Beaumont City Council
May 2, 2023

above; and provided that no such Authorized Investment of amounts in such Subaccount of the Reserve Account will mature later than the respective final maturity date of such Parity Bonds. (d) Moneys in the Rebate Fund will be invested only in Authorized Investments of the type described in clause (1) of the definition thereof which by their terms will mature, as nearly as practicable, on the dates such amounts are needed to be paid to the United States Government as described under the caption "— Rebate Fund" above or in Authorized Investments of the type described in clause (2)(e) of the definition thereof. (e) In the absence of written investment directions from the District, the Trustee will hold such funds will be uninvested as cash.

The Trustee will sell, or present for redemption, any Authorized Investment whenever it may be necessary to do so in order to provide moneys to meet any payment or transfer to such funds and accounts or from such funds and accounts. Notwithstanding anything in the Indenture to the contrary, the Trustee will not be responsible or liable for any loss, fee, tax or other charge from investments, reinvestments, liquidations, sales or transfers undertaken in accordance with the provisions of the Indenture. In the event of a loss on the sale of such investments (after giving effect to any interest or other income thereon except to the extent theretofore paid to the District), the Trustee will have no responsibility or liability in respect of such loss except that the Trustee will notify the District of the amount of such loss and the District will promptly pay such amount to the Trustee to be credited as part of the moneys originally invested.

The Trustee may act as principal or agent in the making or disposing of any investment and will be entitled to its customary fee for making such investment. The Trustee may sell at the best market price obtainable, or present for redemption, any Authorized Investment so purchased whenever it will be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such Authorized Investment is credited, and subject to requirements described under the caption "TRUSTEE —Liability of Trustee," the Trustee will not be liable or responsible for any loss resulting from such investment. For investment purposes, the Trustee may commingle the funds and accounts established under the Indenture, but will account for each separately. The Trustee is authorized, in making or disposing of any investment permitted by the Indenture, to deal with itself (in its individual capacity) or which any one or more of its affiliates, whether it or such affiliate is acting as an agent of the Trustee or for any third person or dealing as principal for its own account. The parties acknowledge that the Trustee is not providing investment supervision, recommendations, or advice.

The District acknowledges that, to the extent that regulations of the Comptroller of the Currency or other applicable regulatory entity grant the District the right to receive brokerage confirmations of security transactions as they occur, the District specifically waives receipt of such confirmations to the extent permitted by law. The Trustee will furnish the District periodic cash transaction statements which include detail for all investment transactions made by the Trustee.

COVENANTS AND WARRANTY
Warranty. The District warrants that it will preserve and protect the security pledged under the Indenture to the Bonds and any Parity Bonds against all claims and demands of all persons.

Covenants. So long as any of the Bonds or Parity Bonds issued under the Indenture are Outstanding and unpaid, the District makes the following covenants with the Owners under the provisions of the Act and the Indenture (to be performed by the District or its proper officers, agents or employees), which covenants are necessary and desirable to secure the Bonds and Parity Bonds and tend to make them more marketable; provided, however, that said covenants do not require the District to expend any funds or moneys other than the Special Taxes and other amounts deposited to the Special Tax Fund:

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(a) Punctual Payment; Against Encumbrances. The District covenants that it will receive all Special Taxes in trust for the Owners and will direct the Treasurer to deposit all Special Taxes with the Trustee as soon as reasonably practicable following their apportionment to the District, and the District has no beneficial right or interest in the amounts so deposited except as provided by the Indenture. All such Special Taxes will be disbursed, allocated and applied solely to the uses and purposes set forth in the Indenture, and will be accounted for separately and apart from all other money, funds, accounts or other resources of the District.

Notwithstanding anything to the contrary in the Indenture, the Trustee has no duty to prepare or file any Federal or state tax report or return with respect to any funds held pursuant to the Indenture or any income earned thereon, except for the delivery and filing of tax information reporting forms required to be delivered and filed with the Internal Revenue Service.

The District covenants that it will duly and punctually pay or cause to be paid the principal of and interest on every Bond and Parity Bond issued under the Indenture, together with the premium, if any, thereon on the date, at the place and in the manner set forth in the Bonds and the Parity Bonds and in accordance with the Indenture to the extent that Net Taxes and other amounts pledged under the Indenture are available therefor, and that the payments into the Funds and Accounts created under the Indenture will be made, all in strict conformity with the terms of the Bonds, any Parity Bonds, and the Indenture, and that it will faithfully observe and perform all of the conditions, covenants and requirements of the Indenture and all Supplemental Indentures and of the Bonds and any Parity Bonds issued thereunder.

The District will not mortgage or otherwise encumber, pledge or place any charge upon any of the Net Taxes except as provided in the Indenture, and will not issue any obligation or security having a lien or charge upon the Net Taxes superior to or on a parity with the Bonds, other than Parity Bonds. Nothing in the Indenture prevents the District from issuing or incurring indebtedness which is payable from a pledge of Net Taxes which is subordinate in all respects to the pledge of Net Taxes to repay the Bonds and the Parity Bonds, subject to compliance with the District's bonded indebtedness limit. (b) Levy of Special Tax. Beginning in Fiscal Year 2023-24 and so long as any Bonds or Parity Bonds issued under the Indenture are Outstanding, subject to the limitations set forth in the Act and the RMA, the legislative body of the District covenants to levy the Special Tax in an amount sufficient, together with other amounts on deposit in the Special Tax Fund, to pay: (1) the principal of and interest on the Bonds and any Parity Bonds when due; (2) the Administrative Expenses; and (3) any amounts required to replenish the 2023 Bonds Reserve Subaccount to the 2023 Bonds Reserve Requirement and any other Subaccount of the Reserve Account to the applicable Reserve Requirement, including any amounts to pay costs related to a Reserve Policy, if any.

The District further covenants that it will take no actions that would discontinue or cause the discontinuance of the Special Tax levy or the District's authority to levy the Special Tax for so long as the Bonds and any Parity Bonds are Outstanding.
(c) Commence Foreclosure Proceedings. The District covenants for the benefit of the Owners of the Bonds and any Parity Bonds that it will: (i) commence judicial foreclosure proceedings against parcels with delinquent Special Taxes in excess of $2,500 by the December 1 following the close of each Fiscal Year in which such Special Taxes were due; (ii) commence judicial foreclosure proceedings against all parcels with delinquent Special Taxes by the December 1 following the close of each Fiscal Year in which it receives Special Taxes in an amount which is less than 95% of the total Special Tax levied; and (iii) diligently pursue such foreclosure proceedings until the delinquent Special Taxes are paid; provided that, notwithstanding the foregoing, the District may elect to defer foreclosure proceedings on any parcel so long as the amount in the 2023 Bonds Reserve Subaccount is at least equal to the 2023 Bonds Reserve Requirement and the amount in all other Subaccounts of the Reserve Account is at least equal to the applicable Reserve Requirement. The District may, but is not be obligated to, advance funds from any source of legally available funds in order to maintain the Subaccounts of the Reserve Account. The District may treat any delinquent Special Tax sold to an independent third -party or to the City for at least 100% of the delinquent amount as having been paid. Proceeds of any such sale up to 100% of the delinquent amount will be deposited in the Special Tax Fund.

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The District covenants that it will deposit the net proceeds of any foreclosure in the Special Tax Fund and will apply such proceeds remaining after the payment of Administrative Expenses to make current payments of principal and interest on the Bonds and any Parity Bonds, to bring the amount on deposit in the 2023 Bonds Reserve Subaccount up to the 2023 Bonds Reserve Requirement and the amount on deposit in any other Subaccount of the Reserve Account to the applicable Reserve Requirement, and to pay any delinquent installments of principal or interest due on the Bonds and any Parity Bonds. (d) Payment of Claims. The District will pay and discharge any and all lawful claims for labor, materials or supplies which, if unpaid, might become a lien or charge upon the Net Taxes or other funds in the Special Tax Fund (other than the Administrative Expense Account therein), or which might impair the security of the Bonds or any Parity Bonds then Outstanding; provided, however, that nothing in the Indenture requires the District to make any such payments so long as the District in good faith contests the validity of any such claims.
(e) Books and Accounts. The District will keep proper books of records and accounts, separate from all other records and accounts of the District, in which complete and correct entries are be made of all transactions relating to the Project, the levy of the Special Tax and the deposits to the Special Tax Fund. Such books of records and accounts will at all times during business hours be subject to the inspection of the Trustee or of the Owners or the Owners of any issue of Parity Bonds then Outstanding or their representatives authorized in writing.
(f) Federal Tax Covenants. Notwithstanding any other provision of the Indenture, absent an opinion of Bond Counsel that the exclusion from gross income of interest on the Bonds and any Parity Bonds issued on a tax-exempt basis for federal income tax purposes will not be adversely affected for federal income tax purposes, the District covenants to comply with all applicable requirements of the Code necessary to preserve such exclusion from gross income and specifically covenants, without limiting the generality of the foregoing, as follows:
(1) Private Activity. The District will take no action or refrain from taking any action or make any use of the proceeds of the Bonds or any Parity Bonds or of any other monies or property which would cause the Bonds or any Parity Bonds issued on a tax-exempt basis for federal income tax purposes to be "private activity bonds" within the meaning of Section 141 of the Code. (2) Arbitrage. The District will make no use of the proceeds of the Bonds or any Parity Bonds or of any other amounts or property, regardless of the source, or take any action or refrain from taking any action which will cause the Bonds or any Parity Bonds issued on a tax-exempt basis for federal income tax purposes to be "arbitrage bonds" within the meaning of Section 148 of the Code. (3) Federal Guaranty. The District will make no use of the proceeds of the Bonds or any Parity Bonds or take or omit to take any action that would cause the Bonds or any Parity Bonds issued on a tax- exempt basis for federal income tax purposes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.
(4) Information Reporting. The District will take or cause to be taken all necessary action to comply with the informational reporting requirement of Section 149(e) of the Code. (5) Hedge Bonds. The District will make no use of the proceeds of the Bonds or any Parity Bonds or any other amounts or property, regardless of the source, or take any action or refrain from taking any action that would cause the Bonds or any Parity Bonds issued on a tax-exempt basis for federal income tax purposes to be considered "hedge bonds" within the meaning of Section 149(g) of the Code unless the District takes all necessary action to assure compliance with the requirements of Section 149(g) of the Code to maintain the exclusion from gross income for federal income tax purposes of interest on the Bonds and any applicable Parity Bonds.

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(6) Miscellaneous. The District will take no action or refrain from taking any action inconsistent with its expectations stated in the Tax Certificate executed on the Delivery Date by the District in connection with the Bonds and any issue of Parity Bonds and will comply with the covenants and requirements stated therein and incorporated by reference in the Indenture. (7) Other Tax -Exempt Issues. The District will not use proceeds of other tax-exempt securities to redeem any Bonds or Parity Bonds without first obtaining the written opinion of Bond Counsel that doing so will not impair the exclusion from gross income for federal income tax purposes of interest on the Bonds and any Parity Bonds issued on a tax-exempt basis. (8) Subsequent Opinions. If the District obtains a subsequent opinion of Bond Counsel other than Stradling Yocca Carlson & Rauth, a Professional Corporation, where such opinion is required in connection with a change or amendment to the Indenture or the procedures set forth in the Tax Certificate, it will obtain an opinion substantially to the effect originally delivered by Stradling Yocca Carlson & Rauth, a Professional Corporation, that interest on the Bonds is excluded from gross income for federal income tax purposes.
(g) Reduction of Maximum Special Taxes. In the Indenture, the District finds and determines that, historically, delinquencies in the payment of special taxes authorized pursuant to the Act in community facilities districts in California have from time to time been at levels requiring the levy of special taxes at the maximum authorized rates in order to make timely payment of principal of and interest on the outstanding indebtedness of such community facilities districts. For this reason, in the Indenture, the District determines that a reduction in the maximum Special Tax rates authorized to be levied on parcels in the District below the levels described in this paragraph would interfere with the timely retirement of the Bonds and Parity Bonds. The District determines it to be necessary in order to preserve the security for the Bonds and Parity Bonds to covenant, and, to the maximum extent that the law permits it to do so, the District covenants in the Indenture, that it will not initiate proceedings to reduce the maximum Special Tax rates for the District, unless, in connection therewith, the District receives a certificate from one or more Independent Financial Consultants which, when taken together, certify that: (i) such changes do not reduce the maximum Special Taxes that may be levied in each year on property within the District to an amount which is less than the Administrative Expense Cap plus 110% of the Annual Debt Service due in each corresponding future Bond Year with respect to the Bonds and Parity Bonds Outstanding as of the date of such proposed reduction; and (ii) the District is not delinquent in the payment of the principal of or interest on the Bonds or any Parity Bonds. (h) Covenants to Defend. The District covenants that, in the event that any initiative is adopted by the qualified electors in the District which purports to reduce the maximum Special Tax below the levels specified in the caption "—Reduction of Maximum Special Taxes" above or to limit the power of the District to levy the Special Taxes for the purposes described under the caption "—Levy of Special Tax," it will commence and pursue legal action in order to preserve its ability to comply with such covenants. (i) Limitation on Right to Tender Bonds. The District covenants in the Indenture that it will not adopt any policy pursuant to Section 53344.1 of the Act permitting the tender of Bonds or Parity Bonds in full payment or partial payment of any Special Taxes unless the District has first received a certificate from an Independent Financial Consultant that the acceptance of such a tender will not result in the District having insufficient Net Taxes to pay the principal of and interest on the Bonds and Parity Bonds when due. (j) Continuing Disclosure. The District covenants to comply with the terms of the Continuing Disclosure Certificate and with the terms of any agreement executed by the District with respect to any Parity Bonds to assist the Underwriter in complying with Rule 15c2-12 adopted by the Securities and Exchange Commission; provided, however, that a failure to comply will not be considered an event of default under the Indenture and the Owners will be limited to enforcing the terms thereof in accordance with the terms of the Continuing Disclosure Certificate.

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(k) Further Assurances. The District will make, execute and deliver any and all such further agreements, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of the Indenture and for the better assuring and confirming unto the Owners of the Bonds and any Parity Bonds of the rights and benefits provided in the Indenture.

AMENDMENTS TO INDENTURE
Supplemental Indentures or Orders Not Requiring Owner Consent. The District may from time to time, and at any time, without notice to or consent of any of the Owners, adopt Supplemental Indentures for any of the following purposes:
(a) to cure any ambiguity, to correct or supplement any provisions in the Indenture which may be inconsistent with any other provision therein, or to make any other provision with respect to matters or questions arising under the Indenture or in any additional resolution or order, provided that such action is not materially adverse to the interests of the Owners;
(b) to add to the covenants and agreements of and the limitations and the restrictions upon the District contained in the Indenture other covenants, agreements, limitations and restrictions to be observed by the District which are not contrary to or inconsistent with the Indenture as theretofore in effect or which further secure Bond or Parity Bond payments;
(c) to provide for the issuance of any Parity Bonds, and to provide the terms and conditions under which such Parity Bonds may be issued, subject to and in accordance with the provisions of the Indenture; (d) to modify, amend or supplement the Indenture in such manner as to permit the qualification thereof under the Trust Indenture Act of 1939, as amended, or any similar federal statute in effect, or to comply with the Code or regulations issued thereunder, and to add such other terms, conditions and provisions as may be permitted by said act or similar federal statute, and which do not materially adversely affect the interests of the Owners of the Bonds or any Parity Bonds then Outstanding; (e) to modify, alter or amend the RMA in any manner, so long as the Trustee receives a certificate of an Independent Financial Consultant stating that: (i) such changes do not reduce the maximum Special Taxes that may be levied in each year on property within the District to an amount which is less than the Administrative Expense Cap plus 110% of the Annual Debt Service due in each corresponding future Bond Year with respect to the Bonds and Parity Bonds Outstanding as of the date of such amendment and (ii) based on the current development plan for parcels within the District, do not reduce the maximum Special Taxes which could be levied upon Taxable Property within the District to an amount which is less than the Administrative Expense Cap plus 110% of the Annual Debt Service due in each corresponding future Bond Year with respect to the Bonds and Parity Bonds Outstanding as of the date of such amendment; ( to modify, alter, amend or supplement the Indenture in any other respect which is not materially adverse to the Owners; or
(g) to modify, alter, amend or supplement the Indenture in any other respect, as may be required to fund all or a portion of the 2023 Bonds Reserve Requirement or any other Reserve Requirement with respect to Parity Bonds with a Reserve Policy.

Supplemental Indentures or Orders Requiring Owner Consent. Exclusive of the Supplemental Indentures described above, the Owners of not less than a majority in aggregate principal amount of the Bonds and Parity Bonds Outstanding have the right to consent to and approve the adoption by the District of such Supplemental Indentures as deemed necessary or desirable by the District for the purpose of waiving, modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in the Indenture; provided, however, that nothing in the Indenture permits, or will be construed as permitting: (a) an D-27
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extension of the maturity date of the principal, or the payment date of interest on, any Bond or Parity Bond; (b) a reduction in the principal amount of, or redemption premium on, any Bond or Parity Bond or the rate of interest thereon; (c) a preference or priority of any Bond or Parity Bond over any other Bond or Parity Bond; or (d) a reduction in the aggregate principal amount of the Bonds and Parity Bonds the Owners of which are required to consent to such Supplemental Indenture, without the consent of the Owners of all Bonds and Parity Bonds then Outstanding.

If at any time the District desires to adopt a Supplemental Indenture, which requires the consent of the Owners, the District will so notify the Trustee and will deliver to the Trustee a copy of the proposed Supplemental Indenture. The Trustee will, at the expense of the District, cause notice prepared by counsel of the District of the proposed Supplemental Indenture to be mailed, by first class mail, postage prepaid, to all Owners at their addresses as they appear in the Bond Register. Such notice will briefly set forth the nature of the proposed Supplemental Indenture and state that a copy thereof is on file at the Principal Office of the Trustee for inspection by all Owners. The failure of any Owners to receive such notice will not affect the validity of such Supplemental Indenture when consented to and approved by the Owners of not less than a majority in aggregate principal amount of the Bonds and Parity Bonds Outstanding as required by the Indenture. Whenever at any time within one year after the date of the first mailing of such notice, the Trustee receives an instrument or instruments purporting to be executed by the Owners of not less than a majority in aggregate principal amount of the Bonds and Parity Bonds Outstanding, which instrument or instruments refer to the proposed Supplemental Indenture described in such notice, and specifically consents to and approves the adoption thereof by the District substantially in the form of the copy referred to in such notice as on file with the Trustee, such proposed Supplemental Indenture, when duly adopted by the District, will thereafter become a part of the proceedings for the issuance of the Bonds and any Parity Bonds. In determining whether the Owners of a majority of the aggregate principal amount of the Bonds and Parity Bonds have consented to the adoption of any Supplemental Indenture, Bonds or Parity Bonds which are owned by the District or by any person directly or indirectly controlling or controlled by or under the direct or indirect common control with the District, will be disregarded and will be treated as though they were not Outstanding for the purpose of any such determination.

