Agenda packet — Beaumont City Council, March 21, 2023 (part 6 of 6)

City of Beaumont
Request for bid BEAUMONT
City Hall Renovation
CF -104

CITY OF BEAUMONT

CALIFORNIA

PUBLIC WORKS DEPARTMENT

CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:

CF -104 CITY HALL RENOVATION
Prepared Under the Supervision of:

Jeff
01/12/2023
.E., Public Works Director/City Engineer Date

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City of Beaumont
Request for bid

BEAUMONT
—c n�—
Table of Contents
City Hall Renovation
CF -104
NOTICE INVITING BIDS 4
INSTRUCTIONS TO BIDDERS 6
BID FORM 13
BASE BID 12
BID SCHEDULE 12
BID CERTIFICATION 14
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION 15 BID BOND 16
DESIGNATION OF SUBCONTRACTORS 19
INFORMATION REQUIRED OF BIDDERS 22
NON -COLLUSION AFFIDAVIT 30
PERFORMANCE BOND 31
PAYMENT BOND 36
02 PUBLIC WORKS AGREEMENT 38
03 GENERAL CONDITIONS 39
04 SPECIAL CONDITIONS 40
05 TECHNICAL SPECIFICATIONS 41
06 CONSTRUCTION DRAWINGS 42
07 ASBESTOS & LEAD SURVEY REPORT 43

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City of Beaumont
Request for bid
City Hall Renovation
BEAUMONT CF -104
—(4.04441,—

NOTICE INVITING BIDS
The City of Beaumont, Public Works Department ("City") is soliciting bids for:

CF -104 City Hall Renovation
BID DATES, TIMES, & LOCATIONS:

Bid Published:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

January 13, 2023
February 16, 2023 @ 2:00 P.M
550 E. Sixth Street (City Hall)
Beaumont, CA 92223
January 26, 2023 @ 2:00 P.M.

February 16, 2023 @ 2:30 P.M.
550 E. Sixth Street (City Hall), Room 4
Beaumont, CA 92223
Bids received after this time will be discarded. Bids shall be valid for 60 calendar days after the bid opening date. Bids must be submitted on the City's Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted with the following subject:
"CF -104 City Hall Renovation"
LOCATION OF WORK:

The work to be completed is in the City of Beaumont at City Hall, located at 550 E 6th Street, Beaumont, CA 92253.

DESCRIPTION OF WORK:

The proposed work shall be performed in accordance with the Contract; General, Special, and technical Specifications and Drawings.

In general, the work includes the renovation of the City Hall to include, but not limited to demolition, carpentry, plumbing, heating, ventilating and air conditioning (HVAC), and electrical.

CONTRACT LENGTH:

This contract shall be in affect until completion and acceptance of all work. Contract time shall commence based on the contractor's lead time of construction material. Household appliances (i.e., microwave, refrigerator, etc.) and furniture (i.e., desks, cubicles, etc.) are excluded from contract.

AWARD OF CONTRACT:

The City shall award the Contract for the Project to the lowest responsive, responsible bidder as determined from the base bid. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

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Request for bid

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City Hall Renovation
CF -104
The City of Beaumont hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit Bids in response to this Notice, and that minorities nor minority business enterprises will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. For further information, please see the form titled "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246)" within the Bid Documents.

CONTRACT DOCUMENTS AND SPECIFICATION:

Copies of the Contract Documents and Specification are available for inspection at no cost to the bidder at City Hall. The documents can also be downloaded from the City's Website ( https://www.beaumontca.gov) and WWW.PUBLICPURCHASE.COM and reviewed at no cost.

BID & BIDDER:

Bids must be accompanied by cash, a certified or cashier's check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.

Each bid shall be accompanied by the security referred to in the Contract Documents, the non -collusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders.

The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment (Labor and Materials) Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor's license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:
• Class "B" license
FOR FURTHER INFORMATION CONTACT:

Grace Wichert
E-mail: gwichert beaumontca.gov

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INSTRUCTIONS TO BIDDERS
City Hall Renovation
CF -104
AVAILABILITY OF CONTRACT DOCUMENTS:

Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost. Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any applicable charges for the Contract Documents are outlined in the Notice Inviting Bids. The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project.

EXAMINATION OF CONTRACT DOCUMENTS:

The City has made copies of the Contract Documents available, as indicated above.

Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City.

Such submission, if any, must be sent by email to gwichert(a�beaumontca.gov. Any interpretation of the Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has purchased a set of Contract Documents. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation. Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

INSPECTION OF SITE:

Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the

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CF -104
construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project.

ADDENDA:

The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.

Each prospective bidder shall provide City a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Public Works Department to verify that he has received all Addenda issued, if any, prior to the bid opening.

ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, COMPUTER OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non- responsive.

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CF -104
MODIFICATIONS OF BIDS:

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non -responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.

DESIGNATION OF SUBCONTRACTORS:

Pursuant to the funding regulation, the Bidders must designate the name and location of each subcontractor who will perform work or render services in an amount in excess of one-half of 1 percent of the prime contractor's total bid as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.

LICENSING REQUIREMENTS:

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

SIGNING OF BIDS:

All Bids submitted shall be executed by the Bidder or its authorized representative.

Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be

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Request for bid

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iiePa�oraiiu
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CF -104
jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

BID GUARANTEE (BOND):

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier's check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder's bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

SUBMISSION OF BIDS:

Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be mailed or hand delivered to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein.

Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601.

The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids, and may reject any bid not strictly complying with City's designated methods for delivery.

DELIVERY AND OPENING OF BIDS
Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. It is the Bidder's sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids at the address specified in the NIB. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the

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Bid Price, the written amount shall govern.

City Hall Renovation
CF -104
WITHDRAWAL OF BID:

Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative.

BASIS OF AWARD; BALANCED BIDS:

The City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. The City may reject any Bid which, in its opinion when compared to other bids received or to the City's internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non -responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID:

No bidder shall be allowed to make, submit or be interested in more than one bid.

However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the City.

No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.

INSURANCE REQUIREMENTS:

The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.

AWARD PROCESS:

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment (Labor and Materials) Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification.

Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.

FILING OF BID PROTESTS
Bidders may file a "protest" of a Bid with the City's City Engineer. In order for a Bidder's protest to be considered valid, the protest must:
• Be filed in writing within five (5) calendar days after the bid opening date; • Clearly identify the specific irregularity or accusation;

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• Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
• Include all relevant, supporting documentation with the protest at time of filing
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's City Engineer, or other designated City staff member, shall review the basis of the protest and all relevant information. The City Engineer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Engineer to the City Manager.

WORKERS COMPENSATION:

Each bidder shall submit the Contractor's Certificate Regarding Workers' Compensation form.

SUBSTITUTION OF SECURITY:

The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

PREVAILING WAGES:

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at www.dir.ca.gov . Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning March 1, 2015, with very limited exceptions, no contractor or subcontractor may be listed on a bid proposal for this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The DIR registration number for each contractor and subcontractor must be identified on the bid proposal - failure to identify this number could result in the bid being rejected as non- responsive. It is each bidder's responsibility to ensure that they have fully complied with SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.

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DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS:

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

PERFORMANCE AND PAYMENT BOND REQUIREMENTS:

Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price.

REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request provisions set forth in the Special Conditions, including any deadlines for substitution requests which may occur prior to the bid opening date.

SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.

END OF INSTRUCTIONS TO BIDDERS

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BID FORM
NAME OF BIDDER:

City Hall Renovation
CF -104
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

CF -104 City Hall Renovation
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following BASE BID TOTAL BID PRICE:

BASE
BID

BASE BID PRICE
(IN WRITTEN FORM)

BID PRICE
(IN NUMBERS)
TOTAL

BID PRICE
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

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BASE BID

BID SCHEDULE
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CF -104
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/UN
IT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 Bond, Insurance, General
Requirements, & Mobilization
1 LS
2 Selective Demolition and Disposal
(02 41 19), including hazardous
material abatement
1 LS
3 Stormwater Compliance (01 57 23),
including WDID, SMARTS, SWPPP,
NOI, and NOT
1 LS
4 Concrete Paving (32 13 13), including
exterior improvements
1 LS
5 Metal fabrication, handrails and
railings
1 LS
6 Carpentry- rough & finish, casework
solid polymer fabrications
1 LS
7 Thermal and Moisture Protection,
including new roof, insulation, metal
flashing and trim, roof accessories,
firestopping, and joint sealants
1 LS
8 Openings, including doors, windows,
door hardware, and glazing
1 LS
9 Interior Finishes, including acoustic
suspensions systems, walls, base,
flooring, carpet, painting, and all interior
remodeling work
1 LS
10 Specialties, including signage, toilet
compartments, bathroom accessories,
and fire extinguishing cabinets
1 LS
11 Furnishings, including metal
countertops
1 LS
12 Fire Suppression, including materials
and sprinkler systems
1 LS
13 Plumbing, including materials, valves,
piping, hangers, insulation, specialties,
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14 Heating, Ventilation and Air
Conditioning (HVAC)
1 LS
15 Electrical
1 LS
16 Electronic Safety and Security, including
fire detection and alarms
1 LS
PROJECT BASE BID SUBTOTAL:

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Items include references to specification sections where applicable. Contractor shall verify section and all specifications for bid item. Listed items and references are not intended to provide a complete list of all work included. All specifications and contract documents shall be considered when bidding.

In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

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BID CERTIFICATION
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Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No.

Expiration Date
Class of license
If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents:

1. Addenda No. thru

2. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price.

3. Attached is the fully executed Non -Collusion Affidavit form.

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.

Bidder acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder
Signature
Name and Title
Dated

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CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
CF -104 City Hall Renovation
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name and Title
Dated

CONTRACTOR'S CERTIFICATE REGARDING
15

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BID BOND
CF -104 City Hall Renovation
The makers of this bond are,
City Hall Renovation
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as Principal, and
, as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated , 2023, for
CF -104 City Hall Renovation
If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses. 16

Page 997 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iiePa�oraiiu
City Hall Renovation
CF -104
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this day of , 2023, the name and
corporate seal of each corporation.
(Corporate Seal)
Principal
By
Title
(Corporate Seal) Surety
By
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title
17

Page 998 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iiePa�oraiiu
City Hall Renovation
CF -104

STATE OF CALIFORNIA )
) ss.

CITY OF
On this day of , in the year 2023, before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the (Surety) thereto and his own name as Attorney -In -
Fact.

Notary Public in and for said State
(SEAL)
Commission expires:

NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
18

Page 999 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT

DESIGNATION OF SUBCONTRACTORS
CF -104 City Hall Renovation
City Hall Renovation
CF -104
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: the name, the location of the place of business, the California contractor license number, and public works contractor registration number issued of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.

Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
19

Page 1000 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
City Hall Renovation
CF -104
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
20

Page 1001 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
City Hall Renovation
CF -104
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
Name of Bidder
Signature
Name and Title
Dated
21

Page 1002 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
City Hall Renovation
CF -104

INFORMATION REQUIRED OF BIDDERS
CF -104 City Hall Renovation
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**] NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder:

2.0 Type, if Entity:

3.0 Bidder Address:

Facsimile Number Telephone Number

4.0 License Information:

License No.

Class of License Expiration Date
DIR Registration No.

5.0 How many years has Bidder's organization been in business as a Contractor?

6.0 How many years has Bidder's organization been in business under its present name?

5.1 Under what other or former names has Bidder's organization operated? 22

Page 1003 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iiePa�oraiiu
City Hall Renovation
CF -104

7.0 If Bidder's organization is a corporation, answer the following:

7.1 Date of Incorporation:

7.2 State of Incorporation:

7.3 President's Name:

7.4 Vice -President's Name(s):

7.5 Secretary's Name:

7.6 Treasurer's Name:

8.0 If an individual or a partnership, answer the following:

8.1 Date of Organization:

8.2 Name and address of all partners (state whether general or limited partnership):

9.0 If other than a corporation or partnership, describe organization and name principals:

10.0 List other states in which Bidder's organization is legally qualified to do business. 23

Page 1004 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
-cn--
City Hall Renovation
CF -104

11.0 What type of work does the Bidder normally perform with its own forces?

12.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

14.0 List Trade References:

15.0 List Bank References (Bank and Branch Address):
24

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City of Beaumont
Request for bid

BEAUMONT

16.0 Name of Bonding Company and Name and Address of Agent:

City Hall Renovation
CF -104
25

Page 1006 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iaPa�oa,ia
B. LIST OF CURRENT PROJECTS (Backlog)
[**Duplicate Page if needed for listing additional current projects.**] City Hall Renovation
CF -104
Project
Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone
26

Page 1007 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iiePa�oraiiu
City Hall Renovation
CF -104
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Project Client
Description of
Bidder's Work
Period of
Performance
Cost of Bidder's
Work
Contact Name
& Phone
27

Page 1008 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iiePa�oraiiu
City Hall Renovation
CF -104
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person's job title, name and percent of time to be allocated to this project:

2. Summarize each person's specialized education:

3. List each person's years of construction experience relevant to the project:

4. Summarize such experience:

Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
28

Page 1009 of 1116 ends

City of Beaumont
Request for bid
Additional Bidder's Statements:

BEAUMONT
City Hall Renovation
CF -104
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder
Signature
Name and Title
Dated
29

Page 1010 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iaPa�oa,ia

NON -COLLUSION AFFIDAVIT
CF -104 City Hall Renovation
City Hall Renovation
CF -104
, being first duly sworn, deposes and says that he is
of the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Name of Bidder
Signature
Name and Title
Dated

NON -COLLUSION AFFIDAVIT
30

Page 1011 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iaPa�oa,ia

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

City Hall Renovation
CF -104
THAT WHEREAS, (hereinafter referred to as "City")
has awarded to , (hereinafter referred to as the "Contractor") an agreement for
(hereinafter referred to as the "Project").

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less
than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which 31

Page 1012 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iiePa�oraiiu
City Hall Renovation
CF -104
time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3)
Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.

The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.
32

Page 1013 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iiePa�oraiiu
City Hall Renovation
CF -104
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[Remainder of Page Left Intentionally Blank.]
33

Page 1014 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
-- -
City Hall Renovation
CF -104
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2023.

CONTRACTOR/PRINCIPAL
Name
By
SURETY:

By:

Attorney -In -Fact
The rate of premium on this bond is per thousand. The total amount of premium charges, $
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
34

Page 1015 of 1116 ends

City of Beaumont
Request for bid

STATE OF CALIFORNIA )
) ss.

CITY OF

BEAUMONT
-cn--
City Hall Renovation
CF -104
On this day of , in the year 2023, before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the
(Surety) thereto and his own name as Attorney -In -
Fact.

Notary Public in and for said State
(SEAL)
Commission expires:

NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
35

Page 1016 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iaPa�oa,ia

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
City Hall Renovation
CF -104
WHEREAS, the City of Beaumont (hereinafter designated as the "City"), by action taken or a resolution passed , 2023 has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows:
(the "Project"); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
36

Page 1017 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
iiePa�oraiiu
City Hall Renovation
CF -104
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the day of
20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) (Seal of Surety)
By
(Signature of Contractor)
Surety
By
Attorney in Fact
(Attached Attorney -In -Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.
37

Page 1018 of 1116 ends

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "B"
CONTRACTOR'S Bid
(Insert behind this page.)
16

Page 1019 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
—ce01 4, —

BID FORM
NAME OF BIDDER: DALKE & SONS CONSTRUCTION, INC.

