document Solutions Canada, Ltd. Xerox Corporation All Proposals remained sealed within the Sourcewell Procurement Portal until the scheduled due date and time. Proposals were electronically opened, and the list of all Proposers was made publicly available on the Sourcewell Procurement Portal, on March 3, 2021, at 4:31:31 pm CT. Proposals were received from the following: ARC Document Solutions, LLC DEX Imaging Digitex Canada, Inc. Epson America, Inc. HP, Inc. Konica Minolta Business Solutions U.S.A., Inc. Kyocera Document Solutions America, Inc. Lexmark International, Inc. Performix PrinterWorks West, Inc. Ricoh USA, Inc. RISO, Inc. Sharp Electronics Corporation Toshiba America Business Solutions, Inc. Xerox Corporation Proposals were reviewed by the Proposal Evaluation Committee: Greg Grunig, Procurement Lead Analyst          Page 293 of 424 Sourcewell Page 3 of 4 Michael Muñoz, CPPB, Procurement Analyst Carol Jackson, Procurement Analyst Kip Hines, Procurement Analyst The findings of the Proposal Evaluation Committee are summarized as follows: The Proposal Evaluation Committee applied the Sourcewell RFP evaluation criteria and determined that all proposal responses met the scope and mandatory submittal requirements and were evaluated. Epson America, Inc., is presenting printing technologies backed by 60 years of printing experience. They offer a variety of equipment and services provided by 370 dealers across the U.S. and Canada. Epson offers a significant discount to Sourcewell participating entities on all its products. HP, Inc., is offering a full line of equipment sales and service from over 10,500 dealers and resellers across the U.S. and Canada. Their turn-key solutions are available at a considerable discount along with multiple financing/leasing options offered to Sourcewell participating entities. Konica Minolta Business Solutions U.S.A., Inc., offers a full range of copiers and printing options along with a number of service options. Those services and sales are backed up by their network of over 425 locations covering Canada and the U.S. A solid discount is offered to Sourcewell participating entities on all products and services. Ricoh USA, Inc., is offering a complete line of copiers and equipment for printing along with related services. Ricoh products can be serviced at over 300 dealers in the U.S. and 90 dealers in Canada. They are offering significant discounts for Sourcewell participating entities serviced through this contract. Sharp Electronics Corporation offers Sourcewell participating entities a comprehensive line of copiers and printing equipment and services. Sales and service are available through a dealer network across the U.S. and Canada. They offer notable discounts off MSRP. Toshiba America Business Solutions, Inc., is offering a full line of copiers, printing equipment and related services. Toshiba covers the U.S. and Canada with their current sales and service network. They are offering solid discounts off MSRP along with financing options for Sourcewell participating entities. Xerox Corporation covers the U.S. and all Canadian provinces with sales and service of their comprehensive line of copiers and printing equipment and services. They offer significant discounts off list pricing to Sourcewell participating entities. For these reasons, the Sourcewell Proposal Evaluation Committee recommends award of Sourcewell Contract #030321 to: Epson America, Inc. #030321-EPS HP, Inc. #030321-HPC Konica Minolta Business Solutions U.S.A., Inc. #030321-KON Ricoh USA, Inc. #030321-RCH Sharp Electronics Corporation #030321-SEC Toshiba America Business Solutions, Inc. #030321-TOS Xerox Corporation #030321-XOX          Page 294 of 424 Sourcewell Page 4 of 4 The preceding recommendations were approved on April 9, 2021. __________________________________ Greg Grunig, Procurement Lead Analyst _____________________________________ Michael Muñoz, CPPB, Procurement Analyst ______________________________ Carol Jackson, Procurement Analyst ___________________________ Kip Hines, Procurement Analyst STATEMENT OF COMPLIANCE As Chief Procurement Officer for Sourcewell, I have reviewed the recommendation of the Evaluation Committee and the accompanying support materials documenting the process followed for RFP #030321 for Copiers, Printers, and Multi-Function Devices with Related Supplies, Accessories, and Services. The committee accepted, deemed responsive, evaluated, and recommended proposals for award. Under authority granted to the Chief Procurement Officer in Sourcewell’s bylaws, the recommendations set forth above are approved. I hereby certify: 1. Sourcewell is a government agency, created and authorized by Minnesota law to provide cooperative procurement contracts. 2. The procurement process and resulting contracts have been awarded in compliance with the laws of the State of Minnesota (Minnesota Statutes Chapter 471 and Minnesota Statutes Section 123A.21), and in conformity to Sourcewell’s Procurement Policy. Jeremy Schwartz, CSSBB, CPPO Chief Procurement Officer          Page 295 of 424 Page 296 of 424 Page 297 of 424 Page 298 of 424 Staff Report TO: City Council FROM: Jeff Hart, Director of Public Works DATE February 21, 2023 SUBJECT: Public Hearing and Consideration of Approval of a Resolution for the Second Amendment of the City’s FY22/23-FY26/27 Capital Improvement Plan Description Hold a public hearing to consider amending the five -year FY23-27 Capital Improvement Plan (CIP). Background and Analysis: On June 21, 2022, City Council, by resolution, adopted the City’s 5-year capital improvement plan (CIP) and approved the FY22/23 CIP budget. The plan identifies the City’s planned projects through a determined period of time, as well as the prospective financial sources. On November 1, 2022, City Council approved the first amendment to the FY23 -27 CIP. The first amendment included the following projects: Project Number Project Name 2017-009 Pennsylvania Widening Project 2017-001 Pennsylvania Interchange Project P-16 Shadow Creek Playground Rehab P-17 Master Park Plan - Citywide PS-04 Public Safety Radio System Upgrade T-16 New Vehicle Communications PS-02 Police Station Renovations PS-05 Fire Truck Purchase P-04 Sports Park Lighting and Field Expansion R-12 2nd Street Extension 2017-012 Pennsylvania Ave/UPR Grade Separation R-19 Downtown Street Light Replacement R-20 City-Wide Monument Program R-21 6th Street Medians Page 299 of 424 R-22 Public Works Corp Yard CD-03 Downtown Revitalization/Grace Bldg/Real Estate Acquisition CD-04 Zoning code update and citywide design guidelines R-23 City-Wide Traffic Analysis R-18 Mid Year Street Enhancement Program 2022 On February 7, 2023, City Council received an update for the upcoming Second Amendment to the CIP. A notice of public hearing was published on February 10, 2023, for an amendment to the Prior Year Project List and 2023-2027 Fiscal Year CIP. This Second Amendment to the FY19/20-FY23/24 CIP (Attachment B) is consistent with the update provided and summarized below:  Potrero Interchange Phase 1 & 2 (2016-003) – Project amended to include funding allocated from the Pass Zone Transportation Improvement Program. Budget Change New Budget $24,924,764 $1,750,000 $26,674,764  Wastewater Master Plan (2019-013) – This project has been completed and will be closed. Budget Actual Remaining $350,000 $302,352.07 $47,697.93  PLC Upgrade Design (2019-018) - This project has been completed and will be closed. Budget Actual Remaining $50,000 $49,641.50 $358.50  Annual Slurry Seal 20/21 (R-03) - This project has been completed and will be closed. Budget Actual Remaining $2,141,201 $2,141,204 ---  Annual Citywide Street Rehab 20/21 (R-04) - This project has been completed and will be closed. Remaining funds will be moved to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24) Budget Actual Remaining $1,436,733 $1,405,724 $31,009  2021 Mid-Year Street Enhancement (R-06) - This project has been completed and will be closed. Remaining funds will be moved to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24) Budget Actual Remaining $2,225,870 $1,031,900.42 $1,193,969.58 Page 300 of 424  Annual Citywide Street Rehab and Maintenance 21/22 (R-08) – Close project and move funds to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24) Budget Actual Remaining $1,060,000 $20,000 $1,040,000  Annual Citywide Street Rehab and Maintenance 21/22 (R-09) - Close project and move funds to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24) Budget Actual Remaining $863,763 --- $863,763  Citywide Street Improvements 21/22 (R-10) - Close project and move funds to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24) Budget Actual Remaining $130,000 --- $130,000  Annual Citywide Street Rehab and Maintenance 22/23 (R-14) - Close project and move funds to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24) Budget Actual Remaining $604,800 --- $604,800  Annual Citywide Street Rehab and Maintenance 22/23 (R-15) - Close project and move funds to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24) Budget Actual Remaining $892,435 --- $892,435  Citywide Street Improvements 22/23 (R-16) - Close project and move funds to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24) Budget Actual Remaining $130,000 --- $130,000  Mid-Year Street Enhancement Program 22/23 (R-18) - Close project and move funds to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24) Budget Actual Remaining $1,907,200 --- $1,907,200  Stewart Park Splash Park (P-01) – Close and move remaining funds to Stewart Redevelopment and Skate Park Project (P-10). Budget Actual Remaining $1,145,000 $120,146.49 $1,024,853.51 Page 301 of 424  Rangel Park Splash Park (P-02) – Close and move remaining funds to Nicklaus Park Field and Lighting & Field Expansion Project (P-05). Budget Actual Remaining $500,000 $1,000 $499,000  Nicklaus Park Splash Park (P-03) – Close and move remaining funds to Nicklaus Park Field and Lighting & Field Expansion Project (P-05). Budget Actual Remaining $850,000 --- $850,000  Nicklaus Park Support Buildings for Leagues (P-07) – Close and move remaining funds to Nicklaus Park Field and Lighting & Field Expansion Project (P-05). Budget Actual Remaining $300,000 --- $300,000  Nicklaus Park Skate Park (P-08)– Close and move remaining funds to Nicklaus Park Field and Lighting & Field Expansion Project (P-05). Budget Actual Remaining $300,000 --- $300,000  Sports Park Support Building for Leagues (P-06) – Close and move remaining funds to Sports Park Field Lighting and Field Expansion Project (P-04). Budget Actual Remaining $300,000 --- $300,000  Playground Shade Covers Phase 2 (P-12) – close and move remaining funds to Playground and Shade Covers Phase 1 Project (P-04). Budget Actual Remaining $250,000 --- $250,000  Rangel Park Ball Field Lights, Electrical & Play (P-11) – Close and reprogram funds to the 2023 Citywide Street Rehabilitation and Maintenance Project (R-24). Budget Actual Remaining $867,213 $596,735.50 $270,477.50  Three Rings Ranch Park Improvements (P-13) – Additional grant dollars received. Budget Additional Remaining $177,952 $14,791 $192,743 Page 302 of 424  New Police Station Feasibility Study (PS-01) – Close and move remaining funds to the New Police Station Design Project (PS07). Budget Actual Remaining $250,000 $156,626.72 $93,373.28  Housing Code Updates (CD-01) – Project is complete, close project. Budget Actual Remaining $160,000 $159,999.91 $0.09  City Hall Landscaping and Painting (F-01) – Close and put remaining funds back to General Fund. Budget Actual Remaining $250,000 $108,315 $141,685  Fire Station 66 HVAC (ISFB-05) – Close project. Budget Actual Remaining $49,399 $14,985 $34,414  Police Station HVAC (ISFB-06) – Close project. Budget Actual Remaining $157,791 $16,950 $140,841  Shadow Creek Park Playground Rehab (P-16) – Amount in prior CIP was incorrect. Budget Actual Remaining $500,000 ($50,000) $450,000 New Projects  Climate Action Plan (CD-05) – (General Fund). Budget Actual Remaining $350,000 --- $350,000  PD Restroom Modular (PS-08) – (CFD). Budget Actual Remaining $150,000 --- $150,000 Page 303 of 424  VFW Roof (ISFB-11) – (Internal Service Fund). Budget Actual Remaining $175,000 --- $175,000  2023 Citywide Street Rehabilitation and Maintenance (R-24) – Combine projects R-3, R-4, R-6, R-8, R-9, R-10, R-14, R-15, R-16, R-18, and P-11. Budget Actual Remaining $6,363,364 --- $6,363,364 Fiscal Impact: The Capital Improvement Plan identifies funding for needed capital projects but a budget amendment is needed to appropriate the funding in the current fiscal year. A budget amendment for the fiscal impact will be presented to the City Council as an action item. Recommended Action: Hold a Public Hearing, and Waive the full reading and adopt by title only, "A Resolution of the City Council of Beaumont Amending the Five-Year Capital Improvement Plan for Fiscal Years 2022/2023-2026/2027 and Related Prior Year CIP Project List.” Attachments: A. Resolution CIP Amendment 2 B. FY2022/2023-2027 Capital Improvement Plan C. Prior Year CIP Project List D. Public Notice Page 304 of 424 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT AMENDING THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2022/2023-2026/2027 AND RELATED PRIOR YEAR CIP PROJECT LIST WHEREAS, on June 21, 2022, the City Council of the City of Beaumont adopted the City’s Five Year Capital Improvement Plan for Fiscal Years 2022/2023 through 2026/2027 (“CIP”) at a duly noticed public hearing; and WHEREAS, on November 1, 2022, the City Council of the City of Beaumont amended the City’s Five Year Capital Improvement Plan for Fiscal Years 2022/2023 through 2026/2027 (“CIP”) as a first amendment at a duly noticed public hearing; and WHEREAS, the City Council received a presentation on a second proposed Amendment to the CIP at a public meeting held on February 7, 2023, where members of the public had the opportunity to comment on the proposed CIP Amendment; and WHEREAS, these specific revisions are detailed in Exhibit “A” attached hereto; and WHEREAS, pursuant to Government Code, section 66002, the City duly gave public notice of the public hearing of the proposed amendments and revisions to the CIP, a copy of which has been on file with the City Clerk at least 10 calendar days prior to the City Council’s commencement of such public hearing; and WHEREAS, the City Council desires to revise and amend the Capital Improvement Plan as set forth herein; NOW, THEREFORE BE IT RESOLVED BY THE BEAUMONT CITY COUNCIL AS FOLLOWS: Section 1. The City Council hereby approves the amendment of the Capital Improvement Plan for Fiscal Years 2022/2023 through 2026/2027 as provided in Exhibit “A” attached hereto and made a part hereof by this reference. Section 2. The Capital Improvement Plan may be updated by the City Council from time to time pursuant to California Government Code, section 66002, or as otherwise provided by law. Section 3. This Resolution shall take effect immediately upon its passage and adoption. MOVED, PASSED, and ADOPTED this 21st day of Febr uary , 20 2 3 , by the following vote: Page 305 of 424 2 AYES: NOES: ABSTAIN: ABSENT: By: Julio Martinez III, Mayor City of Beaumont ATTEST: By: Nicole Wheelwright Deputy City Clerk Page 306 of 424 3 EXHIBIT A Page 307 of 424 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL New City Hall 18,000,000$ 18,000,000$ TOTAL $ - $ - $ - $ - $ - $ 18,000,000 $ 18,000,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL 2nd Street Extension Construction R-12 1,500,000$ 1,300,000$ 2,800,000$ 1st Street Widening Penn to Beaumont Ave Design & Construction 1,600,000$ 1,600,000$ Pennsylvania Widening 2017-009 1,200,000$ 1,200,000$ Pennsylvania Avenue/Ramp Additions 2017-001 2,800,000$ 2,800,000$ TOTAL $ 5,500,000 $ 1,300,000 $ - $ - $ - $ 1,600,000 $ 8,400,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Citywide Traffic Signal Upgrade & Capacity Improvement Phase 3 R-13 150,000$ 150,000$ Citywide Traffic Signal Upgrade & Capacity Improvement Phase 4 150,000$ 150,000$ Citywide Traffic Signal Upgrade & Capacity Improvement Phase 5 150,000$ 150,000$ TOTAL $ 150,000 $ 150,000 $ 150,000 $ - $ - $ - $ 450,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL -$ TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL -$ -$ TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL -$ -$ TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL -$ Five Year Capital Improvement Plan FY 23-27 Funding Source: TUMF Funding Source: Basic Services DIF Funding Source: Road & Bridge DIF Funding Source: Traffic Signal DIF Funding Source: Community Park DIF Funding Source: Neighborhood Park DIF Funding Source: Recreation Facilities DIF Funding Source: Regional Park DIF Page 308 of 424 -$ TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL TOTAL $ - $ - $ - $ - $ - $ - $ - Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Building C Renovation PS-06 750,000$ 750,000$ New Police Station Design PS-07 797,372$ 797,372$ TOTAL $ 1,547,372 $ - $ - $ - $ - $ - $ 1,547,372 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL -$ -$ -$ -$ -$ -$ $ - Funding Source: CFD Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL New Police Station Design PS-07 $ 1,300,000 $ 1,500,000 2,800,000$ PD Restroom Modular PS-08 150,000$ 150,000$ Shadow Creek Park Playground Rehab P-16 450,000$ 450,000$ Master Park Plan - Citywide P-17 250,000$ 250,000$ TOTAL $ 2,150,000 $ 1,500,000 $ - $ - $ - $ - $ 3,650,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Annual Citywide Street Rehabilitation and Maintenance 22/23 R-14 Close $ - Annual Citywide Street Rehabilitation and Maintenance 23/24 $ 616,800 $ 616,800 Annual Citywide Street Rehabilitation and Maintenance 24/25 $ 629,200 $ 629,200 Annual Citywide Street Rehabilitation and Maintenance 25/26 $ 641,600 $ 641,600 Annual Citywide Street Rehabilitation and Maintenance 26/27 $ 654,400 $ 654,400 2023 Citywide Street Rehabilitation and Maintenance R-24 $ 1,641,210 $ 1,641,210 TOTAL $ 1,641,210 $ 616,800 $ 629,200 $ 641,600 $ 654,400 $ - $ 4,183,210 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Annual Citywide Street Rehabilitation and Maintenance 22/23 R-15 Close $ - Annual Citywide Street Rehabilitation and Maintenance 23/24 $ 900,840 $ 900,840 Annual Citywide Street Rehabilitation and Maintenance 24/25 $ 898,837 $ 898,837 Annual Citywide Street Rehabilitation and Maintenance 25/26 $ 908,101 $ 908,101 Annual Citywide Street Rehabilitation and Maintenance 26/27 $ 916,000 $ 916,000 2023 Citywide Street Rehabilitation and Maintenance R-24 $ 1,117,898 $ 1,117,898 TOTAL $ 1,117,898 $ 900,840 $ 898,837 $ 908,101 $ 916,000 $ - $ 4,741,676 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Funding Source: Measure A Funding Source: Public Safety CFD Funding Source: Fire Station DIF Funding Source: Police Facilities Mitigation DIF Funding Source: RMRA/SB 1 Funding Source: Grants Page 309 of 424 Pennsylvania Ave/UPRR Grade Separation - Construction 40,000,000$ 40,000,000$ California Ave/UPRR Grade Separation - Construction 34,000,000$ 34,000,000$ Oak Valley/I-10 Interchange - Construction 65,000,000$ 65,000,000$ Public Safety Radio System Upgrade PS-04 112,000$ 112,000$ TOTAL $ 112,000 $ - $ - $ - $ - $ 139,000,000 $ 139,112,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Bus Prediction Platform T-11 260,000$ 260,000$ 2-Electric Support Vehicles T-12 80,000$ 80,000$ Shop Truck T-13 150,000$ 150,000$ Microtransit Feasability Analysis T-14 100,000$ 100,000$ 2-EZ Rider ll Buses T-15 1,700,000$ 1,700,000$ New Vehicle Communications T-16 57,498$ 57,498$ TOTAL $ 2,347,498 $ - $ - $ - $ - $ - $ 2,347,498 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Potrero Interchange- Phase 1 & 2 2016-003 1,500,000$ 3,250,000$ 4,750,000$ TOTAL $ 1,500,000 $ 3,250,000 $ - $ - $ - $ - $ 4,750,000 Funding Source: CDBG Grants Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Citywide Street Improvements 22/23 - CDBG R-16 Close $ - 2023 Citywide Street Rehabilitation and Maintenance R-24 $ 503,086 $ 503,086 Citywide Street Improvements 23/24 - CDBG $ 130,000 $ 130,000 Citywide Street Improvements 24/25 - CDBG $ 130,000 $ 130,000 Citywide Street Improvements 25/26- CDBG 130,000$ $ 130,000 Citywide Street Improvements 26/27- CDBG 130,000$ $ 130,000 TOTAL $ 503,086 $ 130,000 $ 130,000 $ 130,000 $ 130,000 $ - $ 1,023,086 Funding Source: General Fund Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Police Station Renovations PS-02 175,000$ 175,000$ Pennsylvania Widening 2017-009 4,000,000$ 4,000,000$ Fire Truck Purchase PS-05 400,000$ 400,000$ Sports Park Field Lighting and Field Expansion P-04 5,019,884$ 5,019,884$ 2nd Street Extension Construction R-12 500,000$ 500,000$ Pennsylvania Ave/UPR Grade Seperation 2017-012 1,000,000$ 1,000,000$ Downtown Street Light Replacement R-19 1,000,000$ 1,000,000$ City-Wide Monument Program (Street & Parks)R-20 2,000,000$ 2,000,000$ 6th Street Medians R-21 2,000,000$ 2,000,000$ Public Works Corp Yard R-22 1,000,000$ 1,000,000$ Downtown Revitalization/Grace Bldg/Real Estate Acquisition CD-03 5,000,000$ 5,000,000$ Zoning code update and citywide design guidelines CD-04 350,000$ 350,000$ City-Wide Traffic Analysis R-23 250,000$ 250,000$ Climate Action Plan CD-05 350,000$ 350,000$ 2023 Citywide Street Rehabilitation and Maintenance R-24 3,101,170$ 3,101,170$ Sundance Detention Basin Concrete Replacement 700,000$ 700,000$ Michigan Ave Storm Drain Culvert Crossing R-17 30,200$ 30,200$ Funding Source: Transit Grants Funding Source: Pass Zone TIP Page 310 of 424 Memorial Park Plaza P-14 1,750,000$ 1,750,000$ Memorial Park Plaza Cameras P-15 50,000$ 50,000$ Public Safety Radio System Upgrade PS-04 544,005$ 344,479$ 888,484$ 3rd St to California Ave Storm Drain 650,000$ 650,000$ Pavement Management Study 250,000$ 250,000$ Mid Year Street Enhancement Program 2022 R-18 Close -$ Mid Year Street Enhancement Program 2023 925,200$ 925,200$ Mid Year Street Enhancement Program 2024 943,800$ 943,800$ Mid Year Street Enhancement Program 2025 962,400$ 962,400$ Mid Year Street Enhancement Program 2026 981,600$ 981,600$ Storm Drain Facilities $ 1,000,000 $ 1,000,000 Storm Drain Master Plan $ 500,000 $ 500,000 Parking Garage Facility - Downtown $ 10,000,000 $ 10,000,000 TOTAL $ 28,520,259 $ 2,169,679 $ 1,643,800 $ 962,400 $ 981,600 $ 11,500,000 $ 45,777,738 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL I&I Rehabilitation Project - Phase 3 200,000$ 200,000$ 4th Street Manhole Replacement WW-06 200,000$ 200,000$ Oak Valley Lift Station Access Point WW-07 210,000$ 210,000$ Vactor Dump Station WW-08 450,000$ 450,000$ UV Bulb Replacement 50,000$ 50,000$ 50,000$ 150,000$ RO Module Replacement 300,000$ 300,000$ TOTAL $ 860,000 $ 250,000 $ 50,000 $ 350,000 $ - $ - $ 1,510,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL 16" Mesa Force Main Construction WW-09 2,000,000$ 2,000,000$ 4,000,000$ Mesa Lift Station Pump Capacity Enhancement Construction WW-10 750,000$ 750,000$ Mesa Lift Station - Construction WW-11 900,000$ 700,000$ 1,600,000$ TOTAL $ 3,650,000 $ 2,700,000 $ - $ - $ - $ - $ 6,350,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Mesa Lift Station - Construction WW-11 100,000$ 2,300,000$ 2,400,000$ TOTAL $ 100,000 $ 2,300,000 $ - $ - $ - $ - $ 2,400,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Grace Roof Remove & Replace ISFB-10 350,000$ 350,000$ VFW Re-Roof ISFB-11 175,000$ 175,000$ -$ -$ TOTAL $ 525,000 $ - $ - $ - $ - $ - $ 525,000 Project Name Project Number FY22/23 FY23/24 FY24/25 FY25/26 FY26/27 Future Funding TOTAL Lift Station Spare Pump Program ISFWW-01 300,000$ 300,000$ VFD ISFWW-02 250,000$ 250,000$ -$ -$ TOTAL $ 550,000 $ - $ - $ - $ - $ - $ 550,000 Funding Source: State and Local Fiscal Recovery Funds Program Funding Source: WW Internal Service Fund-Repair and Replacement Funding Source: Wastewater DIF Funding Source: Internal Service Fund Funding Source: Wastewater Page 311 of 424 Streets/ Roads R Parks P Public Safety PS FY22/23 Total 5 Year CIP Total Community Development CD 50,774,323$ 245,317,580$ Transit T Wastewater WW Facilities F Internal Service Fund - Buildings ISFB Internal Service Fund - Wastewater ISFWW Page 312 of 424 Project #Project Name Budget Allocation Status Funding Source 2019-013 Wastewater Master Plan 350,000$ WW Funds Reconciled with Finance. Ready