Upon the adoption of any Supplemental Indenture and the receipt of consent to any such Supplemental Indenture from the Owners of not less than a majority in aggregate principal amount of the Outstanding Bonds and Parity Bonds in instances where such consent is required pursuant to the provisions described in this caption, the Indenture will be, and will be deemed to be, modified and amended in accordance therewith, and the respective rights, duties and obligations under the Indenture of the District and all Owners of Outstanding Bonds and Parity Bonds will thereafter be determined, exercised and enforced thereunder, subject in all respects to such modifications and amendments.

Notation of Bonds or Parity Bonds; Delivery of Amended Bonds or Parity Bonds. After the effective date of any action taken as provided in the amendment provisions of the Indenture, the District may determine that the Bonds or any Parity Bonds may bear a notation, by endorsement in form approved by the District, as to such action, and in that case upon demand of the Owner of any Outstanding Bond or Parity Bond at such effective date and presentation of such Owner's Bond or Parity Bond for the purpose at the Principal Office of the Trustee or at such additional offices as the Trustee may select and designate for that purpose, a suitable notation as to such action will be made on such Bonds or Parity Bonds at the District's expense. If the District so determines, new Bonds or Parity Bonds so modified as, in the opinion of the District, are necessary to conform to such action will be prepared and executed, and in that case upon demand of the Owner of any Outstanding Bond or Parity Bond at such effective date such new Bonds or Parity Bonds will be exchanged, at the sole cost of the District, at the Principal Office of the Trustee or at such additional offices as the Trustee may select and designate for that purpose, without cost to each Owner of Outstanding Bonds or Parity Bonds, upon surrender of such Outstanding Bonds or Parity Bonds.

The Trustee has the right to require such opinions of counsel as it deems necessary concerning: (i) the lack of material adverse effect of the amendment on Owners; and (ii) the fact that the amendment will not affect the tax status of interest with respect to the Bonds. In executing, or accepting the additional trusts created by, D-28
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any Supplemental Indenture permitted by the Indenture or the modification thereby of the trusts created by the Indenture, the Trustee will receive, and will be fully protected in relying upon, a Certificate of an Authorized Representative and an opinion of counsel to the District stating that the execution of such Supplemental Indenture is authorized or permitted by the Indenture and that such Supplemental Indenture is the legal, valid and binding obligation of the District, enforceable against the District in accordance with its terms. The Trustee may, but will not be obligated to, enter into any such Supplemental Indenture which affects the Trustee's own rights, duties or immunities under the Indenture or otherwise.

TRUSTEE
Trustee. Wilmington Trust, National Association, is the Trustee for the Bonds and any Parity Bonds unless and until another Trustee is appointed by the District under the Indenture. The Trustee represents that it has a combined capital (exclusive of borrowed capital) and surplus of at least $100,000,000. The District may, at any time, appoint a successor Trustee satisfying the requirements described under the caption "—Removal of Trustee" below for the purpose of receiving all money which the District is required to deposit with the Trustee under the Indenture and to allocate, use and apply the same as provided in the Indenture.

The Trustee is authorized to and will mail by first class mail, postage prepaid, or wire transfer in accordance with the Indenture, interest payments to the Bondowners, to select Bonds and Parity Bonds that are not held in the name of the Nominee for redemption, and to maintain the Bond Register. The Trustee is authorized to pay the principal of and premium, if any, on the Bonds and Parity Bonds when the same are duly presented to it for payment at maturity or on call and redemption, to provide for the registration of transfer and exchange of Bonds and Parity Bonds presented to it for such purposes, to provide for the cancellation of Bonds and Parity Bonds all as provided in the Indenture, and to provide for the authentication of Bonds and Parity Bonds, and will perform all other duties assigned to or imposed on it as provided in the Indenture. The Trustee will keep accurate records of all funds administered by it and all Bonds and Parity Bonds paid, discharged and cancelled by it.

The Trustee is authorized to redeem the Bonds and Parity Bonds when duly presented for payment at maturity, or on redemption prior to maturity. The Trustee will cancel all Bonds and Parity Bonds upon payment thereof in accordance with the provisions of the Indenture, as described under the caption "MISCELLANEOUS —Cancellation of Bond and Parity Bonds." The District will indemnify and save the Trustee, its officers, directors, employees and agents (collectively, the "Trustee Indemnified Parties"), harmless against costs, claims, expenses and liabilities, of any character or nature, including, without limitation, fees and expenses of its attorneys, not arising from its own negligence or willful misconduct, which any of the Trustee Indemnified Parties may incur in the exercise and performance of its powers and duties under the Indenture. The foregoing obligation of the District to indemnify the Trustee Indemnified Parties will survive the removal or resignation of the Trustee, the discharge of the Bonds or termination of the Indenture. Upon an Event of Default, and only upon an Event of Default, the Trustee will have a first lien with right of payment prior to payment on account of principal of and premium, if any, and interest on any Bond, upon the trust estate for the foregoing fees, charges and expenses incurred by it. The Trustee is under no obligation to exercise any of the rights or powers vested in it by the Indenture at the request or direction of the District pursuant to the provisions of the indenture, unless such party has offered to the Trustee security or indemnity (satisfactory to the Trustee in its sole and absolute discretion) against the costs, expenses and liabilities which may be incurred by it in compliance with such request or direction.

The Trustee will receive reasonable compensation for its services under the Indenture and the Trustee will be entitled to be reimbursed by the District for its other reasonable expenses thereunder, including the reasonable compensation, expenses and disbursements of such agents, representatives, experts and counsel as the Trustee may employ in connection with the exercise and performance of its rights and its duties under the Indenture. All such fees and reimbursements will be paid solely from amounts held in the Administrative Expense Fund, unless otherwise directed.

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Except during the continuance of an Event of Default, the Trustee undertakes to perform only such duties as are specifically and expressly set forth in the Indenture. These duties are deemed purely ministerial in nature, and the Trustee is not liable except for the performance of such duties, and no implied covenants, duties or obligations will be read into the Indenture against the Trustee. If an Event of Default has occurred and is continuing, the Trustee will exercise such of the rights and powers vested in it by the Indenture, and use the same degree of care and skill in their exercise, as a prudent person would use or exercise in the circumstances in the conduct of such prudent person's own affairs.

Removal of Trustee. The District may at any time at its sole discretion remove the Trustee initially appointed, and any successor thereto, by delivering to the Trustee a written notice of its decision to remove the Trustee and may appoint a successor or successors thereto; provided that any such successor will be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least $100,000,000, and subject to supervision or examination by federal or state authority. Any removal will become effective only upon acceptance of appointment by the successor Trustee. If any bank or trust company appointed as a successor publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this paragraph the combined capital and surplus of such bank or trust company will be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. Any removal of the Trustee and appointment of a successor Trustee will become effective only upon acceptance of appointment by the successor Trustee and notice being sent by the successor Trustee to the Bondowners of the successor Trustee's identity and address.

Resignation of Trustee. The Trustee may at any time resign and be discharged from its duties and obligations under the Indenture by giving written notice to the District and by giving to the Owners notice of such resignation, which notice will be mailed to the Owners at their addresses appearing in the registration books in the office of the Trustee. Upon receiving such notice of resignation, the District will promptly appoint a successor Trustee satisfying the criteria described under the caption "—Removal of Trustee" above by an instrument in writing. Any resignation or removal of the Trustee and appointment of a successor Trustee will become effective only upon acceptance of appointment by the successor Trustee. In the event the District for any reason whatsoever fails to appoint a successor Trustee within thirty (30) calendar days following the receipt of notice by the District, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor Trustee meeting the requirements of described under the caption "—Removal of Trustee" above. Any such successor Trustee appointed by such court will become the successor Trustee under the Indenture notwithstanding any action by the District purporting to appoint a successor Trustee following the expiration of such 90 -day period.

Liability of Trustee. The recitals of fact and all promises, covenants and agreements contained in the Indenture and in the Bonds and any Parity Bonds will be taken as statements, promises, covenants and agreements of the District, and the Trustee assumes no responsibility for the correctness of the same and makes no representations as to the validity or sufficiency of the Indenture, the Bonds or any Parity Bonds, and will incur no responsibility in respect thereof, other than in connection with its duties or obligations specifically set forth therein, in the Bonds and any Parity Bonds, or in the certificate of authentication assigned to or imposed upon the Trustee. The Trustee is under no responsibility or duty with respect to the issuance of the Bonds or any Parity Bonds for value. The Trustee is not liable in connection with the performance of its duties under the Indenture, or for any action taken, or errors in judgment made in good faith by it or any of its officers, employees or agents, except for its own negligence or willful misconduct. The permissive rights of the Trustee to do things enumerated in the Indenture will not be construed as a duty and, with respect to such permissive rights, the Trustee is not answerable for other than its negligence or willful misconduct. In no event will the Trustee be responsible or liable for special, indirect, punitive, incidental or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Trustee has been advised of the likelihood of such loss or damage and regardless of the form of action.

The Trustee may execute any of the trusts or powers of the Indenture and perform any of its duties by or through its attorneys, agents or receivers and is not answerable for the conduct of the same if appointed with D-30
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due care under the Indenture. The Trustee is not accountable for the use or application by the District of any of the Bonds or the proceeds thereof or for the use or application of any money paid over by the Trustee in accordance with the provisions of the Indenture or for the use and application of money received by any paying agent. The Trustee will be protected in acting upon any notice, resolution, request, consent, order, judgment, decree, certificate, report, Bond, Parity Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties, not only as to due execution, validity and effectiveness, but also as to the truth and accuracy of any information contained therein. The Trustee is entitled to rely on and is not liable for any action taken or omitted to be taken by the Trustee in accordance with the advice of counsel or other professionals retained or consulted by the Trustee. The Trustee may consult with counsel, who may be counsel to the District, with regard to legal questions, and the opinion of such counsel will be full and complete authorization and protection in respect of any action taken or suffered under the Indenture in good faith and in accordance therewith.

The Trustee will not be bound to recognize any person as the Owner of a Bond or Parity Bond unless and until such Bond or Parity Bond is submitted for inspection, if required, and his or her title thereto satisfactorily established, if disputed.

Whenever in the administration of its duties under the Indenture the Trustee will deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action under the Indenture, such matter (unless other evidence in respect thereof be specifically prescribed in the Indenture) may, be deemed to be conclusively proved and established by a written certificate of the District, and such certificate will be full warrant to the Trustee for any action taken or suffered under the provisions of the Indenture upon the faith thereof, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable.

Neither the Trustee nor any of its directors, officers, employees, agents, or affiliates are responsible for nor have any duty to monitor the performance or any action of the District or any of its directors, members, officers, agents, affiliates or employees, nor will it have any liability in connection with the malfeasance or nonfeasance by such party. The Trustee may assume performance by all such Persons of their respective obligations. The Trustee has no enforcement or notification obligations relating to breaches of representations or warranties of any other Person. The Trustee has no duty or obligation whatsoever to enforce the collection of Special Taxes or other funds to be deposited with it under the Indenture, or as to the correctness of any amounts received, but its liability is limited to the proper accounting for such funds as it actually receives. No provision in the Indenture requires the Trustee to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties thereunder, or in the exercise of its rights or powers.

The Trustee will not be deemed to have knowledge of any default or Event of Default until an officer at the Trustee's Principal Office of the Trustee responsible for the administration of its duties under the Indenture has actual knowledge thereof or the Trustee has received written notice thereof at the Principal Office of the Trustee.

The Trustee is under no responsibility or duty with respect to (i) the issuance of the Bonds for value, (ii) the application of the proceeds thereof except to the extent that such proceeds are received by it in its capacity as Trustee, or (iii) the application of any moneys paid to the District or others in accordance with the Indenture except as to the application of any moneys paid to it in its capacity as Trustee. The Trustee is not liable in connection with the performance of its duties under the Indenture, except for its own negligence or willful misconduct. The Trustee is not liable for any action taken or omitted by it in good faith and believed by it to be authorized or within the discretion or rights or powers conferred upon it by the Indenture. The Trustee and its officers and employees may become the Owner of Bonds with the same rights it would have if it were not Trustee, and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Bond Owners, whether or not such committee represents the Owners of a majority in aggregate principal amount of the Bonds then Outstanding.

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The Trustee is not liable for any error of judgment made in good faith by a responsible officer, unless it is proved that the Trustee was negligent in ascertaining the pertinent facts.

The Trustee is not liable with respect to any action taken or omitted to be taken by it in accordance with the direction of the Owners of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under the Indenture.

The Trustee will not be considered in breach of or in default in its obligations under the Indenture and will not incur any liability for not performing any act or fulfilling any duty, obligation or responsibility under the Indenture, or progress in respect thereto in the event of enforced delay ("unavoidable delay") in the performance of such obligations due to unforeseeable causes beyond its control, including, but not limited to, natural catastrophes, epidemics, quarantine restrictions, civil or military disturbances, loss or malfunctions of utilities, computer (hardware or software) or communications service, accidents, labor disputes, any act of God or war, terrorism or the unavailability of the Federal Reserve Bank or other wire or communication facility, or any similar event and/or occurrences beyond the control of the Trustee; provided, that in the event of any such unavoidable delay, the Trustee will notify the District in writing within five (5) Business Days after (i) the occurrence of the event giving rise to such unavoidable delay, (ii) the Trustee's actual knowledge of the impending unavoidable delay, or (iii) the Trustee's knowledge of sufficient facts under which a reasonable person would conclude the unavoidable delay will occur.

Electronic Instructions. The Trustee is entitled to request and receive written direction under the Indenture and has no responsibility or liability for accepting, acting upon, not acting any such direction, or for any losses or damages of any nature that may arise from any action taken or not taken by the Trustee in accordance with such written direction, including, without limitation, funds transfer instructions ("Instructions") given pursuant to the Indenture and delivered using Electronic Means ("Electronic Means" means the following communications methods: e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Trustee, or another method or system specified by the Trustee as available for use in connection with its services under the Indenture); provided, however, that the District will provide to the Trustee an incumbency certificate listing officers with the authority to provide such Instructions ("Authorized Officers") and containing specimen signatures of such Authorized Officers, which incumbency certificate will be amended by the District, whenever a person is to be added or deleted from the listing. If the District elects to give the Trustee Instructions using Electronic Means and the Trustee in its discretion elects to act upon such Instructions, the Trustee's understanding of such Instructions will be deemed controlling. The District understands and agrees that the Trustee cannot determine the identity of the actual sender of such Instructions and that the Trustee will conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Trustee have been sent by such Authorized Officer. The District is responsible for ensuring that only Authorized Officers transmit such Instructions to the Trustee and that the District and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the District. The Trustee is not liable for any losses, costs or expenses arising directly or indirectly from the Trustee's reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The District agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Trustee, including without limitation the risk of the Trustee acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Trustee and that there may be more secure methods of transmitting Instructions than the method(s) selected by the District; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Trustee immediately upon learning of any compromise or unauthorized use of the security procedures.

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Merger or Consolidation. Any company into which the Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it is a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trust business, will be the successor to the Trustee without the execution or filing of any paper or further act, anything in the Indenture to the contrary notwithstanding; provided, however, such successor swill provide the District with a notice of merger or conversion as soon as practicable.

EVENTS OF DEFAULT; REMEDIES
Events of Default. Any one or more of the following events constitute an "Event of Default":
(a) default in the due and punctual payment of the principal of or redemption premium, if any, on any Bond or Parity Bond when and as the same becomes due and payable, whether at maturity as therein expressed, by declaration or otherwise;
(b) default in the due and punctual payment of the interest on any Bond or Parity Bond when and as the same becomes due and payable; or
(c) except as described in subsections (a) or (b), default by the District in the observance of any of the agreements, conditions or covenants on its part contained in the Indenture, the Bonds or any Parity Bonds, which default continues for a period of 30 days after the District has been given notice in writing of such default by the Trustee or the Owners of twenty-five percent (25%) in aggregate principal amount of the Outstanding Bonds and Parity Bonds.

The Trustee agrees to give notice, to the Owners as soon as practicable upon the occurrence of an Event of Default under subsections (a) or (b) above and within 10 days of the Trustee's actual knowledge of an Event of Default under subsection (c) above.

Remedies of Owners. Upon the occurrence of an Event of Default, the Trustee may pursue any available remedy at law or in equity to enforce the payment of the principal of, premium, if any, and interest on the Outstanding Bonds and Parity Bonds, and to enforce any rights of the Trustee under or with respect to the Indenture, including:
(a) by mandamus or other suit or proceeding at law or in equity to enforce his or her rights against the District and any of the members, officers and employees of the District, and to compel the District or any such members, officers or employees to perform and carry out their duties under the Act and their agreements with the Owners as provided in the Indenture;
(b) by suit in equity to enjoin any actions or things which are unlawful or violate the rights of the Owners; or
(c) by a suit in equity to require the District and its members, officers and employees to account as the trustee of an express trust.

If an Event of Default occurs and is continuing and if requested and directed so to do by the Owners of at least twenty-five percent (25%) in aggregate principal amount of Outstanding Bonds and Parity Bonds and if indemnified to its satisfaction, the Trustee will be obligated to exercise such one or more of the rights and powers conferred by the Indenture, as the Trustee, being advised by counsel, deems most expedient in the interests of the Owners of the Bonds and Parity Bonds. In the event the Trustee receives inconsistent or conflicting requests and indemnity from two or more groups of Owners of the Bonds or Parity Bonds, each representing less than a majority in aggregate principal amount of the Bonds or Parity Bonds outstanding, the Trustee, in its sole discretion, may, and will be fully indemnified for refraining from acting in the absence of such written direction, determine what action, if any will be taken and the Trustee may, in its sole discretion, take other actions.

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No remedy conferred upon or reserved to the Owners in the Indenture is intended to be exclusive of any other remedy. Every such remedy is cumulative and in addition to every other remedy given under the Indenture or now or later existing, at law or in equity or by statute or otherwise, and may be exercised without exhausting and without regard to any other remedy conferred by the Act or any other law.

Application of Revenues and Other Funds After Default. All amounts received by the Trustee pursuant to any right given or action taken by the Trustee under the provisions of the Indenture relating to the Bonds and Parity Bonds will be applied by the Trustee in the following order upon presentation of the several Bonds and Parity Bonds:

First, to the payment of the fees, costs and expenses of the Trustee in declaring such Event of Default and in carrying out the provisions of the Indenture described under the caption "EVENTS OF DEFAULT," including reasonable compensation to its agents, attorneys and counsel, and to the payment of all other outstanding fees and expenses of the Trustee; and
Second, to the payment of the whole amount of interest on and principal of the Bonds and Parity Bonds then due and unpaid, with interest on overdue installments of principal and interest to the extent permitted by law at the net effective rate of interest then borne by the Outstanding Bonds and Parity Bonds; provided, however, that in the event that such amounts are insufficient to pay the full amount of such interest and principal, then such amounts will be applied in the following order of priority:
(a) first to the payment of all installments of interest on the Bonds and Parity Bonds then due and unpaid on a pro rata basis based on the total amount then due and owing; (b) second, to the payment of all installments of principal, including Sinking Fund Payments, of the Bonds and Parity Bonds then due and unpaid on a pro rata basis based on the total amount then due and owing; and
(c) third, to the payment of interest on overdue installments of principal and interest on the Bonds and Parity Bonds on a pro rata basis based on the total amount then due and owing.