BASE BID PRICE
(IN WRITTEN FORM)
TOTAL

BID PRICE

BID PRICE
(IN NUMBERS)
1 L4 illf ion1f - w1dled join/e'��1.
e r9 SGt� c{ orir �U"cIreP
ei ht rf _�
22kFctgll g3
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

Page 1020 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
Catitevua—

BASE BID

BID SCHEDULE
City Hall Renovation
City Hall Renovation
CF -104
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/UN
IT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 Bond, Insurance, General
Requirements, & Mobilization
1 LS
7g Jo'
70, 5-1D
2 Selective Demolition and Disposal
(02 41 19), including hazardous
material abatement
1 LS
23r 32,2-
25652-2-
3 Stormwater Compliance (01 57 23),
including WDID, SMARTS, SWPPP,
NOI, and NOT
1 LS
t CJ
J
i q
4 Concrete Paving (32 13 13), including
exterior improvements
1 LS
2 3
2-5) /3

5 Metal fabrication, handrails and
railings
1 LS
34 %i C'
3 gG $"
6 Carpentry- rough & finish, casework
solid polymer fabrications
1 LS
16l 9 5-Y
/
10 5-4
7 Thermal and Moisture Protection,
including new roof, insulation, metal
flashing and trim, roof accessories;
firestopping, and joint sealants
1 LS
7 S X76
S 7 7
8 Openings, including doors, windows,
door hardware, and glazing
1 LS
"g3./tfo 5-
2g3)14.5 -
g
Interior Finishes, including acoustic
suspensions systems, walls, base,
flooring, carpet, painting, and all interior
remodeling work
1 LS
2-f% off,
ZI G� 3 0�
10 Specialties, including signage, toilet
compartments, bathroom accessories,
and fire extinguishing cabinets
1 LS
2_5;
--
25-) 5 d 7 -
11 Furnishings, including metal
countertops
1 LS
Os"
5 -45 -
12 Fire Suppression, including materials
sprinkler systems
1 LS
?-3 t,}.3r0
J
2�3,/ 14 "--Oand
13 Plumbing, including materials, valves,
piping, hangers, insulation, specialties,
fixtures, and equipment
1 LS
160 16-5-
j
16o)(5,5"
F'aae 1 U21 of 111 b

City of Beaumont
Request for bid
BEAIrif WONT
-f r iiii
City Hall Renovation
CF -104
14 Heating, Ventilation and Air
Conditioning {HVAC)
1 LS
i y� X31
I q,q-31
15 Electrical
1 LS
2q'S, 5LZ
146; 5-2.2
16 Electronic Safety and Security, including
fire detection and alarms
1 LS
75- g 3 T
7 75 �`�
PROJECT BASE BID SUBTOTAL:
2,_/ k' Li.
`'./

Page 1022 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
cdit uua.—
City Hall Renovation
CF -104
Items include references to specification sections where applicable. Contractor shall verify section and all specifications for bid item. Listed items and references are not intended to provide a complete list of all work included. All specifications and contract documents shall be considered when bidding.

In case of discrepancy between the unit price and the item cost set forth fora unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

Page 1023 of 1116 ends

City of Beaumont
Request for bid

BEAD ONT

BID CERTIFICATION
City Hall Renovation
CF -104
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No. 612500
Expiration Date 2/28/2025
Class of license B, C10
If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents:

1. Addenda_ No. . 1 thru _ ._ _ 2

2. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price: -

3. Attached is the fully executed Non -Collusion Affidavit form.

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.

Name of Bidder _ DALKE & SONS CONSTRUCTION, INC.

Signature
Name and Title Barry Dalke, Vice President
Dated
2116/2023

Page 1024 of 1116 ends

DALKE & SONS CONSTRUCTION, INC.

Corporation Certificate
State of California
County of Riverside
I HEREBY CERTIFY that during a meeting of the Board of Directors of DALKE & SONS CONSTRUCTION, INC. a corporation existing under the Laws of the State of California, held on November 4, 2019, the following resolution was duly passed and adopted:
"Resolved, that Troy Dalke, as President, Barry Dalke, Todd Dalke, Calvin Dalke Jr., as Vice President of the corporation, be and is hereby authorized to execute all Bids, Contract Documents and Permits for this corporation and that his execution thereof and with the Corporation Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect.

IN WITNESS WHEREOF. I have hereunto set my hand and affixed the official seal of the corporation this 4th, day of November 2019.

Troy Dalke, President
7 Calvin ,-Jr , Dalke ry --Vice-President
. ecreta
4585 Allstate Drive, Riverside, CA 92501 • P41ene: 951-274-9880 • Fax: 951-274-0319 • License #612500 SOB 4L11

Page 1025 of 1116 ends

91, 11, 10 9Z0I- abed
City of Beaumont
Request for bid
4kk

BEAUMONT
- --RfA�hiftltt -

DESIGNATION OF SUBCONTRACTORS
City Hall Renovation
CF -104
CF -104 City Hall Renovati on
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: the name, the location of the plac e of business, the California contractor license number, and public works contractor registration number issued of each subcontractor who will p erform work or labor or render service to the prim e contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or impr ovement according to; detailed drawings contained in the plans and specifications, in; an ,amount in excess of one-half of 1 percent of the prime contractor's total bid .

Portion of the
Work
Subcontractor
Location of
Business
License
Number .

Public Works
Contractor
Registration
Number
% of
Work
it coutsfic1
C4iiin9
E,(c ( Ace) tAs4i Gs
Coral
724671
loaoo COY
1 Wo,
CerarrpLT:Ie
I ►'fnenfa / Mq.e bt4
Curona,
3a4
tovo0025941

1.5 %
WI I <<7on,-s
11 lian overhead Poor-
�o��an
4a236
loao►G 17007 5,
2 Vic,
Fire 5pr,,,/i0,5
1<...Ca' .l It4c6I'r,'e5
Thousand p 1
645 74 7
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City of Beaumont
Request for bid
City Hall Renovation
CF -104
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Request for bid
Portion of the
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20 License
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CF -104
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Registration
Number
% of
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City of Beaumont
Request for bid

BEAUMONT
l a►re�.,,r�. _
City Hall Renovation
CF -104
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

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20 9 1. I- 1. 10 0E01- abed
City of Beaumont
Request for bid
rieV—

BEQUMONT
City Hall Renovation
CF -104
Portion of the
Work
Subcontractor
Location of
Business
License
Number .

Public Works
Contractor
Registration
Number
% of
Work
it
Name of Bidder ii DALKE & SONS CO NSTRUCTIO ,;INC.

Signature
Name and Title Barry Dalke. Vice President
Dated
2/16/2023
21 City of Beaumont
Request for bid
City Hall Renovation
CF -104

CONTRACTOR'S CERTIFICATE REGARDING

Name of Bidder DALKE & SONS CONSTRUCTION, INC.

Signature
Name and Title Barry Dalke, Vice President
Dated
2/16/2023

CONTRACTOR'S CERTIFICATE REGARDING
15

Page 1031 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
14egFtnie•
City Hall Renovation
CF -104

BID BOND
CF -104 City Hall Renovation
The makers of this bond are,
DALKE & SONS CONSTRUCTION, INC.
as Principal, and
The Ohio Casualty Insurance Company
, as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Page 1032 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
lsfi�'r. urin
City Hall Renovation
CF -104
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 10th day of February , 2023, the name and corporate seal of each corporation.
(Corporate Seal)
(Corporate Seal)
Seal No. 8147
DALKE & SONS CONSTRUCTION, INC.

Barry Daike, Vice President
Title
The Ohio Casualty Insurance Company
Surety
Megan S. Bartman
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title Attorney -in -Fact 17

Page 1033 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
**See Attached**
City Hall Renovation
CF -104

STATE OF CALIFORNIA )
) ss.

Notary Public in and for said State
(SEAL)
Commission expires:

NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
18

Page 1034 of 1116 ends

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of axifouni North Carolina
County of Durham
On 9 )► D aoa3 before me,
ate
personally appeared Megan S. Bartman
Heather Secgrist
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r99ntt n i 6aa:/D�
SF,o
5 M [ . Exp.
'fF' ,
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS pry h d and official seal.

Signatu

OPTIONAL
Signature of Notary •u. is
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Document Date:

Number of Pages: Signer(s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: _
❑ Corporate Officer — Title(s): _
❑ Partner — 0 Limited ❑ General
❑ Individual tgi Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:

Signer Is Representing:

Signer's Name:
❑ Corporate Officer — Title(s): _
0 Partner — ❑ Limited 0 General
0 Individual 0 Attorney in Fact
0 Trustee 0 Guardian or Conservator
0 Other:

Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907

Page 1035 of 1116 ends

Liberty
Mutual®
SURETY
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8207365-018037
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Adam Pfanmiller, Bobbi D. Pendleton, Camille Smith, Christopher A. Lydick, David K. Liggett, Heather Segrist, James Holden Keen, Julia C. McElligott, Kenneth J. Peeples, Megan S. Barhnan, Michael McCreadie, Phoebe C. Honeycutt, Ronda Bush all of the city of Durham state of NC each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of Februan , 2022 .

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
By:

State of PENNSYLVANIA ss
County of MONTGOMERY
On this 18th day of February 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.

Commonwealth of Pennsylvania - Notary Seal
Teresa Pastella, Notary Public
Montgomery County
My commission expires March 25, 2025
Commission number 1126044
Member, Pennsylvania Association of Notaries
By:

David M. Carey, Assistant Secretary
Teresa Pastella, Notary Public
This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:

ARTICLE IV— OFFICERS: Section 12. Power of Attorney.

Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.

ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behaff of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary.

Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 10th day of February , 2023 .

By:

Renee C. Llewellyn, Assistant Secretary
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Page 1036 of 1116 ends

City of Beaumont
Request for bid
City Hall Renovation
CF -104

INFORMATION REQUIRED OF BIDDERS
CF -104 City Hall Renovation
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.*i NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 Name of Bidder: DALKE & SONS CONSTRUCTION. INC.

2.0 Type, if Entity: Corporation

3.0 Bidder Address: 4585 Allstate Drive
Riverside, CA 92501
(951) 274-0319 (951) 274-9880
Facsimile Number Telephone Number

4.0 License Information:
612500 B, C10 2/28/2025
License No.
1000003081
Class of License Expiration Date
DIR Registration No.

5.0 How many years has Bidder's organization been in business as a Contractor? 32 Years

6.0 -How many years has Bidder's organization been in business under its present name? 32 Years

5.1 Under what other or former names has Bidder's organization operated? N/A
22

Page 1037 of 1116 ends

City of Beaumont
Request for bid

E UMONT
CalifAda

7.0 If Bidder's organization is a corporation, answer the following:

7.1 Date of Incorporation: 12/19/1990

7.2 State of Incorporation: California

7.3 President's Name: Troy Dalke
City Hall Renovation
CF -104

7.4 Vice -President's Name(s): Barry Dalke, Todd Dalke, Calvin Dalke Jr.

7.5 Secretary's Name: Calvin Dalke Jr.

7.6 Treasurer's Name: Calvin Dalke, Jr.

8.0 If an individual or a partnership, answer the following

8.1 Date of Organization:

N/A

8.2 Name and address of all partners (state whether general or limited partnership):

N/A

9.0 If other than a corporation or partnership, describe organization and name principals: N/A

10.0 List other states in which Bidder's organization is legally qualified to do business.

California
23

Page 1038 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
Ca(igovua—
City Hall Renovation
CF -104

11.0 What type of work does the Bidder normally perform with its own forces? Demolition, Electrical, Doors & Frames, Landscaping & Irrigation Repairs, Wood Framing & Site Clean -Up

12.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why.

14.0 List Trade References:

Demolition Specialist, Inc., Cesar Monroy (951) 737-2077 Ondatje Contracting, Erron Ondatje (951) 403 -9297 —
Edward Graves & Associates, Ed Graves (909) 987-1144
Total Quality Construction, Sergio Guitierrez (951) 403-9297

15.0 List Bank References (Bank and Branch Address):

Wells Fargo Bank 9070 W. Glendale Avenue Glendale, AZ 85305 24

Page 1039 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT

16.0 Name of Bonding Company and Name and Address of Agent:

The Ohio Casualty Insurance Company
The McGriff Insurance Services
City Hall Renovation
CF -104
2400 E. Katella Avenue #1100 Anaheim, CA 92806
25

Page 1040 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT
B. LIST OF CURRENT PROJECTS (Backlog)
[**Duplicate Page if needed for listing additional current projects.**] Project
See Attached
Description of
Bidder's Work
City Hall Renovation
CF -104
Completion Cost of
Date Bidder's Work
Contact Name &
Phone
26

Page 1041 of 1116 ends

Current Projects
91-14 10 21701, abed

PROJECT NAME

OWNER, CONTACT, EMAIL &
PHONE #

SCOPE OF WORK
INITIAL COMPLFfE ON
DATE

INITIAL CONTRACT
AMOUNT
Sitework for Relo catables at Mentone
Elementary School & Redlands High
School
Redlands Unified School District
Ken Morse, Project Manager
(909) 307-5300 ken_morse@redlands .k12 .ca.us
Site Paving Modifications, Path of Travel, Concrete
TBD
$1,015,570.00
Hans Christensen Middle School Virtual
Academy Offices
Menifee Unidn School District
Nora Marquez, Purchasing Agent
Room alterations to rooms203, 601, 602, 609, 605 . Including: demolition, framing, drywall, doors & frames; glazing, paint, electrical, low voltage & HVAC returns TBD
$277.890 .00
Fullerton College Building 840, Restroom
Renovation
North Orange Community C ollege District
Jenny Ho, Director of Purchasing
(714) 808-4776 jho@noccd,edu
Renovation of existing restrooms
TBD
$816,686 .00
San Jacinto High School Video
Production Studio
i
San Jacinto Unified School District
Michael Collins, Facilities .;
(951) 929-7700 [email protected] .ca. us
Iterior Remodel - including (2) classrooms, & MDF ro om into a video production studio, audio & visual control rooms. Includes: Mechanical, Electrical, Fire Sprinkler's, & ADA Modification to Existing Room
.. TBD
$717,890.00
Etiwanda District Operation Center &
Fueling Station Bid - Cat #16 •
Etiwanda School District
Michael Higgins, Facilities Project Manager
(909) 899-2451 [email protected]
Construction of a new 26,946 Sq . Ft., single -story mixed use facility, with surface parking for 139 cars, remote uncovered storage yard and trash enclosure, a loading dock servicing a cold and dry storage warehouse, office spaces, a transportation walk bay with on -site automobile and bus circulation throughout TBD
$638,680.00
Colton High School, Theater Equipment
Replacement
Colton Joint Unified School District
' Joann Baeza, Purchasing
(909) 580-5000 [email protected]
r
Demolition of existing systems, new rigging systems, drapery, new wheelchair. lift.

Including: electrical , signage, reconstruction of ramp, replace door & hardware, assisted listening system, refurbish auditorium seating ,I
TBD
$924,480.00
Vintage Hills Elementary School
Mo dernization - Bid Package #1 General
Construction
Temecula Valley Unified School District
Janet Dixon, Director of Facilities (951) 506-7914
jdixon@tvusd. k12.ca.us `.

Reception Area and Media Center remodel, remodel of (2) unisex staff restrooms, selective finish floorreplacement, roof mounted HVAC units replacement, EMS system replacement, fire alarm system replacement, built-up roof patching, selective door hardware replacement
8/1/2023
A.B. Miller High School Bleacher
Replacement
Fontana Unified School District
Bill Gonzales, Facilities Project M anager
(909) 357-7528 [email protected]
Removal of existing bleachers & installation of new bleachers. ADA upgrades to boys & girls restrooms. Replace (2) drinking fountains . Striping & ADA upgrades to parking lot
1/11/2023
$787,680 .00
Labo ratory Casework Replacement at
Oragewood Continuation High School
Redlands Unified School District
Ken Morse, Project Manager
(909) 307-5300 [email protected]. ca. us
Demolition of existing laboratory casework and replacement . with new in science classrooms BI'dg. B, classroom 8 & Bldg. classroom 10.