to close 2019-018 PLC Upgrade Design 50,000$ WW Funds Reconciled with Finance. Ready to close R-03 Annual Citywide Street Rehabilitation and Maintenance 20/21 2,141,201$ Measure A Reconciled with Finance. Ready to close R-04 Annual Citywide Street Rehabilitation and Maintenance 20/21 1,436,733$ SB1 Reconciled with Finance. Ready to close R-05 2020 Mid Year Street Enhancement Program 3,500,000$ General Fund Reconciled with Finance. Ready to close R-06 2021 Mid Year Street Enhancement Program 2,000,000$ General Fund Reconciled with Finance. Ready to close R-08 Annual Citywide Street Rehabilitation and Maintenance 21/22 1,060,000$ Measure A Reconciled with Finance. Ready to close R-09 Annual Citywide Street Rehabilitation and Maintenance 21/22 863,763$ SB1 Reconciled with Finance. Ready to close R-10 Citywide Street Improvements 21/22 - CDBG 130,000$ CDBG Grant Reconciled with Finance. Ready to close R-14 Annual Citywide Street Rehabilitation and Maintenance 22/23 604,800$ Measure A Reconciled with Finance. Ready to close R-15 Annual Citywide Street Rehabilitation and Maintenance 22/23 892,435$ SB1 Reconciled with Finance. Ready to close R-16 Citywide Street Improvements 22/23 - CDBG 130,000$ CDBG Grant R-18 Mid Year Street Enhancement Program 2022 1,907,200$ General Fund Reconciled with Finance. Ready to close P-02 Rangel Park Splash Park 500,000$ Neighborhood DIF Reconciled with Finance. Ready to close P-01 Stewart Park Splash Park 1,145,000$ Community Park DIF Reconciled with Finance. Ready to close P-03 Nicklaus Park Splash Park 850,000$ Neighborhood DIF Reconciled with Finance. Ready to close P-06 Sports Park Support Building for Leagues 300,000$ Recreation Facilities DIF Reconciled with Finance. Ready to close P-07 Nicklaus Park Support Building for Leagues 300,000$ Recreation Facilities DIF Reconciled with Finance. Ready to close P-08 Nicklaus Park Skate Park 300,000$ Recreation Facilities DIF Reconciled with Finance. Ready to close P-11 Rangel Park - Ball Field Lights, Electrical and Playground 867,213$ CFD, CDBG Reconciled with Finance. Ready to close P-12 Playground Shade Covers - Phase 2 250,000$ CFD Reconciled with Finance. Ready to close P-15 Memorial Park Plaza Cameras 50,000$ General Fund PS-01 New Police Station Feasibility Study 162,633$ Police Facilities Mitigation DIF Reconciled with Finance. Ready to close CD-01 SB2 Grant - Housing Code Updates 160,000$ Grant Reconciled with Finance. Ready to close F-01 City Hall Landscaping and Painting 250,000$ General Fund Reconciled with Finance. Ready to close ISFB-05 Fire Station 66 - HVAC 49,399$ ISFB Reconciled with Finance. Ready to close ISFB-06 Police Station - HVAC 157,791$ ISFB Reconciled with Finance. Ready to close 20,408,168$ City of Beaumont Prior Year CIP Projects 2016-2022 Page 313 of 424 Project #Project Name Budget Allocation Status Funding Source 104 CF104 City Hall and BLDG B 3,193,345$ Construction Basic Services DIF, SLFRF, ISFB 2016-003 Potrero Interchange- Phase 1 & 2 26,674,764$ Phase 1 Complete, Phase 2 Seeking Funds Grants/ Developer Contributions **Phase 1 funding + phase 2 pass zone tip. Removed project budget and entered just funding** 2017-001 Pennsylvania Avenue/Ramp Additions 3,950,000$ In design Road & Bridge DIF 2017-005 WWTP Exp PH 1 & Advanced R 76,334,187$ In construction Bonds, WW DIF, Recycled Water DIF, CFD 2017-006 Brine Pipeline to San Bernardino 40,572,639$ In construction Bonds, WW DIF, Recycled Water DIF, CFD 2017-009 Pennsylvania Widening 4,018,000$ In Design TUMF, Road & Bridge DIF 2017-012 Pennsylvania Ave/UPR Grade Seperation 2,250,000$ In Design Railroad DIF 2017-027 Oak Valley/I-10 Interchange Design 7,000,000$ Design TUMF, Grants 2017-028 Potrero Fire Station 8,650,000$ Design Fire Station DIF, General Fund, Bonds 2019-004 CNG Station 2,830,156$ Design Transit Grants 2019-009 2nd Street Extension Feasibility / Design 200,000$ Design Road & Bridge 2019-010 PLC Upgrade Construction 700,000$ Construction WW Funds, CFD 2019-012 WQMP & WWTP Permit 50,000$ In process WW Funds 2019-019 Beaumont Master Drainage Plan - Line 2 Stage 1 5,000,000$ Design Grant R-01 Oak Valley Pkwy Expansion I10-Desert Lawn Phase 2 600,000$ Design Road & Bridge DIF R-02 Citywide Traffic Signal Upgrade & Capacity Improvement Phase 1 150,000$ Design/Construction Traffic Signal DIF R-07 Cherry Channel Drainage Project 750,000$ Design General Fund R-11 Citywide Traffic Signal Upgrade & Capacity Improvemen 150,000$ Traffic Signal DIF P-04 Sports Park Field Lighting and Field Expansion 1,300,000$ Design Regional Park DIF **additional funding from P-6**Done P-05 Nicklaus Park Field Lighting and Field Expansion 2,849,000$ Design Regional Park DIF, Neighborhood DIF **additional funding from P-2,-3,-7 & -8**Done P-09 Playgrounds & Shade Covers - Phase 1 500,000$ Design CFD **additional funds from P-12**Done P-10 Stewart Park Redevelopment and Skate Park 8,024,853$ Design CFD, General Fund, community Park DIF **additional funds from P-01**Done P-13 Three Rings Ranch Park Improvements 192,743$ Design Grant **additional funds from grant**Done PS-02 Police Station Renovations 250,000$ Construction CFD PS-03 Fire Station Renovations 250,000$ Construction CFD PS-04 Public Safety Radio System Upgrade 841,852$ In process General Fund, Grants, Public Safety CFD PS-05 Fire Truck Purchase 1,400,000$ Grant SLFRF CD-02 Leap Grant - Housing Element Update 150,000$ In process Grant T-01 Electric Shuttle Vehicles 272,673$ In process Transit Grants T-02 Fleet Maintenance and Operations Facility - Construction 1,220,667$ Design Transit Grants T-03 Bus Stop Rehabilitation & Passenger Amenities 179,443$ Construction Transit Grants T-04 Shop Building Maintenance 55,524$ Construction Transit Grants T-05 Bus Wraps/ Brand Logo Update- Phase 1 101,950$ In process Transit Grants T-06 Shop Tools and Lifts 11,974$ In process Transit Grants T-07 Vehicle Replacements - Phase 1 1,400,000$ Transit Grants T-08 Fleet Video Cameras 110,000$ Transit Grants T-09 Paratransit Scheduling Software 14,000$ Transit Grants T-10 Shop Tools and Lifts 60,000$ Transit Grants WW-01 I&I Rehabilitation Project - Phase 1 200,000$ In process Wastewater WW-02 I&I Rehabilitation Project - Phase 2 - Flow Meters 200,000$ In process Wastewater WW-03 Wastewater Rate Study 200,000$ In process Wastewater WW-04 16" Mesa Force Main and Pump Replacement Design 450,000$ Design Wastewater DIF WW-05 Mesa Lift Station - Wet Well Capacity Increase Design 400,000$ Design State & Local Fiscal Recovery Funds Program ISFB-01 City Hall Roofing 20,100$ Design ISFB ISFB-02 City Hall Fire System Upgrades - Remodeled Spaces 45,749$ Design ISFB ISFB-03 City Hall Bathrooms 20,249$ Design ISFB City of Beaumont Prior Year CIP Projects 2016-2022 Page 314 of 424 ISFB-04 City Hall HVACs - Gym and Remodeled Spaces 35,249$ Design ISFB ISFB-05 Fire Station 66 - HVAC 49,399$ ISFB ISFB-06 Police Station - HVAC 157,791$ ISFB ISFB-07 Police Station - Concrete Walkway Trip Hazards 25,000$ ISFB 204,061,307$ Page 315 of 424 Page 316 of 424 Page 317 of 424 Staff Report TO: City Council FROM: Elizabeth Gibbs, City Manager DATE February 21, 2023 SUBJECT: Public Hearing to Consider an Ordinance Amending Chapter 3.02 of the Beaumont Municipal Code – Procurement of Professional Services Description Adoption of an ordinance amending Beaumont Municipal Code Chapter 3.02. Background and Analysis: At the City Council meeting of January 17, 2023, City Council directed staff to modify Beaumont Municipal Code (BMC) Chapter 3.02 – Procurement of Professional Services, making the following modifications: (1) Section 3.02.050 Exemptions to Competitive Procurement Procedures – exempting legal services. (2) Section 3.02.060 Award of Contract – increasing City Council required approval to $75,000. (3) Section 3.02.070 Term of Professional Services – increasing contract award from five years to five years with two one-year renewals, subject to City Council approval. (4) Section 3.02.090 Contracts under Seventy-Five Thousand Dollars – increasing professional services contracts without competitive bidding process from $25,000 to $75,000. Fiscal Impact: The cost to prepare this staff report is approximately $500. Recommended Action: Hold a Public Hearing, and Waive the full reading and approve the first reading by title only. “An Ordinance of the City Council of the City of Beaumont, California, Amending Chapter 3.02 to the City of Beaumont Municipal Code.” Page 318 of 424 Attachments: A. Ordinance B. Public Notice Page 319 of 424 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 3.02 CONCERNING PROCUREMENT OF PROFESSIONAL SERVICES OF THE CITY OF BEAUMONT MUNICIPAL CODE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced. SECTION 3. Chapter 3.01 are hereby amended and restated in full to read as attached hereto as Exhibit “A”. SECTION 4. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 36937. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Beaumont, California, approves this amendment to the City Code. Page 320 of 424 INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the _____ day of _________ 2023, by the following roll call vote: AYES: NOES ABSENT: ABSTAIN PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the _____ day of __________ 2023, by the following roll call vote: AYES: NOES ABSENT: ABSTAIN _______________________ Julio Martinez III, Mayor Attest: _______________________ Elaine Morgan, City Clerk Page 321 of 424 Chapter 3.02.000 - Procurement of Professional Services Sections: 3.02.010 Purpose and Policy. 3.02.020 Purchasing Officer-Office Created. 3.02.030 Purchasing Officer-Duties. 3.02.040 Competitive Procurement Procedures. 3.02.050 Exemptions to Competitive Procurement Procedures. 3.02.060 Award of Contract. 3.02.070 Term of Professional Services. 3.02.080 City Council Discretion. 3.02.090 Contracts Under TwentySeventy- Five Thousand Dollars ($725,000). 3.02.010 Purpose and Policy. It shall be the policy of the City that the procurement of professional services, including engineering, architectural, landscape architectural, environmental, land surveying, or construction project management services shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, and on the fairness and reasonableness of the costs of services to the City, but shall not be awarded solely on the basis of cost. 3.02.020 Purchasing Officer-Office Created. There is created the position of Purchasing Officer. The duties of the Purchasing Officer shall be administered by the City Manager or such person as he or she may designate. 3.02.030 Purchasing Officer-Duties. The duties of the Purchasing Officer shall be: A. The promulgation of administrative regulations and the adoption of such other rules and regulations as may be prescribed by the City Manager and approved by the City Council. Such regulations shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit City employees from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract under this Section which would subject those employees to the prohibitions of the conflict of interest laws. B. The negotiation and recommendation of execution of contracts for professional services. 3.02.040 Competitive Procurement Procedures. The Purchasing Officer shall comply with the following procedure for the procurement of professional services: A. Request for Proposal: Prepare a request for proposal outlining services desired. The request for proposal shall identify all significant evaluation factors, including price or costs when required, and their relative importance. Page 322 of 424 B. Solicitation of Proposal: The request for proposals shall be publicized and disclosed publically on the City website. Any properly qualified firm or professional shall be permitted to timely submit a responsive proposal for consideration. C. Evaluation: The Purchasing Officer shall develop mechanisms for the technical evaluation of proposals received, and shall conduct discussions with the proposers regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. D. Compilation: The Purchasing Officer shall compile the proposals for consideration by the City Council. 3.02.050 Exemptions to Competitive Procurement Procedure. Upon obtaining approval from the City Council, the Purchasing Officer may engage services of a professional firm or individual without complying with the Competitive Procurement Procedures in the following circumstances: A. Legal services B. The services are available only from a single source; or C. Public exigency or emergency will not permit delay; or D. State or federal grant or loan requirements authorize noncompetitive procurement of such services; or E. After solicitation of a number of sources, competition is deemed inadequate. In circumstances of public exigency or emergency where prior approval of the City Council cannot be reasonably obtained, the City Manager may engage services of a professional firm or individual. The professional services contract shall be submitted to the City Council at the next regularly scheduled City Council meeting. 3.02.060 Award of Contract. City Council approval is required for all contracts for professional services when the cost of the services is twentyseventy- five thousand dollars ($725,000) or more. The contract shall clearly state the names of the professionals that will provide services under the contract, along with their hourly rate. The contract shall also state a “not to exceed” sum. The professional shall not exceed the “not to exceed” sum without the City Council’s prior approval. Contracts awarded to any firm shall not exceed an aggregate amount of seventytwenty- five thousand ($725,000) in a fiscal year without approval by the City Council. Page 323 of 424 3.02.070 Term of Professional Services. Except in the case of procurement of legal services, the term of any professional services contract awarded shall be a maximum of five (5) years, with two (2) one-year renewals, subject to City Council approval. In the case of legal services, City Council may at any time exercise their right to termination of legal services contracts with a simple majority vote of the City Council. Contracts shall be submitted to the City Council annually for approval, renewal, termination, non-renewal or extension. Extension of a contract beyond the initial term shall be approved by four fifth (4/5) vote of the City Council. Professional services contracts shall not contain “evergreen” type clauses that allow for automatic renewal without City Council approval. 3.02.080. City Council Discretion. The award of a contract for professional services shall be within the City Council’s discretion. The City Council may, in its discretion, modify or extend a request for proposal for professional services. The City Council reserves the right to reject any and all proposals. 3.02.090 Contracts Under Seventy-Twenty Five Thousand Dollars ($725,000). Professional services contracts under seventy-twenty five thousand dollars ($725,000) may be awarded by the Purchasing Officer without a formal bidding procedure. Professional services contracts shall not be divided into smaller contracts or subcontracts to avoid the competitive procedures set forth in section 3.01.040 and 3.01.060.  Page 324 of 424 Page 325 of 424 Page 326 of 424 Staff Report TO: City Council FROM: Christina Taylor, Deputy City Manager DATE February 21, 2023 SUBJECT: Award a Professional Services Agreement to David Turch and Associates for Federal Lobbying Services in an Amount Not to Exceed $87,000 Annually Description Professional Services Contract Award to David Turch and Associates for Federal lobbying services in an amount not to exceed $7,250 per month. Background and Analysis: The City of Beaumont is currently in the fifth year of a five-year term for lobbying services. Per Beaumont Municipal Code Chapter 3.02.070 Term of Professional Services, the maximum term of a professional services contract is five years. On December 8, 2022, the City of Beaumont released a request for proposals for Federal lobbying services. A Federal lobbyist is tasked with representing the City in Washington D.C., monitoring and lobbying Federal legislation which impacts the City and advocating on policy and funding opportunities with the House, Senate, congressional committees, and Federal agencies. The firm will help the City develop a stronger, faster, and more effective approach to protecting the interests of our residents, and to successfully pursue, secure, and maximize funds for local and regional projects through the Federal authorization/appropriation process and competitive grant programs. The proposals were due on January 11, 2023, and the City received three (3) proposals. The proposals were evaluated by a committee consisting of the City Manager, Police Chief and Deputy City Manager and were ranked on the following criteria:  Understanding of SOS and Completeness of RFP (20 points)  Related Experience and Demonstrated Skills (30 points)  Approach to performing type of service (20 points)  Familiarity with city, county and state procedures (5 points)  References (10 points)  Cost and Cost Effectiveness (15 points) Page 327 of 424 The final scores are shown in the matrix below: RESPONDING FIRMS LOCATION BEST POSSIBLE RANKING Rater No. 1 Rater No. 2 Rater No. 3 Total Ranking Score Final Rank David Turch and Associates Washington, D.C. 1 95 100 98 97 1 Townsend Public Affairs Newport Beach, CA 1 95 95 95 95 2 Telegraph Avenue Advisors Washington, D.C. 1 90 90 88 89 3 All three (3) firms were interviewed during the week of January 30, 2023, by the committee and the recommended best qualifying firm based off the ranking criteria and interviews were presented to the RFP sub-committee on February 10, 2023, for review and recommendation to the City Council. David Turch and Associates was ranked number one and chosen for the following reasons:  Understanding of the City’s needs and collaborative approach to meeting those needs,  Exceptional record of successfully securing funding for public projects, and  Depth and breadth of staff and resources a vailable to the City. Fiscal Impact: The not-to-exceed contract amount is $7,250 per month to be paid out of the Legislative Affairs budget. Recommended Action: Award a professional services agreement for federal lobbying services for a term of five (5) years to David Turch and Associates in an amount not-to-exceed $7,250 per month/ $87,000 annually. Attachments: A. City of Beaumont Request for Proposal Page 328 of 424 B. Professional Services Agreement and Proposal by David Turch and Associates Page 329 of 424 Request for Proposals For Federal Lobbying Services Proposals Due By: 2:00 p.m. Thursday, January 12, 2023 Contact: Grace Wichert Procurement and Contracts Specialist Gwichert@beaumontca.gov RFP Available: www.publicpurchase.com or https://www.beaumontca.gov/949/Bids-and-RFPs Website: www.beaumontca.gov Address: 550 E. 6th Street Beaumont, CA 92223 Phone: 951.769.8520 Page 330 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 1 1. INTRODUCTION The City of Beaumont (City) is seeking proposals from qualified firms/individuals (Consultant) registered as a lobbyist with the United States House of Representatives (House) and the United States Senate (Senate) in order to achieve certain federal legislative agenda objectives, including funding advocacy and policy changes. The prospective consultant(s) should have business relationships with the Executive branch and its reporting agencies and departments and should have experience in effectively lobbying issues on both sides of the aisle in both the House and Senate. All services provided by the Consultant shall be performed by individuals who meet the qualifications, education, and certification/licensing requirements for the position. The successful Consultant shall also have the resources to provide cost effective and timely services, including providing customer service to the City. Qualified Consultants that submit a proposal will be evaluated in accordance with the requirements defined within this RFP. Upon successful negotiations with the City, the selected firm will provide Federal Lobbying Services. Responses must conform to the requirements of this Request for Proposal (RFP). The City reserves the right to waive any irregularity in any proposal or reject any proposal that does not comply with this RFP or City policies. Modifications to the RFP, including, but not limited to the scope of work, can be made only by written addendum issued by the City. 2. THE CITY OF BEAUMONT The City was incorporated in November 1912 and is located in the San Gorgonio Pass portion of western Riverside County. It is bounded on the west by Calimesa and unincorporated areas, on the north by unincorporated county areas (Cherry Valley), on the south by unincorporated county areas and the City of San Jacinto, and on the east by the City of Banning. The land area within the City’s boundary is approximately 30 square miles. The City of Beaumont is rated one of the safest cities in southern California. The City has its own police department. Fire and paramedic services are contracted through Riverside County. The City of Beaumont has been one of the fastest growing cities in California over the past 15 years and has a current population of 54,690. An average of 500 new homes have been permitted annually since 2013 and the population has grown by approximately 1,500 residents each year. Beaumont has seen significant growth in its quality of workforce with educational levels and technical skills. The community has also seen growth in its household income levels. As a result of this growth, the City must continue to provide residents with the quality of life they expect. This involves expanding park and recreational amenities, maintaining a quality police force to keep pace with growth, construction of regional surface transportation projects, and to perform economic development activities to diversify the city’s tax base and increase employment opportunities in the region. Page 331 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 2 The City Government The Beaumont City Council is comprised of five Council members, each sharing equal voting powers on all items coming before the Council. Council members are elected to at-large positions for four-year terms, with elections held in November of even-numbered years. The City Council meets annually to select one of its members to serve as Mayor and another to serve as Mayor Pro Tem for one year but no more than two consecutive years. The City Council provides legislative and policy direction to the City Manager, who implements their decisions to direct the activities of the City. The City Council responds to issues and concerns of the community by allocating resources, developing policies, and formulating strategies that support the vitality and economic viability of the City. All of their decisions must be made at public meetings. The City Council appoints the City Manager and City Attorney and members of all advisory boards, commissions, and committees. The City Council also serves as the Board of Directors for the Beaumont Financing Authority, Beaumont Utility Authority, and the Beaumont Parking Authority. 