Power of Trustee to Control Proceedings. In the event that the Trustee, upon the happening of an Event of Default, has taken any action, by judicial proceedings or otherwise, pursuant to its obligations under the Indenture, whether upon its own discretion or upon the request of the Owners of twenty-five percent (25%) in aggregate principal amount of the Bonds and Parity Bonds then Outstanding, it will have full power, in the exercise of its discretion for the best interests of the Owners of the Bonds and Parity Bonds, with respect to the continuance, discontinuance, withdrawal, compromise, settlement or other disposal of such action; provided, however, that the Trustee will not, unless there no longer continues an Event of Default, discontinue, withdraw, compromise or settle, or otherwise dispose of any litigation pending at law or in equity, if at the time there has been filed with it a written request signed by the Owners of a majority in aggregate principal amount of the Outstanding Bonds and Parity Bonds under the Indenture opposing such discontinuance, withdrawal, compromise, settlement or other such litigation. Any suit, action or proceeding which any Owner of Bonds or Parity Bonds will have the right to bring to enforce any right or remedy under the Indenture may be brought by the Trustee for the equal benefit and protection of all Owners of Bonds and Parity Bonds similarly situated and the Trustee is appointed (and the successive respective Owners of the Bonds and Parity Bonds issued thereunder, by taking and holding the same, will be conclusively deemed so to have appointed it) the true and lawful attorney in fact of the respective Owners of the Bonds and Parity Bonds for the purposes of bringing any such suit, action or proceeding and to do and perform any and all acts and things for and on behalf of the respective Owners of the Bonds and Parity Bonds as a class or classes, as may be necessary or advisable in the opinion of the Trustee as such attorney -in -fact.

Appointment of Receivers. Upon the occurrence of an Event of Default under the Indenture, and upon the filing of a suit or other commencement of judicial proceedings to enforce the rights and of the Owners of the D-34
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Bonds and Parity Bonds under the Indenture, the Trustee will be entitled, as a matter of right to which the District expressly agrees, to the appointment of a receiver or receivers of the Net Taxes and other amounts pledged under the Indenture, pending such proceedings, with such powers as the court making such appointment confers.

Non -Waiver. Nothing in the Indenture, or in the Bonds or the Parity Bonds, affects or impairs the obligation of the District, which is absolute and unconditional, to pay the interest on and principal of the Bonds and Parity Bonds to the respective Owners of the Bonds and Parity Bonds at the respective dates of maturity, as described under the caption "—Application of Revenues and Other Funds After Default" above, or to pay the Trustee its fees and expenses as provided therein, out of the Net Taxes and other moneys therein pledged for such payment.

A waiver of any default or breach of duty or contract by the Trustee or any Owners will not affect any subsequent default or breach of duty or contract, or impair any rights or remedies on any such subsequent default or breach. No delay or omission of the Trustee or any Owner of any of the Bonds or Parity Bonds to exercise any right or power accruing upon any default will impair any such right or power or be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy conferred upon the Trustee or the Owners by the Act or by the Indenture may be enforced and exercised from time to time and as often as will be deemed expedient by the Trustee or the Owners, as the case may be.

Limitations on Rights and Remedies of Owners. No Owner of any Bond or Parity Bond issued under the Indenture has the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon the Indenture, unless: (a) such Owner has previously given to the Trustee written notice of the occurrence of an Event of Default; (b) the Owners of a majority in aggregate principal amount of all the Bonds and Parity Bonds then Outstanding have made written request upon the Trustee to exercise the powers granted in the Indenture or to institute such action, suit or proceeding in its own name; (c) said Owners have tendered to the Trustee indemnity and security acceptable to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee has refused or omitted to comply with such request for a period of sixty (60) days after such written request has received by, and said tender of indemnity and security has been made to, the Trustee.

Such notification, request, tender of indemnity and security and refusal or omission are declared, in every case, to be conditions precedent to the exercise by any Owner of Bonds and Parity Bonds of any remedy under the Indenture; it being understood and intended that no one or more Owners of Bonds and Parity Bonds will have any right in any manner whatever by his or her or their action to enforce any right under the Indenture, except in the manner therein provided, and that all proceedings at law or in equity to enforce any provision of the Indenture will be instituted, had and maintained in the manner provided therein and for the equal benefit of all Owners of the Outstanding Bonds and Parity Bonds.

The right of any Owner of any Bond and Parity Bond to receive payment of the principal of and interest and premium (if any) on such Bond and Parity Bond as provided in the Indenture or to institute suit for the enforcement of any such payment, will not be impaired or affected without the written consent of such Owner, notwithstanding any provision in the Indenture.

Termination of Proceedings. In case any Trustee has proceeded to enforce any right under the Indenture by the appointment of a receiver or otherwise, and such proceedings will have been discontinued or abandoned for any reason, or have been determined adversely, then and in every such case, the District, the Trustee and the Owners will be restored to their former positions and rights under the Indenture, respectively, with regard to the property subject to the Indenture, and all rights, remedies and powers of the Trustee will continue as if no such proceedings had been taken.

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DEFEASANCE AND PARITY BONDS
Defeasance. If the District pays or causes to be paid, or there is otherwise be paid, to the Owner of an Outstanding Bond or Parity Bond the interest due thereon and the principal thereof, at the times and in the manner stipulated in the Indenture or any Supplemental Indenture, then the Owner of such Bond or Parity Bond will cease to be entitled to the pledge of Net Taxes, and, other than as set forth below, all covenants, agreements and other obligations of the District to the Owner of such Bond or Parity Bond under the Indenture and any Supplemental Indenture relating to such Parity Bond will thereupon cease, terminate and become void and be discharged and satisfied. In the event of a defeasance of all Outstanding Bonds and Parity Bonds pursuant to the Indenture, the Trustee will execute and deliver to the District all such instruments as may be desirable to evidence such discharge and satisfaction, and the Trustee will pay over or deliver to the District all money or securities held by it pursuant to the Indenture which are not required for the payment of the principal of, premium, if any, and interest due on such Bonds and Parity Bonds.

Any Outstanding Bond or Parity Bond will be deemed to have been paid within the meaning expressed in the first paragraph above if such Bond or Parity Bond is paid in any one or more of the following ways:
(a) by paying or causing to be paid the principal of, premium, if any, and interest on such Bond or Parity Bond, as and when the same become due and payable; (b) by depositing with the Trustee, in trust, at or before maturity, cash which, together with the amounts then on deposit in the Special Tax Fund (exclusive of the Administrative Expense Account) and available for such purpose, is fully sufficient to pay the principal of, premium, if any, and interest on such Bond or Parity Bond, as and when the same will become due and payable; or (c) by depositing with the Trustee or another escrow bank appointed by the District, in trust, federal securities described in subparagraph (1) of the definition of Authorized Investments, in which the District may lawfully invest its money, in such amount as will be sufficient, together with the interest to accrue thereon and moneys then on deposit in the Special Tax Fund (exclusive of the Administrative Expense Account) and available for such purpose, together with the interest to accrue thereon, to pay and discharge the principal of, premium, if any, and interest on such Bond or Parity Bond, as and when the same will become due and payable.

If paid as provided above, then, at the election of the District, and notwithstanding that any Outstanding Bonds and Parity Bonds have not have been surrendered for payment, all obligations of the District under the Indenture and any Supplemental Indenture with respect to such Bond or Parity Bond will cease and terminate, except for the obligation of the Trustee to pay or cause to be paid to the Owners of any such Bond or Parity Bond not so surrendered and paid all sums due thereon, and except for the federal tax covenants of the District contained in the Indenture or any covenants in a Supplemental Indenture relating to compliance with the Code.

Notice of such election will be filed with the Trustee not less than ten days prior to the proposed defeasance date, or such shorter period of time as may be acceptable to the Trustee. In connection with a defeasance under paragraph (c) above, there will be provided to the District a verification report from an independent nationally recognized certified public accountant stating its opinion as to the sufficiency of the moneys or securities deposited with the Trustee or the escrow bank to pay and discharge the principal of, premium, if any, and interest on all Outstanding Bonds and Parity Bonds to be defeased as described above, as and when the same will become due and payable, and an opinion of Bond Counsel (which may rely upon the opinion of the certified public accountant) to the effect that the Bonds or Parity Bonds being defeased have been legally defeased in accordance with the Indenture and any applicable Supplemental Indenture.

Upon a defeasance, the Trustee, upon request of the District, will release the rights of the Owners of such Bonds and Parity Bonds which have been defeased under the Indenture and any Supplemental Indenture and execute and deliver to the District all such instruments as may be desirable to evidence such release, discharge and satisfaction. In the case of a defeasance under the Indenture of all Outstanding Bonds and Parity Bonds, the Trustee will pay over or deliver to the District any funds held by the Trustee at the time of a D-36
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defeasance, which are not required for the purpose of paying and discharging the principal of or interest on the Bonds and Parity Bonds when due. The Trustee will, at the written direction and sole expense of the District, mail, first class, postage prepaid, a notice to the Owners whose Bonds or Parity Bonds have been defeased, in the form directed by the District, stating that the defeasance has occurred.

Conditions for the Issuance of Parity Bonds and Other Additional Indebtedness. The District may at any time after the issuance and delivery of the Bonds under the Indenture issue Parity Bonds payable from the Net Taxes and other amounts deposited in the Special Tax Fund (other than in the Administrative Expense Account therein) and secured by a lien and charge upon such amounts equal to the lien and charge securing the Outstanding Bonds and any other Parity Bonds theretofore issued under the Indenture or under any Supplemental Indenture; provided, however, that Parity Bonds may only be issued for the purpose of refunding all or a portion of the Bonds or any Parity Bonds then Outstanding, or in a principal amount not to exceed $ for other purposes of the District. Parity Bonds may be issued subject to the following additional specific conditions, which are made conditions precedent to the issuance of any such Parity Bonds by the Indenture:
(a) The District is in compliance with all covenants set forth in the Indenture and any Supplemental Indenture then in effect and a certificate of the District to that effect have been filed with the Trustee; provided, however, that Parity Bonds may be issued notwithstanding that the District is not in compliance with all such covenants so long as immediately following the issuance of such Parity Bonds the District will be in compliance with all such covenants.
(b) The issuance of such Parity Bonds has been duly authorized pursuant to the Act and all applicable laws, and the issuance of such Parity Bonds will have been provided for by a Supplemental Indenture duly authorized, executed and delivered by the District which specifies the following:
(1) the purpose for which such Parity Bonds are to be issued and the fund or funds into which the proceeds thereof are to be deposited;
(2) the authorized principal amount of such Parity Bonds; (3) the date and the maturity date or dates of such Parity Bonds; provided that: (i) each maturity date falls on a September 1; (ii) all such Parity Bonds of like maturity are identical in all respects, except as to number; (iii) fixed serial maturities or Sinking Fund Payments, or any combination thereof, are established to provide for the retirement of all such Parity Bonds on or before their respective maturity dates; and (iv) if issued for the purpose of refunding Bonds and/or Parity Bonds, the maturity of the Parity Bonds to be issued does not exceed the maturity of the Bonds and Parity being refunded; (4) the description of the Parity Bonds, the place of payment thereof and the procedure for execution and authentication;
(5) the denominations and method of numbering of such Parity Bonds; (6) the amount and due date of each mandatory Sinking Fund Payment, if any, for such Parity Bonds;
(7) the amount, if any, to be deposited from the proceeds of such Parity Bonds in the Subaccount of the Reserve Account established for such Parity Bonds to fund the applicable Reserve Requirement;
(8) the form of such Parity Bonds; and
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(9) such other provisions as are necessary or appropriate and not inconsistent with the Indenture.
(c) The District has received the following documents or money or securities, all of such documents dated or certified, as the case may be, as of the date of delivery of such Parity Bonds by the Trustee (unless the Trustee is directed by the District to accept any of such documents bearing a prior date):
(1) a certified resolution of the City Council, acting as the legislative body of the District, authorizing the issuance of such Parity Bonds;
(2) a written request of the District as to the delivery of such Parity Bonds; (3) an opinion of Bond Counsel and/or general counsel to the District to the effect that: (i) the District has the right and power under the Act to execute and deliver the Supplemental Indenture relating to such Parity Bonds, and such Supplemental Indenture has been duly and lawfully executed by the District, and the Indenture and such Supplemental Indenture are in full force and effect and are valid and binding upon the District and enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors' rights); (ii) the Indenture creates the valid pledge which it purports to create of the Net Taxes and other amounts as provided in the Indenture, subject to the application thereof to the purposes and on the conditions permitted by the Indenture; and (iii) such Parity Bonds are valid and binding limited obligations of the District, enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors' rights) and the terms of the Indenture and the Supplemental Indenture executed and delivered in connection with such Parity Bonds and are entitled to the benefits of the Indenture and such Supplemental Indenture, and such Parity Bonds have been duly and validly authorized and issued in accordance with the Act (or other applicable laws) and the Indenture and such Supplemental Indenture; (4) a certificate of the District containing such statements as may be reasonably necessary to show compliance with the requirements of the Indenture; (5) where the Parity Bonds are issued to refund the Bonds or other Parity Bonds, a certificate of an Independent Financial Consultant certifying that in each Bond Year the Annual Debt Service on the Bonds and Parity Bonds to remain Outstanding following the issuance of the Parity Bonds proposed to be issued is less than the Annual Debt Service on the Bonds and Parity Bonds Outstanding prior to the issuance of such Parity Bonds;
(6) where the Parity Bonds are being issued other than to refund the Bonds or other Parity Bonds, a certificate of the Special Tax Administrator certifying that (i) the maximum Special Taxes (based on development status of the Taxable Property at the time of issuance of such Parity Bonds) that may be levied in each Fiscal Year, less the Administrative Expenses Cap, is not less than 110% of the Annual Debt Service in the Bond Year that begins in such Fiscal Year; and (ii) the Value of District Property is not less than four (4) times the sum of Direct Debt for District Property plus Overlapping Debt allocable to all property in the District subject to the Special Tax. For purposes of the foregoing certificate of the Special Tax Administrator, all calculations will consider the Parity Bonds proposed to be issued to be Outstanding; and (7) such further documents, money and securities as are required by the provisions of the Indenture and the Supplemental Indenture providing for the issuance of such Parity Bonds.

MISCELLANEOUS
Cancellation of Bonds and Parity Bonds. All Bonds and Parity Bonds surrendered to the Trustee for payment upon maturity or for redemption will be upon payment therefor, and any Bond or Parity Bond purchased by the District as authorized in the Indenture and delivered to the Trustee for such purpose will be, cancelled D-38
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forthwith and will not be reissued. The Trustee will dispose of such Bonds and Parity Bonds in accordance with its then -customary procedures, as provided by law, and, upon request of the District, furnish to the District a certificate of such destruction.

Execution of Documents and Proof of Ownership. Any request, direction, consent, revocation of consent, or other instrument in writing required or permitted by the Indenture to be signed or executed by Owners may be in any number of concurrent instruments of similar tenor and may be signed or executed by such Owners in person or by their attorneys appointed by an instrument in writing for that purpose, or by the bank, trust company or other depository for such Bonds, and, except as in the Indenture otherwise expressly provided, such action will become effective when such instrument or instruments are delivered to the Trustee and, where it is expressly required, to the District. Proof of the execution of any such instrument, or of any instrument appointing any such attorney, and of the ownership of Bonds or Parity Bonds will be sufficient for the purposes of the Indenture (except as otherwise therein provided), if made in the following manner:
(a) The fact and date of the execution by any Owner or his or her attorney of any such instrument, and of any instrument appointing any such attorney, may be proved by a signature guarantee of any bank or trust company located within the United States of America. Where any such instrument is executed by an officer of a corporation or association or a member of a partnership on behalf of such corporation, association or partnership, such signature guarantee will also constitute sufficient proof of his or her authority. The fact and date of the execution of any such instrument or writing, or the authority of the Person executing the same, may also be proved in any other manner which the Trustee deems sufficient. (b) As to any Bond or Parity Bond, the person in whose name the same is registered in the Bond Register will be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bond or Parity Bond, and the interest thereon, will be made only to or upon the order of the registered Owner thereof or his or her legal representative. All such payments will be valid and effectual to satisfy and discharge the liability upon such Bond or Parity Bond and the interest thereon to the extent of the sum or sums to be paid. Neither the District nor the Trustee will be affected by any notice to the contrary.

Nothing contained in the Indenture will be construed as limiting the Trustee or the District to such proof, it being intended that the Trustee or the District may accept any other evidence of the matters therein stated which the Trustee or the District may deem sufficient. Any request or consent of the Owner of any Bond or Parity Bond will bind every future Owner of the same Bond or Parity Bond in respect of anything done or suffered to be done by the Trustee or the District in pursuance of such request or consent.

Unclaimed Moneys. Anything in the Indenture to the contrary notwithstanding, any money held by the Trustee in trust for the payment and discharge of any of the Outstanding Bonds and Parity Bonds which remain unclaimed for two years after the date when such Outstanding Bonds or Parity Bonds have become due and payable, if such money was held by the Trustee at such date, or for two years after the date of deposit of such money if deposited with the Trustee after the date when such Outstanding Bonds or Parity Bonds become due and payable, will be repaid by the Trustee to the District, as its absolute property and free from trust, and the Trustee will thereupon be released and discharged with respect thereto and the Owners will look only to the District for the payment of such Outstanding Bonds or Parity Bonds; provided, however, that, before being required to make any such payment to the District, the Trustee, at the sole expense of the District, will cause to be mailed by first class mail, postage prepaid, to the registered Owners of such Outstanding Bonds or Parity Bonds at their addresses as they appear on the registration books of the Trustee a notice that said money remains unclaimed and that, after a date named in said notice, which date will not be less than 30 days after the date of the mailing of such notice, the balance of such money then unclaimed will be returned to the District.

Provisions Constitute Contract; Governing Law; Venue. The provisions of the Indenture constitute a contract between the District and the Owners and the provisions thereof will be governed by and construed in accordance with the laws of the State of California. In the Indenture, the parties have (i) irrevocably submitted D-39
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to the exclusive jurisdiction of any federal or state court sitting in the State of California, (ii) waived any objection to laying of venue in any such action or proceeding in such courts, and (iii) waived any objection that such courts are in inconvenient forum or do not have jurisdiction over any party.

In case any suit, action or proceeding to enforce any right or exercise any remedy will be brought or taken and, should said suit, action or proceeding be abandoned, or be determined adversely to the Owners or the Trustee, then the District, the Trustee and the Owners will be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken.

After the issuance and delivery of the Bonds, the Indenture will be irrepealable, but will be subject to modifications to the extent and in the manner provided in the Indenture, but to no greater extent and in no other manner.

Future Contracts. Nothing contained in the Indenture will be deemed to restrict or prohibit the District from making contracts or creating bonded or other indebtedness payable from a pledge of the Net Taxes which is subordinate to the pledge thereunder, or which is payable from the general fund of the District or from taxes or any source other than the Net Taxes and other amounts pledged thereunder.

Further Assurances. The District will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of the Indenture, and for the better assuring and confirming unto the Owners of the Bonds or any Parity Bonds the rights and benefits provided in the Indenture.