TBD
$763,480.00

Page 1 of 2 ends

91. I- 1. 1° £1701- abed

PROJECT NAME

OWNER, CONTACT, EMAIL &
PHONE #

SCOPE OF WORK
Reno vation & Addition to Existing Fire Stati on Facility

INITIAL COMPLETION
DATE
TBD
'
8/8/2023

W MAL CONTRACT

AMOU NT
$6,253,955 .00
$1,232,480 .00
Fire Station #79 Rehabilitation Project
'
City of Coachella
Andrew Simmons (442) 256-5104
asimmons@coachella .org
District Wide Pool Scoreboards, General
Package J
Chaffey Joint Union High Scho ol District
Robert Slagle, Director of Operations & Planning
(909)988-8511
[email protected]
Colony -Provide New: Score Board & 1'rmng System. Including: Demo of Concr ete Pool Deck, Upgrades to Existing Shower, New Drinking Fountain &'New Bleachers.

Los Osos - Provide'New Scoreboards & Timing Systems . Intluding: Demo of Concrete Pool Deck, New Shade Structure, New Bleachers, Parki ng Upgrades & ADA Upgrades to Student & Staff Restrooms
Temecula Valley High Scho ol, Floor/Wall
& Hood Upgrades
Temecula Valley Unified School District
Janet Dixo n, Director of Facilities (951) 506-7914
[email protected] .us
TVHS - Fl oor Replacement in Bldg. 200 Library, Classroom 709, 713 . Replace Wall Finish in Bldg. 1200 .'BIdg. 300 Kitchen Hood, Replace Fire Suppression. VMHS - Kitchedn Hood, Replace Fire Suppression
TBD
$754,780 .00
Districtwide Warehouse Freezer
Replacement
P
Chaffey Joint Union High School District
Robert Slagle, Director of Operations & Planning
(909) 988-8511
robe [email protected]
Replacement of (2) Exterior Freezers.
8/17/2023
$332,890.00
CHP Arrowhead Area Office
Department of California Highway Patrol
Kenneth Lu, Project Manager
(916) 843-3800
[email protected]
Demo Asphalt Paving, Concrete, Curbs, Stair, Flatwork & Metal Railings. Modify Railings.. Minor Grading. Concrete Flatw ork . Drainage Structure . Seal Coat Asphalt & Striping
TBD
$338,760.00
Central Kitchen Cooler Upgrade
Rialto Unified School District
Ricardo Salazar, Purchasing
(909) 873-4326
[email protected]
Rent & Place Interim Freezer & Cooler. Remove & Replace Fire Sprinkler System within Bulk Walk -In Freezer. Remove & Replace Freezer Cooler. Demolition of Site.

Site Utilities. Rec onfigure Parking. New Fencing. ADA Signage 1/12/2024
$3,494,890.00
Etiwanda School District, Restroom
Building BP #1 - General Package
Chaff ey Jo int Union High School District
!Micliael Harrison, Directpr of Operatio ns; Planning & Facilities (909) 988-8511 •
[email protected]
Utility Tie -In of a Portable'Restroom Building, Undergr ound Utilities, Patch Back of Asphalt, Concrete Ramp & Landing, & Fire Alar m
3/7/2023
$549,680.00

Page 2 of 2 ends

City of Beaumont . City Hall Renovation
Request for bid B UMON CF -104
C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Project Client
Description of
Bidder's Work
See Attached
Period of
Performance
Cost of Bidder's
Work
Contact Name
& Phone
27

Page 1044 of 1116 ends

Completed Projects Past 3 Years
r

PROJECT NAME

OWNER, CONTACT, EMAIL &
PHONE #

SCOPE OF WORK

START DATE

COMPLETION DATE

FINAL CO NTRACT
AMOUNT
General Contracting Services JOC
Orange County, OC Public Works
Nicho las Murray, Deputy Purchasing Age nt
(714) 667-1659
One Year Co ntract (lime & Materials). Including: Variety of Construction Projects Thro ugh -Out the Co unty, Modernizatio ns, Renovation, Ne w Constructio n, Steel Fabrication s, Site & Buildings
12/12/2019
12/12/2022
$4,638,450.00
EDD San Bernardino Facility Upgrades
Department of General Services
: Bob Boben, Pro ject Director
1916) 879-2709 ro bert .bo [email protected]. gov
Upgrading: signage, doo r hardware, to ilet partitions/acce ssories, exterior storefront doors, AC - 1 serving the Tele com/Data Room,, LED lightfixtures in areas affecte d by the se ismic work, security panel, and adding new: seism ic wall anchorage,.cross tie s, anchorage and clips.

Exterio r work include s: demo and replace NW'entry sidewalk/ramp, new curbs, and accessible parking. •
9/1/2021
10/17/2022
$1,040,022.00
Moreno Valley College, Schoo l of Publi
Safety at Ben Clark Training Center - BC
*1 & BC #16
Riverside Community College District
M elissa Griffith, Purchasing
(951) 222-8864
melissa.griffith@ rccd.edu.

Bid Category 91- General Requirements. BidCategory#16 - Misc. Specialtie s 9/7/2021
9/16/2022
$764,960.00
Chaparral High School, Fire Alarm & Pool
Cat. #30A
Temecula Valley Unified Scho ol District
Janet Dixon , Directo r of Facilities (951)506-7914
. jdixo n@ tvusd.k12jca.us
Replastering the recreatio n poo l and replacement of a ssociated markers, replastering the competition pool and replace ment of associated markers, new 20'X60' PC shade structure, accessibility updates to the restrooms i
6/1/2022
8/1/2022
$1,685,047 .00
Troth Street Elementary School, Interim
Housing
Jurupa'Unified Schoo l District Jeffrey Lewis, Director of Centralized SupportServ. (951)360-4102'
jeff [email protected]

Minor demo litio n, relo cate existing'portable classroom, utilities, fire alarm, fencing, asphalt patchback,ADA'u6/7/2022
p Upgrades striping &signage
7/29/2022
$1,198,549 .00
Baldy Mesa Elementary Schoo l, Soffit
Replacement
Sno wline Jo int Unified Schoo l District
Karen Stevens (760) 868-5817
karen_steve ns@sno wlin escho ol. co m
Replacement of existing soffit
5/27/2022
7/5/2022
$673,206 .00
Jackso n Elementary Schoo l, Additions &
Alteration - BP #1 General Constructio n
Riverside Unified Schoo l Distric t
Jane Jumnongsilp, Director of Purchasing (951)
'' jj 352-6729
cju mn onsilp@ rusd.kl2. ca. us
Construction of New Two Sto ry Classroom Building. Alterati on to Bldgs . A, B, C, D, E, F, G,;H, M, N.

Relocation of (10) Existing Portables. Constr ucti on of New Staff Parking & Kindergarten Playgrolind Area. ADA Upgrades.

Removal of (6) Int erim H ousing Portables.
5/11/2020
.5/19/2022
$6,072,927.00
Facility Modifications @Santa Ana Bus
Base for 1-405 Toll Operations Center
Orange County Tran sportation Authority
Marjo rie Threats, Senior Contract Administrator (714)
560-5552
mthreats@ octa. net
Interior Renovati on to Server & Viewing Rooms
1/1/2021
4/25/2022
$847,552.00
Lake A rrowhe ad Conference Center LACC-
080
The Regents of the University of California Capital
Programs
One Year C ontract (Time &Materials). Including: Variety of Construction Projects Thr ough -Out the Facility, M odernizations , Renovation, New Construction, Steel Fabrications , Site & Buildings
2/24/2020
8/27/2021
$822,574 .00,
John L Go lden, HVAC Replacement -
Category #1 -General Co nstruction
Etiwanda Schoo l District
Michael Higgins, Facilities Project Man ag er
(909) 899-2451 michael_higgins@etiwanda .k12.ca.us
J ohn L Golden, HVAC Replacement- Categ ory #1 - General Construction 6/25/2021
8/3/2021
$916,027 .62

Page 1045 of 1116 ends

Page 1 of 3 ends

PROJECT NAME
OWNER, CONTACT, EMAIL. &
PHONE #

SCOPE OF WORK

START DATE

COMPLETION DA TE

FINAL CO NTRACT
AMOUNT
OC Sheriff Aliso Vie jo Parking Lot
1 Renovation
O range County Sheriff
Mindi Brow ner (714) 920-0141
mbrawner@ocsheriff. gov
Remov e and replace existing parking lot. Co ncrete Flatwork, PathofTravel, New

Trash Enclosure, New Car Wash Structure, Paint & Stripe 11/30/2020
6/2/2021
$892,227.00
Orange Wood Children & Family Center
Roof Replacement
Orange Co unty Public Wo rks
Don Nguyen, Pro ject Manager
(714) 380-7254
• don.nguyen@acpwo cgov.co m
Remove & replace roofs for buildings B, C & D. M isc. dry rot repair & painting 12/28/2020
5/19/2021
$692,077.90
Riverside MSF & Lighting Replacement
Pro ject
California Department of GeneralIServices, Real Estate
I Division, PMDB
Roland Aline a, Project Man ager
(916) 274-0126 [email protected]
Provide New Modular System Furnishing & Related New Lighting, Power & Signal Services. Accessibility Path of Travel Upgrades
1/2/2020
3/31/2021
$809,820 .99
Co llins Aerospace Systems (Time &
Material 2020)
Collins Aero space Systems, Goo drich Co rpo ratio n
Naren M ehta, Facilitie s En gineer (951) 351-5029
narendra. me hta2@ co llins.com
One Year Contract (Time & Materials). Including: Variety of Co nstruction Projects Thro ugh -O ut the Facility, Mo dernizatio ns, Ren ova tion, New Constructio n, Steel Fabrications, Site & Buildings
1/1/2020
12/31/2020
$1,250,128.00
Constructio n of Blo ck Wall at Mo ntvue
Elementary School
Po mona Unified School District
Jon athan Koyama, Director of Purchasing
(909) 397-4800 Jo nathan.Ko [email protected]. us
Construct a new CMU Wall
8/10/2020
12/9/2020
$317,788.00
HVAC Upgrades at Heme t & West Valley
High School
Heme t Unified School District
Mike Sattley, Dire ctor of Facilities & Planning
(951) 765-5100 [email protected]
.

Remo ve and Replace Existin g HVAC Units and Ductw ork at Two Sites 4/22/2020
11/17/2020
$3,031,164.96
Perris Operations Center, Paving &
Electrical Improvements
P
Mo reno Valley Unified School District .

Jo hn Nichols (951) 571-7690 jnichols@ mvusd.net
Install New Electrical Switchgear, Cons olidate Electric Met ers & PaveNE Corner of POC Site Wo rk. Includin g: Demo, Asphalt, Bollards, Concrete, Electrical, Fencing, Grading, Railin g, Landscape & Irrigation, Plumbing, Yard B ox Replacement, Signag e 5/23/2020
9/30/2020
$2,143,609 .25
Full Day Kindergarte n, Group 1 at Morgan
Elemen tary Sc hoo l & Dunn Ele me ntary
School
! Rialto Unified School District
George Palma, Facilities & Planning 909 421-7555
( )
'I IEmail:gpa lma@ rialto:k12.ca. us
Alterations of Existing Buildings, for use as Kindergarten Classr ooms . Incl uding the Additi on of New Restrooms,and Office Areas at Two Sites 6/1/2020
9/23/2020
$1,1,62,969
Menifee Valley Campu s Building 700
Renovation Project - Bid Package 62 -
General Miscellaneous
Mt. San Jacinto Community College
Tamara Cunningham, Directo r of Pro curement &
Ge nera l Services (951) 487-3116
[email protected]
Renovation of the Student Health Center . Incl udi ng: Demoliti on, C oncrete, Aspalt Paving, Structural Steel, Rough Carpentry, R oofing & Sheet Metal, Security Grills, Visual Display Boards, Toilet Partiti ons & Accessories, Guardrails, Signage, Metal$704,680.00 Lockers, Roller Window Shades, Marker & Tackboards
2/5/2020
9/4/2020
-
David W. Lo ng CSR Conversion
Etiwanda School District
Michae l Higgins, Facilities Project Manager
(909) 899-2451 [email protected] .us
Ren ovation of Classroom in Building "E ". Remov e & Install New Walls, Paint, Fl ooring, Carpet, Relocati on of Power, Data, Fire Alarm, Signage, Patch &Repair 5/22/2020
8/12/2020
$173,619.56

Page 1046 of 1116 ends

Page 2 ends

PROJECT NAME

OWNER, CONTACT, EMAIL &
PHONE #

SCOPE OF WORK

START DATE

COMPLETION DATE

FINAL CONTRACT

AM OUNT
High Schoo l, G irls Locke r Rooms
Roof Renov ation
Co lto n Joint Unified School District
• Colton :.
: Owen Chang, Dire ctor of Facilitie s
;] (904) 580-6642 o [email protected]
Upgrades of Accessibility. Includin g: ADA Signage, Path of Trave l, Upgrades to Restrooms & Fixtures, Replace Existing Deterio rated 24 GA. Vecto r Metal Deck, With New 18 GA. PLB-36 Steel Roof Deck, Seismic Upgrades, Replacement of Existing HVAC Unit, New Roof Fra ming & HVAC Curb
11/13/2019
5/8/2020
$584,910.93
i
Jones Who lesale Lumber Outdoor
Storage & Facility Building
Jones Wholesale Lumber Company, Inc.

John Cencak, Owner, Pre sident
(323) 567-1301 john.cencak@jo neswho lesale.com
Construction of a -New 88,000 sq. ft„ Storage Yard & New (2) Story 3,300 sq . ft. Office Building. Outdoo r Masonry Trash & Condenser Enclosure. Masonry Perim eter Retaining Walls. Parking Lot
1/21/2019
3/17/2020
$5,789,235.00
Victor Valle y College - One Stop Student
Services Center- BP. 66
Victor Valley Community College District
Stephen R. Garcia (760)245-4271
Steve. Garcia@v vc. edu
Fu rnishCabinetry,Ceilings Fl ooring
& Install Acoustical & Fling
8/19/2019
1 20 2
/ / 020
$497,320 .00

Page 1047 of 1116 ends

Page 3 of 3 ends

City of Beaumont
Request for bid BEAUMONT
cam
City Hall Renovation
CF -104
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person's job title, name and percent of time to be allocated to this project:

Kenneth McManaway, Project Manager: 25% of his time is allocated Andy Williams, Superintendent: 100% of his time is allocated Todd Dalke, Quality ControllSafety Manager: 10% of his time is allocated

2. Summarize each person's specialized education:

Kenneth McManaway: Has many training certificates in safety. scheduling, time management. & many others Andy Williams: Has certificates in safety, scheduling & CPR Todd Dalke: Has received certificates in project management, confined space safety & many others

3. List each person's years of construction experience relevant to the project:

Kenneth McManaway: Has over 28 years of construction experience Andy Williams: Has over 20 years of supervision experience Todd Dalke: Has over 31 years of construction experience

4. Summarize such experience:

Kenneth McManaway has been a Project Manager for over 12 years Andy Williams has been a Project Supervisor for over -7 years Todd Dalke has been our Q.C. / Safety Manager for over 22 years Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
28

Page 1048 of 1116 ends

City of Beaumont
Request for bid
Additional Bidder's Statements:

BEAUUMONT
City Hall Renovation
CF -104
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder DALKE & SONS CONSTRUCTION. INC.

Signature
Name and Title
Dated
Barry Dalke, Vice President
2/16/2023
29

Page 1049 of 1116 ends

City of Beaumont
Request for bid

BEAUMONT

NON -COLLUSION AFFIDAVIT
CF -104 City Hall Renovation
City Hall Renovation
CF -104
I, Barry Dalke , being first duly sworn, deposes and says that he is of Vice President the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I certify (or declare) under penalty of perjury under the e laws of the State of California that the foregoing is true and correct.

Name of Bidder DALKE & SONS CONSTRUC INC.

Signature.