3. BACKGROUND Founded at the turn of the 20th century, Beaumont is proud of its rich history and rural charm. The town served as a welcome “stopping-off point” for early travelers making their way from the Mohave desert to Los Angeles, and later for L.A. residents eager to vacation in Palm Springs. Some, however, set down roots, drawn by the beautiful mountain vistas; clean, crisp air; and the abundance of cherry and apple orchards. Beaumont provides the very best of rustic, rural beauty and charm, combined with the planned growth, abundant recreational opportunities, and rich community life offered by the finest Southern California cities. The progressive city of over 54,000 people, sits at 2,612 feet in elevation between Riverside and Palm Springs in the Inland Empire. The city operates 18 city-owned parks, including a 20-acre sports park as well as an extensive trails system. The Beaumont School District, with 12 schools, has an outstanding reputation, and it ranks highly in the Pass Area. The city is rounded out with various local service clubs, a state-of-the-art community recreation center, a library, two four-star golf courses, and multiple churches. The City interacts with numerous other government agencies, including but not limited to the California Department of Parks and Recreation, the California Department of Transportation, the County of Riverside, Riverside County Transportation Commission (RCTC), California Department of Housing and Community Development, the Federal Railroad Administration, the U.S. Economic Development Administration, and the U.S. Department of Justice. Page 332 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 3 4. PURPOSE The purpose of this RFP is to select a registered federal lobbyist firm who shall represent the City of Beaumont in Washington D.C. by monitoring and lobbying federal legislation which impacts the city and advocating on policy and funding opportunities with the House, Senate, congressional committees, and federal agencies. The selected firm will help the city develop a stronger, faster, and more effective approach to protect the interest of our residents, and to successfully pursue, secure, and maximize funds for local and regional projects through the federal authorization/appropriation process and competitive grant programs. Areas of interest include, but are not limited to, federal funding, both direct and pass through, transportation (surface and public), economic development, public safety, telecommunications and broadband, emergency operations, park and recreation amenities, labor law and rulemaking (e.g. collective bargaining for municipal employees), municipal/local government and non-profit taxation (e.g. tax exemption status for municipal bonds) and user fees, federal taxation and debt issues, cyber security, as well as issues concerning federal contracting, the federal workforce, including but not limited to, federal travel/transit reimbursements and per diems, and the location of federal facilities (including federal payments in lieu of taxes). 5. SCOPE OF WORK The Consultant must be well versed in Federal Legislation and able to properly represent the City and its interests. The services the City is seeking will include but are not limited to the following: General Lobbying Services: 1. On an annual basis, work with the City to update its legislative program to look at upcoming legislative trends. This will assist the City in proactively addressing legislation, topics, or issues that unfold in advance of the coming year. 2. Undertake advocacy, including strategy development and related activities, to attain the objectives of the City. Related activities to include meeting with legislators and staff, drafting legislative amendments, coordinating testimony at legislative hearings and administrative agencies, attending meetings and otherwise representing the City’s positions. Organize advocacy trips to promote the City’s projects and priorities. 3. Review proposed, introduced, and amended legislation, and proposed and adopted administrative rules and regulations, to determine its impact on the City and recommend positions to be taken on the legislation. Page 333 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 4 4. Provide periodic electronic reports on status of legislation and other related matters such as bill language and committee analysis, an annual report giving an overview of the completed and forecast of important issues on the upcoming year. 5. Coordinate and cooperate with other organizations, municipalities, companies, and firms having similar legislative objectives as the City. Where appropriate, advocate positions on legislation and work to secure language in law that will advance the City’s interests. 6. Regularly communicate with the City to assess legislative options, analyze legislation, and discuss policy objectives including review and input to the City’s legislative policy guide. Present legislative issues to the full City Council as needed/upon request. 7. Participate in regular planning and coordination meetings with City staff. 8. Undertake advocacy on technical matters, compliance reporting and associated activities. 9. Identify available programs that provide funding or grants for transportation, wastewater, recycled water, water conservation, energy sustainability, economic development, parks and recreation, public safety, and all other City projects and services and provide assistance in preparing applications. 10. Prepare and file all applicable Fair Political Practices Commission lobbying documents and reports within all applicable deadlines, per the provisions of the Political Reform Act of 1974 as amended. Provide the City notification of any changes or modifications that may be pertinent. 11. Assist City staff with ongoing/regular reporting and follow up as may be required by the granting agency/organization. 12. Arrange meetings with legislative representatives and/or government departments and/or agencies for City elected officials and staff as requested by the City. 13. Provide a monthly written summary of work conducted on behalf of the City. Federal Lobbying Services: 1. Serve as a reliable and consistent conduit of information to and from the congressional delegation, other members of Congress, congressional committees, congressional staff, and federal agencies. 2. Monitor and provide regular reports both orally and in writing, on current Page 334 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 5 legislation, the federal budget process, or any congressional events that may directly or indirectly impact the City. 3. Work closely with the City Council and/or City Manager to assist in developing the City’s legislative priorities and identifying current needs. 4. Focus efforts of supporting the City’s appropriations requests and legislative objectives during the final phases of Congressional action on spending and authorization legislation, including coordinating additional meetings with relevant Members of Congress or staff in support of the City’s federal objectives (as appropriate). 5. Frequently contact Members of Congress and staff, as well as Committee and federal agency staff on matters concerning the development of future legislation and regulations impacting the City of Beaumont. Said contact shall keep policy makers aware of the potential effect of specific legislation and regulations relative to the City of Beaumont’s interests. 6. Obtain and monitor bills, resolution, files, journals, histories, etc. As such, copies of bills and amendments that are determined to have an impact on the legislative and regulatory interests of the agency should be forwarded to the City of Beaumont. 7. Once legislative positions are established by the City, log required actions into a bill tracking system and update that system on a regular basis. 8. Transmit the City’s position on key House and Senate actions to Members of Congress and staff, as well as Committee and federal agencies (as appropriate) and other interest groups. 9. Design and implement a strategy, in consultation with the City staff that raises the consciousness and awareness of issues relating to the City with Congressional leaders and broadens and improves direct communication of City officials with the House and Senate Leadership. 10. Work with the City in the coordination of a legislative/regulatory program, which includes the development of legislative/regulatory positions and platforms as well as drafting proposed legislation when appropriate. 11. Be a special project facilitator for the City before federal agencies on funding matters and to develop project guidelines, policy, and resolution statements. 12. Assist the City with strategic communication or crisis response, if needed, relative to the City’s federal affairs activities. 13. Actively establish a strong identity and presence in Washington, DC on behalf Page 335 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 6 of the City. This effort shall be reinforced by day-to-day involvement in the political, regulatory and congressional actions on behalf of this organization. 14. On-site visits to the City of Beaumont shall be made upon reasonable notice and request to Consultant along with a presentation to the City Council and to confer with City officials regarding federal issues as requested. Optional Scope of Work Items: The consultant shall provide a separate line-item proposal for the following optional task: (these optional items may or may not be added to the final scope of work as determined by the city once a preferred consultant is chosen): A. California State Lobbyist Services 1. Review all bills introduced in the California Legislature and inform the City of all such legislation affecting its interest and forward a copy of such bills to the City. 2. Assist the City in identifying and obtaining state funding available for City programs and proposed capital projects. 3. Provide a monthly written summary conducted on behalf of the City during the legislative session and at other times if significant activity warrants it. 4. Initiate legislative proposals on behalf of the City. 5. Attend and provide testimony on behalf of the City in legislative hearings. 6. Perform duties customarily performed by legislative advocates and governmental affairs representatives on behalf of the City to the best of their abilities, experience, and talents. General Requirements: The successful proposer will be required to maintain an active City of Beaumont Business License and maintain all required insurance coverage as stipulated in the final contract. 8. ADDITIONAL CONSULTANT RESPONSIBILITIES The Consultant Team shall be responsible for completing the specified services in accordance with the City’s Professional Services Agreement (Attachment A). Page 336 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 7 9. TERM The initial term of the agreement shall be for the period of three (3) years from the commencement date. The contract may be extended for up to two (2) additional one (1) year periods. Unless otherwise agreed to by the parties or as may be required by law, any renewal shall be based on the same prices, terms and conditions as the initial term. 10. PROPOSAL REQUIREMENTS The proposal shall clearly address all the information requested herein. To achieve a uniform review process and obtain the maximum degree of comparability, it is required that proposals be organized and contain all information as specified below. A. Cover Letter: Maximum of two (2) 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. The letter accompanying the RFP shall also provide the name, title, address, and telephone number of individuals with the authority to negotiate and contractually bind the consultant. The cover letter constitutes certification by the consultant, under penalty of perjury, that the consultant complies with nondiscrimination requirements of the State and Federal Government. An unsigned proposal or one signed by an individual unauthorized to bind the consultant may be rejected. B. Introduction/Information: Introduction of the service proposal, including a statement of understanding for the types of services contemplated. Provide a discussion on how the objectives of the scope of services will be accomplished. Provide the name of the firm submitting the proposal, its mailing address, telephone number, and the name of the individual to contact if further information is required. Any participating firms and proposed sub-consultants shall be identified and included in the proposal (all sub-consultants must be approved by City prior to signing the agreement with City). C. Approach: The firm’s approach to delivering the scope of services. Provide a description 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. Firm Accomplishments: Provide key examples of accomplishments for clients, Page 337 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 8 examples of reports submitted to clients, capacity to represent clients in the Federal Legislature. F. Location of principal office that will be responsible for the implementation of this contract. G. Proposed Team: Provide a summary description of all 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 must be provided. H. References: Provide at least three (3) references from previous cities, counties or other agencies for similar work completed within the last 10 years, which include: name, address, contact person and phone number for the agency, length of time services were provided, staff assigned to each project by your firm, and a description of the services provided. All submitted materials shall become the property of the City of Beaumont. I. Scope of Services: Provide a description of the tasks, sub-tasks, and deliverables that will be provided. The Scope of Services should be presented in a logical format that can be easily attached to the Professional Services Agreement. Any additional items not mentioned above in the list but needed to get to full design and construction shall be included in the proposal as additional items for consideration. J. Project Schedule: Provide a comprehensive Critical Path Method (CPM) schedule describing the nature and estimated timeline of proposed work objectives and milestones. Gannt chart preferred. K. Cost proposal: Provide detailed cost of services in a separate sealed envelope. Costing should include: • Fixed prices, including out-of-pocket expenses, for all costs associated within the scope of this proposal • Detailed hourly rates of all members of the project • Additional billable costs for non-specified tasks • Total fees and expenses for the entire scope of the project • Any area which proposers believe should be included in the scope of work in this proposal, but which is not stipulated in this RFP, and identifies the costs associated with the services rendered L. List of all current/outstanding contracts, their status, and the completion date for each contract. M. Any other information which should be considered, such as any special services or customer service philosophy which define your firm’s practice. Page 338 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 9 N. 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. 11. SUBMITTAL Six (6) bound copies and one (1) color digital pdf copy (flash drive) of the proposal must be submitted no later than 2:00 p.m. Thursday, January 12, 2023. The cost proposal shall be submitted in a separate sealed envelope. Postmarks and faxes are not acceptable. Proposal must be titled “RFP Professional Services for FEDERAL LOBBYIST SERVICES.” All proposals shall be submitted to: Grace Wichert Gwichert@beaumontca.gov City of Beaumont 550 E. 6th 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 submittals of the proposal will not be accepted. *DUE DATE FOR QUESTIONS IS December 15, 2022, AT 2:00 p.m. All questions shall be submitted on PublicPurchase.com. Answers will be posted on the same website to allow all users to review the City’s responses to all questions within one (1) week of the question due date. 12. 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. 13. AMENDMENTS TO REQUEST FOR PROPOSALS Page 339 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 10 The City reserves the right to amend the RFP by addendum prior to the final proposal submittal date. 14. CITY OF BEAUMONT RIGHTS AND OPTIONS This RFP does not commit the City of Beaumont to award a contract or to pay any cost incurred with the preparation of a proposal or contract for services described herein. The City may, in its sole discretion and without any obligation to act reasonably, reject any and all proposals, waive informalities and minor irregularities in any proposal reviewed, negotiate with any qualified source submitting a proposal, extend deadlines, and/or request additional information. Subsequent to negotiations, prospective consultants may be required to submit revisions to their proposals. The City may reject any proposal that does not conform to the instructions provided in this RFP. Additionally, the City reserves the right to negotiate all final terms and conditions of any proposal received before entering into final contract. The City reserves the right to postpone selection for its own convenience, to withdraw this RFP at any time, and to reject any and all proposals without indicating any reason for such rejection. As a function of the RFP process, the City of Beaumont reserves the right to remedy technical errors in response to the RFP and to modify the published scope of services and scope of work. Proposals submitted in response to the RFP will not be returned. 15. 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. 16. 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: 1. Understanding the scope of services and completeness of RFP Available Points = 20 2. Related experience and demonstrated skills Available Points = 30 3. Approach to performing this type of service Available Points = 20 4. Familiarity with City, County, State procedures Available Points = 5 5. References Available Points = 10 6. Cost and Cost Effectiveness Available Points = 15 Total Points Available = 100 The City may request a qualification interview with the highest ranked consultant(s) prior Page 340 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 11 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 341 of 424 City of Beaumont Request for Proposal Federal Lobbyist Services 12 Exhibit “A” Professional Service Agreement Page 342 of 424 1 AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR is made and effective as of the 1st day of March, 2023, by and between the CITY OF BEAUMONT (“CITY”) whose address is 550 E. 6th Street, Beaumont, California 92223 and David Turch and Associates, whose address is 517 2nd Street Northeast, Washington, D.C., 20002- 4916 (“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 Federal Lobbying Services and B. CONTRACTOR has made a proposal (“Proposal”) to the CITY to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and C. CONTRACTOR agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to CITY that CONTRACTOR possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, CITY and CONTRACTOR agree as follows: 1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after five (5) year(s) unless extended by the parties with the approval of the City Council of the CITY. 2. Services to be Performed. CONTRACTOR agrees to provide the services (“Services”) as follows: Federal Lobbying Services per Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. CONTRACTOR designates David Turch as CONTRACTOR’S professional(s) responsible for overseeing the Services provided by CONTRACTOR. 3. Associates and Subcontractors. CONTRACTOR may, at CONTRACTOR’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as CONTRACTOR deems necessary to perform the Services; provided, however, that CONTRACTOR shall not subcontract any of the Services without the written consent of CITY. Page 343 of 424 2 4. Compensation. 4.01 CONTRACTOR shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the CITY. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by CITY to CONTRACTOR under this Agreement shall not exceed Seven Thousand Two Hundred Fifty Dollars and Zero Cents ($7,250.00) monthly, Eighty Seven Thousand Dollars and Zero Cents annually ($87,000.00). 4.02 CONTRACTOR shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the CITY, in writing. 4.03 CONTRACTOR shall submit to CITY, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The CITY shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. CITY shall have the right to review and audit all invoices prior to or after payment to CONTRACTOR. This review and audit may include, but not be limited to CITY’s: a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule; b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct; c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If CITY determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, CITY shall either return the bill to CONTRACTOR with a request for explanation or adjust the payment accordingly, and give notice to CONTRACTOR of the adjustment. 4.04 If the work is satisfactorily completed, CITY shall pay such invoice within thirty (30) days of its receipt. Should CITY dispute any portion of any invoice, CITY shall pay the undisputed portion within the time stated above, and at the same time advise CONTRACTOR in writing of the disputed portion. 5. Obligations of CONTRACTOR. 5.01 CONTRACTOR agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms that purport to bind the CITY other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect. 5.02 Except as otherwise agreed by the parties, CONTRACTOR will supply all Page 344 of 424 3 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 CONTRACTOR’s employees are eligible to work in the United States. 5.08 In the event that CONTRACTOR employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the CITY and shall be subject to the CITY’s advance written approval. 5.09 Drug-free Workplace Certification. By signing this Agreement, the CONTRACTOR hereby certifies under penalty of perjury under the laws of the State of California that the CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug- free workplace. 5.10 CONTRACTOR shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder. Page 345 of 424 4 6. Insurance. CONTRACTOR hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA. Therefore, throughout the duration of this Agreement, CONTRACTOR hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02. If existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. CONTRACTOR shall provide the following types and amounts of insurance: 6.01 Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate; CONTRACTOR agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s CITY, its officials, employees and agents. CONTRACTOR also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6. 6.02 Business Auto Coverage in an amount no less than $1 million per accident. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in performance of the Services hereunder, CONTRACTOR shall provide evidence of personal auto liability coverage for each such person. 6.03 Workers’ Compensation coverage for any of CONTRACTOR’s employees that will be providing any Services hereunder. CONTRACTOR will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any workers’ compensation will not limit the obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly agrees not to use any statutory immunity defenses under such laws with respect to CITY, its employees, officials and agents. 6.04 Optional Insurance Coverage. Choose and check one: Required __ /Not Required ___; Errors and omissions insurance in a minimum amount of $2 million per occurrence to cover any negligent acts or omissions committed by CONTRACTOR, its employees and/or agents in the performance of any Services for CITY. 7. General Conditions pertaining to Insurance Coverage 7.01 No liability insurance coverage provided shall prohibit CONTRACTOR from waiving the right of subrogation prior to a loss. CONTRACTOR waives all rights of subrogation against CITY regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do likewise. 7.02. Prior to beginning the Services under this Agreement, CONTRACTOR shall furnish CITY with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 7.03. All required policies shall be issued by a highly rated insurer with a minimum Page 346 of 424 5 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 as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to CITY. CONTRACTOR acknowledges that CITY would not enter into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect CITY as set forth herein. a. To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless CITY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by CITY, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. CONTRACTOR’s obligation to defend, indemnify and hold harmless shall include any and all claims, suits and proceedings in which CONTRACTOR (and/or CONTRACTOR’s agents and/or employees) is alleged to be an employee of CITY. Page 347 of 424 6 All obligations under this provision are to be paid by CONTRACTOR as they are incurred by CITY. b. Without affecting the rights of CITY under any provision of this Agreement or this Section, CONTRACTOR shall not be required to indemnify and hold harmless CITY as set forth above for liability attributable solely to the fault of CITY, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A. Indemnification Design Professionals. 