Entire Agreement; Severability. The Indenture and the exhibits thereto set forth the entire agreement and understanding if the parties related to the transaction and supersedes all prior agreements and understandings, oral or written. If any covenant, agreement or provision, or any portion thereof, contained in the Indenture, or the application thereof to any person or circumstance, is held to be unconstitutional, invalid or unenforceable, the remainder of the Indenture and the application of any such covenant, agreement or provision, or portion thereof, to other persons or circumstances, will be deemed severable and will not be affected thereby, and the Indenture, the Bonds and any Parity Bonds issued pursuant thereto will remain valid and the Owners will retain all valid rights and benefits accorded to them under the laws of the State of California.

U.S.A. Patriot Act. The parties to the Indenture acknowledge that in accordance with Section 326 of the U.S.A. Patriot Act, the Trustee, like all financial institutions and in order to help fight the funding of terrorism and money laundering, is required to obtain, verify, and record information that identifies each person or legal entity that establishes a relationship or opens an account with the Trustee. The parties to the Indenture agree that they will provide the Trustee with such information as it may request in order for the Trustee to satisfy the requirements of the U.S.A. Patriot Act.

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APPENDIX E

FORM OF DISTRICT CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate dated April 12, 2023 (the "Disclosure Certificate") is executed and delivered by City of Beaumont Community Facilities District No. 2016-3 (Sundance) (the "District") in connection with the issuance and delivery by the District of its $ 2023 Special Tax Bonds (the `Bonds"). The Bonds are being issued pursuant to a resolution adopted on March 21, 2023, by the City Council of the City of Beaumont, acting as the legislative body of the District, and the Bond Indenture dated as of May 1, 2023, by and between the District and Wilmington Trust, National Association, as trustee. The District covenants as follows:

Section 1. Purpose of the Disclosure Agreement. This Disclosure Certificate is being executed and delivered by the District for the benefit of the Owners and Beneficial Owners of the Bonds and in order to assist the Underwriter in complying with Rule 15c2 -12(b)(5) of the Securities and Exchange Commission.

Section 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the District pursuant to, and as described in, Section 3 and 4 of this Disclosure Certificate.
"Beneficial Owner" shall mean any person which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income purposes.
"City" means the City of Beaumont.
"Disclosure Representative" shall mean the City Manager, or his or her designee, or such other officer or employee as the District shall designate in writing to the Dissemination Agent from time to time. "Dissemination Agent" shall mean, initially, Webb Municipal Finance, LLC, or any successor Dissemination Agent designated in writing by the District and which has filed with the then current Dissemination Agent a written acceptance of such designation. "District" shall mean City of Beaumont Community Facilities District No. 2016-3 (Sundance). "EMMA" shall mean the Electronic Municipal Market Access system of the MSRB. "Listed Events" shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. "MSRB" shall mean the Municipal Securities Rulemaking Board and any successor entity designated under the Rule as the repository for filings made pursuant to the Rule. "Official Statement" shall mean that certain Official Statement for the Bonds dated May , 2023. "Owners" shall mean the registered owners of the Bonds as set forth in the registration books maintained by the Trustee.

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"Repository" shall mean the MSRB or any other entity designated or authorized by the Securities and Exchange Commission to receive reports pursuant to the Rule. Unless otherwise designated by the MSRB or the Securities and Exchange Commission, filings with the MSRB are to be made through the EMMA website of the MSRB, currently located at http://emma.msrb.org .
"Rule" shall mean Rule 15c2 -12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of California.
"Trustee" means Wilmington Trust, National Association or such other entity appointed by the District pursuant to the Indenture to act as the trustee under the Indenture. "Underwriter" shall mean any underwriter of the Bonds required to comply with the Rule in connection with offering of the Bonds.

Section 3. Provision of Annual Reports.
(a) The District shall, or, if the Dissemination Agent is other than the District, upon written direction shall cause the Dissemination Agent to, not later than February 10 after the end of the District's Fiscal Year (June 30) commencing with the report due by February 10, 2024, provide to the Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the City, if any exist, may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date.

If the District's fiscal year changes, the District shall give notice of such change in the same manner as for a Listed Event under Section 5(d).
(b) In the event that the Dissemination Agent is an entity other than the District, then the provisions of this Section 3(b) shall apply. Not later than fifteen (15) Business Days prior to the date specified in subsection (a) for providing the Annual Report, the District shall provide the Annual Report to the Dissemination Agent. If by fifteen (15) Business Days prior to the due date for an Annual Report the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall contact the District to determine if the District will be filing the Annual Report in compliance with subsection (a). The District shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the District and shall have no duty or obligation to review such Annual Report.
(c) If the Dissemination Agent is unable to verify that an Annual Report has been provided to EMMA by the date required in subsection (a), the Dissemination Agent shall send, in a timely manner, a notice to EMMA, in the form required by EMMA.
(d) If the Dissemination Agent is other than the District, the Dissemination Agent shall:
(i) determine each year prior to the date for providing the Annual Report the name and address of the repository if other than the MSRB through EMMA; and (ii) promptly after receipt of the Annual Report, file a report with the District certifying that the Annual Report has been provided to EMMA and the date it was provided.

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(e) Notwithstanding any other provision of this Disclosure Certificate, all filings shall be made in accordance with the MSRB's EMMA system or in another manner approved under the Rule.

Section 4. Content of Annual Reports. The Annual Report shall contain or include by reference the following:
(a) Financial Statements. The audited financial statements of the City for the prior fiscal year, if any have been prepared and which, if prepared, shall be prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board; provided, however, that the City may, from time to time, if required by federal or state legal requirements, modify the basis upon which its financial statements are prepared. In the event that the City shall modify the basis upon which its financial statements are prepared, the District shall provide the information referenced in Section 8 below regarding such modification. If the City is preparing audited financial statements and such audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Financial and Operating Data. The Annual Report shall contain or incorporate by reference the following:
(i) the principal amount of the Bonds outstanding as of the September 2 preceding the filing of the Annual Report;
(ii) the balance in each fund under the Indenture and the Reserve Requirement as of the September 30 preceding the filing of the Annual Report; (iii) any changes to the Rate and Method of Apportionment of the Special Taxes approved or submitted to the qualified electors of the District for approval prior to the filing of the Annual Report; (iv) an update of the value -to -lien ratio for the District substantially in the form of Table 2 in the Official Statement based upon the most recent Special Tax levy preceding the date of the Annual Report and on the assessed values of property for the current fiscal year; (v) the status of any foreclosure actions being pursued by the District with respect to delinquent Special Taxes;
(vi) a statement whether the District has been included in the County of Riverside's Teeter Plan;
(vii) a description of the collection and delinquency rate of Special Taxes in the District for the Fiscal Year then ended; and
(viii) any information not already included under (i) through (vii) above that the District is required to file in its annual report pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982, as amended, with the California Debt and Investment Advisory Commission.

Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the District or related public entities, which have been submitted to EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB through EMMA. The District shall clearly identify each such other document so included by reference.

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Section 5. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 5, the District shall give, or cause the Dissemination Agent to give, notice filed with the Repository of the occurrence of any of the following events with respect to the Bonds in a timely manner not more than ten (10) business days after the event:

1. principal and interest payment delinquencies;

2. unscheduled draws on debt service reserves reflecting financial difficulties;

3. unscheduled draws on credit enhancements reflecting financial difficulties;

4. substitution of credit or liquidity providers, or their failure to perform;

5. adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determinations of taxability or of a Notice of Proposed Issue (IRS Form 5701- TEB);

6. tender offers;

7. defeasances;

8. ratings changes;

9. bankruptcy, insolvency, receivership or similar proceedings; and Note: for the purposes of the event identified in subparagraph (9), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person.

10. default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties.
(b) Pursuant to the provisions of this Section 5, the District shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material:

1. unless described in paragraph 5(a)(5) above, notices or determinations by the Internal Revenue Service with respect to the tax status of the Bonds or other material events affecting the tax status of the Bonds;

2. the consummation of a merger, consolidation or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms;
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3. appointment of a successor or additional paying agent or the change of the name of a paying agent;

4. nonpayment related defaults;

5. modifications to the rights of Owners of the Bonds;

6. bond calls

7. release, substitution or sale of property securing repayment of the Bonds; and

8. incurrence of a financial obligation of the obligated person, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders. (c) Upon the occurrence of a Listed Event under Section 5(b) above, the District shall as soon as possible determine if such event would be material under applicable federal securities laws. (d) If the District determines that knowledge of the occurrence of a Listed Event under Section 5(b) would be material under applicable federal securities laws, the District shall file a notice of such occurrence with the Repository in a timely manner not more than 10 business days after the event. (e) The District hereby agrees that the undertaking set forth in this Disclosure Certificate is the responsibility of the District and that the Dissemination Agent, if other than the District, shall not be responsible for determining whether the District's instructions to the Dissemination Agent under this Section 5 comply with the requirements of the Rule.
(0 For purposes of the events identified in subparagraphs (a)(10) and (b)(8) under this Section 5, the term "financial obligation" means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term financial obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule and a continuing disclosure undertaking has been entered into.

Section 6. Termination of Reporting Obligation. The District's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds.

Section 7. Dissemination Agent. The District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be Webb Municipal Finance, LLC. The Dissemination Agent, if other than the District, shall not be responsible in any manner for the content of any notice or report prepared by the District pursuant to this Disclosure Certificate. If at any time there is not any other designated Dissemination Agent, the Trustee shall be the Dissemination Agent. The initial Dissemination Agent shall be the District. The Dissemination Agent may resign by providing thirty (30) days written notice to the District and the Trustee.

Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the District may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied:
(a) If the amendment or waiver is related to the provisions of Sections 3(a), 4, or 5, it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in E-5
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law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted;
(b) The undertaking hereunder, as amended or taking into account such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and
(c) The amendment or waiver either (i) is approved by the Owners of the Bonds in the same manner as provided in the Indenture for amendments to the Indenture with the consent of Owners, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Owners or Beneficial Owners of the Bonds.

In the event of any amendment or waiver of a provision of this Disclosure Certificate, the District shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or, in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the District. In addition, if the amendment related to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(a), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the formed accounting principles.

Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the District chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the District shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event.

Section 10. Default. In the event of a failure of the District to comply with any provision of this Disclosure Certificate, the Trustee at the written direction of any Underwriter or the Owners of at least 25% aggregate principal amount of Outstanding Bonds, shall, or any Owner or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Disclosure Certificate, but only to the extent funds have been provided to it or it has been otherwise indemnified to its satisfaction from any cost, liability, expense or additional charges of the Trustee whatsoever, including, without limitation, fees and expenses of its attorney. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Certificate shall be an action to compel performance.

Section 11. Duties, Immunities and Liabilities of Dissemination Agent. Where an entity other than the District is acting as the Dissemination Agent, the Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the District agrees to indemnify and save the Dissemination Agent and its officers, directors, employees and agents, harmless against any loss, expense and liabilities which they may incur arising out of or in the exercise or performance of their powers and duties hereunder, including the costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the District under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds.

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Section 12. Notices. Any notices or communications to or among any of the parties to this Disclosure Certificate may be given as follows:

District:

Underwriter:

City of Beaumont
Community Facilities District No. 2016-3
55 East Sixth Street
Beaumont, CA 92223
Attn: City Manager
Stifel, Nicolaus & Company, Incorporated
515 South Figueroa Street, Suite 1800
Los Angeles, CA 90071
Attn: Thomas Jacob
Any person may, by written notice to the other persons listed above, designate a different address or telephone number(s) to which subsequent notice or communications should be sent.

Section 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Trustee, the Dissemination Agent, the Underwriter and Owners and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity.

This Disclosure Certificate is executed as of the date and year first set forth above.

CITY OF BEAUMONT COMMUNITY FACILITIES
DISTRICT NO. 2016-3 (SUNDANCE)
By:

Disclosure Representative
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APPENDIX F

FORM OF DEVELOPER CONTINUING DISCLOSURE CERTIFICATE
This Developer Continuing Disclosure Certificate (this "Disclosure Certificate") is executed and delivered by Tri Pointe Homes IE-SD, Inc., a California corporation ("Tri Pointe") in connection with the issuance of City of Beaumont Community Facilities District No. 2016-3 (Sundance) 2023 Special Tax Bonds (the "Bonds"). The Bonds are being issued pursuant to a Bond Indenture (the "Indenture") dated as of May 1, 2023 by and between the City of Beaumont Community Facilities District No. 2016-3 (the "District") and Wilmington Trust, National Association, as trustee (the "Trustee"). Tri Pointe covenants and agrees as follows:

Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by Tri Pointe for the benefit of the Participating Underwriter (as defmed below) and the holders and Beneficial Owners of the Bonds.

Section 2. Definitions. In addition to the definitions set forth above and in the Indenture, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Disclosure Certificate, the following capitalized terms shall have the following meanings:
"Assumption Agreement" means an undertaking of a Major Owner or a Relevant Entity thereof, for the benefit of the holders and Beneficial Owners of the Bonds, containing terms substantially similar to this Disclosure Certificate (as modified for such Major Owner's development and financing plans with respect to the property of the Major Owner within the District), whereby such Major Owner or Relevant Entity agrees to provide semi-annual reports and notices of significant events, setting forth the information described in Sections 4 and 5 hereof, respectively, with respect to the portion of the property in the District owned by such Major Owner and its Relevant Entities.
"Beneficial Owner" shall mean any Person, which (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including Persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes.
"City" means the City of Beaumont, California.
"Dissemination Agent" means Tri Pointe, or any successor Dissemination Agent designated in writing by Tri Pointe, with the written consent of the District, and which has filed with Tri Pointe, the District and the Participating Underwriter a written acceptance of such designation, and which is experienced in providing dissemination agent services such as those required under this Disclosure Certificate. "District" means City of Beaumont Community Facilities District No. 2016-3. "EMMA System" shall mean the Electronic Municipal Market Access System of the MSRB or such other electronic system designated by the MSRB (as defmed below) or the Securities and Exchange Commission. "Listed Events" means any of the events listed in Section 5(a) of this Disclosure Certificate. "Major Owner" means, as of any Report Date, an owner (including all Relevant Entities of such owner) of taxable parcels in the District will be responsible for at least 20% of the total Special Taxes projected to be levying in the District in the current Fiscal Year.
"MSRB" means the Municipal Securities Rulemaking Board.

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"Official Statement" means the final official statement, dated May _, 2023, executed by the District in connection with the issuance of the Bonds.
"Participating Underwriter" means Stifel, Nicolaus & Company, Incorporated, the original underwriter of the Bonds.
"Person" means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof. "Property" means (i) the property owned by Tri Pointe or a Relevant Entity in the District and subject to the Special Taxes as of the Report Date, and (ii) the property that was formerly owned by Tri Pointe or a Relevant Entity in the District but is still subject to the undertakings of this Disclosure Certificate under Section 7(b) as of the Report Date.
"Relevant Entity" means, with respect to Tri Pointe, any other Person (i) directly, or indirectly through one or more intermediaries, is controlling, controlled by or under common control with such Person, and (ii) for whom information, including financial information or operating data, concerning such Person referenced in clause (i) is material to an evaluation of the District and the Bonds (i.e., information relevant to (a) Tri Pointe's development plans with respect to its Property and the payment of its Special Taxes on the Property, or (b) such Person's assets or funds that would materially affect Tri Pointe's ability to develop its Property as described in this Official Statement or to pay its Special Taxes on the Property). For purposes hereof, the term "control" (including the terms "controlling," "controlled by" or "under common control with") means the present possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. "Report Date" means (a) June 1 of each year, and (b) December 1 of each year. "Semi -Annual Report" means any Semi -Annual Report provided by Tri Pointe pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "Special Taxes" means the special taxes levied on the Property within the District. "State" shall mean the State of California.

Section 3. Provision of Semi -Annual Reports.
(a) Tri Pointe shall, or, upon written direction of Tri Pointe, the Dissemination Agent shall, not later than the Report Date, commencing June 1, 2023, provide to the MSRB through the EMMA System, in an electronic format and accompanied by identifying information as prescribed by the MSRB, a Semi -Annual Report that is consistent with the requirements of Section 4 of this Disclosure Certificate with a copy to the Participating Underwriter and the District. If, in any year, June 1 or December 1 falls on a Saturday, Sunday or a holiday, such deadline shall be extended to the next following day that is not a Saturday, Sunday, or holiday.

If Tri Pointe utilizes the Dissemination Agent to file the Semi -Annual Report, then not later than 15 calendar days prior to the Report Date, Tri Pointe shall provide the Semi -Annual Report to the Dissemination Agent (if different from Tri Pointe), and shall provide a written certification with (or included as a part of) each Semi - Annual Report furnished to the Dissemination Agent, the Participating Underwriter, and the District to the effect that such Semi -Annual Report constitutes the Semi -Annual Report required to be furnished by it under this Disclosure Certificate. The Dissemination Agent, the Participating Underwriter and the District may conclusively rely upon such certification of Tri Pointe and shall have no duty or obligation to review the Semi - Annual Report. The Semi -Annual Report may be submitted as a single document or as separate documents comprising a package and may incorporate by reference other information as provided in Section 4 of this Disclosure Certificate.

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(b) If the Dissemination Agent (if different from Tri Pointe) does not receive a Semi -Annual Report from Tri Pointe and cannot verify that a Semi -Annual Report has been filed with the MSRB through the EMMA System by 15 calendar days prior to the Report Date, the Dissemination Agent shall send a reminder notice to Tri Pointe that the Semi -Annual Report has not been provided as required under Section 3(a) above. The reminder notice shall instruct Tri Pointe to determine whether its obligations under this Disclosure Certificate have terminated (pursuant to Section 7 below) and, if so, to provide the Dissemination Agent with a notice of such termination in the same manner as for a Listed Event (pursuant to Section 5 below). If Tri Pointe does not provide, or cause the Dissemination Agent to provide, a Semi -Annual Report to the MSRB through the EMMA System by the Report Date as required in subsection (a) above, the Dissemination Agent shall, in a timely manner, provide to the MSRB through the EMMA System, in an electronic format as prescribed by the MSRB, a notice in substantially the form attached as Exhibit A, with a copy to the Participating Underwriter and the District.
(c) The Dissemination Agent shall:
(i) determine prior to each Report Date the then -applicable rules and electronic format prescribed by the MSRB for the filing of continuing disclosure reports; and (ii) to the extent the Semi -Annual Report has been furnished to it, file a report with Tri Pointe (if the Dissemination Agent is other than Tri Pointe), the Participating Underwriter and the District certifying that the Semi -Annual Report has been provided to the MSRB through the EMMA System pursuant to this Disclosure Certificate, and stating the date it was provided.

Section 4. Content of Semi -Annual Reports. Until the obligations under this Disclosure Certificate are terminated pursuant to Section 7, each Semi -Annual Report shall contain or incorporate by reference the information set forth in Exhibit B, any or all of which may be included by specific reference to other documents, including official statements of debt issues of Tri Pointe or public entities, which are available to the public on the EMMA System or filed with the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB. Tri Pointe shall clearly identify each such other document so included by reference.

In addition to any of the information expressly required to be provided in Exhibit B, each Semi -Annual Report shall include such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading.