Name and Title
Dated
Barry Dalke, Vice President
2/15/2023

NON -COLLUSION AFFIDAVIT
30

Page 1050 of 1116 ends

CALIFORNIA ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
}
On 2/15/2023 before me, Cindy Jackson. Notary Public
Date
Here Insert Name and Title of the Officer
personally appeared Barry Dalke
Namelal of Signerte
who proved to me on the basis of satisfactory evidence to be the persoq ) whose name(a) is/ale subscribed to the within instrument and acknowledged to me that he/3he/thcy executed the same in his/her/their authorized capacity i�sj', and that by his/hcr/their signature on the instrument the person,(a), or the entity upon behalf of which the person(gacted, executed the instrument.

CINDY JACKSON
Notary Public - California
Riverside County
Commission # 2433894
My Comm. Expires Jan 10, 2027
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my. and and official seal.

Signature

OPTIONAL
Sig- attire -or otary Public
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: City of Beaumont - City Hall Renovation CF -104 Document Date: 2/15/2023 Non -Collusion Affidavit Number of Pages: 1 Signer(s) Other Than Named Above: NO OTHER SIGNERS
Capacity(ies) Claimed by Signer(s)
Signer's Name: BarryDalke
® Corporate Officer — Title(s): VicePres rt
❑ Partner — 0 Limited 0 General
❑ Attorney in Fact
❑ Guardian or Conservator
❑ Individual
❑ Trustee
❑ Other:

Signer is Representing: Dalke&SonsConslrudion
Signer's Name:
❑ Corporate Officer — Title(s
❑ Partner — 0 Limited - General
❑ Individual 0 Attorney in Fact
❑ Trustee 0 Guardian or Conservator
❑ Other
Si. • is Representing:
azat.8:r n,i,e.; ..::.«,sq::airakei.- ?....iza4-4. -.:,_.n .D? .:k-ee....^u se...:.:..O..: a ralK s.. Hs .a. as -xr_..:m.. 424:.,: 4,ANNZONTH, :,_. -.a,VNI ©2019 National Notary Association

Page 1051 of 1116 ends

Addendum No. 1 — February 1, 2023

BEAUMBNT
City Hall Renovation
Addendum No. 1
RFB CF -104 (PW23-01)
CF -104- City Hall Renovation
This addendum is for the purpose of adding, clarifying, or deleting certain information to the construction contract documents as follows:

Additional Optional Job -Site Inspection to be held:

Date: Friday, February 3, 2023 @ 1:00 PM
Location: City of Beaumont, City Hall, Room 4, 550 E. 6th Street, Beaumont, CA 92223 Modify the following items wherever appearing in any drawing or sections of the specifications.

Acknowledge receipt of Addendum No. 1 in the space provided on the Bid Form. Failure to do so may subject bidder to disqualification.

ADDITION TO CONTRACT DOCUMENTS
The following Revised Specifications are hereby issued:

Section 08 71 00 — Door Hardware
Section 09 51 00 — Acoustical Ceiling -Lay -In
The following Revised Drawings are hereby issued:

A2.01 — Floor Plan — Demolition - Overall
A2.11 — Floor Plan — Remodel - Partial
A2.20 — Enlarged Floor Plans and Interior Elevations
A3.01 — Reflected Ceiling Plan — Demolition — First Floor A3.10 — Reflected Ceiling Plan — Remodel — First Floor
A4.01 — Roof Plan — Demolition
A4.10 — Roof Plan- Remodel
A6.10 — Building Sections
A7.01 — Interior Elevations
A7.02 — Interior Elevations
A7.03 — Interior Elevations
A9.30 — Finish Plan — First Floor and Schedule
A10.11 — Interior Details and Wall Types
A10.20 - Door and Window Details and Schedules
1

Page 1052 of 1116 ends

Addendum No. 1 — February 1, 2023

BEAUMONT
S8.01 - Section and Details
M0.02 — Mechanical Schedules
M2.01 — Mechanical Remodel Floor plan
M3.01 -Mechanical Remodel Roof Plan
M4.01 - Mechanical Details
P0.01 — Plumbing Legends Notes & Schedules
P2.02 — Plumbing Enlarged Remodel Plans
P3.01 — Plumbing Remodel Floor Plan
E4.01 - Lighting Remodel Floor Plan
E5.01 - Electrical Remodel Roof Plan
E6.01 - Electrical Details
Questions and Answers
RFB CF -104 (PW23-01)
CF -104- City Hall Renovation
Q1. Can you please advise engineers estimate & duration for the project? City of B eaumont Response: The engineer's estimate is not provided during bidding. Anticipated contract duration is 180 calendar days.

Q2. What is the estimated cost for this project?
City of Beaumont Response: The engineer's estimate is not provided during bidding.

Q3. Can you please confirm the job walk on Jan 26, 2023 @ 2:00pm for city Hall Renovation, project ID 4952758 .

City of Beaumont Response: The mandatory job -site inspection was held on Friday, January 20th, 2023 at 10:00 AM PST at City of Beaumont, City Hall, Room 4, 550 E. 6th Street, Beaumont, CA 92223.

Q4. Neither the RFB, Agreement, General Conditions or Special Conditions state the Contract Duration or the amount of Liquidated Damages. Please state such.

City of Beaumont Response: Anticipated contract duration is 180 calendar days. Liquidated damages are provided in the general conditions, GC43.

Q5. The General Conditions incorporates the Green Book, however the Special Conditions do not list any modifications thereto. Section 2-3.2 of the Green Book_requires that the prime contractor perform 50% of the work with his own forces. While this is possible on road & bridge projects, it is not possible on -building projects, particularly since this project does not have any earthwork or concrete work. Since the rough carpentry is clearly not 10% of the work, let alone 50% of the work it is just mathematically impossible.

City of Beaumont Response: There is no prime contractor 50% work requirement for this project.
2

Page 1053 of 1116 ends

Addendum No. 1 — February 1, 2023
EA MON
RFB CF -104 (PW23-01)
CF -104- City Hall Renovation
Q6. Specification 075216 SBS Modified Membrane Roofing seems to be a Tremco sole source spec, since there is no mention of "or equal" or alternate manufacturers named. Is it the City's intent that the specified product has characteristics exclusive or proprietary to Tremco with no known equal requiring a sole source designation? If an "equal" is submitted and rejected by the City as not equal, will the contractor be required to provide Tremco at no additional cost? In my experience, Tremco is usually at least double the cost of any other product.

City of Beaumont Response: Tremco is not sole sourced. See the General Conditions GC07 regarding "Or Equal" substitutions.

Q7. Has the Tremco rep examined the existing roof? They are usually very particular about how and over what their product is installed, especially things like roofing over the gym skylight? City of Beaumont Response: Tremco has not examined the roof.

Q8. Would you be able to send me the sign -in sheet for the job walk at Beaumont City Hall? City of Beaumont Response: Attached.

Q9. Section: 095100 Acoustical Ceiling Layin, Paragraph 2.2 material calls for Optima Tegular Edge Tile with # calling for a CAC of 40. The CAC of 40 is Not available in Optima. Please advise.

City of Beaumont Response: See revised Spec Section 09-51.00 issued with this_= Addendum 1.

Q10. In addition to their question, it was observed at the job walk that the existing ceiling tiles are an known brand or model. If the City wishes to match these tiles, a brand and model will be needed. The tile specified does not match the existing.

City of Beaumont Response: See revised Spec Section 09 51 00 issued with this Addendum 1
Q11. it says no substitution for paint only Vista but per PUBLIC CONTRACT CODE SECTION 3400-3410 it says all suppliers with equivalent products have to be considered and listed in the plans it states Dunn Edwards colors. Can you please clarify.

City of Beaumont Response: Substitutions are allowed. Delete Item 2.1 B from Specifications Section 09 90 00.

Q12. The Hazardous Material Report on page 11, Conclusions, states that approximately 2,000 sf of stucco (MTL #18) should be removed. Very little of this area is indicated to be disturbed by construction on the plans. Please indicate the boundaries of stucco to be removed.

City of Beaumont Response: Quantified material removal amounts are not provided in the report. See the report for the location of the samples taken and the contractor's responsibility for the areas that were not sampled.

Q13. The Hazardous Material Report does not address the re -roofing operation. Is there a separate report for the existing roofing and the metal objects on the roof? City of Beaumont Response: See the report for the location of the samples taken and the contractor's responsibility for the areas that were not sampled. • 7 •
3

Page 1054 of 1116 ends

Addendum No. 1 — February 1, 2023
BEAUMO
The following attachments are made part of this addendum:
• Job -Site Inspection Sign -In Sheet
• Plan Holder List
Date Received by Bidder:
2/8/2023
Dated: February 1, 2023
By:

RFB CF -104 (PW23-01)
CF -104- City Hall Renovation
By: DALKE & SONS CONSTRUCTION, INC.
(Bidder's Company Name)
(Bidder's Signature)
Barry Daike, Vice President
(Type or Print Name)
Bidder shall include a signed cope of this Addendum No. 1 with the bid proposal.

End of Addendum No. 1
4

Page 1055 of 1116 ends

Addendum No. 2 — February 7, 2023

BEAUMONT
City Hall Renovation
Addendum No. 2
RFB CF -104 (PW23-01)
CF -104- City Hall Renovation
This addendum is for the purpose of adding, clarifying, or deleting certain information to the construction contract documents as follows:

MODIFICATION TO CONTRACT DOCUMENTS
Modify the following items wherever appearing in any drawing or sections of the specifications.

Acknowledge receipt of Addendum No. 2 in the space provided on the Bid Form. Failure to do so may subject bidder to disqualification.

The following Additional Specifications are hereby issued:
08 51 13 Aluminum Windows
The following Revised Drawings are hereby issued:

A5.10 Exterior Elevations
A5.20 Exterior Elevations
A10.20 Door & Window Details and Schedules
Dated: February 7, 2023
By:

By:

Date Received by Bidder:

DALKE & SONS CONSTRUCTION, INC.
(Bidder's Company Name)
(Bidder's Signature)
2/8/2023 Barry Dalke, Vice President
(Type or Print Name)
1

Page 1056 of 1116 ends

Addendum No. 2 — February 7, 2023
RFB CF -104 (PW23-01)
CF -104- City Hall Renovation
Bidder shall include a si,wned co12. of this Addendum No. 2 with the bid proposal.

End of Addendum No. 2
2

Page 1057 of 1116 ends

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "C"
Insurance Certificates and Endorsements
(Insert behind this page.)
17

Page 1058 of 1116 ends

BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Jeff Hart, Director of Public Works
DATE March 21, 2023
SUBJECT: Improvement Deferral Agreement between Beaumont ESS, LLC, and the City of Beaumont
Description: Improvement Deferral Agreement between Beaumont ESS, LLC, and the City of Beaumont regarding delayed offsite improvements associated with the relocation of Southern California Edison (SCE) transmission power poles for the Terra -Gen Battery Energy Storage Project (PP2021-0335).

Background and Analysis:

On October 26, 2021, Planning Commission approved Plot Plan 2021-0335 (Project) for a 100 -megawatt lithium -ion stationery battery energy storage project located on the east side of Veile Avenue, west of Elm Avenue, south of Fourth Street, and north of First Street.

The Project was conditioned (Attachment A) to construct street improvements along their frontage for both Veile Avenue and Elm Avenue. More specifically, condition 64 regarding Veile Avenue states that:

64. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall construct half -width improvements for Veile Avenue, coincident with the project boundary and as necessary to safety transition to the existing improvements beyond the project boundary.

The improvements along Veile Avenue require the relocation of Southern California Edison (SCE) owned transmission power poles which are in conflict with the ultimate improvements. Relocation of transmission power poles are currently seeing delays of 9 months or more. Due to these delays, the developer has requested deferral of these improvements for up to one year from the date of the issuance of the Certificate of Occupancy, unless a time extension is granted by the City Manager as stated in the Deferral Agreement (Attachment B). The requested deferral agreement is in accordance with Beaumont Municipal Code section 17.11.050 which requires City Council approval.

Page 1059 of 1116 ends

Terms of the agreement require the developer to provide an improvement security to guarantee construction and completion of the off -site improvements. The improvement security shall be provided prior to the issuance of occupancy as stated in the agreement. Due to delays associated with relocating SCE's transmission poles, staff is able to support the developers request with the implementation of the agreement and improvement securities.

Fiscal Impact:

The cost of preparing the staff report is estimated to be $350. The developer will maintain all associated improvements during construction and maintenance period. The City is not liable for public improvement maintenance until the public improvements are accepted into the City's publicly maintained system.

Recommended Action:

Authorize the Mayor to execute a Deferral Improvement Agreement between Beaumont ESS, LLC, and the City of Beaumont regarding delayed offsite improvements associated with the Terra -Gen Battery Energy Storage Project.

Attachments:

A. PP2021-0335 Conditions of Approval
B. Cooperative Agreement

Page 1060 of 1116 ends

G j i

BEAUMONT
-C A L 1 F❑ R N 1 A -

CITY OF BEAUMONT

PLANNING DEPARTMENT

CONDITIONS OF APPROVAL
PLANNING COMMISSION DATE: October 26, 2021
PROJECT NAME: Beaumont Energy Storage Project
PROJECT NO.: PP2021-0335
DESCRIPTION: Operation of a battery energy storage facility.

APPLICANT: Beaumont ESS, LLC
LOCATION: 248 Veile Avenue
APN: 417-110-012, 417-130-012 & 417-130-005

PROJECT
Note: Any conditions revised at a hearing will be noted by strikeout (for deletions) and/or underline (for additions), and any newly added conditions will be added at the end of all conditions regardless of the Department originating the condition.

STANDARD CONDITIONS

1. The permit for the above referenced Plot Plan and property consists of all Conditions of Approval herein.

2. The use hereby permitted is for the operation of a battery energy storage facility located on Assessor Parcel Numbers 417-100-012, 417-130-012 and 417-130- 005.

3. The Community Development Director may approve minor modifications to Plot Plan PP2021-0335 that are in substantial conformance to the approved project and that do not increase impacts. All copies of the revised plans shall be dated and signed by the Director and made a part of the record.

4. Any modifications not considered in substantial conformance with PP2021-0335 are subject to separate review and approval by the Planning and Building Departments and may require additional permits and fees.

5. The permittee shall defend, indemnify, and hold harmless the City of Beaumont, the Beaumont Redevelopment Agency, its agents, officers, consultants, and employees from any claims, action, or proceeding against the City of Beaumont or its agents, officers, consultants, or employees to attack, set aside, void, or annul, an approval of the City of Beaumont, its advisory agencies, appeal boards, or legislative body concerning Plot Plan PP2021-0335. The City of Beaumont will

Page 1061 of 1116 ends

promptly notify the permittee of any such claim, action, or proceeding against the City of Beaumont and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Beaumont.

6. This approval is subject to the City of Beaumont Municipal Code Section 17.02.070 Plot Plans are subject to timing specified in Sections (I) Plot Plan Time Limits, and (J) Plot Plan Lapse in Time.

7. The development and uses entitled pursuant to the permit shall comply with the Beaumont Municipal Code and all other applicable City of Beaumont ordinances and state and federal codes. The development of the premises shall conform substantially with that as shown on the approved site plan, unless otherwise amended by these conditions of approval.

8. Administrative Plot Plan and business license application review and approval are required prior to building permit final.

9. Final inspections will be required prior to the start of operations by the City of Beaumont Departments including the office of the Fire Marshall and the Riverside County Flood Control District. All inspections shall be performed and approved before a Certificate of Occupancy will be issued.

10. If any of the conditions of approval are violated, or if the use otherwise become a public nuisance as set forth in the Beaumont Municipal Code, the Plot Plan permit may be revoked as prescribed in the Municipal Code.

11.A valid business license shall be maintained in force at all times.

12. The Community Development Director shall monitor the subject use to ensure that the scale of the use does not exceed the limitations of the existing site improvements. In the event the Community Development Director determines that the scale of the use has exceeded site limitations, a hearing shall be scheduled before the Planning Commission to review the permit and consider modification or revocation thereof.