8A.01 In the event that CONTRACTOR is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, CONTRACTOR shall indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to CONTRACTOR shall not exceed CONTRACTOR’S proportionate percentage of fault. 9. Additional Services, Changes and Deletions. 9.01 In the event CONTRACTOR performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of CITY, CONTRACTOR shall not be compensated for such services. CONTRACTOR expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the CITY in writing. 9.02 CONTRACTOR shall promptly advise the City Manager and Finance Director of CITY as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the CITY and/or City Council. 10. Termination of Agreement. 10.01 Notwithstanding any other provision of this Agreement, CITY, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to CONTRACTOR. 10.02 In the event of termination, the payment of monies due CONTRACTOR for undisputed Services performed prior to the effective date of such termination shall be paid Page 348 of 424 7 within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, CONTRACTOR agrees to promptly provide and deliver to CITY all original documents, reports, studies, plans, specifications and the like which are in the possession or control of CONTRACTOR and pertain to CITY. 11. Status of CONTRACTOR. 11.01 CONTRACTOR shall perform the Services in CONTRACTOR’s own way as an independent contractor, and in pursuit of CONTRACTOR’s independent calling, and not as an employee of CITY. However, CONTRACTOR shall regularly confer with CITY’s City Manager as provided for in this Agreement. 11.02 CONTRACTOR agrees that it is not entitled to the rights and benefits afforded to CITY’s employees, including disability or unemployment insurance, workers’ compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. CONTRACTOR is responsible for providing, at its own expense, disability, unemployment, workers’ compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors. 11.03 CONTRACTOR hereby specifically represents and warrants to CITY that 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 Page 349 of 424 8 vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY’s agents for examination all of such records and shall permit CITY’s agents to audit, examine and reproduce such records. 13. Miscellaneous Provisions. 13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by CONTRACTOR for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 13.02 CONTRACTOR shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of CITY. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 13.03 CONTRACTOR shall timely file FPPC Form 700 Conflict of Interest Statements with CITY if required by California law and/or the CITY’s conflict of interest policy. 13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled. 13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California. 13.06 CONTRACTOR covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor. 13.07 CONTRACTOR has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. CONTRACTOR agrees that they are unaware of any financial or economic interest of any public officer or employee of the CITY relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the CITY may immediately terminate this Agreement by giving notice thereof. CONTRACTOR shall comply with the requirements Page 350 of 424 9 of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement. 13.08 Improper Consideration. CONTRACTOR shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the CITY in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by CITY. The CITY, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the CITY with respect to the proposal and award process of this Agreement or any CITY contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any CITY contract has been awarded. CONTRACTOR shall immediately report any attempt by any CITY officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from CONTRACTOR. 13.09 Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written. CITY: CONTRACTOR: CITY OF BEAUMONT David Turch and Associates By: By: Julio Martinez III, Mayor Print Name: Title: Page 351 of 424 EXHIBIT “A” PROPOSAL (insert behind this page) Page 352 of 424 RFP Professional Services for FEDERAL LOBBYIST SERVICES City of Beaumont, CA RFP NO. ED#22-08 January 12, 2023 Page 353 of 424 2 January 12, 2023 Ms. Grace Wichert City of Beaumont 550 E. 6th Street Beaumont, CA 92223 Dear Ms. Wichert: David Turch and Associates is a registered, successful, experienced, and well-respected federal government relations firm. We have operated continuously since 1987. Bloomberg Government has recognized David Turch and Associates - for the second consecutive year - as one of Washington’s “top performing lobbyists.” We work with myriad local government entities across the United States and private sector companies both domestically and internationally. A focus of our federal advocacy is servicing municipal clients in California. We thoroughly comprehend and appreciate the City of Beaumont’s Scope of Services. We are familiar with the city, the region, and provide a demonstrated ability to understand and successfully achieve your objectives. We provide a superior level of personal attention and service. We commit to the City of Beaumont to deliver an unparalleled level of performance through comprehensive strategic planning, legislative goal setting, intergovernmental advocacy, and political analysis. David Turch and Associates (DTA) is located on Capitol Hill at 517 2nd Street Northeast, Washington, D.C. 20002-4916. We, as a firm, and our associates individually, are free of any conflicts of interests relative to the services provided to the City of Beaumont. DTA functions as a collaborative team. All members of the firm work on issues as required. We comply with all state and federal laws and requirements related to non-discrimination as well as all other regulations and requirements related to lobbying. We provide all the activities listed in Beaumont’s Scope of Services for current clients. David Turch is the principal. He and Marilyn Campbell are authorized to make any final decision related to the contract negotiations. They may be reached at (202) 543-3744 or david.turch@davidturch.com or marilyn.campbell@davidturch.com. We look forward to providing the City of Beaumont with the excellent representation you expect and deserve. Sincerely, David N. M. Turch Page 354 of 424 3 Table of Contents Introduction/Information and Firm Profile 4 Approach 4 Firm Accomplishments 5 Location of Principal Office 9 Proposed Team 10 References 12 Scope of Services 15 Project Schedule 17 Cost Proposal 17 Current Contracts 17 Insurance 19 Appendix ` 20 Page 355 of 424 4 Introduction/Information and Firm Profile David Turch and Associates was founded in 1987. We have operated continuously since that time. The firm is a sole proprietorship. We are politically active in a bipartisan manner with friends in both parties. We comply with all federal reporting and requirements. We work with cities across our entire great nation. We represent municipal utilities, water agencies, transit agencies, planning organizations, airports, economic development agencies, joint powers authorities (JPAs), and counties. We also work for private corporations and non-profits. We have the institutional knowledge to expertly navigate Congress and the Executive Branch. We pride ourselves in working year-round for our clients and are accessible through many means of communication. Our entire experienced advocacy team is dedicated to achieving your objectives. David Turch and Associates is a horizontally organized firm. David Turch is the owner and principal of the firm. He provides the overall strategy and follow up on its implementation. All members of the firm answer to him directly. We are a collaborative team. Messrs. Cameron Wheeler and Jamie Jones will be points of contact for day-to-day issues. Mr. Kevin Bosch will primarily provide legislative and regulatory research and grant announcements. We provide all the services listed in the Scope of Services. We have provided similar services for clients for 35 years and will do so for Beaumont. Each member of the firm will devote as much time as may be required to accomplish objectives for Beaumont. David Turch and Associates is located on Capitol Hill at 517 2nd Street NE, Washington, D.C. 20002. Our main line office number is (202) 543-3744. David Turch is the principal. He may be reached at (202) 543-3744 and via email at david.turch@davidturch.com. Approach We maintain close relationships with our clients. Members of the governing boards of our clients know us personally. We make frequent visits to your area. We listen. We work hard to understand your current needs and your plans. We appreciate the role everyone plays in this team effort. Jamie Jones will oversee the day-to-day management of this account. He will provide strategic insight and collaboration on the most effective approaches to issues and/or challenges. David Turch will provide strategic guidance. Kevin Bosch will provide daily Page 356 of 424 5 review of grant opportunities, Congressional and Executive Branch actions and conduct research on Beaumont’s federal priorities. All members of the firm will assist in meeting Beaumont’s objectives. Following contract award, we will travel to Beaumont and meet with City Council members and staff, and anyone else you designate. We will work with you to review and update the City’s short- and long-term priorities. We will identify specific appropriations and grant funding opportunities to meet your priorities. In collaboration with you, we will plan how best to position the City’s project funding requests in the upcoming Community Project Funding (earmark) process. Following these planning discussions, we will contact your congressional delegation, relevant House and Senate committees, and federal agencies on your updated policy goals and project list. We will work with you to plan City advocacy visits to Washington, D.C. These trips can be timed to overlap with any City related conferences in our nation’s capital. Your involvement in the federal advocacy process and engagement in public policy deliberations are integral to successfully advancing the City’s priorities. We encourage the City to send a group of officials to meet with congressional representatives and relevant House/Senate committees and federal agencies in the winter or spring of each calendar year. If Council members are unable to come to Washington, D.C. as part of the delegation, we will piggy-back on any non-City related trips Council members may take to our nation’s capital. We will provide any updates as needed. This may be with regularly scheduled phone calls or monthly reports, as you have requested in the Scope of Services. Much of the regular information flow will be via telephone calls and electronic correspondence. (NOTE: Congressional offices and Executive Branch agencies are still at times working remotely. Meetings are likely to be a mix of in-person and video calls. The rules are set by each congressional office and agency and change frequently.) Firm Accomplishments Our record of success on behalf of our clients includes: City of Santee, California The City of Santee secured $2,500,000 in the FY23 Consolidated Appropriations Act for their SR-52 Congestion Improvement Project. This project will add a 4.2-mile westbound auxiliary and truck climbing lane from Mast Boulevard to Santo Road and will reduce peak hour travel time by up to 33% and improve traffic flow. SR-52 is a regionally significant east-west highway connecting residents in suburban and rural areas of east San Diego Page 357 of 424 6 County to employment centers. The route is a major corridor for freight and vehicle traffic coming from the U.S.-Mexico border via State Route 125. City of Montclair, California The City of Montclair secured $800,000 in the FY23 Consolidated Appropriations Act to purchase body-worn cameras and related data server systems to be used by police officers during contact with residents and visitors to the Montclair community. The City of Montclair secured $2,000,000 in the FY22 Consolidated Appropriations Act for improvements to their Saratoga Park. Funding was used to update a heavily used community recreation facility and to provide needed infrastructure improvements to the baseball field and associated facilities at Saratoga Park. The project addressed existing ADA compliance needs, retrofitted and refurbished the existing community recreation facility, and modernized and improved the existing baseball facilities. West Valley Water District, California We secured $2,000,000 for WVWD’s Bloomington Alleyway Pipeline Project in the FY22 Consolidated Appropriations Act. Funding is administered by the USEPA under the State and Tribal Assistance Grant (STAG) program. WVWD is phasing in new water pipelines, smart water meters and hydrants for residents in Bloomington, an unincorporated area designated as a disadvantaged community by the California Public Utilities Commission. The area is largely defined by widespread poverty, high unemployment, and air and groundwater pollution. Completion of this project will help the District continue to provide a safe, reliable, and affordable supply of drinking water to Bloomington ratepayers, IEWORKS -- We worked on securing congressional and Department of Education support for a joint application spearheaded by Jewish Vocational Service (JVS)/BAYWORK and West Valley Water District, among other partners in the Inland Empire, which was funded by the US Department of Education through the FY 2020 Education Stabilization Fund: Reimagine Workforce Preparation (ESF-RWP) Grants Program. The California Department of Employment Development was the lead applicant. The award, which was announced in October 2020, was for $14,440,118 to be allocated among five projects, including the JVS/BAWORK Inland Empire initiative. The San Bernardino County Workforce Development Board, the Los Angeles Black Worker Center, San Bernardino Valley College (SBVC), San Bernardino City Unified School District’s Career Technical Education (CTE) program, West Valley Water District, and other local water and wastewater agencies and their labor partners comprise this partnership. This program replicates the successful model of regional outreach, training, internships, and support pioneered through BAYWORK, a water utilities consortium in the San Francisco Bay Area. The Inland Empire partnership creates a talent pipeline to meet industry needs by recruiting college students and co-enrolled high school students in San Bernardino Valley College’s Water Technology Program, increasing access to apprenticeship training, and preparing students for entry-level jobs in essential water and Page 358 of 424 7 adjacent fields. Grant funds support partner-led coordination, recruitment, and classroom training efforts; create internships; leverage local union and community college support to develop a regional apprenticeship program; and fund employer-provided on-the-job experience to ultimately connect vulnerable job seekers to high-quality jobs. EPA WIFIA – We worked with WVWD Board members and staff, Corolla consultants, in releasing a Letter of Interest to the US Environmental Protection Agency to participate in the Water Infrastructure Finance and Innovation Act (WIFIA) loan program to help fund the expansion of the Oliver P. Roemer Water Filtration Facility Project. We secured support letters from Senators Dianne Feinstein, Kamala Harris and Representatives Pete Aguilar and Norma Torres. In pursuing a WIFIA loan, we organized meetings with the EPA in 2018 and 2019 for WVWD Board members and staff to discuss the program parameters. In January 2021, the EPA invited WVWD to submit a WIFIA loan application for up to $25 million. $300,000 WaterSMART Grant – In 2018, WVWD was interested in modifying a 2015 $300,000 Bureau of Reclamation WaterSMART grant from a purely turf replacement project to an irrigation installment project. We raised the issue with BOR headquarters in Washington, D.C. and with the agency’s Temecula Office. We scheduled follow up conference calls with BOR Temecula officials and secured approval for WVWD to modify the grant. City of Chino, California Chino secured $2,000,000 in the FY23 Consolidated Appropriations Act for its new treatment plant for groundwater wells 4 and 6. The project entails a new 2 million gallon per day (MGD) groundwater treatment facility to address water supply needs from wells 4 and 6. Currently, the wells are inactive due to water quality contamination. Chino Basin historically has been a center of agricultural and manufacturing activities that have contributed significantly to the contamination of the basin as a whole. The City has experienced nitrate, TCP-123 and other contaminations at other well sites and is constructing treatment plants to address these issues. We worked with the City of Chino in 2019/2020 in securing a Bureau of Reclamation Drought Resiliency grant in the amount of $750,000 for Chino Well 14 On-site Wellhead Treatment. We worked with Bureau officials in Washington, D.C., their regional office in Colorado, and their local office in Temecula in securing the grant. The City will construct an on-site wellhead treatment facility to bring a well back into service that had been retired due to groundwater contaminants. The project will provide 3,705 acre-feet per year of treated water to the local potable supply. Almost half of the City’s supply is provided by groundwater and this project will support the City in increasing the reliability of its local supplies. The City submitted a previous application for the project in 2018/2019. We scheduled a debrief with the Bureau in 2019 which was critical in identifying the parts of the application that needed to be modified and strengthened. Page 359 of 424 8 ICI System, California The Interagency Communications Interoperability (ICI) System Joint Powers Authority is a public safety communications network that serves more than 70 first responder agencies and their more than 25 Regional 9-1-1 emergency Dispatch Centers as a primary Land Mobile Radio (LMR) System in Los Angeles County. We coordinated with ICI member agencies in our outreach to the Federal Communications Commission and Congress to overturn a provision in public law that mandated the FCC to reallocate and auction public safety T-Band (470-512 MHz) – spectrum used for mission critical voice communications in some of the largest metropolitan areas in the country, including Los Angeles, New York, Boston, Chicago, and Philadelphia. We worked to gain congressional legislative support in both chambers of Congress, worked closely with the chairmen and ranking members of the House Energy and Commerce Committee, the Senate Commerce, Science and Transportation Committee and congressional leaders from both sides of the aisle to secure the adoption of our provision in a pandemic relief package enacted into law in December 2020. This legislative provision saved our client and its member agencies more than $300 million and preserved T-Band as the backbone of their interoperable public safety radio system. We worked with the ICI System in securing $2,500,000 in the FY23 Consolidated Appropriations Act. Funds will be spent on equipment/software upgrades migrate regional emergency communications system from P-25 Phase 1 Frequency Division Multiple Access (FDMA) to the more efficient P-25 Phase 2 Time Division Multiple Access (TDMA) technology, expanding network capacity to essential levels. City of Imperial, California The City of Imperial secured $1,200,000 in the FY 23 Consolidated Appropriations Act for their Imperial Community Kitchen Incubator Project, which will provide micro- business owners the opportunity to test their products on the market while learning valuable finance skills to sustain their businesses. The City wants to create five to eight successful community incubators within the community; thus creating twenty-five to forty permanent jobs. This project will serve the local population of 20,263 residents, as well as a day-time tourism population of an additional 10,000. Ontario International Airport, California When “earmarks” were forbidden, we were successful in amending a federal statute to allow a transfer of up to $250 million between the Ontario, California International Airport and LAX (Los Angeles International Airport) as part of a campaign to return Ontario, California International Airport to the control of the City of Ontario, California. Over a period of ten months, we secured the introduction of stand-alone, companion bills in each chamber of Congress, overcame earmark concerns, ensured our legislative text was part of Chairman Shuster and Chairman Thune’s respective FAA reauthorization measures and, as a fallback plan, inserted our provision in the Senate Transportation Appropriations bill. Enactment of our legislative fix allowed the airport transfer to take place on November 1, Page 360 of 424 9 2016. That critical exchange of funds required for the transfer of control had been prohibited by federal statute. That activity appeared to be the very definition of an earmark. We still won. Lake Elsinore, California Since Congress reinstated Congressionally Directed Funding (earmarks), we helped Lake Elsinore obtain $400,000 for the redevelopment of the downtown in FY2022. The funds will be flowing through HUD and we located the staff in charge of the funding so the City could contact them to get the process moving forward. $2,000,000 for the seismic retrofitting of a bridge will be funded in the FY2023 Transportation-HUD appropriations legislation. We will monitor the funding of this project to make sure DOT moves it forward. Riverside Transit Agency (RTA) We identified grant opportunities and forwarded them to RTA. Working with RTA we obtained letters of support from Congressional offices. Additionally, when RTA visited Washington DC we arranged meetings with Congressional offices, industry associations and federal agencies to raise the profile of RTA and allow them a platform to advocate for their projects. In August of 2022, the FTA made the awards official issuing a press release that included funding for RTA projects: • $5,153,594 from the Low- No Emissions program for hydrogen fuel cell powered electric buses and training for drivers and mechanics; • $1,594,364 from the Bus and Bus Facilities program to buy solar panels to install at bus facilities and train workers. Location of Principal Office David Turch and Associates is located at 517 2nd St NE, Washington, D.C. 20002 Page 361 of 424 10 Proposed Team David Turch David Turch served more than fifteen years as a legislative aide with Members of both the U.S. House and Senate and both major political parties. After a career on Capitol Hill, he became a division director for two of the nation’s largest public relations firms. There, David achieved substantial expertise in the development of successful government marketing strategies. In August of 1987 he founded David Turch and Associates at its present location on Capitol Hill. David graduated from Saint John’s University with majors in economics and business administration. Jamie Jones Jamie Jones has been with David Turch and Associates for the past 22 years focusing on meeting our clients’ interests in public safety, transportation, aviation, economic development, defense, environment, and water related matters. Jamie has extensive experience working with municipalities, particularly in California. Jamie will oversee the day-to-day management of the contract. Prior to joining the firm, Jamie worked for twelve years in the U.S. House of Representatives. As a senior level staffer for a member from the Los Angeles County Congressional Delegation, Jamie managed the legislative operations of the office and worked closely with both the Republican and Democratic