Section 5. Reporting of Significant Events.
(a) Until the obligations under this Disclosure Certificate are terminated pursuant to Section 7, Tri Pointe shall give, or cause to be given, notice of the occurrence of any of the following Listed Events with respect to itself or the Property, if material:
(i) bankruptcy or insolvency proceedings commenced by or against Tri Pointe and, if known, any bankruptcy or insolvency proceedings commenced by or against any Relevant Entity of Tri Pointe that owns property subject to the Special Taxes that in the reasonable judgment of Tri Pointe could have a material adverse impact on Tri Pointe's ability to pay its Special Taxes prior to delinquency or to sell or develop the Property as described in the Official Statement or most recent Semi -Annual Report;
(ii) failure to pay any taxes, special taxes (including the Special Taxes) or assessments due with respect to the Property prior to the delinquency date, to the extent such failure is not promptly cured by Tri Pointe or a Relevant Entity upon discovery thereof; F-3
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(iii) filing of a lawsuit against Tri Pointe or if known, a Relevant Entity of Tri Pointe, seeking damages which, if successful could have, or a final judgment in a lawsuit against Tri Pointe or if known, a Relevant Entity which has, a material and adverse impact on Tri Pointe's (or a Relevant Entity's, if the Relevant Entity owns property within the District) ability to pay Special Taxes prior to delinquency or to sell or develop the Property as described in the Official Statement or most recent Semi - Annual Report;
(iv) any conveyance by Tri Pointe or a Relevant Entity of any of the Property to an entity that is not a Relevant Entity of Tri Pointe, the result of which conveyance is to cause the transferee to become a Major Owner and the related assumption of any obligation by a Major Owner pursuant to Section 7;
(v) material damage to or destruction of any of the improvements on the Property; and (vi) any payment default or other material default by Tri Pointe that continues to exist beyond any applicable notice and cure periods on any loan or line of credit with respect to the construction of improvements on the Property that would have a material adverse effect on Tri Pointe's most recently disclosed development plan or financing with respect to the Property, or the ability of Tri Pointe or any Relevant to pay its Special Taxes prior to delinquency. (b) If a Listed Event occurs, Tri Pointe shall in a timely manner not in excess of 10 business days after obtaining knowledge of the Listed Event determine if such event would be material under applicable Federal securities law.
(c) If Tri Pointe determines that knowledge of the occurrence of a Listed Event would be material under applicable Federal securities law, Tri Pointe shall, or shall cause the Dissemination Agent to, file in a timely manner not in excess of 10 business days after obtaining knowledge of the Listed Event of the occurrence of such Listed Event, a notice of such occurrence with the MSRB, in an electronic format as prescribed by the MSRB, with a copy to the Participating Underwriter and the District.

Section 6. Identifying Information for Filings with the MSRB; Format for Filings with the MSRB. All documents provided to the MSRB under the Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. Any report or filing with the MSRB pursuant to this Disclosure Certificate must be submitted in electronic format, accompanied by such identifying information as is prescribed by the MSRB.

Section 7. Duration of Reporting Obligation.
(a) All of Tri Pointe's obligations hereunder shall commence on the date hereof and shall terminate (except as provided in Section 12) on the earliest to occur of the following:
(i)
upon the legal defeasance, prior redemption or payment in full of all the Bonds, (ii) Tri Pointe and its Relevant Entities collectively are no longer responsible for the payment of at least 20% of the total Special Taxes to be levied within the District in the current Fiscal Year,
(iii) the date on which Tri Pointe prepays in full all of the Special Taxes attributable to the Property, or
(iv) the date on which 564 homes within the District have been conveyed to individual homeowners.
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Tri Pointe shall give notice of the termination of its obligations under this Disclosure Certificate in the same manner as for a Listed Event under Section 5.
(b) If a portion of the Property is conveyed to a person or entity that, upon such conveyance, will be a Major Owner, the obligations of Tri Pointe hereunder with respect to the property conveyed to such Major Owner may be assumed by such Major Owner or by a Relevant Entity thereof, and Tri Pointe's obligations hereunder with respect to that portion of the Property conveyed will be terminated. In order to effect such an assumption, such Major Owner or a Relevant Entity shall enter into an Assumption Agreement in the form of this Disclosure Certificate. Until such time as such Assumption Agreement is entered into, Tri Pointe shall continue to be responsible for the obligations hereunder.

Section 8. Dissemination Agent. Tri Pointe may, from time to time, with the written consent of the District, appoint or engage a Dissemination Agent to assist Tri Pointe in carrying out its obligations under this Disclosure Certificate and may discharge any such Dissemination Agent, without cause, with the written consent of the District, with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be Tri Pointe.

The Dissemination Agent may resign by providing thirty days' written notice to the District, Tri Pointe, and the Participating Underwriter. The Dissemination Agent shall not be responsible for the content of any report or notice prepared by Tri Pointe. The Dissemination Agent shall have no duty to prepare any information report nor shall the Dissemination Agent be responsible for filing any report not provided to it by Tri Pointe in a timely manner and in a form suitable for filing.

Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, Tri Pointe may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied (provided, however, that the Dissemination Agent shall not be obligated under any such amendment that modifies or increases its duties or obligations hereunder without its written consent thereto):
(a) if the amendment or waiver relates to the provisions of sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of an obligated person with respect to the Bonds, or type of business conducted.
(b) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the same manner as provided in the Indenture for amendments to the Indenture with the consent of holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or Beneficial Owners of the Bonds.
(c) In the event of any amendment or waiver of a provision of this Disclosure Certificate, Tri Pointe shall describe such amendment in the next Semi -Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or, in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by Tri Pointe.

Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent Tri Pointe from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Semi - Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If Tri Pointe chooses to include any information in any Semi -Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, Tri Pointe shall have no obligation under this Disclosure Certificate to update such information or include it in any future Semi - Annual Report or notice of occurrence of a Listed Event.

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Section 11. Default. In the event of a failure of Tri Pointe to comply with any provision of this Disclosure Certificate, the District and the Participating Underwriter and any holder or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause Tri Pointe or Dissemination Agent, as the case may be, to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an event of default under the Indenture, and the sole remedy under this Disclosure Certificate in the event of any failure of Tri Pointe to comply with this Disclosure Certificate shall be an action to compel performance. Neither Tri Pointe nor the Dissemination Agent shall have any liability to the owners of the Bonds or any other party for monetary damages or financial liability of any kind whatsoever relating to or arising from this Disclosure Certificate.

Section 12. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and Tri Pointe agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents (each an "Indemnified Party"), harmless against any loss, expense and liabilities which it may incur arising out of or in the reasonable exercise or performance of its powers and duties hereunder, including the reasonable costs and expenses (including attorneys' fees) of defending against any claim of liability, but excluding any loss, expense and liabilities due to the Indemnified Party's negligence or willful misconduct or failure to perform its duties hereunder. The Dissemination Agent (if other than Tri Pointe) shall be paid compensation for its services provided hereunder from the Administrative Expense Account of the Special Tax Fund established under the Indenture in accordance with the Dissemination Agent's schedule of fees as amended from time to time, which schedule, as amended, shall be reasonably acceptable, and all reasonable expenses, reasonable legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall have no duty or obligation to review any information provided to it hereunder and shall not be deemed to be acting in any fiduciary capacity for the District, Tri Pointe, the Participating Underwriter, the Bond Owners, or any other party. The obligations of Tri Pointe under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds.

Section 13. Notices. Any notice or communications to be among any of the parties to this Disclosure Certificate may be given by electronic mail, regular mail, or overnight mail as follows:

To the District: City of Beaumont
Community Facilities District No. 2016-3
55 East Sixth Street
Beaumont, CA 92223
Attn: City Manager
To the Participating Underwriter: Stifel, Nicolaus & Company, Incorporated 2121 Avenues of the Stars, Suite 2150
Los Angeles, CA 90067
Attn: Public Finance Department
To Tri Pointe: Tri Pointe Homes
1250 Corona Pointe Court, Suite 600
Corona, CA 92879
Attention: Mike Taylor, Jeff Chambers
With a copy to: John P. Yeager, Esq.

O'Neil LLP
19900 MacArthur Boulevard, Suite 1050
Irvine, CA 92612
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Any Person may, by written notice to the other Persons listed above, designate a different address or email address to which subsequent notices or communications should be sent.

Section 14. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, Tri Pointe, the Dissemination Agent, the Participating Underwriter and holders and Beneficial Owners from time to time of the Bonds and shall create no rights in any other Person or entity. All obligations of Tri Pointe hereunder shall be assumed by any legal successor to the obligations of Tri Pointe as a result of a sale, merger, consolidation or other reorganization.

Section 15. Counterparts. This Disclosure Certificate may be executed in several counterparts, each of which shall be regarded as an original, and all of which shall constitute one and the same instrument.

Date: April 12, 2023
TRI POINTE HOMES IE-SD, INC.,
a California corporation
By:

Name:

Title:

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EXHIBIT A

NOTICE OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer: City of Beaumont Community Facilities District No. 2016-3 (the "District") Name of Bond Issue: $ City of Beaumont Community Facilities District No. 2016-3 (Sundance) 2023 Special Tax Bonds
Date of Issuance: May _, 2023
NOTICE IS HEREBY GIVEN that (the "Major Owner") has not provided a Semi -Annual Report with respect to the above -named Bonds as required by the Developer Continuing Disclosure Certificate, dated May , 2023. The Major Owner anticipates that the Semi -Annual Report will be filed by
Dated:

DISSEMINATION AGENT:

By:

Its:
cc:

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EXHIBIT B

SEMI-ANNUAL REPORT
[June 1/December 1]

CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO. 2016-3
(SUNDANCE)
2023 SPECIAL TAX BONDS
This Semi -Annual Report is hereby submitted under Section 4 of the Developer Continuing Disclosure Certificate (the "Disclosure Certificate"), dated April 12, 2023, executed by the undersigned (the "Tri Pointe" or "Developer") in connection with the issuance of the above -captioned bonds by the City of Beaumont Community Facilities District No. 2016-3 (the "District").

Capitalized terms used in this Semi -Annual Report but not otherwise defined have the meanings given to them in the Disclosure Certificate.

I. Property Ownership and Development
The information in this section is provided as of , 20 (this date must be not more than 60 days before the Report Date).

A. Description of the Property currently owned by the Developer and its Relevant Entities in substance and form similar to such information in the Official Statement for the Bonds:

B. Updated information regarding land development and home construction activities with regard to the Property described in the Official Statement for the Bonds or the Semi -Annual Report last filed in accordance with the Disclosure Certificate:

C. Status of building permits and any material changes to the description of land use or development entitlements with regard to the Property described in the Official Statement for the Bonds or the Semi -Annual Report last filed m accordance with the Disclosure Certificate:

D. Status of any land purchase contracts with regard to the Property, whether acquisition of land in the District by the Developer or sales of land to other developers (other than individual homeowners):

E. A statement as to whether or not the Developer and all of its Relevant Entities paid, prior to their becoming delinquent, all Special Taxes levied on the Property and if such Developer or any of such Relevant Entities is delinquent in the payment of such Special Taxes, a statement identifying each entity that is so delinquent, specifying the amount of each such delinquency and describing any plans to resolve such delinquency:

II. Legal and Financial Status of Developer
Unless such information has previously been included or incorporated by reference in a Semi -Annual Report, describe any material change in the legal structure of the Developer or the financial condition and financing plan of the Developer that would materially and adversely interfere with its ability to complete its development plan with regard to the Property described in the Official Statement.

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III. Change in Development or Financing Plans
Unless such information has previously been included or incorporated by reference in a Semi -Annual Report, describe any development plans or financing plans relating to the Property that are materially different from the proposed development and financing plan described in the Official Statement.

IV. Official Statement Updates
Unless such information has previously been included or incorporated by reference in a Semi -Annual Report, describe any other significant changes in the information relating to the Developer or the Property contained in the Official Statement under the heading "PROPERTY OWNERSHIP AND THE DEVELOPMENT" that would materially and adversely interfere with the Developer's ability to develop and sell the Property as described in the Official Statement.

V. Other Material Information
In addition to any of the information expressly required above, provide such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading.

Certification
The undersigned hereby certifies that this Semi -Annual Report constitutes the Semi -Annual Report required to be furnished by Tri Pointe under the Disclosure Certificate.

ANY OTHER STATEMENTS REGARDING THE DEVELOPER, THE DEVELOPMENT OF THE

PROPERTY, THE DEVELOPER'S FINANCING PLAN OR FINANCIAL CONDITION, OR THE BONDS,

OTHER THAN STATEMENTS MADE BY TRI POINTE IN AN OFFICIAL RELEASE, OR FILED WITH THE MUNICIPAL SECURITIES RULEMAKING BOARD, ARE NOT AUTHORIZED BY TRI POINTE.

TRI POINTE IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR FAIRNESS OF ANY SUCH UNAUTHORIZED STATEMENTS.

TRI POINTE HAS NO OBLIGATION TO UPDATE THIS SEMI-ANNUAL REPORT OTHER THAN AS EXPRESSLY PROVIDED IN THE DISCLOSURE CERTIFICATE.

Dated: TRI POINTE HOMES IE-SD, INC.,
a California corporation
By:

Name:

Title:

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APPENDIX G

BOOK -ENTRY ONLY SYSTEM
The information in this section concerning DTC and DTC's book -entry only system has been obtained from sources that the District believes to be reliable, but the District takes no responsibility for the completeness or accuracy thereof. The following description of the procedures and record keeping with respect to beneficial ownership interests in the Bonds, payment of principal, premium, if any, accreted value and interest on the Bonds to DTC Participants or Beneficial Owners, confirmation and transfers of beneficial ownership interests in the Bonds and other related transactions by and between DTC, the DTC Participants and the Beneficial Owners is based solely on information provided by DTC to the District which the District believes to be reliable, but the District and the Underwriter do not and cannot make any independent representations concerning these matters and do not take responsibility for the accuracy or completeness thereof. Neither the DTC, Direct Participants, Indirect Participants nor the Beneficial Owners should rely on the foregoing information with respect to such matters, but should instead confirm the same with DTC or the DTC Participants, as the case may be.

The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully -registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully - registered Bond will be issued for each annual maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited through the facilities of DTC.

DTC, the world's largest securities depository, is a limited -purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934.

DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates.

Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor's rating of "AA+." The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com .

Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive Bonds representing their ownership interests in Bonds, except in the event that use of the book -entry system for the Bonds is discontinued.

To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds G-1
4877-5532-3965v8/022599-0033

are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.

Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time.

Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as prepayments, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them.

Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being prepaid, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed.

Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the District as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).

Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the District or the Trustee, on payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Trustee, or the District, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the District or the Trustee, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.

A Bond Owner shall give notice to elect to have its Bonds purchased or tendered, through its Participant, to the Trustee, and shall effect delivery of such Bonds by causing the Direct Participant to transfer the Participant's interest in the Bonds, on DTC's records, to the Trustee. The requirement for physical delivery of Bonds in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Bonds are transferred by Direct Participants on DTC's records and followed by a book -entry credit of tendered Bonds to the Trustee's DTC account.

DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the District or the Trustee. Under such circumstances, in the event that a successor depository is not obtained, physical certificates are required to be printed and delivered.

The District may decide to discontinue use of the system of book -entry only transfers through DTC (or a successor securities depository). In that event, Bonds will be printed and delivered to DTC.

THE PAYING AGENT, AS LONG AS A BOOK -ENTRY ONLY SYSTEM IS USED FOR THE BONDS, WILL SEND ANY NOTICE OF REDEMPTION OR OTHER NOTICES TO OWNERS ONLY TO DTC. ANY

FAILURE OF DTC TO ADVISE ANY DTC PARTICIPANT, OR OF ANY DTC PARTICIPANT TO NOTIFY

ANY BENEFICIAL OWNER, OF ANY NOTICE AND ITS CONTENT OR EFFECT WILL NOT AFFECT THE

VALIDITY OF SUFFICIENCY OF THE PROCEEDINGS RELATING TO THE REDEMPTION OF THE BONDS CALLED FOR REDEMPTION OR OF ANY OTHER ACTION PREMISED ON SUCH NOTICE.

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APPENDIX H

SECURITIES AND EXCHANGE COMMISSION ORDER
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4877-5532-3965v8/022599-0033

APPENDIX I

APPRAISAL REPORT
I-1
4877-5532-3965v8/022599-0033

City of Beaumont
Community Facilities District No. 2016-3
(Sundance)
2023 Special Tax Bonds
May 2, 2023
.AUMUNT
catiova.