13. After 12 months of operation, the subject matter may, at the discretion of the Community Development Director, be scheduled for review by the Planning Commission. The Commission shall retain the authority to amend these conditions of approval at such time, or to modify the use or revoke the permit if nuisance conditions result from the operation.

Page 1062 of 1116 ends

PP2021-0335
Draft Conditions of Approval

Page 3 ends

14. The project shall comply the outdoor lighting (night sky) requirements of Beaumont Municipal Code Chapter 8.50.

15. Outdoor storage of motor vehicles is prohibited.

16. No vehicles may be parked on sidewalks, parkways, driveways, or alleys.

Temporary parking is permitted within drive aisles 30 feet or greater in width as long as vehicles does not encroach into the required fire lane.

17. Battery racks and enclosures are prohibited from straddling any property lines, unless a parcel merger or lot line adjustment is submitted, approved and recorded.

18. The applicant shall be responsible for securing clearance, permits and approvals from all relevant agencies, including the Building Department, Fire Department, Public Works Department, and any other necessary departments or agencies.

19. This permit shall be for the benefit of the applicant in whose name the permit was issued, for the specific approved location. Transfer of the permit may be sought pursuant to Chapter 17.02.070 and 17.11.160 of the City of Beaumont Municipal Code.

20. Except for safety signage required by other provisions of law, signage is not approved as part of this project. Signage, in accordance with Beaumont Municipal Code, may be approved at a later date under a separate permit.

21. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, disease, vermin, and debris during the life of this project.

22. Prior to the issuance of a Building Permit, or Certificate of Occupancy (whichever occurs first), landscape plans shall be prepared by a Licensed Landscape Architect and submitted in conjunction with Building plan and this project shall be subject to all the requirements listed in Chapter 17.06. The plans shall indicate species, sizes and spacing of all shrubs, groundcover, and trees.

23. Prior to the issuance of a Certificate of Occupancy, all landscaping shall be installed, and irrigation shall be operational.

24. The landscape plans shall include 24" box trees on placed 40' on center along the Minnesota Avenue/Veile Avenue westerly frontage and along the entire easterly boundary of the project site.

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25. Prior to the issuance of a Certificate of Occupancy, the applicant shall construct an 8' high decorative concrete masonry block or decorative concrete tilt -up wall on the northern, western, and southern boundary of the project as shown in Plot Plan PP2021-0335 and consistent with Beaumont Municipal Code, Chapter

17.11.160.D.2, and subject to a separate building permit.

26. Prior to the issuance of a Certificate of Occupancy, the applicant shall construct a 9' high decorative concrete masonry block or decorative tilt -up wall on the eastern boundary of the project as shown in Plot Plan PP2021-0335 and consistent with Beaumont Municipal Code, Chapter 17.11.160.D.2, and subject to approval of Minor Variance V2021-0092 and a separate building permit. The 9' high wall will include an 8' high wall and 1' high berm.

27. Barbed wire, concertina and razor are strictly prohibited. Alternative toppers may be considered on a case -by -case basis, subject to approval by the Community Development Director.

28. An anti -graffiti coating shall be provided on all block walls, and written verification from the developer shall be provided to the City of Beaumont Planning Department.

29. Per Beaumont Municipal Code, Section 17.11.160.D.3, all structures, appurtenances, parking, and drive aisles shall be paved with asphalt or concrete.

30. Per Beaumont Municipal Code, Section 17.11.160.D.4, all outdoor facilities shall be in compliance with Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code.

31. Prior to the issuance of Building Permits for the project, a decommissioning plan, prepared to the satisfaction of the City of Beaumont, will be prepared for the project. The decommissioning plan will outline the scope, process, and timing of site decommissioning activities at the termination of project use, including the handling of any potentially hazardous materials in compliance with applicable regulations. The decommissioning plan shall be prepared in accordance with City of Beaumont Municipal Code Section 17.11.160, paragraph E Decommissioning.

32. Prior to demolition activities, a demolition permit must be obtained from the City of Beaumont. The demolition contractor will comply with City permitting requirements, which include compliance with South Coast Air Quality Management District (SCAQMD) Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities), which requires surveying of structures for asbestos containing materials and formal notification of SCAQMD prior to demolition activities. Rule 1403 also provides detailed remediation, handling, and disposal instructions. Disposal of asbestos containing materials must occur at a landfill that is permitted to receive

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such materials.

33. During demolition activities, the demolition contractor will comply with the California Division of Occupational Safety and Health (Cal/OSHA) Lead in Construction Standard, located in Title 8, California Code of Regulations Section 1532.1. This standard requires construction crews to evaluate lead hazards prior to the initiation of demolition activities, and incorporate appropriate control and evaluation measures, including employee training, air monitoring, dust control, and record keeping. Any debris or soil containing lead -based paint or coatings would be disposed of at landfills that meet acceptance criteria specific to the type of waste.

34. Contractors on the project site will be required to comply with the following construction standards to reduce noise:

A. The use of noise -producing signals, including horns, whistles, alarms, and bells, will be for safety warning purposes only.

B. Construction equipment will be muffed per manufacturer's specifications.

Electrically powered equipment will be used instead of pneumatic or internal combustion powered equipment, where feasible.

C. All stationary construction equipment will be placed in a manner so that emitted noise is directed away from sensitive receptors nearest the project site.

35. Nesting bird surveys shall be conducted by a qualified Biologist prior to any construction activities taking place during the nesting season to avoid potentially taking any birds or active nests. In general, impacts to all bird species (common and special status) will be avoided by conducting work outside of the nesting season (generally March 15th to September 15th), and conducting a worker awareness training. However, if all work cannot be conducted outside of the nesting season, a project -specific Nesting Bird Management Plan will be prepared to determine suitable buffers.

36. If, at any time, human remains or suspected human remains are identified within the Project Site, the Contractor will halt work in the immediate vicinity of the find and establish a buffer zone around the find. If the archaeological consultant is on - site, the archaeological consultant will oversee the level of protection. The City will be immediately notified and the City will contact the County Coroner (within 24 hours). The Coroner has the authority to examine the find in situ and make a determination as to the nature of the find:
a) If the remains are determined to be human, the Coroner will determine whether or not they are likely of Native American origin. If so, the Coroner will contact the Native American Heritage Commission and the Commission will name the Most Likely Descendent (MLD). In consultation between the

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City, Property Owner, MLD, and consulting archaeologist, the disposition of the remains will be defined. If there is a conflict, the Native American Heritage Commission with act as a mediator.
b) If the remains are determined to be archaeological, but not of Native American origin, the City, Property Owner and archaeological consultant will determine the management of the find and the removal from the site.

The Property Owner would be responsible for any costs related to the removal, analysis, and reburial.
c) If the remains are determined to be of forensic value, the Coroner will arrange for the removal of the remains and oversee the analysis and disposition.

37. The project will comply with the South Coast Air Quality Management District (SCAQMD) Rule 403, Fugitive Dust. The project developer will require construction contractors and subcontractors to employ the following enhanced dust control measures during construction to minimize particular matter (PM -10 and PM -2.5) emissions:
a. Suspend the use of all construction equipment during first stage smog alerts
b. Apply soil stabilizers such as hay bales or aggregate cover to inactive areas. c. Prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph.
d. Stabilize previously disturbed areas if subsequent construction is delayed. e. Water exposed surfaces and haul roads 3 times/day.
f. Cover all stockpiles with tarps.
g. Replace ground cover in disturbed areas quickly.
h. Reduce speeds on unpaved roads to less than 15 mph.
i. Trenches shall be left exposed for as short a time as possible. j. Identify proper compaction for backfilled soils in construction specifications. k. Cover all trucks hauling dirt, sand, or loose material or require all trucks to maintain at least two feet of freeboard.

I. Sweep streets daily if visible soil material is carried out from the construction site.

38. The project will comply with the performance measures and standard conditions of approval for energy storage facilities included in City of Beaumont Municipal Code Section 17.11.160, paragraph F Performance Measures and Standard Conditions of Approval, including:
a. Facilities shall not store any products, goods, materials, or containers outside of any building on -site.

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b. Facilities shall comply with Chapter 9.02 Noise Control of the Beaumont Municipal Code.
c. Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists.
d. Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility and the decommissioning plan shall be recorded against title to the to the property as a covenant running with the land.

BUILDING DEPARTMENT CONDITIONS

39. It shall be unlawful for any person to engage in or permit the generation of noise related to landscape maintenance, construction including erection, excavation, demolition, alteration or repair of any structure or improvement, at such sound levels, as measured at the property line of the nearest adjacent occupied property, as to be in excess of the sound levels permitted under Chapter 9 of the Municipal Code, at other times than between the hours of 7:00 a.m. and 6:00 p.m. The person engaged in such activity is hereby permitted to exceed sound levels otherwise set forth in this Chapter for the duration of the activity during the above -described hours for purposes of construction. However, nothing contained herein shall permit any person to cause sound levels to at any time exceed 55 dB(A) for intervals ofmore than 15 minutes per hour as measured in the interior of the nearest occupied residence or school.

FIRE DEPARTMENT CONDITIONS
With respect to the conditions of approval for the referenced project, the Fire Department requires the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards:

40. Fire Hydrants and Fire Flow: Prior to building permit issuance, offsite water improvements shall be required. Plans for the water system shall be submitted to the fire department for review and approval. The water system shall be capable of delivering the required fire flow of 1500 GPM at 20 PSI residual pressure for a 2 - hour duration. Fire hydrant(s) location and spacing shall comply with the fire code.

An approved water supply for fire protection during construction shall be made available prior to the arrival of combustible materials on site. Reference 2019 California Fire Code (CFC) 507.5.1, 3312, Appendices B and C.

41. Fire Department Access: Prior to building permit issuance, provide a site plan showing the fire lanes. Access roads shall be provided to within 150 feet to all portions of the exterior building walls and shall have an unobstructed width of not less than 24 feet. The construction of the access roads shall be all weather and

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capable of sustaining 75,000 lbs. GVW commercial developments. Approved vehicle access, either permanent or temporary, shall be provided during construction Ref. CFC 503.1.1, 3310.1 and 503.2.1

42. Construction plans shall be submitted to the Office of the Fire Marshal for review and approval. Final fire and life safety conditions, including operational use permitting, will be addressed when the Office of the Fire Marshal reviews these plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code, and related codes and standards, which are in effect at the time of building plan submittal. All applicable requirements of 2019 California Fire Code Section 1206 shall be complied with. Ref. CFC 105.4.1 and 105.4.1.1

43. Upon building plan review the fire code official may require technical assistance to determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to inspection by the fire code official, an opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the fire code official and shall analyze the fire safety properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon, to recommend necessary changes.

Ref. CFC 104.7.2

44. Prior to occupancy, buildings shall be provided with a Knox Box. The Knox Box shall be installed in an accessible location approved by the Office of the Fire Marshal. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. Ref. CFC 506.1

45. Prior to occupancy, all commercial projects shall display street numbers in a prominent location on the address side and additional locations as required. Ref.

CFC 505.1 and County of Riverside Office of the Fire Marshal Standard #07-01

46. Prior to occupancy, Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1

47. Prior to commissioning the site, the owner/operator shall provide a site orientation and training to Riverside County Fire Personnel based on the battery storage technology installed at the site.

POLICE DEPARTMENT

48. The address of the business shall be clearly visible from the front of the building and shall be illuminated during hours of darkness.

49. The applicant shall comply with all applicable local, county, state and federal

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regulations, including the City's Municipal Code and the California Business and Professions Code (B&P).

PUBLIC WORKS

GENERAL

50. The following is a non -inclusive list of items that may be required by the Public Works Department:

A. Plans:
a. Street Improvement Plan
b. Street Light Plan
c. Landscape Plan offsite/onsite
d. Precise Grading Plan
e. Erosion Control Plan
f. Retaining wall Plan (for line and grade only)
g. Sewer Improvement Plan
h. BCVWD Water Improvement Plan
i. Storm Drain Improvement Plan
j. Traffic Control Plan
B. Reports and Studies:
a. Geotechnical Report
b. Stormwater Pollution Prevention Plan (SWPPP)
c. Final Water Quality Management Plan (F-WQMP)
d. Offsite Improvement Engineer's Cost Estimate (ECE)
e. Grading Certification
f. Compaction Report
C. Permits and Agreements:
a. Permission to Grade and Construction agreements
b. Non-interference letters
c. WQMP Covenant and Agreement
d. City Grading Permit
e. City Dirt Haul Permit
f. City Encroachment Permit
g. Performance Bond
h. Labor & Material Bond
i. Maintenance Bond
D. Survey Documents:

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a. Right-of-way Dedications
b. Easement Dedications
c. Corner Record
d. Record of Survey

51. The design of public infrastructure elements shall conform to the requirements of the City General Plan, Water Quality Management Plan, Master Plans, City of Beaumont Standards, Riverside County Transportation Department (RCTD) Road Improvement Standards & Specification, Caltrans Standard Specifications and the Standard Specifications for Public Works Construction, current edition, as required by the City Engineer.

52. The design of private site improvements and grading work outside of road right of way shall conform to the latest edition of California Building Code and the City of Beaumont standards and practices.

53. All required plans and studies shall be prepared by a Registered Professional Engineer, Registered Professional Geologist or Registered Professional Surveyor in the State of California, and submitted to the Public Works Department for review and approval.

54. The Applicant shall coordinate with affected utility companies and obtain any permits as necessary for the development of this project.

55. The Applicant is responsible for resolving any conflicts with existing or proposed easements. All easement(s) of record and proposed easements shall be shown on the final map, grading plan and improvement plans, where applicable.

56. The Applicant shall obtain an Encroachment Permit, as required, for all work within the public right-of-way.

SURVEYING AND MAPPING

57. PRIOR TO START OF CONSTRUCTION: Where survey monuments exist, such monuments shall be protected or shall be referenced and reset, pursuant to Business and Professions Code, Sections 8700 to 8805 (Land Surveyors Act).

58. PRIOR TO ISSUANCE OF ANY BUILDING PERMIT: The applicant shall cause a surveyor to verify and/or set all property corners, r/w corners, and centerline monuments. The applicant shall cause a surveyor to file the appropriate documents and records to the County of Riverside.

59. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall provide an easement over, across and which provides ingress and egress to all private water quality, stormwater and drainage basins, to be dedicated to the City, for ingress,

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egress and right to inspect unless otherwise directed by the City Engineer.

60. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The applicant shall dedicate all right-of-way necessary for the construction of all streets, per separate instrument.

A. Veile Avenue is designated as a 2 -lane Arterial. The Applicant shall verify that the appropriate right-of-way exist and/or the Applicant shall dedicate all additional right-of-way necessary to achieve the required 40 -feet half -width right-of-way per General Plan.

B. Elm Avenue is designated as a local street. The Applicant shall verify that the appropriate right-of-way exist and/or the Applicant shall dedicate all additional right-of-way necessary to achieve the required 30 -feet half -width right-of-way.

C. Elm Avenue shall terminate along the project frontage. Additional right-of-way shall be dedicated to accommodate an offset cul-de-sac per the County of Riverside Std. 800/800A.

61. PRIOR TO ISSUANCE OF AN ENCROACHMENT PERMIT: The Applicant, at its sole expense, shall obtain all right-of-way or easement acquisitions necessary to implement any portion or condition of this project, including public improvements; off -site grading & construction; offsite street requirements; offsite sewer requirements; storm drain improvements; or any other requirement or condition.

STREET IMPROVEMENTS

62. PRIOR TO ISSUANCE OF ENCROACHMENT PERMIT: The applicant shall provide securities guaranteeing the payment of the cost for all public improvements. The securities shall include Faithful Performance and labor and materials for 100% of the approved Engineer's Cost Estimate (ECE).

63. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall underground existing utility poles along the project frontage, and as necessary for transitions, in accordance with the City of Beaumont. Should the utility poles be exempt from undergrounding, as identified in the Municipal Code i.e., 17.04.100 — Utilities and 12.16.060 — Types of Facilities Exempt, the applicant shall relocate the poles sufficient to construct the improvements required as part of the development.

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A. 6" Curb and Gutter per RCTD std. 200 @ 28 -feet east of centerline per RCTD std. 111. Curb height may be increased to mitigate the 10 -year storm event, as directed by the City Engineer.

B. Sidewalks shall be curb -adjacent type per RCTD std. 401, unless otherwise directed by the Planning Department.

C. Street structural sections shall be designed with a Traffic Index per soils recommendations (8.0 minimum). Soils investigations shall be used by the Engineer to determine an appropriate R -value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 5" AC/10" AB. Pavement shall be per Greenbook specifications with a base course of B -PG 64-10-RO and a minimum 2" thick final course of C2- PG 64-10-RO.

65. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall construct half -width improvements for Elm Avenue, coincident with the project boundary and as necessary to safety transition to the existing improvements beyond the project boundary. The improvements shall include:

A. 6" Curb and Gutter per RCTD std. 200 @ 20 -feet west of centerline per RCTD std. 105. Curb height may be increased to mitigate the 10 -year storm event, as directed by the City Engineer.

B. Sidewalks shall be curb -adjacent type per RCTD std. 401, unless otherwise directed by the Planning Department.

C. Street structural sections shall be designed with a Traffic Index per soils recommendations (5.5 minimum). Soils investigations shall be used by the Engineer to determine an appropriate R -value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 4" AC/8" AB. Pavement shall be per Greenbook specifications with a base course of B -PG 64-10-RO and a minimum 2" thick final course of C2- PG 64-10-RO.

66. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall construct an offset cul-de-sac at the terminus of Elm Avenue, along the project frontage, per RCTD std. 800(A). Drive approaches shall be provided for existing residential driveways connecting to cul-de-sac.

67. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall replace any sidewalk, curb and gutter, drive approach, AC pavement or other improvement damaged during construction as determined necessary by the City Engineer.

68. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant

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shall install public streetlights along the project frontage of perimeter streets, or as directed by the City Engineer, in accordance with the City of Beaumont Approved Street Lighting Specifications. The Applicant shall coordinate with Public Works before submitting street light plans.

69. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall have a Geotechnical Engineer investigate the existing roadway section of all streets coincident with the project frontage. The geotechnical report shall recommend one, or a combination of, the following conditions based on the existing condition and minimum requirements:

A. Perform a crack fill and slurry coat from street centerline to edge of gutter B. Grind (0.17' Min.) and overlay from street centerline to edge of gutter C. Full -section removal and replacement as necessary

70. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall design and install offsite landscaping and supporting irrigation system. All irrigation and landscaping associated with this project will be privately maintained.

GRADING AND DRAINAGE IMPROVEMENTS

71. PRIOR TO ISSUANCE OF A GRADING PERMIT: The stormwater generated within the development shall be captured into appropriate drainage facilities. The stormwater shall be treated per the requirements of the WQMP, if applicable. The drainage facilities shall be designed to accommodate a 100 -year storm flow event.

72. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall design all storm drains, catch basins, and storm water structures with trash capture devices that conform with the approved trash capture list issued by the State Water Board.

73. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) Construction General Permit for stormwater discharges associated with construction activities as required by the California Water Resources Control Board.

74. PRIOR TO ISSUANCE OF A GRADING PERMIT: A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the California Water Resources Control Board. The developer shall be responsible for implementation, monitoring, operation, and maintenance of the SWPPP until all improvements have been accepted by Public Works Department or construction is complete, whichever is later.

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75. PRIOR TO ISSUANCE OF A GRADING PERMIT: A copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) number from the State Water Resources Control Board shall be provided to the Public Works Department.

76. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall provide written evidence to the City Engineer that the appropriate California Department of Fish and Wildlife notification pursuant to Sections 1601/1603 of the California Fish and Game Code has taken place or obtain an "Agreement Regarding Proposed Stream or Lake Alteration" (Section 1601/1603 Permit) should any grading be proposed within or along the banks of any natural watercourse.

77. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall provide written evidence to the City Engineer that the alteration of any watercourse or wetland complies with the US Army Corps of Engineers (Corps) Nationwide Permit Conditions or obtain a permit under Section 404 of the Clean Water Act should any grading or construction be proposed within or along the banks of any natural watercourse or wetlands where the Corps has jurisdiction.

78. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall provide written evidence to the City Engineer that a permit was obtained under Section 401 of the Clean Water Act should any activities result in a discharge of fill material into waters of the United States.

79. PRIOR TO ISSUANCE OF A GRADING PERMIT: The applicant shall design temporary drainage facilities and erosion control measures to minimize erosion and silt deposition during the grading operation.

80. PRIOR TO ISSUANCE OF GRADING PERMIT: The applicant shall adhere to all Federal Emergency Management Agency (FEMA) regulations and requirements in the event that existing drainage patterns are affected by this development. The applicant shall submit to the City and to any governing Federal agency for review and approval, all necessary calculations.

81. PRIOR TO ISSUANCE OF A GRADING PERMIT: a final project- specific Water Quality Management Plan (F-WQMP) shall be submitted to Public Works Department. The WQMP shall incorporate, but not limited to, the following: site design BMP's, applicable source control BMP's, treatment control BMP's, long term operation and maintenance requirements, and inspection and maintenance checklist. Maintenance and funding requirements shall be outlined in the WQMP for the maintenance of the development BMP's. The post construction Best Management Practices (BMPs) outlined in the approved final project specific WQMP shall be incorporated in the improvement plans.

82. PRIOR TO ISSUANCE OF A GRADING PERMIT: the applicant shall record a "Covenant and Agreement" with the County Recorder establishing the requirement

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to implement and maintain the BMPs described in the approved project specific WQMP.

83. CONCURRENT WITH GRADING OPERATIONS: Any grading and/or utility excavations and backfilling, both on and off site, shall be done under the continuous direction of a licensed geotechnical/civil engineer who shall obtain all required permits and submit reports on progress and test results to the City Engineer for review and approval as determined by the City. Upon completion of all soils related work, the geotechnical engineer shall submit a final report to the City Engineer for review and approval, which may require additional tests at the expense of the applicant.

84. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY (COO): The Applicant shall provide adequate provisions to collect and convey all on -site drainage flows in a manner consistent with the historic drainage pattern and discharge in a manner which will not increase damage, hazard, or liability to adjacent or downstream properties.

85. PRIOR TO FOUNDATION TRENCHING: The applicant shall submit a soil compaction report to the City for review and approval.

86. PRIOR TO OBTAINING A BUILDING PERMIT: The applicant shall pay all applicable development fees as indicated on the fee schedule, current at the time of permit, available from the City, may including, but not limited to the following:

A. Fire Protection Impact
B. Police Facilities Impact
C. Public Facility
D. Streets and Bridges Impact
E. Traffic Signal Impact
F. Railroad X'ing Impact
G. General Plan
H. Emergency Preparedness
I. Recycled Water Facility
J. Sewer Application
K. Sewer Capacity
L. Sewer Area Benefit Fees
M. MSHCP
N. TUMF

SEWER IMPROVEMENTS

87. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): If the Project requires sanitary sewer services, the sanitary sewer system shall be designed and constructed to collect and convey sewage to the City's Wastewater Treatment Plant in accordance with the Master Sewer Plan, Beaumont Municipal Code,

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Eastern Municipal Water District (EMWD), and Health Department requirements.

88. PRIOR TO CONNECTING TO A PUBLIC SEWERAGE SYSTEM: The applicant shall pay all applicable sewer connection fees.

89. PRIOR TO CONNECTING TO A PUBLIC SEWERAGE SYSTEM: The applicant shall ensure that the downstream sewer facilities have sufficient capacity.

WATER IMPROVEMENTS

90. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall be responsible for obtaining potable water and reclaimed water for the development.

91. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall comply with the requirements of the Beaumont Cherry Valley Water District.

92. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall ensure all water valves and vault covers within paved areas are raised flushed with finished surface and painted after paving is completed.

93. PRIOR TO ISSUANCE OF OCCUPANCY PERMIT (COO): The applicant shall ensure all fire hydrants; air vacs and other above ground water facilities are placed outside of sidewalk areas. Water meter boxes and vaults, valve covers, etc. may be placed within sidewalks or paved areas provided such devices are set flush with the finished surfaces and are properly rated for chosen locations as approved by the City Engineer.

94. The Plot Plan approval shall take effect November 18, 2021.

End of Conditions

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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

IMPROVEMENT AGREEMENT
PLOT PLAN NO. PP2021-0335
DATE OF AGREEMENT: , 2023.

NAME OF DEVELOPER: BEAUMONT ESS,
COMPANY. (hereinafter referred to as "Developer").

LLC, a LIMITED LIABILITY
NAME/NUMBER OF DEVELOPMENT: PROJECT NO.: PP2021-0335
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
DEFERRED IMPROVEMENTS:
$ 2,414,107
EST. TOTAL COST OF PRIVATE DEFERRED
IMPROVEMENTS:
$ 0
(see Exhibit "B")
(see Exhibit "B")
BOND NUMBERS:

LETTER OF CREDIT NUMBERS:

FINANCIAL INSTITUTION:

THIS 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 BEAUMONT ESS, LLC, a DELAWARE LIMITED LIABILITY COMPANY (hereinafter

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referred to as "Developer"). City and Developer are sometimes referred to hereinafter individually as a "Party", and collectively as the "Parties".

RECITALS
A. Developer is the lessee 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 City of Beaumont Planning Commission approved Project PP2021-0335 (the "Entitlements") on October 26th, 2021 subject to Conditions of Approval, which are hereby incorporated herein in their entirety by this reference, that require certain street improvements requiring the relocation of existing utility poles owned and maintained by Southern California Edison ("SCE") which is anticipated to require additional time and which are, in pertinent part, described as follows:
"63. PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The applicant shall underground existing utility poles along the project frontage, and as necessary for transitions, in accordance with the City of Beaumont. Should the utility poles be exempt from undergrounding, as identified in the Municipal Code i.e., 17.04.100 — Utilities and 12.16.060 — Types of Facilities Exempt, the applicant shall relocate the poles sufficient to construct the improvements required as part of the development.

64.PRIOR TO ISSUANCE OF ANY OCCUPANCY PERMIT (COO): The Applicant shall construct half -width improvements for Veile Avenue, coincident with the project boundary and as necessary to safely transition to the existing improvements beyond the project boundary. The improvements shall include:

A. 6" Curb and Gutter per RCTD std. 200@ 28 -feet east of centerline per RCTD std. 111.

Curb height may be increased to mitigate the 10 -year storm event, as directed by the City Engineer.

B. Sidewalks shall be curb -adjacent type per RCTD std. 401, unless otherwise directed by the Planning Department.

C. Street structural sections shall be designed with a Traffic Index per soils recommendations (8.0 minimum). Soils investigations shall be used by the Engineer to determine an appropriate R -value and the pavement and base thickness based on the established Traffic Index. In no case shall the minimum pavement section be less than 5" AC/10"AB. Pavement shall be per Greenbook specifications with a base course of B -PG 64-10-RO and a minimum 2" thick final course of C2- PG 64-10-R0."( the "Deferred Improvements").

D. The parties acknowledge that SCE's existing 115kV utility poles on Veile Avenue are exempt from any undergrounding requirement pursuant to the Municipal Code sections

17.04.100 and 12.16.060. The parties further acknowledge that the installation of public

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streetlights required by Condition of Approval 68 and off -site landscaping and irrigation systems required by Condition of Approval 70 to be located along the frontage of the portions of Veile shall also be deferred until completion of the Deferred Improvements.

E. In consideration of the issuance of a certificate of occupancy ("Certificate of Occupancy"), by the City, prior to completion of the Deferred Improvements, Developer desires to enter into this Agreement, whereby Developer promises to install and complete, at Developer's own expense, the Deferred Improvements within the time required by this Agreement.

F. Improvement Plans (the "Plans") for the construction, installation, and completion of the Deferred Improvements have been prepared by Developer 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 Entitlements. 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.

G. An estimate of the cost for construction of the Deferred Improvements 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".

NOW, THEREFORE, in consideration of the issuance of the Certificate of Occupancy, Developer and City hereby agree as follows:

1. Developer's Obligation to Construct Improvements and Prerequisite to Issuance of Certificate of Occupancy.
(a) In constructing and installing the Deferred Improvements, Developer shall comply with all of the requirements and conditions of approval of in the Entitlements as well as the provisions of the Beaumont Municipal Code.
(b) Developer shall complete, at its own expense the Deferred Improvements, as required by the conditions of approval of the 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 twelve (12) months of the date of the issuance of the Certificate of Occupancy, unless a time extension is granted by the City Manager as authorized by Section 20 of this Agreement.

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(c) If the Public Improvements are not completed as required by this Agreement, the Planning Commission may after a public hearing terminate the Certificate of Occupancy for the Project.
(d) Developer shall furnish all necessary labor and materials for completion of the Deferred Improvements in conformity with the Plans and City Standards. (e) Developer shall acquire and dedicate, or pay the cost of acquisition by the City, of all right-of-way, easements and other interests in real property required for construction or installation of the Deferred Improvements, free and clear of all liens and encumbrances.

Developer'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 Developer and City. Developer shall also be responsible for obtaining any public or private drainage easements or other access_authorizations therefor to accommodate the Development. (f) A Certificate of Occupancy shall only be issued after this Agreement has been executed, all otherapplicable requirements for a Certificate of Occupancy have been met and Developer's obligations to construct the Deferred Improvements have been secured pursued to Section 2 of this Agreement.

2. Improvement Securities.
(a) Developer 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 the Deferred Improvements in the Project. 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 the Project constructed by Developer. 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) Two million four hundred fourteen thousand one hundred seven DOLLARS ($2,414,107) 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) Two million four hundred fourteen thousand one hundred seven DOLLARS ($2,414,107) 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) Two hundred forty-one thousand four hundred ten DOLLARS ($241,410) in the form of a Warranty Bond or cash deposit with the City to guarantee or warranty the

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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 Developer to City prior to the City's release of any bonds or Improvement Securities filed with this Agreement.
(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 referenced on Page One (1) of this Agreement, are incorporated into this Agreement by this reference as if set forth fully herein. If any Improvement Security is replaced by another type or kind of approved Improvement Security, subject to the approval of the form thereof by the City Attorney, the replacement shall be filed with City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a satisfactory replacement Improvement Security with the City Clerk, the former Improvement Security shall be released. (c) Developer agrees to keep its Improvement Securities in full force and effect until they are reduced or released by City. If any Improvement Security provided by Developer is cancelled or terminated for any reason by the action of a surety, financial institution or other party, it shall be the responsibility of the Developer to immediately, upon written notice from City, provide a substitute Improvement Security which conforms to all the requirements of this Section 2 in the same amount or amounts.
(d) Any additions, changes, alterations, or modifications of this Agreement or to the Plans, Specifications and Deferred Improvements referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the Improvement Security given in connection with this Agreement.