leaderships of the House. Jamie worked as a consultant/advance representative on a congressional campaign in New York City. He was also a senior associate for a New York-based financial institution. Jamie holds an advanced degree in International Affairs from The American University. Kevin Bosch Kevin Bosch has worked for David Turch and Associates since 1993. He currently manages the research operations for the firm. In this capacity, he tracks and analyzes legislative and regulatory actions of the federal government. Additionally, Mr. Bosch analyzes and monitors the grant process and opportunities within the executive branch, including the interplay of the Congress and executive branch in spending decisions. Kevin also assists in servicing all the clients. His decades of experience studying the intricacies of our federal system is unparalleled. He is a tried-and-true problem solver. Mr. Bosch received his Master of Arts degree in Comparative Politics from the American University in Washington D.C. He holds a Bachelor of Arts degree in Political Science from Calvin College in Grand Rapids, Michigan. Kevin will work closely with Jamie Jones to achieve Beaumont’s objectives. Marilyn Campbell Marilyn Campbell is our chief operating officer and has been with the firm since 1990. A native Washingtonian, Marilyn brings extensive management and political experience including staff service on the House Rules Committee, the most powerful committee in Congress. Ms. Campbell also served as a staff member to the Senate Committee on Energy and Natural Resources and the Senate Committee on the Judiciary. Subsequently, Marilyn Page 362 of 424 11 managed some of Washington’s top law firms and the Washington office of Ferranti International of the United Kingdom, at the time one of the world’s leading defense contractors. Marilyn will oversee the contract administration. Elaine Temple Elaine brings 30 plus years of experience helping governmental entities with capital financing and legislative affairs. She began her career in finance with a regional bank specializing in equipment finance for cities, counties, and governmental agencies. Elaine was responsible for all areas of the division including marketing, sales, pricing, and governmental affairs. At her retirement, the division was the largest corporate lending area in the bank. Today, Elaine works with David Turch and Associates helping governmental entities reach their goals. Elaine has a Bachelor of Science with an emphasis on finance and accounting from the University of Southern Mississippi and graduated from the LSU Graduate School of Banking. Col. Vic Tambone (USAF Ret.) Mr. Tambone served the country as an Air Force officer for twenty-four years, rising to the rank of colonel. In addition to being a pilot, staff officer, and commander, he served with distinction in the Office of Legislative Liaison for the Secretary of the Air Force. Tambone also served as a program manager for aircraft acquisition, an Advance Agent for Presidential Flight Support, and the military aide to Secretary Henry Kissinger. President Bush appointed Mr. Tambone as the first Chief of Staff, Science and Technology Directorate, U.S. Department of Homeland Security, where he served as special advisor to the members of the Under Secretary’s immediate staff and also as a liaison to other components of the Department, the Administration, and the US Congress. Victor Tambone attended the Virginia Military Institute and graduated from the United States Air Force Academy. He earned a Bachelor of Science degree in aeronautic engineering and a minor in astronautic engineering. He also holds an advanced degree in international politics from Webster University and is a graduate of the Harvard University Kennedy School of Government, and National Preparedness Leadership Institute. Joseph McLean Joseph McLean was a member of the founding leadership team of Barak Obama’s successful U.S. Senate race and managed Governor L. Douglas Wilder’s historic election in Virginia, as well as engineering dark horse victories in California, Michigan, and Kentucky. He created the institutional development plan for VoteVets.org and The Lantern Project, two groundbreaking new concepts that fundamentally changed the political landscape. Joe served as President and CFO of Heflin & Company, Inc., a commercial construction company in Nashville, and is the fifth generation to raise cotton on his family farm in Quincy, Tennessee. Joe served as legislative assistant in the Tennessee congressional delegation for Ed Jones and was a Campaign Finance Analyst with the Clerk of the U.S. House of Representatives. Joe holds a A.S. in History/Economics from Freed- Hardeman University, and a B.S. in Political Science/Economics from Middle Tennessee State University. Page 363 of 424 12 Cameron Wheeler Cameron Wheeler is an Executive Assistant at David Turch and Associates. He joins the firm with a Master of Arts in International Peace and Conflict Resolution from American University. Cameron has previously interned for the Woodrow Wilson Center’s Mexico Institute focusing on USMCA implementation and best practices. He has extensive management and research experience that he brings to his role at the firm. Khadija Boutarbouche Khadija is a Staff Assistant at David Turch and Associates. She was born in Morocco and moved to the United States in 1989. She is fluent in English, French, and Arabic. Khadija graduated from Lycee Ibn Yassine and spent three more years studying hotel and restaurant management. Since moving to the U.S., Khadija has held numerous management positions in the food and beverage industry. She brings this extensive management and customer service experience to her work with David Turch and Associates. References Most of our client service agreements are open ended for service activities and not for a specific project. Below are three client references for which we have covered many different issues for cities similar to Beaumont. 1. City of Rialto, CA Contact: Mayor Deborah Robertson 150 South Palm Avenue Rialto, CA 92376 909-820-2689, drobertson@rialtoca.gov In the FY22 Consolidated Appropriations Act (Public Law 117-113), we worked with the City and Representatives Pete Aguilar (D-CA) and Norma Torres (D-CA) to secure $700,000 for body-worn cameras for the Police Department and $862,500 for Rialto’s Emergency Operations Center. For each of these funding streams, we followed up with the respective agencies to ensure funding was obligated to Rialto. In the current FY23 appropriations process, Rialto has secured $2,000,000 for their Lake Rialto project. Funding is pending congressional completion of the FY23 budget. On water related projects, we have worked with a number of clients including the City of Rialto. In this capacity, we worked with the California congressional delegation to secure both federal funding and administrative agency solutions to the issue of perchlorate groundwater contamination in the Rialto-Colton Basin. We worked with the U.S. Environmental Protection Agency (EPA) and relevant congressional committees, in Page 364 of 424 13 particular the Senate Environment and Public Works Committee, in advancing Rialto’s objective by securing a National Priorities Listing (NPL) of the 160-acre B.F. Goodrich area as a superfund site. In addition, we helped secure over $23 million in perchlorate remediation from the Department of Defense and EPA. Through our advocacy work with EPA, we helped the City of Rialto partner with the agency to establish a job training program aimed at helping prepare young adults in Rialto for employment opportunities in the hazardous waste cleanup industry. The Superfund Job Training Initiative (SuperJTI) program combines extensive classroom instruction with hands-on training exercises for each participant. SuperJTI graduates have the technical skills to work on a broad range of construction, environmental remediation, and cleanup projects at Superfund sites. EPA offers SuperJTI training through its Technical Assistance Services for Communities (TASC) contract, which provides training and independent technical assistance to communities. TASC aids communities affected by hazardous waste sites regulated by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly known as Superfund, and the Resource Conservation and Recovery Act (RCRA). David Turch and Associates had Rialto municipal airport designated by Congress as one of two in California critical to the nation’s airport and airway systems (the other was LAX). As a result of that designation, more than 1,000 acres were acquired, a new runway and taxiway constructed, new lighting systems installed, and the airport fenced. We also worked on the transfer of a control tower to Rialto. In addition, we worked with the U.S. Department of Commerce on a multi-million dollar grant to develop an industrial park at the airport. Years later, when the Rialto City Council decided to close the municipal airport, we overcame Federal Aviation Administration objections and included language in SAFETEA-LU (Safe, Accountable, Flexible and Efficient Transportation Equity Act – A Legacy for Users) to relocate the operations of the facility to the San Bernardino International Airport (also a client). This provision represented the first time that Congress directed the FAA, through statutory language, to close an airport. This action provided the City with the opportunity to develop the former airport grounds, generating countless jobs, commercial and residential development and economic growth in north Rialto. 2. City of Temecula, CA Contact: Mayor Matt Rahn 951-506-5100, matt.rahn@temeculaca.gov Aaron Adams, City Manager 951-694-6419, aaron.adams@temeculaca.gov 41000 Main Street, Temecula, CA 92590 David Turch and Associates, working closely with the City of Temecula, community stakeholders, congressional members, and senior Department of Transportation representatives, helped Temecula secure a $50 million Department of Transportation (DOT) Infrastructure for Rebuilding America (INFRA) grant for the I-15 French Valley Parkway Phase 2 project. Temecula’s project was one of 20 projects – and only 1 of 10 Page 365 of 424 14 large projects – to receive an award in the FY 2019 INFRA round. According to USDOT, approximately 200 INFRA grant applications seeking $9.8 billion were submitted nationwide competing for approximately $856 million in available federal funds. The French Valley Parkway Phase 2 project will construct two northbound collector/distributor lanes spanning over three miles along Interstate 15, and partially along junction 215, with a flyover bridge to better distribute traffic at the confluence of the I-15/215 junction. These lanes will alleviate the chokepoint of congestion on Interstate 15 where weaving begins, causing daily traffic jams that back up northbound travelers from that point into San Diego County – a backup that at times stretches more than 20 miles. We worked with the City, Representative Ken Calvert (R-CA) and the US Army Corps of Engineers in securing $10 million in Construction General funds in the Corps of Engineers FY 2018 Work Plan for the Murrieta Creek Flood Protection and Environmental Restoration Project. The funding was needed to address remaining safety issues Temecula officials had raised with the Corps and to complete Phases 1 and 2A of the project. The Corps was planning to de-scope a key safety and landscape component of the top of both sides of the riverbank. The affected area was in a highly visible segment of the City, winding through the heart of Temecula’s “downtown” district in Old Town. We organized numerous meetings and conference calls on the matter with both the Corps and Congressman Calvert’s office. 3. City of Lake Elsinore, CA Contact: Jason Simpson - City Manager 130 South Main Street Lake Elsinore, CA 92530 (951)674-3124 jsimpson@Lake-Elsinore.org The Lake Elsinore Advanced Pump Storage Project (LEAPS) was first proposed more than a decade ago. The request for a license was filed with the Federal Energy Regulatory Commission (FERC) more than 10 years ago. The premise was to pump water out of Lake Elsinore, California up in the hills above the City of Lake Elsinore into a manmade reservoir, releasing the water at peak energy times to generate electricity. The City was opposed to its construction. In 2017 the company attempted to get the project license approved again by FERC. The City was still opposed to the project. David Turch and Associates set meetings with House and Senate staff and Members, Committee staffers overseeing FERC, and FERC itself. Since FERC is a quasi-judicial agency, we had to set up the meeting in terms of understanding the process. We educated Congressional offices on the project and its impact on districts outside of the reservoir, including a diminished water supply in the lake, hazards in case of an earthquake and the placement of high-voltage power transmission lines though several congressional districts using US Forest Service land - Trabuco District of Cleveland National Forest. We have continued to monitor and reach out to staff to keep them up to date on any changes Page 366 of 424 15 related to the proposed project. We have reached out to federal agencies to alert them of the proposed project and its impact, including EPA, US Forest Service and USDA. The applicant this year filed an application for preliminary permit as the previous permit was rejected in early 2022. Since Congress reinstated Congressionally Directed Funding (earmarks), we helped Lake Elsinore obtain $400,000 for the redevelopment of the downtown in FY2022. We helped secure $2,000,000 for the seismic retrofitting of a bridge that will be funded in the FY2023 Transportation-HUD appropriations legislation. Additionally, we have worked on homeless issues and wildfire emergency funding for the City. Scope of Services Congressional Timeline -- January through mid-March is the time when City officials across the country frequently come to Washington, D.C. for the annual meetings of the U.S. Conference of Mayors, the National League of Cities, the American Public Transit Association, and other organizations that deal with public sector issues. If Beaumont officials are in town for these activities, we encourage you to also participate in Capitol Hill and agency meetings specific to your interests. We will organize these meetings around your planned itinerary. This will give us the opportunity to further promote the City’s federal agenda. During February, March, and April, appropriations committees hold their most important hearings on the President’s budget proposal. These hearings offer an excellent opportunity to deliver your message. We can arrange for you to testify at a hearing as well as help to draft your statement. From about April through September, we regularly meet with Members, senior committee professional staff, and executive branch officials to monitor the progress of funding priorities, grant applications and other City interests. Appropriations bills are frequently passed on very short notice. An entire year’s hard work can be lost overnight. Additional visits, phone calls, and letters to congressional offices may be required to ensure the City’s interests are protected. The identities and agendas of the decision-makers may not be apparent to outsiders. We know how to close the deal. How We Serve as Your Congressional/Federal Liaison -- One important part of congressional liaison work is simply to be there. We are. We talk with Members and their staffs and understand the latest developments. David Turch and Associates’ physical location in a historic district adjacent to the Senate office buildings on Capitol Hill helps. Promoting your program and interests to the Congress and federal agencies is best done by keeping it simple. We help develop material and messages that can be encapsulated in one page – or less. The detail, when required, will be attached but the message or request needs to be clear and concise. The follow up is crucial. Reminders are constantly made with key congressional offices and federal agencies. We keep you informed of progress and problems. Besides monitoring federal budgetary issues for Beaumont, we will also track Page 367 of 424 16 legislative bills that may have a positive or negative affect on the City. When appropriate, we will work in sync with national organizations like the US Conference of Mayors and the National League of Cities (NLC) to advance your priorities. To further enhance the City of Beaumont’s presence in Washington, we belong to, or actively participate in, a number of organizations which include: Washington Area Transit Industry Representatives (APTA), U.S. Conference of Mayors, National League of Cities, National Association of Counties, The Bus Coalition, NGVAmerica and National Association of Housing and Redevelopment Officials. We can more effectively advance the City’s priorities by leveraging nationally based organizations representing public sector interests, particularly during policy/programmatic campaigns targeting Congress. Federal Funding Opportunities and Council Federal Workshop -- We will continue to match the City’s priorities with current federal funding programs. We have one of the most sophisticated grant tracking programs in Washington. We systematically search for funding programs that will meet your needs. We flag all relevant funding opportunities and guide you through the application process. We are notified by the appropriate agency relevant to Beaumont and convey the funding opportunities to you. We work with you to implement our strategy to win political support and pursue funding for your various priorities. And, of course, we work with your congressional delegation to leverage their support for your federal funding requests as well as advise them of your legislative/regulatory interests and concerns. As part of our effort to strengthen the City’s federal agenda, we recommend holding a federal workshop for the Council at a time of your convenience. We have found that these workshops act as a constructive way to get Council input and direction on the City’s federal priorities and interests. We will provide an overview of the federal budget process, explore different City priorities and federal funding opportunities, including the restoration of community project funding (earmarks) and recalibrate, if necessary, the City’s federal agenda. Reporting -- We place great emphasis on communication. This is done through personal updates and frequent visits to Beaumont. We will communicate with the City extensively and regularly expect to hear from you. This gives the City immediate information and provides you with the ability to ask detailed questions and provide specific direction. Such personal service fosters improved relations and provides a forum for more detailed examination of your federal issues. This clear understanding of the City’s direction is most useful during the legislative session when we arrange meetings and the opportunity for you to testify before the federal government. Your issues are important -- they deserve proper acknowledgment and action. We currently have bi-weekly video calls with some clients to provide updates. We use any format our clients want for communication: calls, texts, email, reports and in-person meetings here in D.C. or in Beaumont. Our communications with the City of Beaumont will be personalized to fit your needs and desires. David Turch enjoys providing in-person updates to our clients especially at City Council meetings. Page 368 of 424 17 We understand Beaumont will require frequent calls and monthly reports. We provide such services currently for some of our clients and will be glad to do so for Beaumont. Collaborating With National Associations/Organizations -- To further enhance the City of Beaumont’s presence in Washington, we belong to, or actively participate in, a number of organizations which include: Washington Area Transit Industry Representatives (APTA), U.S. Conference of Mayors, National League of Cities, National Association of Counties, The Bus Coalition, NGVAmerica and National Association of Housing and Redevelopment Officials. We can more effectively advance the City’s priorities by leveraging nationally based organizations representing public sector interests, particularly during policy/programmatic campaigns targeting Congress. Project Schedule Critical Path Method (CPM) is not applicable in this case as Congress operates in a less predictable manner and each project the City will pursue will take a different route to accomplish. Cost Proposal See attached sealed envelope. Current Contracts St Cloud Area Planning Organization (MN) City of Beverly Hills (CA) City of Burbank and Burbank Water and Power (CA) Orange County Board of Education (CA) City of Calimesa (CA) City of Chino (CA) El Dorado County Transportation Commission (CA) Fallon County (MT) Grand Rapids International Airport Authority (MI) Interagency Communications Interoperability (ICI) System JPA (CA) City of Imperial (CA) Page 369 of 424 18 Katadyn Inc. (CA) City of Lake Elsinore (CA) Metropolitan Airports Commission (MN) City of Montclair (CA) City of Redondo Beach (CA) City of Rialto (CA) Riverside Transit Agency (CA) City of Rosemead (CA) City of Santee (CA) San Bernardino International Airport Authority (CA) City of Saint Cloud (MN) Saint John’s University (MN) Stearns County (MN) City of Temecula (CA) West Valley Water District (CA) City of Willmar (MN) There are no conflicts of interest between any of our clients and the City of Beaumont. We know of no adverse actions being taken with Beaumont on behalf of any of our clients. In fact, our clients’ interests support and complement one another to create a formidable synergistic political force in Washington, D.C. Page 370 of 424 19 Insurance Below is our Certificate of Insurance. We carry all insurance required to do business in the District of Columbia, including General Liability, Automobile Liability, and Workers’ Compensation. We do not carry Errors and Omissions coverage. It is not applicable to our business. In instances when it has been requested in the past, the requirement has always been waived. Page 371 of 424 20 Appendix Item 1: Example of report to client TO: Riverside Transit Agency (RTA) Board of Directors FROM: Kevin Bosch DATE: September 20, 2022 RE: Transportation Update Federal Budget The House passed a “deeming” resolution setting the total amount available for discretionary spending on June 8. This number is also known as the top line number or 302(a) for the section of the 1974 budget law. The Senate has not set a top line number. The House Appropriations Committee has marked up all twelve of its bills. The House passed on July 19 on a six-bill package. It includes the Transportation-HUD, Agriculture, Energy-Water, Financial Services, Interior-Environment and Military Construction-VA bills. The Senate Appropriations Committee has not marked up (approved) any of its bills yet. Chairman Leahy (D-VT) had intended to begin marking up his bills by the end of July; however, his fall has sidelined him. Chairman Leahy has now decided to forgo markups, instead he released the draft Senate bills at the end of July. The Democrats and the Republicans in Senate have not been able to reach agreement on spending levels. It is now likely that there will be a Continuing Resolution (CR) that will fund the government until possibly December 16. However, there is growing concern amongst Republicans that if they win the mid-term elections in November, the Democrats will pass a budget in December, since the Republicans would not take over until January. Republicans have now been thinking about pushing for a CR that expires in January. They hope to win back both the House and Senate in the elections and then will have greater influence over the size and shape of a yearlong bill. The new fiscal year (FY 2023) starts on October 1. The House and Senate are also discussing what “riders” will be included in CR. These special funding and policy provisions include money for Ukraine, COVID-19, monkeypox, undocumented immigrant aid and streamlining of permits for energy projects. It is unclear at this time if congressionally