Stradling STIFEL (SjjWebb
Nor L'itiaticial SUIutioits Attorneys at Law

Table of Contents
Financing Overview
SEC Compliance, Items Subject to Council Approval
Financing Details and Tentative Schedule

1. Financing Overview

Project and Development Summary
Tri Pointe is Developing the CFD into Age -Restricted (55+) Single Family Homes Known as 'Altis Beaumont'
► CFD is a Part of the `Sundance' Master Planned Community Except for the Remaining Units in the CFD, Sundance is Complete City Formed CFD 2016-3 on February 7, 2017
Property in the CFD Contains 704 Parcels
Development and Ownership Status as of April 10, 2023:
424 Completed and Conveyed to Individual Homeowners
23 Completed and Owned by Developer
257 Under Construction or in Lot Condition

4 Regional Map
Northeastern
Portion of the City
Bordering the City
of Banning
Starlight Ave to the
West, N Highland
Springs Ave to the
East, and Cougar
Way to the West
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CFD 21316-3
5 Map Created by Webb Municipal Finance on Deceml:Dgfe, LP?f 786

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Financing Overview
Not to Exceed Par Amount of $22,000,000 Approved at Formation 2023 Bonds Expected to be Issued in an Amount of $9,050,000* Parity Bonds Permitted in a Not to Exceed Amount of $12,950,000* 2023 Bonds will be Structured Such that Special Taxes from 561 `Developed' Parcels will Provide 1.10x Coverage on Annual Payments Developed: Permits Issued on or Before March 1 of the Prior Fiscal Year Bond Proceeds will Reimburse the Developer for Development Impact Fees (DIF) and Eligible Public Infrastructure Improvements Pursuant to a Settlement Agreement (Discussed on Next Slide), the Developer Agreed to Pay/ Advance DIF to the City for Construction of Authorized Facilities
Select Bond Statistics Provided on Slide 12
*All Numbers are Preliminary and Subject to Change. tap 484v6Ia'8 ased on Market Conditions as of April 17, 2023. 7

Pardee Homes Settlement Agreement
Pardee Homes (now Tri Pointe) and the City entered into Development Agreements (DAs) for Sundance and Tournament Hills communities
The DAs required the City to form CFDs to finance facilities and fees In February 2017, the City and Pardee Homes entered into a Settlement Agreement to resolve certain disputes related to the infrastructure financing provisions of the DAs related to CFD 93-1 IA's 8, 8A, 8B, 8C, 8D, 8E, 8F, 17A, 17B, 17C and 17D
Per Settlement Agreement, the City agreed to form CFDs 2016-2 and 2016-3, issue bonds and release "pay -go" special taxes previously collected, to Pardee Homes
Pardee Homes agreed to advance DIF and/or build public
infrastructure for the City and release claims against City 2023 Bonds are being issued in accordance with the Settlement Agreement Page 485 of 786

SEC Compliance, Items Subject to
Council Approval

Securities and Exchange Commission Compliance
The Preliminary Official Statement and Official Statement Contain SEC Mandated Disclosure Related to the Cease and Desist Order and the Beaumont Financing Authority's
Compliance History with its Continuing Disclosure Undertakings The City has and will Comply with its Disclosure Policies and the SEC Cease and Desist Order
The Official Statement was Reviewed by the Financing Team City staff and City Council have recently received disclosure training

Items Subject to City Council Approval
City Resolution Authorizing the Issuance of Bonds
Authorizing the 2023 Bonds in an Amount Not to Exceed $10,000,000 Approving Certain Documents and Taking Certain Other Actions Bond Purchase Agreement
Continuing Disclosure Agreement
Preliminary Official Statement
Indenture of Trust
Hire Financing Team
Compliance with Debt Issuance and Management Policy
Acknowledgment of Good Faith Estimates
City Resolution Approving the Acquisition Agreement

3. Financing Details and Schedule

Select Financing Statistics
Par Amount: $9,050,000*
True Interest Cost: 5.00%*
Final Maturity: 2053
(30 -Years)
Special Taxes Collected
Provide 1.10x Coverage
on Annual Debt Payments
No Escalation of Special Tax or Debt Payments
$900,000
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
$100,000
Level Payments; NO Escalation
$o
11 11
11 11
11 11
d- l0 00 O N d' l0 CO O N d' l0 00 O N
N N N M M CO M M d" d' d' d• d- LC)

O O O O O O O O O O O O O O O
Ni N N N N N N N NJ N N N N N N
iAnnual Debt Payments Coverage Net Special Taxes
*AII Numbers are Preliminary and Subject to Change. Stapigee 0gvgfa78@ased on Market Conditions as of April 17, 2023. 13

Estimated Costs of Issuance
Issuance Costs in Line with Past, Similarly Sized City CFD Financings $9.1mm CFD 2016-1 (Fairway Canyon) 2019 Bonds: $308,675 $12.7mm CFD 93-1 IA -8E (Sundance) 2018 Bonds: $355,700 Estimated Issuance Costs
Role
Underwriter
Bond/Disclosure Counsel
Municipal Advisor
Special Tax Consultant
Appraiser
Trustee
Printer
Contingency
Estimated Costs
Party
Stifel
Stradling
Urban Futures
Webb
Integra
Wilmington
AVIA
Total
$118,555
85,000
47,500
20,000
27,500
5,000
2,500
3,945
$310,000
All Numbers are Preliminary and Subject to Change. StatiptikjeAlmedry sed on Market Conditions as of April 17, 2023. 14

Tentative Schedule
Assuming Council Approval this Evening, the Bonds are Expected to Price Next Week and Close Two Weeks Later
Tuesday, May 2nd
Wednesday, May 3rd
Week of May 8th
Week of May 22nd
Description
City Council Meeting to Approve Financing
Post Preliminary Official Statement
(Make Available to Prospective Investors)
Pricing of 2023 Bonds
Settlement of 2023 Bonds (Date of Issuance)
Preliminary and Subject to Change.

BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
DATE May 2, 2023
SUBJECT: Sponsorship of the 2023 Cherry Festival
Description Strategic Plan Level 3, Target 1, Goal 3
Background and Analysis:

On December 6, 2022, staff brought forth an item for City Council review of a $100,000 sponsorship of the 2023 Cherry Festival. During the item, Council also discussed financially supporting an audit of the Cherry Festival Association's financial records from 2022. Specifically, Council committed to paying 75% of the auditor's fees. The Cherry Festival Association chose Jeannette Garcia, CPA to conduct the audit for the year ending December 31, 2022.

The purpose of the attached DRAFT Audit (Attachment A) was to:
• Exercise professional judgement and maintain professional skepticism throughout the audit.
• Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
• Obtain an understanding of internal controls relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Cherry Festival Association's internal controls. Accordingly, no such opinion is expressed.
• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
• Conclude whether, in the auditor's judgement, there are conditions or events, considered in the aggregate, that raise substantial doubt about the

Cherry Festival Association's ability to continue as a going concern for a reasonable period of time.

At the conclusion of the audit process the auditor stated, "In our opinion, based on our audit, the accompanying financial statements referred to above present fairly, in all material respects, the respective financial position of the Cherry Festival Association, as of December 31, 2022, and the results of their operations and their cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America."
Additionally, City staff was notified by the Cherry Festival Association that the City had previously paid for the portable stage in prior years since the original stage and pavilion had been demolished. The cost of the stage rental is $10,000. The Cherry Festival Association is requesting the City continue the practice and provide payment directly to M&M Group Entertainment (Attachment B).

Fiscal Impact:

The sponsorship of the Cherry Festival in the amount of $100,000 is included in the current fiscal year budget line item 100-1550-7040-0000. Additionally, should Council approve payment for the portable stage, that invoice would be allocated to 100-1550- 7040-0000, as well. The cost for the City's agreed upon 75% share of the auditor will be allocated to 100-1200-7900-0000.

Recommended Action:

Approve the sponsorship of the 2023 Beaumont Cherry Festival and allocate $100,000 from the Recreation Programs Account No. 100-1550-7040-0000; and Approve the payment for the portable stage for an amount of $10,000 from 100-1550- 7040-0000; and
Authorize the City Manager to approve the payment up to 75% of the total amount for the services for the auditor from 100-1200-7900-000 once the invoice is received.

Attachments:

A. DRAFT Financial Audit
B. Quote for Portable Stage

CHERRY FESTIVAL ASSOCIATION

ANNUAL FINANCIAL STATEMENTS WIT ORT OF

INDEPENDENT CERTIFIED PUBLIC A TANT
DECEMBER 31, 2
<e''
JLG
Jeanette L. Garcia & Associates

CERTIFIED PUBLIC ACCOUNTANT

CHERRY FESTIVAL ASSOCIATION

TABLE OF CONTENTS
DECEMBER 31, 2022
PAGE

INTRODUCTORY SECTION

TABLE OF CONTENTS

FINANCIAL SECTION

INDEPENDENT AUDITOR'S REPORT

BASIC FINANCIAL STATEMENTS
Statement of Financial Position
Statement of Activities
Statement of Cash Flows

NOTES TO FINANCIAL STATEMENTS

REPORT ON INTERNAL CONTROL OVER FINANCIAL
REPORTING AND ON COMPLIANCE AND 0 ER MA S BASED
ON AN AUDIT OF FINANCIAL STATEMEN . - • RME

ACCORDANCE WITH GOVERNMENT AUDI
i
1 Exhibit A 3
Exhibit B 4
Exhibit C 5
6 9

i

JLG
Jeanette L. Garcia,
CPA
Member:

American
Institute of
Certified Public
Accountants
California
Society of
Certified Public
Accountants
Jeanette L. Garcia & Associates
202 East Airport Drive, Suite 160
San Bernardino, CA 92408
Phone: (909) 763-2100
Fax: (909) 763-2330
www.j1gcpa.net

INDEPENDENT AUDITOR'S REPORT
To the Board of Directors,
Cherry Festival Association
Beaumont, California
Report on the Audit of the Financial Statements
Opinion
We have audited the financial statements of the Cherry Fest Association, as of and for the year ended December 31, 2022, the statement of cash flows a e related notes to the financial statements, which collectively comprise the Cherry Fe sociation's basic financial statements as listed in the table of contents.

In our opinion, based on our audit, the accom ing financial sta -nts referred to above present fairly, in all material respects, the r ctive cial position of the Cherry Festival Association, as of December 31, 2022, and t of their operations and their cash flows for the year then ended in accordance with accounts inciples generally accepted in the United States of America.

Basis for Opinion
We conducted our aud.

States of America
Government Auditi
(Government Auditing
described i
report.
other
audit.
a basis for o
re requi
1 responsib
ieve that
dit
auditing standards generally accepted in the United
applicable to financial audits contained in
the Comptroller General of the United States
ards). Our responsibilities under those standards are further onsibilities for the Audit of the Financial Statements section of our ependent of the Cherry Festival Association and to meet our es, in accordance with the relevant ethical requirements relating to our audit evidence we have obtained is sufficient and appropriate to provide on.

Responsibilities o anagement for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Cherry Festival Association's ability to continue as a going concern within one year after the date that the financial statements are issued or available to be issued. 1

Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion.

Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not guarantee that and audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exits. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate they would influence the judgement made by a reasonable user based on the financial statements.

In performing an audit in accordance with GAAS and Government Auditing Standards, we:
• Exercise professional judgement and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those ris ' Such procedures include examining, on a test basis, evidence regarding the amounts and dis es in the financial statements. • Obtain an understanding of internal control relevant to the audit r to design audit procedures that are appropriate in the circumstances, but not for the purpose of e ssin_ opinion on the effectiveness of the Cherry Festival Association's internal control. Accors _ly, no suc nion is expressed. • Evaluate the appropriateness of accounting policies use d the reasonab : of significant accounting estimates made by management, as well as evaluate iveral -sentation o the financial statements. • Conclude whether, in our judgement, there are condit . o -nts, considered in the aggregate, that raise substantial doubt about the Cherry Festival Association' i ity to continue as a going concern for a reasonable period of time.

We are required to communicate with those charged w _ow garding, among other matters, the planned scope of and timing of the audit, significant ndin_ certain internal control -related matters that we identified during the audit.

Other Reporting Required by Gove Pf' ' ards
In accordance with Governm - • ' rds, we have also issued our report dated DATE, on our consideration of the Che tival A iati. internal control over financial reporting and on our tests of its compliance with certain . isions of la regu . tions, contracts, and grant agreements and other matters. The purpose of that report is so • o describ e scope of our testing of internal control over financial reporting and compliance and the results o testin, d not to provide an opinion on the effectiveness of the Cherry Festival Association's internal control ov ial reporting or on compliance. That report is an integral part of an audit performed in accordance with Gov - ment Auditing Standards in considering Cherry Festival Association's internal control over fmancial reporting and compliance.

San Bernardino, California
DATE

EXHIBIT A

CHERRY FESTIVAL ASSOCIATION

STATEMENT OF FINANCIAL POSITION
DECEMBER 31, 2022
ASSETS
Cash (Note 2)
Accounts Receivable
Total Current Assets

TOTAL ASSETS
$ 462,394
462,394
$ 462,394

LIABILITIES AND NET ASSETS
Liabilities
Other Liabilities
Total Liabilities

NET ASSETS
Without Donor Restrictions 462,394

TOTAL LIABILITIES AND
NET ASSETS $ 462,394
The Notes to Financial Statements are an integral part of this statement. 3

EXHIBIT B

CHERRY FESTIVAL ASSOCIATION

STATEMENT OF ACTIVITIES
FOR THE FISCAL YEAR ENDED DECEMBER 31, 2022

WITHOUT
DONOR

RESTRICTIONS

SUPPORT AND REVENUE
Program Revenue $ 490,160
Interest Income 262
Total Support and Revenue 490,422

EXPENSES
Accounting
Advertis ing
Director Dinner
Donations
Entertainment
Grounds
Insurance
Office
Parade
Salary/Contracted Services
Sales Tax
Other
Total Expenses
4) Net Assets, January 1, 2022 131,337
312
11,618
2,169
7,277
35,824
60,096
10,333
3,201
5,545
18,000
4,283
707
159,365
Change in Net Assets 331,057
Net Assets, December 31, 2022 $ 462,394
The Notes to Financial Statements are an integral part of this statement. 4

EXHIBIT C

CHERRY FESTIVAL ASSOCIATION

STATEMENT OF CASH FLOWS
FOR THE YEAR ENDED DECEMBER 31, 2022
Cash Flows from Operating Activities
Change in Net Assets
$ 330,795
Cash Flows from Investing Activities
Interest Income 262
Net Increase in Cash
Cash - January 1, 2022
Cash - December 31, 2022
331,057
131,337
$ 462,394

5 EXHIBIT C

CHERRY FESTIVAL ASSOCIATION

NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 2022

1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Cherry Festival Association is a charitable, nonprofit organization that provides community events for area residents and others. The community parade is attended by thousands of people and the Cherry Festival is attended by over 40,000 people over a four day period.

Cherry Festival Association is a not -for-profit organization exempt from federal income taxes under Section 501(c)(4) of the Internal Revenue Code. As such, it is also exempt from state income taxes, and contributions by the public are deductible for income tax purposes to the extent allowed by federal and state law.

On an ongoing basis, Cherry Festival Association is funded prim by contributions from the general public, corporate sponsors and earnings from the festival.

CASH
Cash includes amounts on deposit in checking and s

PUBLIC SUPPORT, REVENUE AND EXP SES
Contributions received are recorded as witho or with donor restrictions, depending on the existence and nature of any donor restricti. co Lions are considered to be without donor restrictions unless specifically res the .r or subject to legal restrictions.

Cherry Festival Association
received with donor stipulatio
When donor restrictio
expires — net asset
reported in the s
Association's po
period as contribute
restricted to the purch
service.
e with donor restriction class of net assets if they are through either purpose or time restrictions or both.
when the purpose restriction is fulfilled or the time restriction ns are reclassified to net assets without donor restrictions and et assets released from restrictions. It is Cherry Festival r -restricted contributions received and expended in the same accounting restrictions and as net assets released from restrictions. Contributions rty or equipment are considered to be met when the asset is placed in Contributions are recorded when cash or unconditional promises -to -give have been received or ownership of donated assets to be used directly in the operations is transferred to Cherry Festival Association.

Other revenue is recorded when earned.

Expenses are recorded when incurred in accordance with the accrual basis of accounting.

USE OF ESTIMATES
The preparation of consolidated financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. 6

EXHIBIT C

CHERRY FESTIVAL ASSOCIATION

NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 2022

DONATED SERVICES
Many volunteers have contributed significant amounts of their time to activities of Cherry Festival Association. However, since those donated services neither create or enhance nonfinancial assets nor require specialized skills, the value of the contributed services is not recorded in the accompanying financial statements. Management has not quantified the amount or value of those donated services.

PROMISES -TO -GIVE
As of December 31, 2022, there were no unconditional promises-to-gi . Therefore, no allowance for uncollectable receivables has been established.

NET ASSET CLASSIFICATIONS
Net assets, revenues, gains, and losses are classified bas restrictions. Accordingly, the net assets of the Associ reported as follows:
• Net Assets Without Donor Restricti
are not subject to donor -imposed r
category. These assets may be desi
Directors for special programs, expen
support.
• Net Assets With D
subject to donor -imp
pursuant to t
have any

2. DEPOSITS
Cash at December 31,
— Net ass
All
p
the existen absence of donor -imposed
and t e changes ein are classified and
ithout donor restrictions are net assets that
sociation's activities are included in this
oses by action of the Board of
and equipment, and/or general operating
sets with donor restriction are net assets that are
c 1• ch can be fulfilled either by actions of the Association and/or expire with the passage of time. The Association does not December 31, 2022.
sted of the following:

Deposits:

Cash on Hand and in Banks $ 462,394
Interest Rate Risk
Interest rate risk is the risk that changes in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value to changes in market interest rates. The Association manages its exposure to interest rate risk by maintaining their cash in federally insured interest -bearing bank accounts.

Credit Risk
Credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. The Association does not have a formal investment policy that limits its investment choices other than the limitations of State law.
7

EXHIBIT C

CHERRY FESTIVAL ASSOCIATION

NOTES TO FINANCIAL STATEMENTS
DECEMBER 31, 2022
Concentration of Credit Risk
Concentration of credit risk is the risk of loss attributed to the magnitude of a government's investment in a single issuer. The Association does not place limits on the amount it may invest in any one issuer. At December 31, 2022, the Association had no concentration of credit risk.

Custodial Credit Risk - Deposits
This is the risk that in the event of a bank failure, the Association's deposits may not be returned to it.

However, the California Government code requires that a financial institution secure deposit made by State or local governmental units by pledging securities in an undivided collateral pool held by a depository regulated under State law (unless so waived by the governmental unit.) The market value of the pledged securities in the collateral pool must equal at least 110% of the total . t deposited by the public agencies. California law also allows financial institutions to secu i blic deposits by pledging first trust deed mortgage notes having a value of 150% of the secured pu ' • sits and letters of credit issued by the Federal Home Loan Bank of San Francisco having a val e . 105' , the secured deposits.

Cash balances held in banks and in revolving funds are ' -d up to $2 0 by the Federal Depository Insurance Corporation (FDIC). All cash held by the f ial in titutions is . y insured or collateralized.

3. DATE THROUGH WHICH SUBSEQUENT EVEN

ALUATED
Cherry Festival Association has evaluated t 1 ATE ' er there are any subsequent events that should be considered for inclusion in these fi g. •• ent hat date is when the financial statements are available to be issued.

8 JLG
Jeanette L. Garcia,
CPA
Member:

American
Institute of
Certified Public
Accountants
California
Society of
Certified Public
Accountants
Jeanette L. Garcia & Associates
202 East Airport Drive, Suite 160
San Bernardino, CA 92408
Phone: (909) 763-2100
Fax: (909) 763-2330
www.j1gcpa.net

REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON

COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL

STATEMENTS PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor's Report
To the Board of Directors
Cherry Festival Association
Beaumont, California
We have audited, in accordance with auditing
America and the standards applicable to fin
Standards, issued by the Comptroller Gene
governmental activities of the Cherry Festival
31, 2022, and the related notes to tll nancial st
Festival Association's basic financ
Internal Control Over Financial Re
ards general epted in the United States of
audi contained 1 overnment Auditing
the ted States, the financial statements of the
ation as of and for the year ended December
nts, which collectively comprise Cherry
e issued our report thereon dated DATE.

In planning and perfo g o dit of financial statements, we considered Cherry Festival Association's inte ontro . nc reporting (internal control) to determine the audit procedures that are a. . in umstances for the purpose of expressing our opinions on the financial -nts, of for the purpose of expressing an opinion on the effectiveness of Cherry Fe do ternal control. Accordingly, we do not express an opinion on the effecti ss of Che esti Association's internal control.

A deficien interns .ntrol exists when the design or operation of a control does not allow management . -es, in the normal course of performing their assigned functions, to prevent, or dete . correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses of significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.

However, material weaknesses may exist that have not been identified.

9 Compliance and Other Matters
As part of obtaining reasonable assurance about whether Cherry Festival Association's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide and opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accor ly, this communication is not suitable for any other purpose.

San Bernardino, California
DATE

10 rrm

GROUP ENTERTAINMENT
Stache Inc. dba The M&M Group
16872 Bolsa Chica Street, Suite 204
Huntington Beach CA 92649
Bill To
Beaumont Cherry Festival
Invoice
Date
Invoice #
1/31/2023
1618
Project
Terms
PO
Stage Rental Cerry ...

Due on receipt
Quantity
Description
Rate
Amount
1 Cherry Festival Stage Rental - June 1st - 4th, 2023
Stage Rental
10,000.00
10,000.00
Thank you for your business.