3. Alterations to Improvement Plans; Modification of City Standards. (a) Any changes, alterations or additions to the Plans or to the Improvements, not exceeding 10% of the original estimated cost of the Improvements, which are mutually agreed upon by City and Developer, shall not require Developer to increase any Improvement Securities provided under this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the Improvements, Developer shall provide additional Performance Security as required by Section 2 of this Agreement for 100% of the total estimated cost of the Deferred Improvements as changed, altered, or amended, minus any completed partial releases allowed by Section 7 of this Agreement. Developer shall also provide additional Labor

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& Materials Security as required by Section 2 of this Agreement for one hundred percent (100%) of the total estimated cost of the Deferred Improvements as changed, altered, or amended. (b) Developer shall construct all Deferred Improvements in a good and workman like manner and in accordance with the City Standards in effect as of the date of the issuance of building permits for the Deferred Improvements. The City reserves the right to modify the Standards applicable to the Deferred Improvements and this Agreement, when necessary to protect the public safety or welfare or to comply with applicable State or Federal law or City zoning ordinances except that Developer shall not be subject to the modified Standards to the extent it has commenced construction of the street improvements in reliance on a City -issued building permit. If Developer requests and is granted an extension of time for completion of the Deferred Improvements, the City may apply the Standards in effect at the time the extension is granted unless construction has commenced on the Deferred improvements in reliance on a City -issued building permit.

4. Modification of Drainage Plan. Developer agrees that if during the course of construction and installation of Deferred Improvements it shall be determined by the City Engineer that minor revision of the drainage plan is necessary in the public interest due to changed field or boundary conditions, it will undertake such design and construction changes as may be reasonable and as are indicated by the City Engineer and approved by City.

5. Reserved.

6. Inspections; Final Acceptance and Certification of Deferred Improvements. (a) Developer shall at all times maintain proper facilities and safe access for inspection of the Deferred Improvements by City inspectors and to the shops wherein any work is in preparation.
(b) Upon completion of the Deferred Improvements covered in this Agreement, the Developer shall request a final inspection by the City Engineer or his/her authorized representative. Following receipt of such request, the City Engineer shall inspect the Deferred Improvements, make certain determinations and take certain actions as follows:
(i) If the City Engineer, or his/her authorized representative, determines that the Public Deferred Improvements requiring acceptance by another public agency or utility have been completed in accordance with this Agreement, then the City Engineer shall request said agency or utility to make a final inspection of such improvements and certify to the City that such improvements have been completed and installed to the satisfaction of said utility or agency. Upon receipt of such certification, the City Engineer may release or reduce the securities held for such improvements. Any certification and/or acceptance of the Public Deferred Improvements shall not constitute a waiver of any defects by City.

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(ii) For Deferred Improvements not requiring dedication to or acceptance by the a public agency (the "Private Deferred Improvements"), if any, the City Engineer or his/her authorized representative shall inspect such improvements, and/or shall have the discretion to accept a certification from Developer's registered civil engineer stating that the Private Deferred Improvements have been completed in accordance with the approved Plans, City Standards and the Entitlements. If the City Engineer, or his/her authorized representative, makes a finding, based on his/her own inspection (and/or any certification submitted by Developer's registered civil engineer) that the Private Deferred Improvements have been installed and constructed in accordance with the approved Plans, City Standards and the Entitlements, the City Engineer shall recommend certification of the completion of the Private Deferred Improvements by placing an item on the next most convenient City Council agenda requesting certification and authorization to release the Improvement Securities. Said determination by the City Engineer and agendization of the certification and release shall not be unreasonably withheld or delayed. (c) Developer shall bear all costs of inspection and certification of the Deferred Improvements.

7. Release of Improvement Securities.
(a) The Performance Security shall be fully released only upon the final completion and certification of all Private Deferred Improvements and Public Deferred Improvements.

Partial releases may be permitted subject to the provisions of Subsections (a)(i) and (a)(ii) hereof. Upon final completion of the Public and Private Deferred Improvements under this Agreement, and after City Council acceptance/certification, the City shall file a Notice of Completion in accordance with the California Civil Code. (i) The City Engineer may release a portion of the Performance Security, as work on the Deferred Improvements progresses, upon written application thereof by the Developer; provided, however, that no such release shall be considered by City for an amount where the cost estimate of the remaining work exceeds twenty five percent (25%) or less of the estimate of the total amount of work to be done as shown in Exhibit "B".

Upon approval of a partial release or the reduction of Performance Security, the City shall not reduce such Performance Security to an amount less than two -hundred -percent (200%) of the value of the work remaining to be done. City and Developer agree that not more than two requests for reduction or partial release of Performance Security shall be considered between the start of construction and the completion and acceptance/certification of the Deferred Improvements by the City. (ii) In no event shall the City Engineer authorize a release or reduction of the Performance Security which would reduce such security to an amount below that required to guarantee the completion of the Deferred Improvements and any other obligations imposed upon Developer by this Agreement.

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(iii) No partial reduction or release of the Performance Security shall constitute or be construed as the City's acceptance or certification of any Deferred Improvements or related work. Such partial reductions or releases (if any) will merely reflect that a certain portion of the required work has been done.
(b) The Labor & Materials Security shall, ninety (90) days after the City's recordation of the Notice of Completion described in Subsection 7(a), be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the Labor & Materials Security and to cover related legal costs. The balance shall be released upon the settlement of all claims and obligations for which the Labor & Materials Security was given. If no claims or liens have been filed and no notice has been given to City within said ninety (90) day period, then the Labor & Materials Security shall be released in full.
(c) The Warranty Security shall not be released until after the expiration of the one-year (1 -year) warranty period and until any claims filed during the warranty period have been settled.

As provided in Section 11, below, the warranty period shall not commence until final acceptance/certification of the Deferred Improvements and related work by the City Council. (d) The City may retain from any Improvement Securities released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.

8. Injury to Public Improvements, Public Property or Public Utilities Facilities.

Developer shall replace or repair, or cause the repair or replacement of any and all public orprivate improvements, public utilities facilities and survey or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Developer shall bear the entire cost of replacement or repairs of any and all public or private improvements or utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be made to the reasonable satisfaction, and subject to the approval of the City Engineer and the owner of any such public or private improvement.

9. Permits. Developer shall, at Developer's expense, obtain all necessary permits and licenses for the construction and installation of the Deferred Improvements, give all necessary notices and pay all fees and taxes required by law.

10. Notice of Breach/Default of Developer.
(a) Default of Developer shall include, but not be limited to: (1) Developer's failure to timely complete construction of the Deferred Improvements; (2) Developer's unwarranted failure to timely cure any defect in the Deferred Improvements; (3) Developer's failure to perform

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substantial construction work for a period of twenty (20) consecutive calendar days after commencement of the work; (4) Developer's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Developer fails to discharge within thirty (30) days; (5) the commencement of a foreclosure action or termination of lease procedure against the Property or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; (6) Developer's failure to keep the Improvement Securities in full force and effect; (7) Developer's failure to notify the City of any sale, transfer or other disposition of the Property to a purported new Developer; (8) Developer's failure to maintain insurance; or (9) the failure of Developer or Developer's contractors, subcontractors, agents or employees to comply with any other terms and provisions of this Agreement.
(b) In the event of any such default, the City Engineer or the City Council may serve written notice to Developer specifying in reasonable detail the nature of the default. Developer shall have thirty (30) days from receipt of said notice to cure the default; provided that, if the default is not reasonably susceptible to being cured within said thirty (30) days, Developer shall have a reasonable period of time to cure the default so long as Developer commences to cure the default within said thirty (30) days and diligently prosecutes the cure to completion. (c) If following service of such written notice of default, Developer fails to cure or commence curing the default to the satisfaction of City within the cure period specified in Subsection 10(b), above, the City Engineer or the City Council may serve notice of Developer's default upon Developer and where applicable Developer's surety, or the holder(s) of any other Improvement Securities, in accordance with the notice provisions set forth in Section 22 of this Agreement.
(d) In the event of service of the notice of default specified in Subsection 10(c), above, Developer's surety shall have the duty to take over and complete the Deferred Improvements and related work required under this Agreement; provided; however, that if the surety, within twenty (20) days after the serving upon it of such notice of default, does not give the City written notice of its intention to take over the construction of said Deferred Improvements or does not, within ten (10) days after giving City notice of such election, commence to complete the Deferred Improvements, City may take over the work and prosecute the Deferred Improvements to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer's surety shall be liable to City for any costs or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the Deferred Improvements, such materials, appliances, plant and other property belonging to Developer as may be on the site of the work and necessary for the completion of same.
(e) The City reserves to itself all remedies available to it at law or in equity for Developer's default under this Agreement. The City shall have the right, subject to this Section, to draw upon or utilize the appropriate Improvement Securities to mitigate City's damages in event of default by Developer. The right of City to draw upon or utilize the Improvement Securities is

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additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and amounts of Improvement Securities may not reflect the actual cost of construction or installation of the Deferred Improvements, and therefore, City's damages for Developer's default shall be measured by the actual cost of completing the required Deferred Improvements. The sums provided by the Improvement Securities may be used by City for the completion of the Deferred Improvements in accordance with the Plans. (f) Failure of Developer to comply with the terms of this Agreement, including but not limited to, construction of all the Deferred Improvements as set forth herein and as required by the Entitlements, shall constitute Developer's consent to: (1) the filing by City of a notice of violation against all of the lots in the Subdivision; (2) withholding of Building permits, utility connections and/or Certificates of Occupancy. The remedies provided by this Subsection (f) are in addition to and not in lieu of any other remedies available to City at law or in equity. Developer agrees that the choice of remedy or remedies for Developer's default or breach shall be in the sole discretion of City.
(g) In the event that Developer fails to perform any obligation hereunder, Developer agrees to pay all costs and expenses incurred by City in securing performances of such obligations, including costs of suit and reasonable attorney's fees. (h) The failure of City to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach, or of any subsequent default or breach of Developer. Any failure by the City to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision(s) and further shall not act to release any surety from its obligations under this Agreement.

11. Warranty.
(a) For a period of one (1) year after final acceptance/certification by the City Council of the Deferred Improvements, Developer shall guarantee or warranty all the Deferred Improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work relating to the Deferred Improvements or any part of thereof furnished, installed, constructed or caused to be done, furnished, installed or constructed by Developer fails to fulfill any of the requirements of this Agreement or the Plans, Developer shall without delay and without any cost to City, commence to repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure within thirty (30) days of receiving written notice from City of the defect and diligently prosecute the repair or replacement work to completion.
(b) Should Developer fail to act promptly or in accordance with the repair/replacement requirements set forth herein, Developer hereby authorizes City, at City's option, to perform the repair/replacement work twenty (20) days after mailing written notice to Developer and to Developer's surety, and Developer agrees to pay City for the cost of such work.

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(c) Should the City determine that an emergency or a threat to the public safety and welfare exists from the condition of the Deferred Improvements which require repairs, replacements or remedial measures to be made before Developer can be notified, City may, in its sole discretion, make the necessary repairs or replacements or perform the necessary work and Developer shall pay to City the cost of such repairs.

12. Developer Not Agent of City. Neither Developer nor any of Developer's agents, officers, employees, or contractors are or shall be considered to be agents of City in connection with the performance of Developer's obligations under this Agreement.

13. Injury to Improvement Work; Risk of Loss. Until such time as the Public Deferred Improvements are accepted by City, Developer shall be responsible for and bear the risk of loss to any of the Public Deferred Improvements constructed or installed and shall be responsible for the care, maintenance of and any damage to such Public Deferred Improvements. Neither City, nor any of its agents, officers or employees shall be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the Public Deferred Improvements specified in this Agreement prior to the completion and acceptance of the Public Deferred Improvements by City. All such risks shall be the responsibility of and are hereby assumed by Developer. Developer is responsible for and shall bear the risk of loss for all Private Deferred Improvements at all times.

14. Other Agreements. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the Parties, or from entering into agreements with other Developers for the apportionment of costs of water and sewer mains, or other Deferred Improvements, pursuant to the provisions of City ordinances providing therefor, nor shall anything in this Agreement commit to any such apportionment.

15. Developer's Obligation to Warn Public During Construction. Until final acceptance/certification of the Public Deferred Improvements pursuant to Section 6(b)(i), and final certification of construction of the Private Deferred Improvements pursuant to Section 6(b)(ii), Developer shall give good and adequate warning to the public of each and every dangerous condition existent in said Deferred Improvements, and will take all reasonable actions to protect the public from such dangerous conditions in, on or around the work site.

16. Vesting of Ownership. Upon acceptance of the Public Deferred Improvements and related work on behalf of the City, and after recordation of the Notice of Completion, ownership of the Public Deferred Improvements shall vest in the name of the City, or applicable government agency or utility company, and any improvement constructed on any public street pursuant to this Agreement shall vest in City.

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17. Indemnity/Hold Harmless.
(a) Neither the City, nor any official, officer, employee, contractor or agent thereof, shall be liable for any injury to persons or property occasioned by reason of the acts or omissions of Developer, its agents, subcontractors or employees in the performance of this Agreement.

Developer hereby agrees to, and shall defend and hold harmless City, its elective and appointive boards, commissions and officers, and its agents, contractors and employees from and against any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, consultant's fees, expert's fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Developer's operations, or any subcontractor's operations, to be performed under this Agreement for Developer's or subcontractor's tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Developer or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by law, with the exception of the sole negligence or willful misconduct of City. (b) Developer's indemnity, defense and hold harmless obligations under this Section 17 are not conditioned or dependent upon whether City, or its elective and appointive boards, commissions and officers, or its agents, contractors and employees, prepared, supplied or reviewed any Plans or related specifications in connection with the Deferred Improvements, or whether City or Developer has insurance or other indemnification covering any of these matters. (c) Developer's obligation to indemnify, hold harmless and defend City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Deferred Improvements. City's acceptance and/or certification of the Deferred Improvements shall not constitute an assumption by City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Deferred Improvements constructed or installed pursuant to the Plans, unless the particular Improvement design was required by City over the written objection of Developer, which objection stated that the Improvement design was potentially dangerous or defective and set forth a safe and feasible alternative design. After City's acceptance/certification of the Deferred Improvements, Developer shall remain obligated to correct or eliminate all dangerous conditions caused by defects in design or construction; provided, however, that the Developer shall not be responsible for routine maintenance. Developer acknowledges and agrees that Developer shall be responsible and liable for the design and construction of the Deferred Improvements and other work done pursuant to this Agreement, and except as may be provided above, City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting or modifying any Plans, or in inspecting, reviewing or approving any work or construction of Deferred Improvements. Developer's Improvement Securities shall not be required to secure Developer's obligations under this Section 17.

18. Sale or Disposition of Project; Assignment.

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(a) Developer acknowledges and agrees that sale, transfer or other disposition of the Property prior to completion of the Deferred Improvements required hereunder will not relieve Developer from the obligations set forth in this Agreement, and Developer shall be required to notify City sixty (60) days in advance of any sale or transfer of ownership of the Property or any proposed assignment of this Agreement. If Developer sells or otherwise transfers the Property to any other person or entity prior to final completion of the Deferred Improvements, or wishes to assign this Agreement, Developer may request a novation of this Agreement and a substitution of Improvement Securities by the new owner or proposed assignee (hereinafter collectively for purposes of this Section, "Successor"). Developer shall be required to provide any documentation reasonably required by City to determine the appropriateness of any proposed Successor. (b) Any proposed Successor must demonstrate to the City its ability to perform and complete the obligations of Developer under this Agreement, as determined by objective standards of financial capability, creditworthiness and experience required for such performance, and the City shall have the right to compel the Successor to disclose all documents, information and other material which, in City's sole reasonable discretion, may establish or tend to establish that the proposed Successor meets the standards specified herein. Following approval by City and full execution of a novation (or other such release or assignment and assumption agreement(s) entered into by Developer, Successor and City), posting of satisfactory Improvement Securities and submission of required insurance by Successor, City shall release or reduce the securities posted by Developer in accordance with the provisions of such novation and release Developer of its obligations under this Agreement. Nothing in the novation (or other such release or assignment and assumption agreement entered into by Developer, Successor and City) shall relieve Developer of its obligations under any other Section of this Agreement for work or Deferred Improvements performed by Developer prior to the novation.