directed funds (earmarks) will be included in any funding bills. Page 372 of 424 21 Discretionary Grant Awards David Turch and Associates was told by various congressional offices starting August 10 that RTA would be receiving awards from the Federal Transit Administration (FTA). We told RTA that it was likely that they would be receiving the grants. After the July RTA visit to DC where we discussed the grant proposals during our meetings, David Turch and Associates asked for additional support from the congressional offices before any FTA decisions. On August 16, the FTA made the awards official issuing a press release that included: $5,153,594 from the Low- No Emissions program for hydrogen fuel cell powered electric buses and provide training for drivers and mechanics; $1,594,364 from the Bus and Bus Facilities program to buy solar panels to install at bus facilities and train workers. A copy of the award was sent to RTA by David Turch and Associates. We also sent thanks notes to all the congressional offices that supported the grant request as well as the FTA official we met with in July. Alternative Fuel Tax Credit The tax credit for compressed natural gas (CNG) used by RTA has been extended through December 31, 2024. This provision was part of the Inflation Reduction Act signed into law on August 16 by President Joe Biden. However, the tax credit for hydrogen was only extended through December 31, 2022. David Turch and Associates confirmed this with the Excise Branch Chief of the Internal Revenue Service (IRS). We also talked with the Senate Finance Committee staffer who oversaw that section. He told us that the hydrogen tax credit was eliminated after the one- year extension to prevent “double dipping” on tax credits as they had included in the legislation a provision to allow for a production tax credit. David Turch and Associates also reached out to the American Public Transportation Association (APTA) and The Bus Coalition to let them know the status of the hydrogen tax credit as it may affect their members. Other Activities On August 30, we sent RTA a notice of a webinar from FTA and the Department of Energy on the transition to clean buses. On September 20, David Turch and Associates forwarded to RTA a notice of funding opportunity from DOT for the Strengthening Mobility and Revolutionizing Transportation (SMART) Grants Program. Page 373 of 424 22 Item 2: Example of report to client TO: Cindy Owens, Policy, and Management Analyst City of Beverly Hills FROM: Jamie Jones DATE: April 22, 2021 RE: H.R. 1280 – the George Floyd Justice in Policing Act of 2021 On March 3, 2021, the House of Representatives adopted H.R. 1280, the George Floyd Justice in Policing Act of 2021, by a party-line vote of 220-212. The George Floyd Justice in Policing Act would crack down on excessive police force, ban chokeholds, enforce national transparency standards, demilitarizes the police, and pushes accountability for officer misconduct with a national database to track offenses. In addition, the bill ends racial and religious profiling and eliminates no-knock warrants in drug cases. The legislation, moreover, lowers the criminal intent standard—from willful to knowing or reckless—to convict a law enforcement officer for misconduct in a federal prosecution; it limits qualified immunity as a defense to liability in a private civil action against a police officer or state correctional officer, and authorizes the Department of Justice to issue subpoenas in investigations of police departments for a pattern or practice of discrimination. The House bill, sponsored by the Congressional Black Caucus, garnered an array of endorsements from national advocacy groups including the NAACP, the AFL-CIO, and the American College of Physicians. The bill passed the House last year but then Senate Majority Leader Mitch McConnell refused to schedule the measure for floor consideration. In this Congress, the House-passed bill faces an uphill fight in the evenly divided Senate where legislation must secure 60 votes to pass. In light of the recent conviction of former Minneapolis Police Officer Derek Chauvin in the killing of George Floyd, congressional Democratic leaders plan to use the momentum of the trial to secure a Senate vote on the bill. Below please find a more detailed summary of the George Floyd Justice in Policing Act of 2021: • Prohibits federal, state, and local law enforcement from racial, religious, and discriminatory profiling, and mandates training on racial, religious, and discriminatory profiling for all law enforcement. • Bans chokeholds, carotid holds and no-knock warrants at the federal level and limits the transfer of military-grade equipment to state and local law enforcement. • Mandates the use of dashboard cameras and body cameras for federal offices and requires state and local law enforcement to use existing federal funds to ensure the use of police body cameras. Page 374 of 424 23 • Establishes a National Police Misconduct Registry to prevent problematic officers who are fired or leave on agency from moving to another jurisdiction without any accountability. • Amends federal criminal statute from “willfulness” to a “recklessness” standard to successfully identify and prosecute police misconduct. • Reforms qualified immunity so that individuals are not barred from recovering damages when police violate their constitutional rights. • Establishes public safety innovation grants for community-based organizations to create local commissions and task forces to help communities to re-imagine and develop concrete, just and equitable public safety approaches. • Creates law enforcement development and training programs to develop best practices and requires the creation of law enforcement accreditation standard recommendations based on President Obama’s Taskforce on 21st Century policing. • Requires state and local law enforcement agencies to report use of force data, disaggregated by race, sex, disability, religion, age. • Improves the use of pattern and practice investigations at the federal level by granting the Department of Justice Civil Rights Division subpoena power and creates a grant program for state attorneys general to develop authority to conduct independent investigations into problematic police departments. • Establishes a Department of Justice task force to coordinate the investigation, prosecution and enforcement efforts of federal, state and local governments in cases related to law enforcement misconduct. Item 3: DRAFT LETTER OF SUPPORT FOR GUN CONTROL LEGISLATION June 13, 2022 The Honorable Dianne Feinstein 331 Hart Senate Office Building Washington, DC 20510 RE: Support Gun Control Legislation Dear Senator Feinstein: On behalf of the City of Burbank, I write to express the City Council’s support for H.R. 7910, the Protecting Our Kids Act, and the Senate bipartisan agreement to protect our communities from the ongoing scourge of gun violence. In the recent wake of mass shootings in Buffalo, New York, Uvalde, Texas and Tulsa, Oklahoma, Congress must take immediate action to stop the spread of these senseless acts of carnage that permeate every facet of American life. Page 375 of 424 24 Tragically, no corner of American society is immune from mass shootings– not our schools, places of worship, supermarkets, workplaces, hospitals and entertainment venues. Our nation is awash in guns and gun violence. The time for congressional action is long past due. Every member of Congress has a moral imperative to enact legislative solutions to help protect our children from harms way. If our children are not safe in schools, then they are not safe anywhere. Burbank supports the enactment of the Protecting Our Kids Act and urges your support of this legislation. As passed by the House on June 8th, H.R. 7910 would: • Raise the lawful age to purchase a semiautomatic centerfire rifle from 18 to 21 years old; • Establish a new federal offense for the import, sale, manufacture, transfer, or possession of a large capacity magazines, with exceptions for certain law enforcement uses and the possession (but not sale) of grandfathered magazines; • Establish new federal offenses for gun trafficking and straw purchasers and authorize seizure of the property and proceeds of the offense; • Establish voluntary best practices for safe firearm storage; award grants for Safe Firearm Storage Assistance Programs; provide a tax incentive to dealers for 10% of amounts received from the sale of safe storage devices; • Establish requirements to regulate the storage of firearms on residential premises; create criminal penalties for violation of the requirements; • Build on ATF’s regulatory bump stock ban by listing bump stocks under the National Firearms Act (like machineguns) and statutorily banning the manufacture, sale, or possession of bump stocks for civilian use; and • Build on ATF’s regulatory ban of ghost guns by ensuring that ghost guns are subject to existing federal firearm regulation by amending the definition of “firearm” to include gun kits and partial receivers and changing the definition of “manufacturing firearms” to include assembling firearms using 3D printing. These legislative provisions are reasonable measures to implement and, if adopted by Congress, may help prevent mass shootings. However, with the understanding that the Senate is unlikely to pass, let alone consider, H.R. 7910, the Burbank City Council also urges you to support a Senate bipartisan agreement spearheaded by Democratic Senator Christopher Murray from Connecticut and Republican Senator John Cornyn of Texas. The general contours of the agreement focus on funding and strengthening school safety and mental health programs, enhanced background check requirements for gun buyers aged 18 to 21, and a provision encouraging states to adopt red flag laws. While this bipartisan agreement is a far cry from enacting H.R. 7910, it nevertheless represents a positive congressional step in addressing some facets of gun violence in our society. Thank you for your leadership on gun control legislation in Congress. Page 376 of 424 Page 377 of 424 EXHIBIT “B” CERTIFICATES OF INSURANCE AND ENDORSEMENTS (insert behind this page) Page 378 of 424 Staff Report TO: City Council FROM: Jennifer Ustation, Finance Director DATE February 21, 2023 SUBJECT: FY2022-2023 Mid-Year CIP Budget Amendment Description Review and approve the FY2022-2023 mid-year budget amendment. Background and Analysis: The Capital Improvement Plan (CIP) outlines a schedule of public service expenditures. The CIP does not address all of the capital expenditures for the City, but provides for large, physical improvements which are permanent, including the basic facilities, services and installations needed for the functioning of the community. The CIP also includes major contractual agreements that can stem over multiple years or use funds that have been provided through development. The adoption of the CIP commits the City Council to spend money on projects listed in the current fiscal year only. On February 7, 2023, the City Council received a draft list of Capital Improvement Plan (CIP) updates that were recommended for adjustment and the approval of those adjustments will be heard for approval at a public hearing prior to this item. Most of the recommended adjustments include closing projects or reallocating funds that have already been appropriated by the City Council. However, any items tha t are funding corrections, additions to funding, or new funded projects require an appropriation within the current budget. The following projects are requiring appropriation if approved at the public hearing. Project Descriptioon Reommended Budget Adjustment Reason Funds 2016-003 Potrero Interchange Ph I&II 1,750,000 Add Pass Zone TIP Funding 215, 500 P-13 Three Rings Ranch Park Improvements 14,791 Add additional grant funds 215, 500 P-16 Shadow Creek Park Playground Rehab (250,000) Reduce grant funding 215, 500 P-16 Shadow Creek Park Playground Rehab 200,000 Increase CFD funding 255, 500 CD-05 Climate Action Plan 350,000 New proposed project 100, 500 PS-08 PD Restroom Modular 150,000 New proposed project 510, 500 ISFB-11 VFW Re-Roof 175,000 New proposed project 600 Page 379 of 424 Fiscal Impact: The fiscal impact from the budget amendments will increase Grant Fund 215 revenues by $1,514,791, increase Grant Fund 215 expenditures by $1,514,791, increase the Capital Project Fund 500 revenue by $2,200,000, increase the Capital Project expenditures 500 by $2,200,000, increase CFD Fund 510 expenditures by $150,000, and increase Internal Service Fund expenditures by $175,000. Recommended Action: Review and approve FY2022-2023 Mid-Year CIP Budget Amendments. Attachments: A. FY2022-2023 Mid-Year Budget Amendment Page 380 of 424 DATE:2/21/2023 DEPARTMENT NAME:CIP PREPARED BY:Jennifer Ustation APPROVED BY Revenue = + Expense = - Revenue = + Expense = - Debit (Credit) ACCOUNT NUMBER ACCOUNT DESCRIPTION CURRENT BUDGET ADJUSTED BUDGET NEW BUDGET AMT Explanations / Justification 215-0000-4352-0000 Grant-Other (312,000.00) (1,750,000.00) (2,062,000.00) Add Pass Zone TIP Funding 215-0000-9960-0000 Transfer-Out 530,000.00 1,750,000.00 2,280,000.00 Transfer TIP Funding to Project Fund 2016-003T1 500-0000-9950-0000 Transfer-In - (1,750,000.00) (1,750,000.00) Transfer-In TIP Funding 2016-003B 500- 0000-8030-0000 Protrero Project PH2 24,924,764.00 1,750,000.00 26,674,764.00 Project Expense P-13-G Prop 68 Grant (177,952.00) (14,791.00) (192,743.00) Additional Grant Dollars P-13-A 215-0000-7036-0000 Project Costs 177,952.00 14,791.00 192,743.00 Additional Project Costs 215-0000-4352-0000 Grant-Other (312,000.00) 250,000.00 (62,000.00) Correct Grant Fundiing 215-0000-9960-0000 Transfer-Out 530,000.00 (250,000.00) 280,000.00 Correct transfer Out P-16-G 500- 0000-9950-0000 Grant Funding - Transfer-In (250,000.00) 250,000.00 - Correct Grant Fundiing P-16-T 500-0000-9950-0000 CFD Funding (250,000.00) (200,000.00) (450,000.00) Additioonal CFD Funding P-16-A 500-0000-8030-0000 Proect Costs 500,000.00 (50,000.00) 450,000.00 Correct Project Costs City of Beaumont Budget Adjustment Form FY 2019/2020 https://beaumontca.sharepoint.com/sites/financegroup2/Shared Documents/Budgets/FY2022-2023/Budget Adjustments 2022-2023/Budget Adjustment Form MdYear CIP: Budget Adjustment Form Page 381 of 424 ACCOUNT NUMBER ACCOUNT DESCRIPTION CURRENT BUDGET ADJUSTED BUDGET NEW BUDGET AMT Explanations / Justification 100-0000-9960-0000 Transfer-Out 32,200,213.00 350,000.00 32,550,213.00 GF Fund Balance to Climate Action Plan CD-05-T 500- 0000-9950-0000 Transfer-In Project Revenue - (350,000.00) (350,000.00) Funding for Project CD-05-A 500- 0000-7068-0000 Project Costs - 350,000.00 350,000.00 Climate Action Plan Costs 510-0000-9960-0000 Trnsfer-Out 1,300,000.00 150,000.00 1,450,000.00 CFD Funding for Project PS-08-T 500- 0000-9950-0000 Transfer-In Project Revenue - (150,000.00) (150,000.00) Funding for Project PS-08-A 500- 0000-8030-0000 Project Costs - 150,000.00 150,000.00 PD Restroom Modular ISFB-11-A 600- 5000-7072-0000 Project Costs - 175,000.00 175,000.00 VFW Roof Costs - - TOTALS 58,860,977.00$ 675,000.00$ 59,535,977.00$ Net Effect https://beaumontca.sharepoint.com/sites/financegroup2/Shared Documents/Budgets/FY2022-2023/Budget Adjustments 2022-2023/Budget Adjustment Form MdYear CIP: Budget Adjustment Form Page 382 of 424 Staff Report TO: City Council FROM: Kari Mendoza, Administrative Services Director DATE February 21, 2023 SUBJECT: Approve a Purchase Order in an amount not to exceed $1,495,343.59 to Creative Bus Sales for the Procurement of Two CNG Type H El Dorado National EZ Rider II Buses – Capital Improvement Project (CIP) No. T-15 Description: Transit CIP Project No. T-15 Background and Analysis: Beaumont Transit, through a purchasing cooperative with Morongo Basin Transit Authority (MBTA) and California Association of Coordinated Transportation (CalAct), received a quote from Creative Bus Sales for the purchase of two new CNG Type H El Dorado National EZ Rider II buses. Section 3.01.110 of the Beaumont Municipal Code allows the City to take advantage of competitive bidding already completed, more commonly known as piggybacking. The Federal Transit Administration (FTA) also requires agencies to use a competitive bidding process for the purchase of a single bus or purchase from a competitively bid cooperative purchasing program, such as CalAct/MBTA. The purchasing program provides the cost benefit of bulk pricing compared to one -unit orders. The Type H El Dorado National EZ Rider II buses have a capacity of 25 ambulatory passengers + 2 wheelchair positions or 33 ambulatory passengers. Fiscal Impact: The procurement of the two EZ Rider II buses has no fiscal impact on the General Fund. The two vehicles are fully funded by Riverside County Transportation Commission Project 23-01 and are included in the approved Fiscal Year 2022-2023 Short Range Transit Plan. CIP Project No. T-15 Project Components Budget Amount Paid to Date Remaining Equipment $1,700,000.00  $0.00 $1,700,000.00 Page 383 of 424 Project Summary $1,700,000.00 $0.00 $1,700,000.00 Recommended Action: Approve the procurement of two CNG Type H El Dorado National EZ Rider II buses from Creative Buse Sales and Authorize City Staff to issue a Purchase Order in an amount not to exceed $1,495,343.59 allocated to CIP Project No. T-15, GL 760-0000- 1625-0000. Attachments: A. Creative Bus Sales Quote Page 384 of 424 Contact Us 888.633.8380 CreativeBusSales.com Creative Bus Sales offers dedicated sales, parts, and service departments to help you in all stages of bus ownership. Our customers benefit from our strong manufacturer partnerships, the largest in-stock inventory, and a nationwide team of experts. As a family-owned business with experience in the transportation industry since 1980, it’s no coincidence that we’ve grown to become the nation’s largest bus dealership. Sales Experience Nationwide Network 550+ Years of Collective Bus Sales Experience Servicing Over 1,500 Customers Annually 18 Full-Service Locations Nationwide Partners with 25+ Top Manufacturers Competitive Pricing In-House Financing Volume Discounts Fixed Contract Pricing Seamless Transactions Flexible Structures 40 18 350+ 1,500 Years In Business Nationwide Locations Dedicated Employees Annual Customers ENC EZ-RIDER II CNG (CALACT CLASS H) Ci t y of Beaumont Page 385 of 424 Vehicle Type:Quote Date Contact:Type of Ramp: Agency:Ramp Location: Address:Seat Insert: City, State, Zip:Seat Insert Color: Phone:Seat Frame Color: Fax:Delivery Date: E‐Mail:Salesperson: Quantity:Price Ext. Price ADA 1 $515,808.00 $515,808.00 $30,000.00 . 1 $1,002.96 $1,002.96 $1,002.96 1 $2,626.80 $2,626.80 1 $1,791.00 $1,791.00 $1,791.00 1 $2,567.10 $2,567.10 1 $0.00 $0.00 1 $298.50 $298.50 1 $895.50 $895.50 1 $2,149.20 $2,149.20 $2,149.20 2 $8,596.80 $17,193.60 $17,193.60 1 $238.80 $238.80 1 $238.80 $238.80 5 $1,791.00 $8,955.00 1 $0.00 $0.00 1 $5,731.20 $5,731.20 1 $2,388.00 $2,388.00 1 $17,910.00 $17,910.00 1 $0.00 $0.00 . 1 $31,641.00 $31,641.00 1 $429.84 $429.84 1 $850.13 $850.13 1 $0.00 $0.00 1 $179.10 $179.10 1 $2,985.00 $2,985.00 1 $9,552.00 $9,552.00 1 $2,328.30 $2,328.30 1 $614.91 $614.91 16" Flat mirror for driver to view passengers (Included)$0.00 $0.00 1 $6,250.00 $6,250.00 1 $11,701.20 $11,701.20 Pretoria Transit Suburban Overhead Parcel Racks LED Lighting ‐ Overhead Parcel Racks Ferry Riser Farebox ‐ Diamond (Quote) (XV with 2 vaults) Electronic Signs ‐ Twin Vision Smart Series 3 ‐ (Full Size) (Front/Side) ADA ‐ Additional Mobility Aid Position (For total of 3 w/c positions) Sportworks Bike Rack ‐ (2‐Position)  (Stainless Steel) Fogmaker fire suppression and methane detection (Std) Seating ‐ Drivers Seat Alarm ‐ (Parking Brake) Wheels ‐ Aluminum     (ALCOA) Arrowguard driver barrier with full glass Zonar system installed Graphics Package with install (UPDOG Graphics) Prewire for customer radio installation A/C Booster Fan in Driver Duct ‐ (Brushless Motor) Radio ‐ Additional Speakers (2) Total of 6 speakers Solid Pane Windows ‐ (Each)  LAMINATED SOLID GLASS 7/32" CalACT RFP #18‐01 ‐ Class H ‐ Quote Sheet  Class H ‐ ENC (EZ Rider II‐Max)1/25/2023 Beaumont, CA 92223 Radio ‐ AM/FM/CD/MP3 w/Antenna and 4 Speakers Ramp ‐ Lift U City of Beaumont Elisa Mendoza/Daniel Caratachea Mike Farr 550 E. 6th st 10‐12 months from date of order emendoza@beaumontca.gov (951)2145294 Description (6)Tank CNG System ‐ (Dual Pods) w/Blended Cap    (EXTENDED RANGE) Seating ‐ Drivers Seat Alarm ‐ (Seatbelt)   (ORANGE) Wheel ‐ Aluminum Wheel Only (Spare w/No Tire) UPGRADE, SPARE STD Non‐Published Options Exterior key for entry door access Driver Fan Mobileview 9 camera system installed  (INSTALLED AT FACTORY) Floor Mounted Directional Signals Retractor ‐ Q'Straint Q‐Pod System Seating ‐ Folding Seat: 34" ‐ 36" ‐ (Double FW Foldaway) EZ Rider II ‐ (CNG) ‐ 32' Published Options Braun Ricon Front Center Vinyl Cloth Class H - EZ Rider II-Max 1 OF 2 8/16/2022Page 386 of 424 1 Monitor added above driver for camera system  (INSTALLED AT FACTORY)$2,065.62 $2,065.62 1USB Ports for passengers $1,970.10 $1,970.10 1Cleanspray self decon system (Installed at Factory)$6,500.00 $6,500.00 1Diagnostic Software Thermoking, Allison, NEXIQ (IF NEEDED)$3,880.50 $3,880.50 1 $9,522.15 $9,522.15 1 $4,334.22 $4,334.22 1 $5,904.33 $5,904.33 . .Class H ‐ Base Price $515,808.00 .Published Options $73,986.46 .Non‐Published Options $100,708.40 .Total $690,502.86 $52,136.76 .Doc Prep Fee $85.00 .The Non‐Taxable Amount is the ADA Equipment in the Base and Added as Options Non‐Taxable $52,136.76 .Taxable Amount $638,451.10 .112 Tax Total $49,479.96 7.750% .Sub‐Total $740,067.82 .CalACT Fee $6,905.03 .DMV E‐File Fee: $30.00 .DMV Fee $0.00 (Estimated) .Tire Fee $12.25 .0 Delivery Zone $656.70 .Total $747,671.80 .Number of Units 2 .Final Total $1,495,343.59 Extended warranty (5 years total)‐Allison transmission Extended warranty (5 years total)‐ Thermo king A/C system Extended warranty (5 years total)‐ Cummins Engine Class H - EZ Rider II-Max 2 OF 2 8/16/2022 Page 387 of 424 Staff Report TO: City Council FROM: Doug Story, Community Services Director DATE February 21, 2023 SUBJECT: Approve Public Works Agreement and a Purchase Order for Jaynes Brothers Construction for the Demolition and Installation of a New Playground at Three Rings Ranch Park – Capital Improvement Project (CIP) No. P-13 in an Amount Not to Exceed $43,746.40 Description Purchase order for playground demolition and installation and authorization to execute Public Works Agreement for CIP No. P-13. Background and Analysis: The State of California Parks and Water Bond Act of 2018, commonly referred to as Proposition 68 (Prop 68), was approved by voters on June 5, 2018. Prop 68 allocates funds to local governments on a per capita basis for local park rehabilitation, creation, and improvements. Recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors (PRC §80061(b)). On January 21, 2021, City Council approved a resolution to submit an application for the grant funding. The City of Beaumont’s total combined allocation was $192,743 for capital outlay for recreational purposes, either acquisition or development. The funding can only be used to supplement and not replace existing funding (PRC §80062(d)). In Spring 2022, a Landscape Structures playground with swings, climbers and spinners was selected with community participation. Landscape Structures is a playground manufacturer and the exclusive distributor within Southern California is Coast Recreation, Inc. The total cost of the playground is $140,074. The playground system has been delivered and is ready to be installed. The remaining grant funds in the amount of $52,669 is available for the demolition of the current playground and installation of the new equipment. The scope of work will include security fencing for the duration of project, demo and disposal of existing equipment and installation of new playground equipment. In accordance with Beaumont Municipal Code Chapter 3.01.030 B, which allows public projects with cost estimates of more Page 388 of 424 than $25,000, but less than, or equal to $45,000 may be awarded by the City Co uncil, upon recommendation of the City Manager by any alternative procedure as defined in Beaumont Municipal Code Chapter 3.01.010, which allows for purchasing supplies, services or equipment by negotiated contract, purchase order or any other procedure outlined in the City's purchasing and bidding policies and procedures manual approved by the City Manager and consistent with this chapter. A type of alternative procedure may include a "simplified pricing procedure" wherein the Authorized Contracting Party, or his or her designee, obtains oral price quotes from one or more potential contractors or suppliers, and accepts the quote which is determined to be in the best interests of the City. Several playground installation contractors were contacted and staff obtained three quotes for the project: Jaynes Brothers Construction – $43,746.40 Play Foundations Inc. – $56,173 Tot Lot Pros - $58,448 Staff anticipates the installation of the playground to take place the week of February 27, 2023. The estimated installation process will take one week. Fiscal Impact: The total cost of the playground demolition and installation is paid for by the Prop.68 Grant. The City of Beaumont received two grant awards from The State of California Parks and Water Bond Act of 2018 (Prop. 68) for $177,743 and $14,791 for a grand total of $192,743. The purchase of the previously approved playground and the cost of install will be reimbursed though the grant. Page 389 of 424 P-13 Three Rings Ranch Park Improvements Project Accounting Summary Funding Summary Funding Year Funding Source Amount 21/22 Grant - Prop 68 $177,952 . Additional Grant Funds Prop 68 $14,791 Total Project Funding = $192,743 Budget Summary Project Component Budget Encumbered Paid to Date Remaining Budget Project Management $0 $0 $0 $0 Preliminary Services $0 $0 $0 $0 Environmental $0 $0 $0 $0 Design $0 $0 $0 $0 Construction $51,743 $0 $0 $51,743 Construction Management $0 $0 $0 $0 Permits $0 $0 $0 $0 Equipment $141,000 ($140,074) ($140,074) $926 Project Summary Totals $192,743 ($140,074) ($140,074) $52,669 Recommended Action: Approve the Purchase Order for Jaynes Brothers Construction in the amount of $43,746.40, and Authorize the mayor to execute the Public Works Agreement for playground installation services for CIP No. P-13. Attachments: A. Concept Design of Playground B. Demolition and Installation Quotes C. Public Works Agreement Page 390 of 424 Page 391 of 424 Jaynes Brothers Construction, inc Phone: (805) 375-1111 JAYNES brothers construction PROPOSAL 010423CJA 996 Lawrence Drive, Suite 201 DIR # 1000019441 Newbury Park, CA 91320 LIC. # 896407 P: (805) 375-1111 (A, B, C-8, D-12, D-34) E: Chase@Jaynesbrothers.com City of Beaumont Parks and Recreation Three Rings Ranch Ashley Starr 530 Brookside Lane (951) 769-8524 ext. 328 astarr@beaumontca.gov 01/04/23 Move wood chips out of way and put back in place after new playground is installed $6,031.20 Demo and dispose of existing playground equipment Installation of Landscape Structures Playground drawing #1157782-02-02 Price to include disposing of dirt spoils $34,928.48 Provide security fencing for the duration of the project (excludes privacy screen)$2,786.73 $43,746.40 Price includes (1) Unloading, at site If site safety storage container required, additional cost $1,200.00 site safety storage container monthly cost, after first month (if project delayed outside of JBC control)$200.00 To:Job Name: Attn:Job Location: Phone: Email:Date: Total Price: We hereby Submit estimates for the following: THIS PROJECT IS A PREVAILING WAGE RATE PROJECT. 