Total
$10,000.00

BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Doug Story, Director of Community Services
DATE May 2, 2023
SUBJECT: Approve a Public Works Agreement with Smart City Electric Group for Fire Station 66 Electrical Upgrades in an Amount Not to Exceed $63,045.20 — Capital Improvement Project (CIP) No. PS -03
Description Award Public Works Agreement for Electrical Upgrade Services at Fire Station 66 — CIP No. PS -03
Background and Analysis:

The Beaumont Community Services Department is seeking to award a public works construction contract to Smart City Electric Group for electrical work and upgrades of the Riverside County Fire Department, Station 66 located at 628 Maple Ave., which includes panel/meter upgrades, rewiring/recircuiting, and installation of new equipment.

Detailed work includes, but is not limited to, removals, demolition, panel/meter replacement installation, and review and rewire as necessary to meet current California Electric Code (CEC) requirements for all outlet and circuit terminations.

This project will allow for the needed electrical upgrades for the facility that will enable fire staff to continue to grow their infrastructure in the station and to allow for the correction of items that need to be updated to the newest and safest equipment and code requirements.

Per Beaumont Municipal Code Section 3.01.080; on February 9, 2023, staff released a Request for Bid for Fire Station 66 electrical upgrades and conducted a walk through for potential bidders on March 1, 2023. On March 14, 2023, five potential bidders submitted sealed bids that were opened, and all bids were reviewed. The City's contract electrical engineers and staff reviewed all bids and Smart City Electrical Group were found to be the lowest responsive bidder.

The bids reviewed were as follows:

Smart City Electrical Group
GA Technical Services
$ 63,045.20
$ 65, 794.80

M. Brey Electric
Polar Electrical Company
The Design Build
$ 119,588.10
$ 208,791.60
$ 215, 786.00
Fiscal Impact:

Funding for this project is allocated through the five-year Capital Improvement Plan (CIP) Fiscal Year 2023-2027. Project No. PS -03 has designated $250,000 for improvements at Fire Station 66. Currently, $133,718.00 is available for projects at Fire Station 66. The total contract amount of $63,045.20, with an additional contingency amount of $6,300 for a total contract amount of $69,345.20 will be charged to the PS -03 CIP project.

The estimated cost to prepare this report was $255.

PS -03 Fire Station Rehab Project Accounting Summary
Funding Summary
Funding Year
Funding Source
Amount
20/21
CFD
$250,000
Total Project Funding = $250,000
Budget Summary
Project Component
Budget
Encumbered
Paid to
Date
Remaining
Budget
Project Management
$0
$0
$0
$0
Preliminary Services
$0
$0
$0
$0
Environmental
$0
$0
$0
$0
Design
$60,000
($40,130)
($31,217)
$19,870
Construction
$140,000
($49,800)
($49,800)
$90,200
Construction Management
$0
$0
$0
$0
Permits
$0
$0
$0
$0
Equipment
$50,000
($26,352)
($11,367)
$23,648
Project Summary Totals
$250,000
($116,282)
($92,384)
$133,718
Recommended Action:

Approve the Purchase Order for Smart City Electric Group in the amount of $69,345.20, and
Authorize the Mayor to execute the Public Works Agreement for services for Fire Station 66 Electrical Upgrades for CIP No. PS -03.

Attachments:

A. Smart City Electrical Group Quote
B. Public Works Agreement

City of Beaumont
Request for bid

BEAUMONT
—wow.—
Bond No. 140
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
' CIP PS -03

BID BOND
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
The makers of this bond are,
Smart City Electric Group
as Principal, and
Merchants Bonding Company (Mutual)
, 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 March 14 , 2023 , for CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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.

BID BOND
16

City of Beaumont
Request for bid
RIVERSIDE COUNTY FIRE DEPT.

MOM STATION 66 ELECTRICAL UPGRADES
CIP PS -03
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 9th day of March , 20 23 , the name and corporate seal of each corporation.
(Corporate Seal)
,� EE C To/ 1 Ili.ir
Q•P o RA 0.5) i
O F O
V G i
< SEAS
.7 -tzg
5 N
'., 2020
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
Smart City Electric Gro p
Principal
By:

Michael Ivan Sandoval - President
Title
Merchants Bonding Company (Mutual)
Surety
By:

Les M. Mantle -Attorney in Fact

BID BOND
17

City of Beaumont
Request for bid

EAUNIANT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
"SEE ATTACHED"

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.
(SEAL)
Commission expires:

Notary Public in and for said State
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.

BID BOND
18

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 Orange
1 On L °' before me, Mary Martignoni - Notary Public
Date
personally appeared
Here insert Name and Title of the Officer
Les M. Mantle
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person%whose nameM is/ subscribed to the within instrument and acknowledged to me that hef ilaey executed the same in his}tyatJJ tf authorized capacity(a , and that by hisfrit4WireirsignatureKon the instrument the person., or the entity upon behalf of which the person } acted, executed the instrument. : MARY MARTIGNONI
a' d COMM #2301319 n
w •_ ; . NOTARY PUBLIC - CALIFORNIA y
¢ % ORANGE COUNTY
My Commission Expires Sept. 9, 2023 •
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 hand and official seal.

Signature
Signat re • Notary Public

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:

Signers) Other Than Named Above:

Capacity(ies) Claimed_by Signer(s)
Signer's Name: Les M. Mantle
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited 0 General
❑ Individual IC Attorney in Fact
O Trustee 0 Guardian or Conservator
0 Other:

Signer is Representing:

Merchants Bonding Company [Mutual)
©2018 National Notary Association
Signer's Name:
❑ Corporate Officer — Title(s):

O Partner — 0 Limited 0 General
O Individual 0 Attorney in Fact
❑ Guardian or Conservator
❑ Trustee
❑ Other:

Signer is Representing:

MERCHANT
BONDING COMPANY.

POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Les M Mantle
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments In the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings atlowed by law.

This Power-of-Attomey Is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations In favor of the Florida Department of Transportation only, ft Is agreed that the power and aut hority hereby given to the Attorney -In -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of its obligations under its bond.

In connection with obligations in favor of the Kentucky Department of Highways only, It is agreed that the power and authority hereby given to the Attorney -In -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 8th day of December , 2022 . -• ..........•.
egyp`•°••
< o Uzi
V. 2003
STATE OF IOWA '•.,..........•..••
COUNTY OF DALLAS ss.

On this 8th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. �O• �NG C' 44 •.
: °: 1t'09• • 9 .
y; 1933 ; C
J•0. . •1r.
.

MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
d/bfa MERCHANTS NATIONAL INDEMNITY COMPANY
By
'• 'v'r � IGm tee
• Commission tanker 702737
r " ON Commission Exrires
▪ r April 14, 2024
(Expiration of notary's commission does not Invalidate this instrument) I, Wiliam Wamer, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which Is still in full force and effect and has not been amended or revoked.
du,u
Notary Public
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 9th day of March, 2023 -•��Pt10 MqT••.• ."D0N6 Ca:.
• ltPO .O t :O RP09' .q•.
d? -o- v1° 44-4 . -O- a•
Z •z
v1. 2003 • : : %6 . 1933
sd' ♦ .• . v6. act
••.•ty•... ...•;;t,.• •.-./, • . t
Secretary
POA 0018 (10/22)

City of Beaumont
Request for bid
NAME OF BIDDER:

BEAUMONT

BID FORM
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

SMART CITY ELECTRIC GROUP
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:

CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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)
TOTAL S I K-ry1 H R-Er7 ,IvuS.4ND i v(
BID PRICE Do I!A.IM 11 -JO TIN ENTyc4514-r5

BID PRICE
(IN NUMBERS)
( 2, oy5. 2O
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID FORM
11

City of Beaumont
Request for bid
RIVERSIDE COUNTY FIRE DEPT.
pEumeRT STATION 66 ELECTRICAL UPGRADES
CIP PS -03

BASE BID

BID SCHEDULE A
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
ITEM
NO

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
1 Mobilization
1 LS
$8,000. "o
sit 8lax •c"
2 Finishes
1 LS
��yodQ •4A
lb 12,580•"
. 9)00C.oa
gj 12,580 •°°
3 Demolition and Removal of old
equipment
1 LS
4 200 Amp Panelboard
1 EA
li /to 00.06
II 1) 6,00."
5 100 Amp Panelboard
1 EA
A i,3 ay."
4(/, 3c2V. "~
6 200 Amp Service Meter
1 EA
qq,214,00. eo
5 21(oOU, ao
7 3/4" Conduit
140
LF
g /2,
&/6 9. °`'
8 9

1.5" Conduit
460
LF
/'3S. vb
,1/ 6 /0,
2" Conduit
70 LF
S 4'2
if 2q 4, ea
10 2.5" Conduit
60 LF
cg 61. re
6 S72- 6'O
11 600V, #12 Copper Conductor
1000
LF
S. 20
tt• 02000 to
12 600V, #6 Copper Conductor
70 LF
g /, yG
/6 • 2a
13 600V, #4 Copper Conductor
60 LF
/, 77
S /06, g 0
14 600V, 1/0 Copper Conductor
280
LF
4 g. gc
lei y 9, 2i0
15 600V, 4/0 Copper Conductor
280
LF
g 6./2
S /)711.60
16 Reconnect existing Generator/ATS
1 LS
LS
$ 6130, "'
,f 7,200."
$ 63 36-0 .`"
JAS 73 0-0. °"
17 Relocate Electrical SCE Service Drop
1 18
Associated Supports, Elbows, &
Connector for Conduit
1 LS
GO
3,�0��'
3 6 �, ca
19 Reconnect existing Generator/ATS
1 LS
3 6a361).4°
,330 -D,6°
/ 6,330 -a,"

BID FORM
12

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
ITEM
O.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
{FIGURES}
PROJECT BASE BID SUBTOTAL:
463,ON6. A. O
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.

BID FORM
13

City of Beaumont
Request for bid
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

BID CERTIFICATION
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No. 1081062
Expiration Date 09/30/2023
Class of license 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 3

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 SMARCITY F_,I,ECTF IC GROUP
Signature
Name and Title Michael Ivan Sandoval, President
Dated March 10, 2023

BID FORM
14

City of Beaumont
Request for bid
RIVERSIDE COUNTY FIRE DEPT.
d UUU U STATION 66 ELECTRICAL UPGRADES
CIP PS -03

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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 SMART CITY ELECTRIC GROUP
Signature
Name and Title Michael Ivan Sandoval, President
Dated
March 10, 2023

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
15

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

DESIGNATION OF SUBCONTRACTORS
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount of $500 or more. *** Please list all subcontractor that exceed $500***
Portion of the Work Subcontractor
NONE
Location of Business
%ofWork

DESIGNATION OF SUBCONTRACTORS
19

City of Beaumont
Request for bid
Portion of the Work Subcontractor
BEAU ►ONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
Location of Business
% of Work
Name of Bidder SMART CITY ELECTRIC GROUP
Signature
Name and Title
Dated
Michael Ivan Sandoval, President
March 10, 2023

DESIGNATION OF SUBCONTRACTORS
20

City of Beaumont
Request for bid
BEAUM.,ONT
fatiffevt
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

INFORMATION REQUIRED OF BIDDERS
CIP PS -030 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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: SMART CITY ELECTRIC GROUP

2.0 Type, if Entity: Corporation

3.0 Bidder Address: 23003 Ventura Blvd.

Woodland Hills, CA 91364
818-225-0284 818-225-0633
Facsimile Number Telephone Number

4.0 License Information:
1081062
C-10
License No.
1000823353
09/30/2023
Class of License Expiration Date
DIR Registration No.

5.0 How many years has Bidder's organization been in business as a Contractor? 2 6.0 How many years has Bidder's organization been in business under its present name? 2

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

INFORMATION REQUIRED OF BIDDERS
21

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

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

7.1 Date of Incorporation: 09/10/2021

7.2 State of Incorporation:

7.3 President's Name:

California
Michael Ivan Sandoval

7.4 Vice -President's Name(s): Louis Loizu

7.5 Secretary's Name:

7.6 Treasurer's Name:

Louis Loizu
Louis Loizu

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):

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.

N/A

INFORMATION REQUIRED OF BIDDERS
22

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

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

Merchants Bonding Company (Mutual)

LESRON INSURANCE
Les Mantle
1440 N. Harbor Blvd., Ste. 610, Fullerton, CA 92835

INFORMATION REQUIRED OF BIDDERS
24

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

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

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

NO

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:

NO

14.0 List Trade References:

SEE ATTACHED

15.0 List Bank References (Bank and Branch Address):

WELLS FARGO
6460 Platt Ave, West Hills, CA 91307

INFORMATION REQUIRED OF BIDDERS
23

City of Beaumont
Request for bid
‘;;;

BEAUMONT
B. LIST OF CURRENT PROJECTS (Backlog)
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
[**Duplicate Page if needed for listing additional current projects.**] Project
Description of
Bidder's Work
NONE
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone

INFORMATION REQUIRED OF BIDDERS
25

City of Beaumont
Request for bid BEflUMONT STATION 66 ELECTRICAL UPGRADES —G CIP PS -03
RIVERSIDE COUNTY FIRE DEPT.

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

SEE ATTACHED LIST OF REFERENCES

INFORMATION REQUIRED OF BIDDERS
26

City of Beaumont
Request for bid

BEAUMONT
fu[i{evwr
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
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:

Project Manager
Michael Ivan Sandoval
100%

2. Summarize each person's specialized education:
certified electrician, licensed electrical contractor

3. List each person's years of construction experience relevant to the project:
15 4. Summarize such experience:
completed many public works electrical projects - SEE ATTACHED 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.

INFORMATION REQUIRED OF BIDDERS
27

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

RIVERSIDE COUNTY FIRE DEPT.

EAUMONT STATION 66 ELECTRICAL UPGRADES
CIP PS -03
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:

N/A
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 SMART CITY ELECTRIC GROUP
Signature
Name and Title
Dated
Michael Ivan Sandoval, President
March 10, 2023

INFORMATION REQUIRED OF BIDDERS
28

City of Beaumont
Request for bid
RIVERSIDE COUNTY FIRE DEPT.

BEAUMONT STATION 66 ELECTRICAL UPGRADES
Uttipytnia,— CIP PS -03

NON -COLLUSION AFFIDAVIT
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
1, Michael Ivan Sandoval
, being first duly sworn, deposes and says that he is
of the 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 laws of the State of California that the foregoing is true and correct.

Name of Bidder SMART CITY ELECTRIC GROUP
Signature
Name and Title
Dated
Michael Ivan Sandoval, President
March 10, 2023

NON -COLLUSION AFFIDAVIT
29

Addendum No. 1— February 24, 2023
Prepared by:

RFB# PS -03
(CS#22-05)
Fire Station 66 Electrical
Upgrades
Addendum No. 1
RFB # PS -03 (CS#22-05)
Fire Station 66 Electrical Upgrades
City of Beaumont
550 E. 6th Street
Beaumont, CA 92223
The following corrections, additions, deletions, and/or modifications to the above proposal package, by this reference, shall be incorporated therein:

JOB -SITE INSPECTION
A job -site inspection (walk-through) is scheduled for Wednesday, March 1, 2023 at 1:00 P.M.

Interested parties should meet outside Riverside County Fire Department, Station 66 located at 628 Maple Avenue, Beaumont, CA 92223.

ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME.

Any questions regarding this should be sent to:

Grace Wichert
gwichertc beaumontca.gov
By:

Date Received by Bidder:
02/27/2023

SMART CITY ELECTRIC GROUP
(Bidder's i ompany Name)
Signature)
Michael Ivan Sandoval
(Type or Print Name)
(Bidder's
Bidder shall include a signed copy of this Addendum No. 1. with the bid proposal.

End of Addendum No. 1

Addendum No. 1 - 02 23/2023

BEAUMON
CIP PS -03 Fire Station 66 Electric ai Upgrades
RFB# CIP PS -03 (CS#22-05)
Clip PS -03 Fire Station 66 Elec
Upgrades
Addendum No. 1
Request for Clarifications (RFC) Questions
Q1. Does this electrical upgrade include replacing existing generator and ATS? if not, are there any pansto do so in the near future?
City of Beaumont Response:

Q2. I was just wondenng if there is a sit : visit
City of Beaumont Response:

Q3. Can you provide a projected start
City of Beaumont Response:

Q4. What is the budget for this preset?
City of Beaumont Response:
du
d. t did not see it on the invite.
e for the proje
Q5. Can you provide photos of the existing Meter Main panel, AT A, B, and EM panels? City of Beaumont Response:

Q6. Can you provide photos of the g type
City of Beaumont Response:
hard ceiling)?
Q7. Can you provide photosof the new locationf the Service Meter main? City of Beaumont Response

08. Can you provide photos of the room that itl be rewired to the Elie Panel? City of Beaumont Response:

Q9. What is the estimated cost fear° this project?
City of Beaumont Response:

Q10. tlliill there be site walk for this project
City of Beaumont Response:

QQ11. Is there an engineers estimate?
City of Beaumont Response:
012. Would we be able to walk the site?
City of Beaumont Response:
013: Could we possibly schedule a job walk for the. CIP-PS-t73 FIRE STATION 66 Electrical Upgrades. Project? We are putting together a Bia Proposal for the Project but would feel a lot more comfortable walking the job.

City. of Beaumont Response:
013. For the city project CIP PS -03; are there any liquidated dame es? 1 was looking over the specifications and didn't see any information about it? Glty of Beaumont Response:

Addendum No. 1— 02/23/2023
Any questions regarding this should be sent to.

Grace Wichert.
cgwichertabeaurnontca.gov
By:

Date Received by Bidder:
03/01/2023
RFB# GIP PS -03 (CS#22-05)
GIP PS -03 Fire Station 66 Electrical
Upgrades

SMART CITY ELECTRIC GROUP
Michael Ivan Sandoval
t'I'} pe or Print Name)
Bidder shall include a sinned cop o!'this Addendum. No. 1 with the bid proposal.

End of Adder du m No. 1

Addendum No. 2 — 03/07/2023

BEAUMONT
C A 6, I F C3 (t :d i A-
RFB# CIP PS -03 (CS#22-05)
CIP PS -03 Fire Station 66 Electrical
Upgrades
CIP PS -03 Fire Station 66 Electrical Upgrades
Addendum No. 2
Request for Clarifications (RFC) Questions

01. Does this electrical upgrade include replacing existing generator and ATS? If not, are there any plans to do so in the near future?
City of Beaumont Response: No the generator and ATS will not be replaced.

Q2. I was just wondering if there is a site visit scheduled. I did not see it on the invite.

City of Beaumont Response: Site visit was scheduled 3/1/23 Q3. Can you provide a projected start date for the project? City of Beaumont Response: Contract will go to council on April 18 for award. Project may start after that date.

Q4. What is the budget for this project?
City of Beaumont Response: This project is fully funded by our CIP (Capital Improvement Plan)
Q5. Can you provide photos of the existing Meter Main panel, ATS, A, B, and EM panels? City of Beaumont Response:

Q6. Can you provide photos of the ceiling type (acoustic ceiling, hard ceiling)? City of Beaumont Response:

Q7. Can you provide photos of the new location of the Service Meter main? City of Beaumont Response:

Q8. Can you provide photos of the room that will be rewired to the EM Panel? City of Beaumont Response:

Q9. What is the estimated cost for this project?
City of Beaumont Response: This project is fully funded by our CIP (Capital Improvement Plan)
Q10. Will there be site walk for this project?
City of Beaumont Response: Site visit was scheduled 3/1/23 Q11. Is there an engineer's estimate?
City of Beaumont Response:

Q12. Would we be able to walk the site?
City of Beaumont Response: Site visit was scheduled 3/1/23 Q13. Could we possibly schedule a job walk for the CIP-PS-03 FIRE STATION 66 Electrical Upgrades. Project? We are putting together a Bid Proposal for the Project but would feel a lot more comfortable walking the job.