19. Time of the Essence. Time is of the essence in this Agreement.

20. Time for Completion of Deferred Improvements; Extensions. (a) Developer shall commence and diligently prosecute to completion construction of all the Deferred Improvements required by this Agreement. The City Manager may grant an extension of time for up to one period of one year as may be in the public interest upon the showing of the Developer of good cause. Any such extension granted shall be subject to the limitations and conditions set forth in Subsections 20(b) and (c), below, and shall be made by a writing executed by the in a form as approved by the City Attorney. (b) Any such extension may be granted without notice to Developer's surety and shall not affect the validity of this Agreement or release the surety or sureties on any Improvement Securities given for this Agreement. However, City reserves the right to require as part of any extension amendment a written assurance from the surety acceptable to the City Attorney that the Improvement Securities required by Section 2 of this Agreement shall remain enforceable throughout the term of any extension.

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(c) The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. In addition, the time for completion of the Deferred Improvements shall be extended for any delay resulting from an act of City, or from an act of God, which Developer could not have reasonably foreseen, or by storm or inclement weather which prevents the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by Developer, provided that Developer provides City with written notice of the delaying event within fifteen (15) days of the commencement of the delay. In the event of such delaying event, Developer shall use all reasonable efforts to remedy same and resume completion of the Deferred Improvements as promptly as practicable. (d) As a condition of granting an extension of time to complete the Deferred Improvements required by this Agreement, the City Manager may require Developer to furnish new or additional Improvement Securities guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer.

21. Notice. All notices required by or provided for under this Agreement shall be in writing and delivered in person or sent by certified or registered mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with City:

Notice to City: City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
Attn: City Manager
With a Copy to: John Pinkney, Esq.

SBEMP
1800 East Tahquitz Canyon Way
Palm Springs, CA 92262
Notice to Developer: Mark Turner
Vice President
Terra -Gen
11455 El Camino Real, Suite 160
San Diego, CA 92130

22. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement

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shall remain in full force and effect unless amended or modified in writing by the mutual consent of the Parties.

23. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement.

24. Insurance.
(a) Developer shall, at all times during the construction of the Deferred Improvements, obtain, carry, maintain, and keep in full force and effect, at its sole cost and expense, policies of insurance of the types and in at least the minimum amounts described below:
(i) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury and property damage arising out of or in connection with the activities of the Developer and its contractors and subcontractors in performance of the work under this Agreement. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for independent contractors, ongoing operations, products and completed operations, contractual liability and personal and advertising injury. (ii) Commercial Vehicle/Automotive Liability policy covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle utilized by Developer, its officers, agents, employees, subcontractors or independent contractors in performing the work required by this Agreement.
(iii) Workers' Compensation and Employer's Liability policy for all Developer's employees, with Workers' Compensation limits as required by State law and Employer's Liability coverage of $1,000,000 per accident for bodily injury or disease. In case any work is sublet, Developer shall require any contractor or subcontractor similarly to provide Workers' Compensation and Employer's Liability Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Developer.
(1) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workers' Compensation law, Developer shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.

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(2) Developer hereby indemnifies City for any damages or claims resulting from failure of either Developer or any contractor of subcontractor to take out or maintain such liability or Workers' Compensation insurance.
(b) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California -admitted insurer with a rating of at least a A-; VII in the latest edition of Best's Insurance Guide. A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Developer, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Developer, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
(c) Deductibles. Any deductibles or self -insured retentions must be declared in writing by Developer to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder. At City's option, Developer shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Developer shall procure a bond guaranteeing payment of losses and expenses. (d) Certificates and Endorsements Verification. Developer shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time and/or to require Developer to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section.
(e) Required Endorsements.
(i) The Commercial General Liability and Commercial Vehicle/Automotive Liability policies are to contain or be endorsed to contain the following provisions:
(1) Additional Insureds. The City of Beaumont, its officials, officers, employees, agents and independent contractors shall be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Developer; and with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts or equipment furnished in connection with such work or operations. (2) Primary Insurance. For any claims related to this project, the Developer's insurance coverage shall be primary insurance as respects the City of Beaumont,

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its officials, officers, employees, agents and independent contractors. Any insurance or self-insurance maintained by the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be excess of the Developer's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/Automotive Liability Policy.
(3) Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors shall be provided.
(ii) The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Beaumont, its officials, officers, employees, agents and independent contractors.
(f) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days prior written notice to Developer (ten (10) days' notice for cancellation due to non- payment). Developer further agrees to: (1) provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (2) cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City. (g) Commencement of Work. Developer shall not commence work under this Agreement until Developer has obtained all insurance required pursuant to this Section, and such insurance has been obtained by Developer and approved by City; nor shall Developer allow any contractor or subcontractor to commence work on the Deferred Improvements until not less than the same insurance hereunder is required of the contractor or subcontractor and has been obtained. Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(h) Higher Limits. If Developer or a contractor or subcontractor maintains higher limits than the minimums specified in this Section 25, the City requires and shall be entitled to coverage for the higher limits maintained by Developer, contractor or subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

25. Attorneys' Fees. In the event any action at law or in equity is brought to enforce the terms of this Agreement, the prevailing Party shall be entitled to litigation costs and reasonable attorneys' fees.

26. Incorporation of Recitals. The Recitals to this Agreement are hereby incorporated into in the terms of this Agreement.

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27. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes any prior written or oral agreements between them with respect to the subject matter hereof. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the Parties.

28. Governing Law; Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California. In the event that suit shall be brought by either Party to this contract, the Parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

29. Runs with the Land; Recordation.
(a) The Parties agree that the terms and provisions set forth in this Agreement shall be deemed provisions, terms and/or covenants running with the Property in accordance with applicable law, including without limitation, California Civil Code section 1468, and shall pass to and be binding upon the heirs, successors and assigns of the Parties to this Agreement, and on any successor owner of the Property.
(b) The provisions of Subsection 29(a) notwithstanding, Developer shall remain jointly and severally liable with its heirs, successors, assigns or successor owners of the Property for the responsibilities and liabilities imposed by this Agreement unless a novation or assignment agreement is executed in accordance with the provisions of Section 18 of this Agreement. (c) Upon execution, this Agreement shall be recorded in the Official Records of Riverside County, and by such recordation, it is the intention of the Parties to give notice to and bind their successors, heirs and assigns hereto.

30. Authority of Executing Parties. Each person executing this Agreement on behalf of a Party represents and warrants that such person is duly and validly authorized to do so all behalf of the entity it purports to bind and that he/she is authorized to enter into contracts on behalf of Developer. The undersigned, on behalf of Developer, binds Developer, its partners, successors, executors, administrators, and assigns with respect to the terms and provisions of this Agreement.
[signatures on following page]

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IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto on the date above first written.

Developer: City:

BEAUMONT ESS, LLC,
a_Delaware limited liability company
By:

CITY OF BEAUMONT
a Municipal Corporation
By:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

John Pinkney, City Attorney
APPROVED AS TO CONTENT:

Jeff Hart, Dir. Of Public Works/City Engineer

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Attachments: Exhibit A Legal description of Property
Exhibit B Cost estimates
(Proper Notarization of Developer's Signature is required and shall be attached)

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Exhibit A
Beaumont Energy Storage Project property legal description summary:

Assessor's Parcel Number
417-130-005
Approximate Acreage

2.48 PROPERTY DESCRIPTION
All that certain real property situated in the City of Beaumont, County of Riverside, State of California, described as follows:

LOT 4 IN BLOCK 137 OF AMENDED MAP OF THE TOWN OF BEAUMONT, IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 16 AND 17 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

Assessor's Parcel Number
417-130-012-9
Approximate Acreage

2.24 PROPERTY DESCRIPTION
All that certain real property situated in the City of Beaumont, County of Riverside, State of California, described as follows:

LOT 3, BLOCK 137, AMENDED MAP OF THE TOWN OF BEAUMONT, AS RECORDED ON FEBRUARY 27, 1888 IN BOOK 6, PAGE(S) 16 AND 17 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.

Assessor's Parcel Number
417-110-012
Approximate Acreage

2.24 PROPERTY DESCRIPTION
All that certain real property situated in the City of Beaumont, County of Riverside, State of California, described as follows:

Page 1097 of 1116 ends

LOT 2, BLOCK 137, AMENDED MAP OF THE TOWN OF BEAUMONT, AS RECORDED ON FEBRUARY 27, 1888 IN BOOK 6, PAGE(S) 16 AND 17 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA.

TOGETHER WITH THE EAST HALF OF MINNESOTA A VENUE, 80 FEET WIDE, AS VACATED BY ORDINANCE RECORDED JUNE 28, 1940 AS INSTRUMENT NO. 1895 IN BOOK 467, PAGE 434 OF OFFICIAL RECORDS, LYING BETWEEN THE EASTERLY PROLONGATIONS OF THE NORTH AND SOUTH LINES OF LOT 2, BLOCK 137.

Page 1098 of 1116 ends

Exhibit B
Westwood
Job Name: Beaumont BESS
Job Number: 0029655.00
Date: 2/17/2023
By: Westwood
Phase: Construction
Opinion of Probable Costs
For
Beaumont Battery Storage Road Improvements
Beaumont, CA
Item Description
Quantity
Unit
Unit Price
Amount
General Sitework
Mobilization
1 LS
$20,000
$20,000
Demo Existing Pavement (Veile)
10,500
SF
$4
$36,750
Demo Existing Pavement (Elm)
11,660
SF
$4
$40,810
Sawcut (Veile)
910
LF
$3
$2,275
Sawcut (Elm)
300
LF
$3
$750
Cut, Fill and Compact Onsite Material (Veile)
1,675
CY
$5
$8,375
Cut, Fill and Compact Onsite Material (Elm +swale)
680
CY
$5
$3,400
Export Excess Cut (Veile)
490
CY
$50
$24,500
Export Excess Cut (Elm +swale)
310
CY
$50
$15,500
Utility Allowance to Support & Relocate Exist Utilities (Veile) 1 LS
$20,000
$20,000
Utility Allowance to Support & Relocate Exist Utilities (Elm) 1 LS
$10,000
$10,000
Landscape Allowance (Walls, Fences, Plantings, etc.)
1 LS
$20,000
$20,000
Traffic Control
1 LS
$15,000
$15,000
Lighting
5 EA
$5,000
$25,000
Striping and Signage
1 EA
$6,000
$6,000
General Sitework Subtotal
$248,360
Pavement
Asphalt Paving - 5" (Veile)
693
TONS
$125
$86,612
Asphalt Paving - 4" (Elm)
380
TONS
$125
$47,480
Base (10" AB) - Veile
2,710
SY
$12
$32,520
Base (8" AB) - Elm
1,880
SY
$12
$22,560
Subgrade Prep - Veile
2,710
SY
$5
$13,550
Subgrade Prep - Elm
1,880
SY
$5
$9,400
Concrete - 4" x 5.5' wide sidewalk (Veile)
4,360
SF
$8
$34,880
Concrete - 4" x 5.5' wide sidewalk (Elm)
3,190
SF
$8
$25,520
Concrete Curb and Gutter (Veile)
865
LF
$25
$21,630
Concrete Curb and Gutter (Elm)
580
LF
$25
$14,500
Guardrail (Veile)
1 LS
$35,000
$35,000
Roadway Rehab Allowance (Veile)
1 LS
$30,000
$30,000
Roadway Rehab Allowance (Elm)
1 LS
$15,000
$15,000
Pavement Subtotal
$388,652
Utility
Curb Inlet Catch Basin -4 ft opening
2 EA
$5,000.00
$10,000
Manhole - 5 foot width
1 EA
$3,500.00
$3,500
Flared End Section
1 EA
$750.00
$750
Rip -Rap
4 CY
$50.00
$200
18" RCP
50 LF
$36.00
$1,800
24" RCP
310
LF
$60.00
$18,600
Utility Allowance (Veile)
1 LS
$15,000.00
$15,000
Utility Allowance (Elm)
1 LS
$7,500.00
$7,500
Utility Transmission Pole Removal & New Installation
1 LS
$1,000,000.00
$1,000,000
Utility Subtotal
$1,057,350
Erosion Control
Erosion Control and Seeding
1 LS
$30,000.00
$30,000
Erosion Control Subtotal
$30,000
Subtotal
Contingency (15%)
Contractor's OH&P (15%)
Engineering Fees (Design, Geotech, Staking, Testing, Etc. (10%) $1,724,362
$258,654
$258,654
$172,436
Project Total $2,414,107
Engineer's opinions of probable Construction Cost provided for herein are made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the industry. However, since the Engineer has no control over the cost of labor, equipment, or services furnished by others, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. Actual required quantities will vary from this estimate. Owner/Contractor to verify all required quantities and other estimate items, permits, fees, etc., not included above that may be specified in the Construction documents. If Owner wishes to obtain greater assurance as to probable Construction Cost, Owner shall employ an independent cost estimator.

2. 11-.21

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BILLING DEPARTMENT REPLY To:
[email protected] Palm Springs, California
March 2, 2023
CITY OF BEAUMONT PROFESSIONAL SERVICES THRU: 2/28/2023
TOTAL DUE:

Sincerely,

SBEMP, LLP
By: Accounting Department
$59,345.80

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA New Jersey New York T (760) 322-2275 T (760) 322- 9240
T (714) 435-9591 T (619) 501-4540
PlIT 15 6118f e 6
T (609) 955-3393 T (212) 829-4399

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*AIG
Professional services through: 2/28/2023: Invoice # 77808 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$661.00

SLOVAK BARON EMPEY MURPHY & PINKNEY LLP
Palm Springs, CA Indian Wells, CA Orange County, CA San Diego, CA T (760) 322-2275
New Jersey New York
T (760) 322- 9240 T (714) 435-9591 T (619) 501-4540 T (609) 955-3393 T (212) 829-4399 .......sbemp.,,,,...

Page 1101 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Baker
Professional services through: 2/28/2023: Invoice # 77809 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$55.00

Page 1102 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Cazares&Rosa
Professional services through: 2/28/2023: Invoice # 77810 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$990.00

Page 1103 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Gregg
Professional services through: 2/28/2023: Invoice # 77811 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$192.50

Page 1104 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*I.S.

Professional services through: 2/28/2023: Invoice # 77812 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$275.00

Page 1105 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Iloputaife
Professional services through: 2/28/2023: Invoice # 77813 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: $13,072.95

Page 1106 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Police Dept
Professional services through: 2/28/2023: Invoice # 77814 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$240.90

Page 1107 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Reeves&Leggit
Professional services through: 2/28/2023: Invoice # 77815 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$479.00

Page 1108 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Sandoval
Professional services through: 2/28/2023: Invoice # 77816 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$1,967.45

Page 1109 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Urban Logic
Professional services through: 2/28/2023: Invoice # 77817 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$636.00

Page 1110 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont*Wright
Professional services through: 2/28/2023: Invoice # 77818 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$2,243.00

Page 1111 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont -Gen Lit
Professional services through: 2/28/2023: Invoice # 77819 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$82.50

Page 1112 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-Labor&Employ
Professional services through: 2/28/2023: Invoice # 77820 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$740.90

Page 1113 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-NobleCreekRev
Professional services through: 2/28/2023: Invoice # 77821 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$1,195.00

Page 1114 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont-OverRetainer
Professional services through: 2/28/2023: Invoice # 77822 Amount
BALANCE DUE — PLEASE SUBMIT PAYMENT: $29,014.60

Page 1115 of 1116 ends

SEiP

A T T O R N E Y S
1800 E Tahquitz Canyon Way
Palm Springs, CA 92262
Fed. ID #33-0833010
Telephone 760-322-2275
Facsimile 760-322-2107
March 2, 2023
City of Beaumont

E-MAIL INVOICES
Our file no:

City of Beaumont -Retainer
Professional services through: 2/28/2023: Invoice # 77823 BALANCE DUE — PLEASE SUBMIT PAYMENT:

Amount
$7,500.00

Page 1116 of 1116 ends

Beaumont City CouncilMarch 21, 2023

Beaumont City Council
March 21, 2023