50% Material deposit, Remainder due upon completion Chase Jaynes Payable as follows: Retention not to be held for more than 30 days. Price is guaranteed for 60 days Respectfully submitted by: ACCEPTANCE: The prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. By signing below, both parties agree to entering a legally binding contract which includes the attached terms and coniditions. Signature: __________________________________________ Date: ________________________ Page 392 of 424 Jaynes Brothers Construction, inc Phone: (805) 375-1111 Terms and Conditions 1) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner, according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements must be made in writing. All agreements are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurances. Our workers are fully covered by Workman’s Compensation Insurance. Jaynes Brothers also carries General Liability Insurance, which is assumed acceptable by signing the acceptance below. Situations that may require our company to return at a later date to finish work that is not a delay by Jaynes Brothers will result in extra charges. 2) This proposal DOES NOT provide for the following service items, unless otherwise stated: receipt, inventory, loading, unloading, storage, security of equipment, security fencing, third-party inspections, all permitting costs, no access to water. Price assumes access to water. 3) This proposal assumes a standard work week only, Monday through Friday, 7:00AM through 5:00PM. No weekends or holidays, unless otherwise agreed upon. 4) DEMOLITION: Unless other arrangements are made prior to the start of demolition, all demolition shall be disposed of by Jaynes Brothers in a manner selected by Jaynes Brothers. For demo purposes, unless otherwise noted in the contract, all slab thicknesses are assumed to be 4" or less with no reinforcement. If thickness of slabs turns out to be greater than 4" or have reinforcement in it, its demo, hauling and disposal shall increase at the rate of our actual cost plus 15% and customer agrees to pay the additional cost. All poured in place rubberized surfacing thickness are assumed to be 3.5" or less. If Poured in Place thickness turns out to be greater than 3.5%, its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 15% and customer agrees to pay the additional cost. All changes in the scope of work shall be handled with a change order, promptly executed by both Parties so that no delays are experienced. 5) STORAGE: Jaynes Brothers is capable of storing limited amounts of playground equipment at their warehouse. Any equipment stored at the warehouse will be allowed to remain for 30 days with no additional added storage fees. Any equipment required to remain in Jaynes Brothers warehouse beyond the 30 day period will require an additional charge of minimum of $100 per 30 days. 6) This proposal does not provide for the following site sub-grade issues: material not suitable for footings, material requiring demolition, or contaminates that may require remediation, or in-place mechanical systems, including, but not limited to: irrigation, water, electric, sewer, or gas. 7) Jaynes Brothers does not assume liability of incomplete delivery and requires payment upon completion of equipment present. 8) Not responsible for hardscape or landscape damages due to installation or deliveries. 9) UNFORESEEN CONDITIONS: Unforeseen conditions include, but are not limited to, having to deal with, modify or repair underground utilities (water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc.) found during excavation. Unforeseen Conditions shall also include having to excavate or remove boulders, rocks, rocky soil, etc. that cannot be cored through with a standard Bobcat, augur or excavated with a shovel and requires the use of a jack hammer or other means. Other examples of Unforeseen Conditions include unexpected items found during excavation that were not obvious or not disclosed by Customer, such as existing footings, curbing, border, pavement, tree roots, etc. found during the excavation for new footings, unless removal of these items was clearly noted in the Scope of Work. Finally, Unforeseen Conditions shall include any factors and/or conditions that adversely affect the cost of the project which were not disclosed by Customer in writing prior to the signing of this Contract. Cost of dealing with unforeseen conditions shall become extra and shall be added to the Contract sum at the rate of Jaynes Brothers Construction’s cost plus 20%. Customer shall indemnify Jaynes Brothers Construction from any liability associated with damage to underground utilities due to Unforeseen Conditions. 10) Service charge to install any merchandise not present at time of completion is at the rate of $500 minimum. This proposal does not include any bonding, permitting fees, third party inspection fees, or any other related fees not hereto specified. 11) Installation foreman will act as on-site representative, but is not able to bind the company to any agreements, including verbal. All decisions are to be made by authorized office personnel only. Initial:_________ Page 393 of 424 Date: January 9, 2023 Client: Attention: City Of Beaumont Parks & Recreation Ashley Starr Project: Project Address: Three Rings Ranch Park 1040 Calumet Ave, Beaumont, CA 92223 Bid Plans: Addenda: 1157782-02-01 Dated 9/27/21 None Bid Specifications: Soils Report: None None Price includes all labor, material, taxes necessary to complete the proposed work. If accepted proposed work must be commenced within 60 days of acceptance. Proposed Work: AMOUNT Mobilization $2,500 Furnish & Install 6' Temp Construction Fencing to Remain in Place for the Duration of Construction (Qty. 300 LF) $2,520 Move Existing Wood Chips Out of the Way & Reinstall After New Playground is Installed. Geotex Fabric to Remain in Place $4,048 Remove & Dispose of Existing Playground Equipment $7,017 Receive, Unload & Install Landscape Structures' Playground Per Drawing No. 1157782-02-02 $40,087 * Includes Disposal of Dirt & Spoils * EWF Top Off by Others PROPOSAL TOTAL:$56,173 Client: Project: City Of Beaumont Parks & Recreation Three Rings Ranch Park Flatwork or Unmarked Underground Utilities Due to Installation or Removal Process. Signature:__________________________________________________________ Title: ______________________________________________________________ Date:______________________________________________________________ This quote is predicated on all work being performed, concurrently, with one move-on. This proposal is valid. for 60 days. All pages of proposal are to be incorporated into any binding agreement or contract. SCOPE ITEM Exclusions (Unless Noted Above): Permits, Bonds, Fees, PSA, PLA, Skilled & Trained Workforce, Engineering, Damage to Landscape, Sprinklers, Soils Report, Furnishing of Equipment. *All work to be completed according to standard practices. Any alterations or deviations from the proposed specifications involving extra costs will be execute only upon written orders, and will become an extra charge over and above the original estimate. All agreements contingent upon strikes, accidents or delays beyond our control. **In the event that either party becomes involved in litigation, arbitration or any other alternative dispute resolution arising out of relating to this contract, or the performance of it, the court or tribunal in such arbitration shall award reasonable fees and costs incurred to the prevailing party including attorney fees, expert witness fees, court costs arising out of or relating to resolution of the dispute. I HAVE READ, DISCUSSED AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE THERETO; SIGNED PERSONALLY AND FOR THE CUSTOMER. "A SIGNED PROPOSAL OR CONTRACT IS NEEDED PRIOR TO COMMENCEMENT OF WORK." Lic. #864076 1330 N. Melrose Rd. Suite F Vista, CA 92083 (760) 295-8645 info@playfoundations.com 1 Page 394 of 424 $56,173 Client: Project: City Of Beaumont Parks & Recreation Three Rings Ranch Park Yes No Description Yes No Description X Bonds X Patching and grouting X Permits X Hazardous materials X Prevailing Wage & Certified Payroll X Site clearing and grubbing X Inspections X Spoils removal X Soil and material testing X Dewatering X Imaging X Salvage of any kind X Surface penetrating radar, line locator, and imaging X Removal and disposal of unsuitable materials X Sanitation Facilities X Drying or aeration of wet soils due to rain X Construction fencing X Soil Stabilization or lime treatment X Barricades, traffic control, pedestrian control, and flagmen X Backfill and compaction X SWPPP/WPCP plans X Excavation and trenching X SWPPP/WPCP Implementation X Pressure wash and wash down X Dig alert marking and notifications X Concrete pumps (All concrete assumed to be tailgate accessible) X Survey and monument preservation X Potholing or exposure of underground utilities X Liquidated damages X Concrete and asphalt resurfacing X Standby time X Concrete clean-out X Layout X Painting X Water meter and construction water X Irrigation work including repairs X Limited access conditions X Landscape work including repairs X Clean up & trash removal from our work X Footings for Shade Structures X Removal and handling of buried obstructions X Providing Play Equipment (as noted) X Removal and handling of contaminated/stained soils X Offloading of equipment X Disconnection/relocation of utilities X Unforeseen site conditions X Temporary utilities of any kind X Engineering X Saw cuts, wall sawing and corning X Dowels holes, epoxy and dowels X Demolition work X Selective demolition X Sub-base of any kind X Rock conditions (see below) X Grading X ADA compliance/accessibility Notes: Please Initial 6. This proposal is predicated on all work being performed currently with one (1) move-on. If additional move-on's are required, each move-on will be an extra charge of $1,500 each. PROPOSAL TOTAL: 1. Play Foundations, Inc. maintains comprehensive insurance coverage. This coverage is available upon written request. Any insurance coverage requested for specific projects above PFI current limits, specific endorsements, or waiver 2. PFI assumes existing site conditions will not contain rock 6-8" and larger, or bedrock resulting in rock conditions. Therefore, PFI does not include encountering and working in any rock conditions. 3. Work is inclusive to the proposal provided by PLAY FOUNDATIONS, INC. 4. All work not specifically mentioned is excluded. 5. For items checked YES, please refer to the work included section for complete description. Lic. #864076 1330 N. Melrose Rd. Suite F Vista, CA 92083 (760) 295-8645 info@playfoundations.com 2 Page 395 of 424 Estimate Date 1/4/2023 Estimate # 5721 Customer City of Beaumont 1310 Oak Valley Pkwy Beaumont, CA 92223 605 Brookside Ln Beaumont, CA 92223 14688 El Molino St. Fontana, CA 92335 Terms:Net 30 Estimate Prepared By:TH Project Three Rings Ranch ***Pricing Based on Prevailing Wages*** Signature__________________________ Phone:(909) 350-9500 Fax:909-350-9502 www.totlotpros.com Total CA Contractor Lic #967975 DIR #1000002374 Print___________________________ Please see the Tot Lot Pros Terms of Service. By contracting our services, you agree to the Tot Lot Pros Terms of Service unless otherwise noted in a separate contract. Date________ DescriptionQty Total Provide security fencing for the duration of the project 1,848.00 Move wood chips out of way and put back in place after new playground is installed 5,900.00 Demo and dispose of existing playground equipment 7,150.00 Installation of Landscape Structures Playground drawing #1157782-02-02 ***Price includes disposing of dirt spoils*** 43,550.00 $58,448.00 Page 396 of 424                                                      CA License #967975    14688 El Molino St., Fontana, CA 92335 · Office: (909) 350‐9500 · Fax: (909) 350‐9502  www.totlotpros.com  Rev. 10.8.18  Tot Lot Pros Terms of Service  Below are the Terms of Service for all services that Tot Lot Pros offers to perform. Please refer to your estimate for types of  service being performed. By contracting our services, you agree to our terms below unless otherwise noted in a separate  contract.    General Terms of Service:   Tot Lot Pros assumes existing soil conditions will not contain rock 5” and larger or bedrock resulting in “rock like”  conditions.  If “rock like” conditions are encountered, additional charges may occur.   Any/all permits and /or fees required by any governmental agency having jurisdiction are the responsibility of others  unless otherwise stated.   Installation methods are based on the manufacture’s recommendations.   Work to be performed during normal working hours (Monday – Friday / 6AM to 5PM).   Tot Lot Pros maintains comprehensive insurance coverage and is available upon written request. Projects requiring  specific coverage beyond Tot Lot Pro’s coverage are not included in estimate unless otherwise stated.   Additional charges for downtime/stand‐by may be assessed in the event that installation is delayed due to site not  being ready as scheduled or if the installation is interrupted for reasons other than those related to weather or  general public emergencies.   All quotes are valid for 30 days from the date on the estimate.   Payments are due 30 days from the invoice date unless otherwise specified in a separate contract. Accounts not paid  within 30 days of the date of the invoice are subject to a 1% monthly finance charge.   Estimates that specify a deposit required for the purchase of equipment, will not be ordered until payment has been  received.   Quote is based on one (1) mobilization.  Additional mobilizations may incur additional charges.    Playground, Equipment and Shade Terms of Service:   It is assumed that there is reasonable access for tools, equipment and materials.   Unless noted different on the estimate, all spoils will be dumped and spread on‐site at reasonable location.   ASTM and CPSC guidelines will be followed. Request for services that do not comply with those guidelines will result  in Tot Lot Pros right to refuse installation of the equipment.   Security during the install and upon completion is the responsibility of others, unless specified otherwise.   Certified Safety Playground Inspector Audit (third party) is the responsibility of others unless otherwise specified.   Acceptance/unloading and storage of equipment is the responsibility of the others unless otherwise specified in the  estimate.    Surface Terms of Service:   Job site access must be at a maximum of 25’ for trucks and mixer, with no stairs. Irrigation, sprinkler and/or water  systems must be shut off 24 hours before installation and remain off for 48 hours after installation is completed.   Any changes in colors, square footage, or thickness of the surfacing, will result in changes to the price.   All colors of rubber surfacing will amber to a certain extent, some more than others, unless aliphatic binder is used.   Post installation HIC (Head Impact Criteria) test not included.   Purchaser shall be responsible for security, as needed, to prevent vandalism and/or damage of any type to the surface  during the installation process, curing time, and after the installation is completed.   Any excess material at the job site upon completion is the property of Tot Lot Pros, Inc.    Initial:  Page 397 of 424 Page 1 of 13 Public Works Agreement CITY OF BEAUMONT PUBLIC WORKS AGREEMENT This PUBLIC WORKS AGREEMENT (“Agreement”) is made and effective February 21, 2023 by and between the City of Beaumont, a municipal corporation (“CITY”), and Jaynes Brothers Construction (“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 Playground install for Three Rings Ranch Park (hereinafter “Project”). CONTRACTOR’s Bid in response to the Invitation, 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. In the event that any terms of the Bid are different from the Invitation for Bids, the Invitation for Bids shall control. Any additional terms in the Bid that purport to bind the City to any additional terms not contained in this Agreement and related attachments shall not be binding on the City. 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 “B” 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. III. THE CONTRACT SUM Page 398 of 424 Page 2 of 13 Public Works Agreement 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 lump sum of $ $43,746.40 (“Contract Sum”). Except for change orders approved by City as provided in this Agreement, Contractor shall complete the Project for an amount not to exceed the Contract Sum. 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. Page 399 of 424 Page 3 of 13 Public Works Agreement CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, 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 400 of 424 Page 4 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. Attached hereto as Exhibit “C” are copies of Certificates of Insurance and the waiver of subrogation endorsement as required by Section 6.B.1. 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: Page 401 of 424 Page 5 of 13 Public Works Agreement 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 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. Page 402 of 424 Page 6 of 13 Public Works Agreement 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. 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, Page 403 of 424 Page 7 of 13 Public Works Agreement 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 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 insure 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 Page 404 of 424 Page 8 of 13 Public Works Agreement by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this 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, Page 405 of 424 Page 9 of 13 Public Works Agreement and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. 