City of Beaumont Response: Site visit was scheduled 3/1/23 Q13. For the city project CIP PS -03, are there any liquidated damages? I was looking over the specifications and didn't see any information about it? City of Beaumont Response: N/A
Any questions regarding this should be
sent to:

Grace Wichert
awichert c�7beaumontca.gov

SMART CITY ELECTRIC GROUP
By7
Date Received by Bidder:
(Bi ier's Company Name)
(Bidder's Signature)
03/08/2023 Michael Ivan Sandoval
(Type or Print Name)
Bidder shall include a signed copy of this Addendum No. 2 with the bid proposal.

End of Addendum No. 2

Addendum No. 3 — 03/08/2023

BEAU MO T
•C ,A F'Q us n.

RFB# CIP PS -03 (CS#22-05)
CIP PS -03 Fire Station 66 Electrical
Upgrades
CIP PS -03 Fire Station 66 Electrical Upgrades
Addendum No. 3

REVISIONS
NOTICE INVITING BIDS- Bid Dates Times and Locations as follows:

The Bid received by date and bid opening date are revised as follows:

BID DATES, TIMES, & LOCATIONS:

Bid Published:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

REQUL.ST FOR CLARIFICATION
February 9, 2023
March 14, 2023 @ 2:00 P.M.
550 E. Sixth Street (City Hall)
Beaumont, CA 92223
February 23, 2023 @ 2:00 P.M.

March 14, 2023 @ 2:15 P.M.
550 E. Sixth Street (City Hall), Room 4
Beaumont, CA 92223
Q1. Requesting an extension on the rfi due date. Since the job walk was held 3/1/23 today.

City of Beaumont Response: Due date has been extended to March 14, 2023 at 2:00 P.M.

Q2. Is the owner providing a temporary trailer for the firefighters or is the contractor providing the temporary trailer? During the time work is being done in the barracks area.

City of Beaumont Response: City will coordinate and be responsible for.

Q3. Is a temporary generator required for the project during the shutdown? City of Beaumont Response: No.

Q4. Is MC Cable permitted to use in certain above ceiling locations. Ex.) From office to new panel EM City of Beaumont Response: MC Cable is permittable in the drop ceiling if they meet the following:

1. The cable will be secured to the building structure roof deck, meeting all the requirements of 330.30 and not supported on the drop ceiling.

2. The drop ceiling is not a fire -rated cavity.

Q5. Would the bid due date extend?
City of Beaumont Response: Due date has been extended to March 14, 2023 at 2:00 P.M.

Any questions regarding this should be
sent to:

Grace Wichert
c1wichert beaumontca.ciov

SMART CITY ELECTRIC GROUP
By'
Date Received by Bidder:
03/08/2023
,..(y idd4r's Company Name)
xzIL j
(Bidder's Signature)
Michael Ivan Sandoval
(Type or Print Name)
Bidder shall include a signed copy ofihis Addendum No. asaithelid_pnaosat End of Addendum No.3

SMART CITY ELECTRIC GROUP
23003 Ventura Blvd.

Woodland Hills, CA 91364
Phone 818-225-0633 Email [email protected]
License # 1081062

LIST OF REFERENCES
Project Name: Columbus High School — Electrical Work
Location: Downey, CA
Owner: Downey Unified School District
Owner Contact (name, current phone number, and email):

Annie Aung, Facilities Construction Coordinator, (562) 469-6752, [email protected] Description of Project, Scope of Work Performed: Electrical Work Total Value of Construction (including change orders): $291,500.00 Original Scheduled Completion Date: 03/16/2022
Time Extensions Granted (number of days): n/a
Actual Date of Completion: 03/16/2022 NO CLAIMS
Project Name: Schroeder Hall ADA Entry Ramp Lighting Project Location: Rohnert Park, CA
Owner: Sonoma State University
Owner Contact (name, current phone number, and email): Bill Fulton, Facility Project Supervisor 707-664-3267 [email protected]
Description of Project, Scope of Work Performed: Electrical Work Contract No. 122115 Total Value of Construction (including change orders): $23,998.00 Original Scheduled Completion Date: 09/21/2022
Time Extensions Granted (number of days): n/a
Actual Date of Completion: 08/10/2022 NO CLAIMS
Project Name: CDVA - ELECTRIC VEHICLE SUPPLY EQUIPMENT VENTURA Location: Ventura, CA
Owner: DEPARTMENT OF VETERANS AFFAIRS, State of California Owner Contact (name, current phone number, and email):

Ryan Allgood, Project Director I, 916 375-4115, [email protected] Description of Project, Scope of Work Performed: Electrical Work Total Value of Construction (including change orders): $146,000.00 Original Scheduled Completion Date: 05/30/2022
Time Extensions Granted (number of days): n/a
Actual Date of Completion: 09/02/2022 NO CLAIMS
Project Name: Cameras Installation
Location: Porterville, CA
Owner: Burton School District
Owner Contact (name, current phone number, and email):

Don Scott, IT Manager, Burton School District 559-788-6418 x-10005, [email protected] Description of Project, Scope of Work Performed: Electrical Work Total Value of Construction (including change orders): $160,000.00 Original Scheduled Completion Date: 09/08/2022
Time Extensions Granted (number of days): n/a
Actual Date of Completion: 09/08/2022 NO CLAIMS
Project Name: Electric Vehicle Charging Stations Improvements at City Facilities Location: Paramount, CA
Owner: City of Paramount
Owner Contact (name, current phone number, and email): Rafael Casillas, City Engineer 562-220-2220 [email protected]
Description of Project, Scope of Work Performed: Install EV charging stations and electrical improvements Project #9290
Total Value of Construction (including change orders): $162,000.00 Original Scheduled Completion Date: 12/23/2022
Time Extensions Granted (number of days): n/a
Actual Date of Completion: 12/23/2022 No FLQMs541 of 786

SMART CITY ELECTRIC GROUP
23003 Ventura Blvd.

Woodland Hills, CA 91364
Phone 818-225-0633 Email [email protected]
License #1081062

TRADE REFERENCES

MAIN ELECTRIC SUPPLY
Thomas Mejia, Branch Operations/ Sales
818-534-2900 [email protected]
20931 Nordhoff St., Chatsworth, CA 91311
Walters Wholesale Electric
Enrique Camacho/sales
P.562-949-0215 F.562-949-4396 [email protected] 11911 Hamden Place Santa Fe Springs, CA 90670
Cal -State Site Services
(800) 499-575 [email protected]
4518 Industrial Street Simi Valley, CA 93063
CED Greater LA 1 Project Manager
6781 8th Street 1 Buena Park 1 CA 90620
p. (657) 325-7450 Kc D. Lee
[email protected]

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective May 2, 2023 by and between the City of Beaumont, a municipal corporation ("CITY"), and Smart City Electric Group, Inc. ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the Riverside County Fire Department Station 66 Electrical Upgrades Project (hereinafter "Project"). CITY's Invitation for Bids ("Invitation") for the Project, dated February 9, 2023, and CONTRACTOR's Bid in response to the Invitation, dated March 14, 2023, are attached hereto as Exhibits A and B, respectively and incorporated herein by this reference. The Scope of Work for the Project is set forth in the Invitation. In the event that any terms of the Bid are different from the Invitation for Bids, the Invitation for Bids shall control. Any additional terms in the Bid that purport to bind the City to any additional terms not contained in this Agreement and related attachments shall not be binding on the City.

By entering into this Agreement, CONTRACTOR acknowledges that there may be other contractors on the site whose work will be coordinated with that of its own. CONTRACTOR expressly warrants and agrees that it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors, the CITY, the Construction Manager, the Engineer, or utilities. CONTRACTOR also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be a direct action against the separate contractor. To the extent allowed by law, the CONTRACTOR will have no remedy, and hereby expressly waives any remedy against the CITY, the Construction Manager (if any), and the Engineer on account of delay, hindrance, interference or other events.

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR's work on the Project shall be completed within durations established for the individual activities. All work shall commence ten (10) calendar days after receiving a written Notice of Award from the CITY or Construction Manager, if a Construction Manager is employed by CITY on the Project. CONTRACTOR shall refer to the invitations for bids, and Project Plans and Specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations.

III. THE CONTRACT SUM
The CITY shall pay to the CONTRACTOR for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of Sixty Three Thousand Forty Five Dollars and Twenty Cents ($63,045.20).

IV. PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Engineer by the CONTRACTOR and Certificates for Payment issued by the Engineer, the CITY shall make progress payments on account of the Contract Sum to the CONTRACTOR as provided in the General Conditions, which are fully incorporated into this Agreement by this reference.

This Agreement is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This Agreement hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

V. INDEMNITY, DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions

are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

VI. PREVAILING WAGES
A. Contractor shall comply with all applicable laws and regulations relating to prevailing wages. Wage rates for this Project shall be in accordance with the "General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Riverside County. Wage rates shall conform with those posted at Beaumont City Hall and the Project site.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

VII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

VIII. FINAL PAYMENT

Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Engineer.

IX. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

X. INSURANCE
Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit C are copies of Certificates of Insurance and the waiver of subrogation endorsement as required by Section 6.B.1. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess

of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. Types of Insurance
Without limiting CONTRACTOR's indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY:

1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.

4. Workers' compensation insurance. CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR's Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non -owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors.

If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

6. Builder's risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below.

The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may

appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.

B. Other provisions or requirements

1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by CITY's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or
subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers,

officials, employees, and agents shall continue as additional insureds under such policies.

3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.

4. CITY's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.

5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's risk manager.

6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

7. Enforcement of contract provisions (non estoppel).

CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non- compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

10.Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions.

13. Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon

request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

14.CITY's right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR's compensation.

15.Self-insured retentions. Any self -insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible.

Self-insurance will not be considered to comply with these specifications unless approved by CITY.

16.Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

17.Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

XI. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.

XII. REGISTRATION REQUIREMENTS
A. Pursuant to Section 1771.1(a) of the Labor Code:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered

contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

C. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

C. The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.

XIII. CORPORATION IN GOOD STANDING
If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Michael Ivan Sandoval whose title is President is authorized to act for and bind the corporation.

XIV. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.

XV. SUBSURFACE HAZARDOUS MATERIALS

A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.

XVI. COMPONENT PARTS OF THE CONTRACT
This Agreement entered into consists of the following CONTRACT DOCUMENTS, all of which are component parts of the Agreement as if herein set out in full or attached hereto:
❑Notice Inviting Bids
❑Scope of Work Summary
❑ Information for Bidders
❑ Bid Form
❑Non -Collusion Affidavit
❑Site Visit Certification
❑Faithful Performance Bond
❑ Labor and Materials Payment
Bond
❑General and Supplemental
Conditions
❑Special Conditions
El Project Construction Schedule
❑Proposed Subcontractors

❑ Bid Bond
❑Information Required of Bidder
❑Construction Services Agreement
❑Certificate Regarding Worker's
❑Compensation
❑ Drug -free Workplace Certification
❑Plans and Specifications
❑Addenda
❑Drawings
❑Change Orders
❑Shop Drawing Transmittals
❑Contractor's Certificate Regarding
❑Non -Asbestos Containing
Materials
All of the above -named CONTRACT DOCUMENTS are intended to be complementary. Work required by one of the above -named CONTRACT DOCUMENTS and not by others shall be done as if required by all.

XVII. ENTIRE CONTRACT
This Agreement constitutes the entire contract of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.
[Signatures on following page.]

SIGNATURE PAGE TO

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
CITY:

CITY OF BEAUMONT
By:

Julio Martinez I I I , Mayor
CONTRACTOR:

SMART CITY ELECTRIC GROUP
By:

Print Name:

Title:

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "A"

CITY'S INVITATION FOR BIDS
FEBRUARY 9, 2023
15

BEAUMONT
Website:
http://beaumontca.gov/
Address:
550 E. 6th Street
Beaumont, CA 92223
Phone:
951.769.8520

REQUEST FOR BID
FOR:

CIP PS -03 FIRE STATION 66 ELECTRICAL UPGRADES

CRITICAL BID DATES, TIMES, & LOCATIONS
Bid Published:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

February 9, 2023
March 9, 2023 @ 11:00 A.M.
550 E. Sixth Street (City Hall)
February 23, 2023 @ 2:00 P.M.

March 9, 2023 @ 11:15 A.M.
550 E. Sixth Street (City Hall), Room 4
CONTACT:

Grace Wichert
Procurement and Contracts Specialist
gwichert(a�beaumontca.gov
RFB AVAILABLE:

WWW.PUBLICPURCHASE.COM
HTTPS://WWW.BEAUMONTCA.GOV/949/BIDS-AND-RFPs

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

CITY OF BEAUMONT

CALIFORNIA

CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:

CIP PS -03 FIRE STATION 66 ELECTRICAL UPGRADES
...

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

TABLE OF CONTENTS
NOTICE INVITING BIDS 1
INSTRUCTIONS TO BIDDERS 4
BID FORM 11
BASE BID 12
BID SCHEDULE A 12
BID CERTIFICATION 14
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION 15 BID BOND 16
DESIGNATION OF SUBCONTRACTORS 19
INFORMATION REQUIRED OF BIDDERS 21
NON -COLLUSION AFFIDAVIT 29
PERFORMANCE BOND 30
THIS IS A REQUIRED FORM 33
PAYMENT BOND 35
02 TECHNICAL SPECIFICATIONS 37
03 DRAWINGS 38
04 PUBLIC WORKS AGREEMENT 39

NOTICE INVITING BIDS
1

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

NOTICE INVITING BIDS
The City of Beaumont ("City") is soliciting bids for:

CIP PS -03 FIRE STATION 66 ELECTRICAL UPGRADES
BID DATES, TIMES, & LOCATIONS:

Bid Published:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

February 9, 2023
March 9, 2023 @ 11:00 A.M.
550 E. Sixth Street (City Hall)
Beaumont, CA 92223
February 23, 2023 @ 2:00 P.M.

March 9, 20232 @ 11:15 A.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 90 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:
"CIP PS -03 FIRE STATION 66 ELECTRICAL UPGRADES"
LOCATION OF WORK:

The work is to be completed at the Riverside County Fire Department, Station 66 located at 628 Maple Ave, Beaumont, CA 92223.

DESCRIPTION OF WORK:

The proposed work shall be performed in accordance with the contract documents, including but not limited to the general conditions, special conditions, technical specifications, contract drawings, permits, and all other reference documents.

In general, the work includes electrical upgrades of the Riverside County Fire Department, Station 66 located at 628 Maple Ave, Beaumont, CA 92223 which includes panel/meter upgrades, rewiring/recircuiting, and installation of new equipment. Detailed work includes, but is not limited to, removals, demolition, panel/meter replacement installation, and Review and rewire as necessary to meet current CEC requirements for all outlet and circuit terminations.

CONTRACT LENGTH:

The work for this contract shall not exceed 120 calendar days. Contract time shall

NOTICE INVITING BIDS
1

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
commence upon issuance of the Notice to Proceed from the City.

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.

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.qov) 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:
• California "C-10" license — Electrical Contracting
FOR FURTHER INFORMATION CONTACT:

Grace Wichert

NOTICE INVITING BIDS
2

City of Beaumont
Request for bid
E-mail: [email protected]

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

NOTICE INVITING BIDS
3

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

INSTRUCTIONS TO BIDDERS
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 qwichert 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 construction and labor of the Project, to fully understand the facilities, difficulties and

INSTRUCTIONS TO BIDDERS
4

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
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.

INSTRUCTIONS TO BIDDERS
5

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
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 for in the amount of $500, 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 jointly and severally liable for any and all of the duties and obligations of Bidder assumed

INSTRUCTIONS TO BIDDERS
6

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
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 Bid Price, the written amount shall govern.

INSTRUCTIONS TO BIDDERS
7

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
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; • Clearly identify the specific City staff determination or recommendation

INSTRUCTIONS TO BIDDERS
8

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
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.

INSTRUCTIONS TO BIDDERS
9

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
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

INSTRUCTIONS TO BIDDERS
10

City of Beaumont
Request for bid
NAME OF BIDDER:

BEAUMONT

BID FORM
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
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:

CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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.

BID FORM
11

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

BASE BID

BID SCHEDULE A
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE TOTAL COST
(FIGURES) (FIGURES)
1 Mobilization
1 LS
2 Finishes
1 LS
3 Demolition and Removal of old
equipment
1 LS
4 200 Amp Panelboard
1 EA
5 100 Amp Panelboard
1 EA
6 200 Amp Service Meter
1 EA
7 3/4" Conduit
140
LF
8 1.5" Conduit
460
LF
9 2" Conduit
70 LF
10 2.5" Conduit
60 LF
11 600V, #12 Copper Conductor
1000
LF
12 600V, #6 Copper Conductor
70 LF
13 600V, #4 Copper Conductor
60 LF
14 600V, 1/0 Copper Conductor
280
LF
15 600V, 4/0 Copper Conductor
280
LF
16 Reconnect existing Generator/ATS
1 LS
17 Relocate Electrical SCE Service Drop
1 LS
18 Associated Supports, Elbows, &
Connector for Conduit
1 LS
19 Reconnect existing Generator/ATS
1 LS

BID FORM
12

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
ITEM
NO.

DESCRIPTION OF ITEMS
EST.

QUANTITY/
UNIT

UNIT PRICE
(FIGURES)

TOTAL COST
(FIGURES)
PROJECT BASE BID SUBTOTAL:

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.

BID FORM
13

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

BID CERTIFICATION
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

BID FORM
14

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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

WORKERS' COMPENSATION
15

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

BID BOND
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
The makers of this bond are,
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 , 20 , for
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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.

BID BOND
16

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this day of , 20 , 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

BID BOND
17

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

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.
(SEAL)
Commission expires:

Notary Public in and for said State
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.

BID BOND
18

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

DESIGNATION OF SUBCONTRACTORS
CIP PS -03 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount of $500 or more. *** Please list all subcontractor that exceed $500***
Portion of the Work
Subcontractor
Location of Business
% of Work

DESIGNATION OF SUBCONTRACTORS
19

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03
Portion of the Work
Subcontractor
Location of Business
% of Work
Name of Bidder
Signature
Name and Title
Dated

DESIGNATION OF SUBCONTRACTORS
20

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

INFORMATION REQUIRED OF BIDDERS
CIP PS -030 RIVERSIDE COUNTY FIRE DEPT. STATION 66 ELECTRICAL

UPGRADES
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?

INFORMATION REQUIRED OF BIDDERS
21

City of Beaumont
Request for bid

BEAUMONT
RIVERSIDE COUNTY FIRE DEPT.

STATION 66 ELECTRICAL UPGRADES
CIP PS -03

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.

INFORMATION REQUIRED OF BIDDERS
22