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 406 of 424 Page 10 of 13 Public Works Agreement XI. CONTRACTOR’S LICE NSE 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 407 of 424 Page 11 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 Chase Jayne whose title is President 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 by law which pertain to the resolution of disputes and protests between the contracting parties. Page 408 of 424 Page 12 of 13 Public Works Agreement 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 Faithful Performance Bond Labor and Materials Payment Bond General and Supplemental Conditions Special Conditions Project Construction Schedule Proposed Subcontractors Bid Bond Information Required of Bidder 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 409 of 424 13 SIGNATURE PAGE TO CITY OF BEAUMONT PUBLIC WORKS AGREEMENT CITY: CITY OF BEAUMONT By: ________________________________ Julio Martinez, III, Mayor CONTRACTOR: ________________________________ By: ______________________________ Print Name: _______________________ Title: _____________________________ ATTEST: By:________________________ Nicole Wheelwright, Deputy City Clerk APPROVED AS TO FORM: By:___________________________ John O. Pinkney, City Attorney Page 410 of 424 14 CITY OF BEAUMONT PUBLIC WORKS AGREEMENT EXHIBIT “A” CONTRACTOR’S Bid (Insert behind this page.) Page 411 of 424 15 CITY OF BEAUMONT PUBLIC WORKS AGREEMENT EXHIBIT “B” Project Construction Schedule (Insert behind this page.) Page 412 of 424 16 CITY OF BEAUMONT PUBLIC WORKS AGREEMENT EXHIBIT “C” Insurance Certificates and Endorsements (Insert behind this page.) Page 413 of 424 Staff Report TO: City Council FROM: Nicole Wheelwright, Deputy City Clerk DATE February 21, 2023 SUBJECT: Discussion and Determination of Power of Appointment of an Alternate Member to a Voting Seat Description Determination of authorized power of appointment to a voting seat on the Economic Development Committee. Background and Analysis: At the City Council meeting of December 20, 2022, two applicants were appointed as Alternate Members to the Economic Development Committee. At the City Council meeting of February 7, 2023, an updated policy and procedures was adopted and as a result, two of the vacant seats on the committee are no longer categorized as business owner members. This in turn makes the seats eligible for the alternates to be appointed to. In accordance with Government Code Section 54974, the vacancies have also been advertised on the City’s website. As of February 21, 2023, no applications have been received. The topic of appointment of alternate members to the vacant seats was discussed during the Economic Development Committee meeting of February 8, 2023, and it was requested that the determination of appointment power be researched. Currently, there is no provision within the Policy and Procedure that speaks to this and it was recommended that it come before the City Council for review and determination. Attached is the most recently updated Policy and Procedure. Fiscal Impact: The cost of this staff report is estimated to be $50. Recommended Action: Discuss and provide direction to staff. Page 414 of 424 Attachments: A. EDC Policies and Procedures Page 415 of 424 Economic Development Committee Policies and Procedures Section 1. Creation of Committee. The City Council on March 15th, 2016 created an Economic Development Committee. The Committee shall consist of fifteen (15) members. The Student committee position shall be a non-voting member and shall be selected from members of the Beaumont Youth Council. Section 2. Appointment and Qualifications of Committee Members. The City Council shall appoint the members of the Committee. Committee members shall be at least sixteen (16) years of age and shall consist of two (2) members of the City Council, the City Manager, an Economic Development staff member of the City as assigned by the City Manager, a Beaumont Chamber of Commerce Representative, a local developer/economic development representative, three (3) members preferably from the business community, a BUSD representative, a post- secondary education representative, two community members, a Beaumont Youth Council member and a Rotating Member position for an industry expert. There will be fourteen (14) voting members. Each member shall be allowed to send an alternate from their represented organization to fill in. The alternate will count toward the meeting quorum, but will not be considered a voting member. Section 3. Excused/Unexcused Absences. Members who serve on the committee shall plan on attending all meetings. From time-to-time members may become ill or have an emergency that conflicts with the meeting day and time. If the member informs City Staff or the Chairperson of their absence for a related reason prior to the meeting start, the absence will be considered excused. All committee members will be allowed two (2) unexcused absences within a calendar year. In the event a committee member is absent, and an alternate attends on behalf of that member, the absence will not be considered unexcused. Any Committee member may be asked to resign or removed from the Committee after two unexcused absences. Section 4. Term and Tenure of Members. All members of the Committee shall be appointed for a term of two (2) years and shall serve at the pleasure of the City Council. Members shall serve without compensation. City Council may elect for the terms to be staggered. Section 5. Powers and Duties. The Committee shall be advisory to the City Council. The Committee shall hold public meetings monthly at a date and time agreeable to members of the committee. In the event there is no Committee business Page 416 of 424 to conduct, the meeting may be canceled. The Committee shall not utilize and/or expend City Staff or consultants time, without the prior approval and authorization by the City Council. Section 6. Rules and Regulations. The Committee shall appoint a chair, who shall conduct Committee meetings and report quarterly to the City Council on Committee activities and recommendations. The Committee shall adopt such rules and regulations as are needed to conduct its meetings and shall comply with the Brown Act and other applicable laws. Page 417 of 424 Staff Report TO: City Council FROM: Elizabeth Gibbs, City Manager DATE February 21, 2023 SUBJECT: Proposed Cancellation of the Regular City Council Meeting Scheduled for July 4, 2023 Description Cancel the Regular City Council meeting scheduled for July 4, 2023, in celebration of the nation’s Federal holiday – Independence Day Background and Analysis: The first regular meeting of the City Council in July 2023 falls on the Independence Day holiday. Therefore, it is proposed that the July 4 regular meeting be cancelled. Fiscal Impact: Estimated staff cost for this report is $50. Recommended Action: Discuss and direction to cancel the regular City Council meeting of July 4, 2023. Page 418 of 424 CAPITAL IMPROVEMENT PROJECTS DESIGN TO CONSTRUCTION Construction on a Capital Improvement Project is a process that, depending on size and magnitude, can take months or even years to complete. Capital Improvement Projects are deeply complex with the following start to finish process: PARK PROJECTS AT-A-GLANCE STEWART PARK In April 2022, a Professional Services Agreement was awarded to PlaceWorks to provide Landscape Architecture and Engineering Design Services for Stewart Park. A public survey discussing park features was completed in July with over 800 responses. The draft conceptual plan based on staff review and public input was presented to the City Council in November. The project is fully funded and construction is anticipated to begin in 2023. Conceptual plans are available on the City's website. THREE RINGS RANCH PARK PLAYGROUND In 2021, the City of Beaumont was awarded a grant from the State of California Department of Parks and Recreation Office of Grants and Local Services (OGALS). Conceptual designs were presented to families at a Pop Up in The Park event held at Three Rings Ranch Park; participants were asked to select color schemes and playground amenities. Equipment has been delivered and installation is expected in the Spring of 2023. MT. VIEW PARK PLAYGROUND This current CIP Project is funded to provide a new playground that will include integrated shade structures. The installation of shade elements incorporated into new playgrounds saves space and is essential to protecting children from UV rays. This project includes the replacement of the existing playgrounds. The project is fully funded and design is expected by Summer 2023 STAGE 1: Identify Identify City Infrastructure to be improved, such as parks, streets, transit, community facilities, etc. STAGE 2: Conceptual Design City staff conducts community outreach, such as surveys, to assess the needs and develop a concept plan of what the project will look like. STAGE 3: Obtain Funding Depending on the type of project and it's impact locally, regionally or beyond, funding sources can include one or more of the following: Grants, local, county, state, federal funding, and/or tax revenue. STAGE 4: Construction Design Architects and engineers determine the scope of the project and develop a timeline, which includes environmental planning and design. This process can take 6-48 months depending on the complexity of the project. STAGE 5: Construction At the construction phase, the public will see the project start to take shape. STAGE 6: Completion Every completed project ELEVATES our City! ALBERT A CHATIGNY SR. COMMUNITY RECREATION CENTER 1310 Oak Valley Parkway (951)769-8524 | Parks@BeaumontCA.gov | @BMTparks REV. February 2023 SPORTS PARK PLAYGROUND In the Fall of 2022, the City received a Statewide Healthy Play grant for the installation of a new playground at the Sports Park. The Play On design features an expanded playground that incorporates the six key elements needed to promote fitness: balancing, sliding, brachiating, spinning, climbing, and swinging. In addition to the playground, a stationary fitness circuit will also be installed. The fitness area will feature products that allow the user to train upper body, core, lower body, aerobic fitness & balance. Additonal information on field improvements on reverse. SHADOW CREEK PARK PLAYGROUND In the Fall of 2022, the City received a Statewide Healthy Play grant for the installation of Beaumont's first-ever inclusive playground. The new playground will focus on providing a space to foster friendships and support the diverse needs of the whole community. The project will also expand the basketball court area and create additional walking paths in the park. City Staff hosted a community workshop in January to gather feedback on proposed colors and accessory features of the playground. Construction is expected to begin by early Summer 2023. For more information on these projects, please visit BeaumontCA.gov Page 419 of 424 PARK PROJECTS CONTINUED SPORTS PARK FIELD IMPROVEMENTS Beaumont’s 20-acre Sports Park, located at the southeast corner of Brookside and Beaumont Avenues, is a thriving venue for organized sports, and special sports events, and features a track suitable for walking or jogging. In addition to daily/weekly maintenance, the City of Beaumont performs annual maintenance on the fields immediately following the Spring sports season. The 2022 yearly planned project included turf plaining, leveling and reseeding all areas. Unfortunately, drought conditions and due to water restrictions being imposed on communities across the state, the project was placed on hold. The restrictions limit the number of days the City is allowed to water non-essential turf, such as parks, which impacts the ability to successfully grow new grass. To mitigate immediate issues in the fields, the City of Beaumont is taking the following measures: UNEVEN SURFACES - In July, the City hired a contractor to begin ongoing rodent services. This increased maintenance is a continual weekly service that will complement the gopher remediation tactics performed by City Staff. Mounds and holes are being addressed by bringing in more mulch/soil material to fill and spread over current holes and uneven surfaces. WATERING - In September, RHA Landscape Architects-Planners, Inc. presented the Beaumont City Council with a Park Turf Water Reduction Study. The study evaluated the current water usage and needs of the Sports Park and provide suggestions for water-saving design and maintenance options, including the use of future reclaimed water. The City Council approved a recommendation to replace 422,000 square feet of grass turf with synthetic turf. This option keeps the amount of playing and usable surface the same as current conditions and accounts for a water reduction of over 18 million gallons annually with a saving of $41,000. Additionally, a new water pump was recently installed that will increase capacity and allow us to efficiently water the turf at night and into the early morning. PARK USAGE Currently, the Sports Park is being utilized by AYSO, Junior All-American Football, Beaumont Rugby and numerous club soccer teams. Weekly, there are over 1,500 players, along with their friends and family, utilizing the facility for Fall sports creating a high volume of traffic on the fields. Unlike other jurisdictions, the City of Beaumont does not charge the leagues for use of the park and facilities. At this time, the City only recovers some of the direct costs from the leagues for use of the field (i.e. electricity). The majority of field maintenance, repairs, cleaning and other expenses are incurred by the City. The average annual cost to maintain the Sports Park is $500,000. ALBERT A CHATIGNY SR. COMMUNITY RECREATION CENTER 1310 Oak Valley Parkway (951)769-8524 | Parks@BeaumontCA.gov | @BMTparks MEMORIAL PLAZA Following the success of the inaugural Veterans Day Parade and Ceremony, the City re-established the First Responder and Veterans Memorial Committee to begin discussions on renovating the current plaza area in front of City Hall. In February 2022, a Professional Services Agreement (PSA) was executed for conceptual plans of an expanded and remodeled memorial plaza area. The concept plan which includes preservation of current monuments, new landscaping additional seating and water features was presented in August and a Request for Proposals (RFP) was released for construction services. The City Council recently awarded the project to Architerra Design Group. The project is fully funded in the current CIP and construction is expected to begin by Summer 2023. PARK MASTER PLAN In Spring 2023, the Community Services Department will release a Request for Proposal (RFP) for a Park Master Plan. A Master Plan is a long-range plan that will guide our investment in parks, park facilities, trails, and open space for the next ten years. The plan will evaluate our existing recreation services, parks and facilities to meet the needs of community residents. Page 420 of 424 P E N N S Y L V A N I A W I D E N I N G W i d e n i n g o f P e n n s y l v a n i a t o f o u r l a n e s f r o m 1 s t S t r e e t t o 6 t h S t r e e t P E N N S Y L V A N I A G R A D E S E P A R A T I O N V e r t i c a l R e a l i g n m e n t o f P e n n s y l v a n i a t o b y p a s s u n d e r t h e r a i l r o a d c r o s s i n g S E C O N D S T R E E T E X T E N S I O N E x t e n d i n g S e c o n d S t r e e t M a r k e t p l a c e w e s t b o u n d t o P e n n s y l v a n i a A v e n u e P H A S E 2 P O T R E R O I N T E R C H A N G E A d d i t i o n o f O n /O f f R a m p s t o S R 6 0 , a s w e l l a s t h e r e a l i g n m e n t o f W e s t e r n K n o l l s . S I G N A L I M P R O V E M E N T S 6 t h S t r e e t /B e a u m o n t A v e n u e p r o t e c t e d l e f t t u r n s i g n a l s S R -7 9 /1 s t S t r e e t p r o t e c t e d l e f t t u r n s i g n a l s H I G H L A N D S P R I N G S I N T E R C H A N G E R e c o n f i g u r e e x i s t i n g i n t e r c h a n g e t o i m p r o v e t r a f f i c f l o w a n d s a f e t y . O A K V A L L E Y I N T E R C H A N G E R e c o n f i g u r e e x i s t i n g i n t e r c h a n g e a n d b r i d g e t o i m p r o v e t r a f f i c f l o w a n d s a f e t y . W E S T S I D E F I R E S T A T I O N * C o n s t r u c t i o n o f a f u l l s e r v i c e f i r e s t a t i o n l o c a t e d o n P o t r e r o B l v d . e a s t o f t h e O l i v e w o o d C o m m u n i t y P O L I C E S T A T I O N /H E A D Q U A R T E R S * C o n s t r u c t i o n o f a n e w p o l i c e s t a t i o n , a s a n a d d i t i o n t o t h e P u b l i c S a f e t y C o m p l e x l o c a t e d o n P o t r e r o B l v d , e a s t o f t h e O l i v e w o o d C o m m u n i t y . *Is N O T a Tr a ns p o r t a t io n P r o je ct, bu t i s p a rt of P u bl i c Saf e t y I nf r a s t ru c t u r e A C I T Y E L E V A T E DBEAUMONT T R A N S P O R T A T I O N P R O J E C T S A T A G L A N C E P R O J E C T D E T A I L S B e l o w i s a l i s t o f i d e n t i f i e d C a p i t a l I m p r o v e m e n t P r o j e c t s (C I P ) f o r t r a n s p o r t a t i o n w i t h i n t h e C i t y o f B e a u m o n t . T h e t i m e l i n e s g i v e n a r e e s t i m a t e s b a s e d o n c o m p l e t i o n o f d e s i g n s , e n g i n e e r i n g , e n v i r o n m e n t a l s t u d i e s a n d c o n s t r u c t i o n b i d a w a r d s . T h i s l i s t d o e s n o t i n c l u d e a l l C I P p r o j e c t s i d e n t i f i e d a n d /o r b u d g e t e d f o r . F o r m o r e i n f o r m a t i o n o n t h e s eprojects a n d m o r e g o t oBeaumontCA.g o v P E N N S Y L V A N I A W I D E N I N G T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 1 7. A r c h i t e c t u r a l p l a n s a n d e n g i n ee r i n g h a v e b e e n c o m p l e t e d . C u r r e n t ly t h e p r o j e c t h a s b e e n b i d f or c o n s t r u c t i o n . P e r m i t ti n g a n d c o n s t ru c t i o n c o n t r a c t h a v e be e n a w a rd e d , w i t h c o ns t r u ct i o n e x pe c t e d t o t a k e 1 2 m o n t h s . T h i s p r o j e c t h a s $8 .2 mi l l i o n a l l o c a t e d f o r c o n s t r u c ti o n , i n c l u d i n g f u n d i n g o b t a i n e d fr o m t h e F e d e r a l I n f r a s t r u c t u r e S p e n d i n g B i l l , w h i c h w a s a p p r o ve d i n M a r c h 2 0 2 2 . P E N N S Y L V A N I A G R A D E S E P A R A T I O N T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 1 7. P r e l i m i n a ry d e s i g n a n d l a y o ut h a v e b ee n c o m p l e t e d . C i t y C o u n c i l h a s a p p r o v e d f u n d i n g t o c o m p l e t e d e s i g n a n d e n g i n e e r i n g , w h i c h i s e x p e c t e d t o be c o m p le t e d i n e a r l y 20 2 4 . C i t y C o u n c i l a n d S t a f f a r e w o r k i n g w i th o u r s t a t e a n d f e de r a l p a r t n e r s t o a d o p t t h e p r o j e c t a n d c o m p l e t e c o n st r u c t i o n . S E C O N D S T R E E T E X T E N S I O N T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 2 0. I n i t i a l c o n c e pt u a l d e si g n a n d f e a s i b i l i t y h a s b e e n c o m p l e t e d . Ar c h i t e c t u r a l d e s i g n s , e n g i n e e r i n g a n d f i n a l e n vi r o n m e n t a l s t u d i e s h a v e b e e n c o m p l e t ed . A d v e r t i s e m e n t a n d a w a r d o f c o n t r a ct i s e x p e ct e d i n 2 0 2 3 . C i t y C o u n c i l h a s a u t h o r iz e d $2 .8 m i l l i o n i n c o n s t r u c t i o n f u n d i n g a n d c o ns t r u ct i o n i s e x p e c t e d t o b e c o m p l e t e i n e a r l y 2 0 2 4 . P H A S E 2 P O T R E R O I N T E R C H A N G E T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 1 6. P h a s e 1 o f t h i s p r o j e c t w a s c o m p l e t e d i n 2 0 1 9 . P h a s e 2 i s u n d e r g o i n g a r e v i s e d t r a f f i c a n al y s i s , w h i c h i s p e n di n g f i n a l C a l T ra n s a p p r o v a l . O nc e a p p r o v e d t h e r ev i s e d p l a n a n d e n g i n e e r i n g s h o u l d b e c o mp l e t e d i n 2 0 2 3 . C o n s t r u c t i o n w i l l ta k e 2 4 -3 0 mo n t h s a n d i s d e p e n d en t o n i d e n t i f yi n g f u n d i n g s o ur c e s . T hi s p r o j e c t n e e d s a p p r o x i m a t e l y $3 0 m i l l i o n in fu n d i n g , w hi ch s t a f f i s a ct i v e l y p u r s u i n g . R E V : 2 /1 6 /2 0 2 3 Page 421 of 424 C o n s t r u c t i o n o n a C a p i t a l I m p r o v e m e n t P r o j e c t i s a p r o c e s s t h a t , d e p e n d i n g o n s i z e a n d m a g n i t u d e , c a n t a k e m o n t h s o r e v e n y e a r s t o c o m p l e t e . C a p i t a l I m p r o v e m e n t P r o j e c t s a r e d e e p l y c o m p l e x w i t h t h e f o l l o w i n g s t a r t t o f i n i s h p r o c e s s : A C I T Y E L E V A T E DBEAUMONT C A P T I A L I M P R O V E M E N T P R O J E C T S F R O M D E S I G N T O C O N S T R U C T I O N P R O J E C T D E T A I L S (C O N T I N U E D ) W E S T S I D E F I R E S T A T I O N * 550 E. 6TH STREET (951) 769-8520 BEAUMONTCA.GOV B E A U M O N T C I V I C C E N T E R S T A G E 1 : I d e n t i f y I d e n t i f y C i t y I n f r a s t r u c t u r e t o b e i m p r o v e d , s u c h a s p a r k s , s t r e e t s , t r a n s i t , c o m m u n i t y f a c i l i t i e s , e t c . S T A G E 2 : O b t a i n F u n d i n g D e p e n d i n g o n t h e t y p e o f p r o j e c t a n d i t 's i m p a c t l o c a l l y , r e g i o n a l l y o r b e y o n d , f u n d i n g s o u r c e s c a n i n c l u d e o n e o r m o r e o f t h e f o l l o w i n g : G r a n t s , l o c a l , c o u n t y , s t a t e , f e d e r a l f u n d i n g , a n d /o r t a x r e v e n u e . S T A G E 3 : D e s i g n A r c h i t e c t s a n d e n g i n e e r s d e t e r m i n e t h e s c o p e o f t h e p r o j e c t a n d d e v e l o p a t i m e l i n e , w h i c h i n c l u d e s e n v i r o n m e n t a l p l a n n i n g a n d d e s i g n . T h i s pr o ce s s ca n t a k e 6 -4 8 mo n th s de p en d i n g on th e c o mp le x it y o f t he pro je c t . S T A G E 4 : C o n s t r u c t i o n A t t h e c o n s t r u c t i o n p h a s e , t h e p u b l i c w i l l s e e t h e p r o j e c t s t a r t t o t a k e s h a p e . S T A G E 5 : C o m p l e t i o n Every completed project ELEVATES our City! S I G N A L I M P R O V E M E N T S T h i s p r o j e c t w a s i d e n t i f i ed a n d a d d e d t o t h e C I P B u d g e t i n 2 0 2 0 . T r a f f i c A n a l y s i s a n d I m p r o v e m e n t p l a n s h a v e b e e n a p p r o v e d w i t h i n t h e C i t y . A d v e r t i s e m e n t f o r i n s t al l a t i o n o f t h e s i g n a l a r m s f o r 6 t h S t r e e t h a v e b e e n p r ep a r e d an d a c o n s tr u c t i o n c o n t r a c t w a s a w a r d e d b y C i t y C o u n c i l i n J a n u a r y 2 0 2 3 . P e n d i n g C a l T r an s a p p r o v a l , ad v e r t i s e m e n t f o r i n s t a l l at i o n o f t h e 1 s t S t r e e t s i g n a l a r m s i s e x p e c t e d s o o n , w i t h a c o n s t r u c t i o n t i m e l i n e o f a p p r o x . 2 m o n t hs . T h i s p r o j e c t i s f u l l y f u n d e d . H I G H L A N D S P R I N G S I N T E R C H A N G E T h i s p r o j e c t , c o o r d i n a t e d b y t h e R i v e r s i d e C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n (R C T C ), b e g a n i n 2 0 1 9 w i t h a c o o p e r a t i v e a g r e e m e n t b e t w e e n th e C i t y o f B e a u m o n t, C i t y o f B a n n i n g , R C T C a n d C a l T r a n s . A p r o j e c t s t u d y r e p o r t w a s c o m p l e t e d i n N o v e m b e r o f 2 0 2 1 . C u r r e n t l y R C T C h a s a w a r d e d a c o n t r a c t f o r t h e P r o j e c t A p p r o v a l a nd E nv ir o n m e n t a l D e s i g n (P AE D ) r ep o r t , w h i c h w i l l t a k e a p pr o x i m a t e l y 2 4 m o n t h s . A f t e r t h i s i s c o m pl e t e d t h e p r o j e c t w i l l g o t o d e s i g n a n d e n g i n e e r i n g , w h i c h i s a n o t h e r 2 4 m o n t h p r o c e ss a n d t h e n a n o th e r 2 4 -3 0 m o n t h p r o c e s s f o r co n s t r uc t i o n . F u n d i n g f o r c o n s t r u c t i o n i s s t i l l b e i n g i d e n t i f i e d . O A K V A L L E Y I N T E R C H A N G E T h i s p r o j e c t w a s i d e n t i f i ed a n d a d d e d t o t h e C I P B u d g e t i n 2 0 2 0 . A p r o j e c t s t u d y r e p o r t w a s c o m p l et e d i n 2 0 0 9 . C u r r e n t l y a r e q u e s t f o r p r op o s a l (R F P ) f o r t h e P A E D w i l l b e r e l e as e d i n l 2 0 2 3 .T h e P A E D t a k e s 2 4 m o n t h s . D e s i g n a n d E n g i n e e r i n g w i l l n e e d t o b e c o m p l e t e d a f t e r t h a t , t h e n th e p r o j e c t w i l l g o o u t t o b i d f o r c o n s t r u c t i o n . F u n d i n g f o r c o n s t r u c t i o n i s s t i l l b e i n g i d e n t i f i e d . T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 1 6. C o n s t r u c t io n h a s b e g u n a n d i s e x p e c t e d t o b e c o m p l et e b y t h e e n d o f 2 02 3 . T h i s p r o j e c t i s f u l l y f u n d e d . P O L I C E S T A T I O N /H E A D Q U A R T E R S * T h i s p r o j e c t w a s i d e n t i f i e d a n d a d d e d to t h e C IP B u d g e t i n 2 0 2 0. A c o n c e p t u a l p l a n w a s p r e s e n t e d t o C i t y C o u n c i l i n S e p t e m b e r . F u n d i n g f o r c o n s t r u c t i o n i s s t i l l b e i n g i d e n t if i e d . R E V : 2 /1 6 /2 0 2 3 Page 422 of 424 A C I T Y E L E V A T E DBEAUMONT PENNSYLVANIA WIDENING PROJECT Jan. 2023 Construction Began Phase 3 Demo, Grading, Paving Phase 1 Demo, Grading, Paving Sept. 2023 Final Overlay Paving Striping and Signage Installation F o r m o r e i n f o r m a t i o n o n t h e s eprojects a n d m o r e g o t oBeaumontCA.g o v Feb.-May Installation of Storm Drains March-Sept.Traffic Signal Improvements April-May May-July Railway Right-of-Way Improvements May-June Phase 2 Demo, Grading, Paving Aug-Sept. July-Aug*Timeline is approximate Completion Page 423 of 424 ALBERT A CHATIGNY SR. COMMUNITY RECREATION CENTER 1310 Oak Valley Parkway (951)769-8524 | Parks@BeaumontCA.gov | @BMTparks UPCOMING COMMUNITY EVENTS SHAMROCK JAM Sunday, March 12 | Community Recreation Center EARTH DAY LADYBUG RELEASE Saturday, April 22 | Nicklaus Park STAR WARS DAY Thursday, May 4 | Deforge Park KIDS TO PARKS DAY/MOVIE IN THE PARK Saturday, May 20 | Three Rings Ranch Park CHERRY FESTIVAL June 1 - 4 | Stewart Park CONCERTS IN THE PARK Wednesdays | Stewart park SUMMER POP-UPS Tuesdays | Various Parks STEAM Fridays | Community Recreation Center 4TH OF JULY FIREWORKS & CONCERT Tuesday, July 4 | Stewart Park NATIONAL NIGHT OUT TOUCH-A-TRUCK Friday, July 28 | Noble Creek Park MOVIE IN THE PARK Friday, August 18 | Sports Park MONSTER MASH Saturday, October 21 | Community Recreation Center TRUNK-OR-TREAT Tuesday, October 31 | Sports Park VETERANS DAY PARADE Saturday, November 11 | Downtown Beaumont LIGHT PARADE & BLIZZARD BASH Saturday, December 9 | Downtown Beaumont Whatever your age or interest, whether you’re a resident or a welcomed visitor, there is always an exciting event or activity going on somewhere in Beaumont. Come see why Beaumont is A CITY, ELEVATED! Page 424 of 424