H. PARTIAL PREPAYMENT OF SPECIAL TAX A
The Special Tax A obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Final Map Property, or Undeveloped Property for which a building permit has been issued and will be classified as Developed Property in the next Fiscal Year, as calculated in this Section II below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax A obligation would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP=PxxF
The terms above have the following meanings:
PP = the Partial Prepayment Amount.
PH = the Prepayment Amount calculated according to Section G.
F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax A obligation.
With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the record of IA No. 1 of CFD No. 2023-1 that there has been a partial prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax A obligation, to indicate the partial prepayment of the Special Tax A obligation and the partial release of the Special Tax A lien on such Assessor's Parcel, and the obligation of the owner of such Assessor's Parcel to pay such prepaid portion of the Special Tax A shall cease.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property in each future Fiscal Year after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.
I. TERMINATION OF SPECIAL TAX A
For each Fiscal Year that any Bonds are outstanding the Special Tax A shall be levied on all Assessor's Parcels subject to the Special Tax A as necessary to satisfy the Special Tax A Requirement. The Special Tax A shall cease not later than the 2063-2064 Fiscal Year, however, Special Tax A will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the IA No. 1 Bonds have been paid; (ii) all authorized facilities of IA No. 1 have been acquired and all reimbursements have been paid pursuant to the acquisition agreement related to IA No. 1, (iii) no delinquent Special Tax A remain uncollected and (iv) all other obligations of IA No. 1 Special Tax A have been satisfied.
J. MANNER OF COLLECTION
The Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that IA No. 1 may collect Special Tax A at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
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K. SPECIAL TAX B
Commencing Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Tax B on Taxable Property pursuant to Section N, up to the applicable Maximum Special Tax B to fund the Special Tax B Requirement.
L. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX B
For each Fiscal Year, all Assessor's Parcels of Taxable Property within IA No. 1 shall be classified as Developed Property or Final Map Property and shall be subject to the levy of Special Tax B as determined pursuant to Sections M and N below for all Zones. Assessor's Parcels of Developed Property and Final Map Property shall be classified as either Residential Property or Non -Residential Property. For Residential Property with attached Dwelling Units, the number of Dwelling Units shall be determined by the CFD Administrator.
Undeveloped Property shall not be subject to Maximum Special Tax B.
M. MAXIMUM SPECIAL TAX B
For purposes of determining the applicable Maximum Special Tax B for Assessor's Parcels of Developed Property which are classified as Residential Property all such Assessor's Parcels shall be assigned the number of Dwelling Unit(s) constructed thereon, or approved to be constructed thereon, as specified in or shown on the Building Permit(s) issued or Final Map as determined by the CFD Administrator. If a single family attached building or buildings have been built on an Assessor's Parcel, the CFD Administrator shall determine the actual number of Dwelling Units contained within the building or buildings, and the Special Tax B levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Dwelling Units by the Maximum Special Tax B per Dwelling Unit.
For purposes of determining the applicable Maximum Special Tax B for Assessor's Parcels of Developed Property and Final Map Property which are classified as Non -Residential Property, all such Assessor's Parcels shall be assigned the number of Acres as shown on the Final Map as determined by the CFD Administrator. Once the CFD Administrator determines the actual number of Acres for an Assessor's Parcel, the Special Tax B levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Acres by the Maximum Special Tax B per Acre.
1. Developed Propert)
a. Maximum Special Tax B
The Maximum Special Tax B for each Assessor's Parcel of Taxable Property for Fiscal Year 2023-2024 is identified in Table 4 below:
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TABLE 4
MAXIMUM SPECIAL TAX B FOR DEVELOPED PROPERTY
Land Use Category
1. Residential Property
2. Non -Residential Property
Taxable
Unit
DU
Acre
Maximum Special Tax B
Per Taxable Unit
$425
$2,544
On each July 1, commencing July 1, 2024, the Maximum Special Tax B for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) two percent (2%).
b. Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved by the City for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final.
2. Final Map Property
The Maximum Special Tax B for each Assessor's Parcel of Final Map Property for Fiscal Year 2023-2024 is identified in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B RATES
FOR FINAL MAP PROPERTY
Maximum Special Tax B
Per Assessor's Parcel
$425
On each July 1, commencing July 1, 2024, the Maximum Special Tax B for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) two percent (2%).
N. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX B
Commencing with Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Tax B on Taxable Property until the amount of Special Tax B equals the Special Tax B Requirement in accordance with the following steps:
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Step One: The Special Tax B shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax B as needed to satisfy the Special Tax B Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Final Map Property, at up to 100% of the Maximum Special Tax B applicable to each such Assessor's Parcel as needed to satisfy the Special Tax B Requirement.
O. DURATION OF SPECIAL TAX B
The Special Tax B shall be levied in perpetuity to fund the Special Tax B Requirement, unless no longer required as determined at the sole discretion of the City Council.
P. MANNER OF COLLECTION
The Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that IA No. 1 may collect the Special Tax B at a different time or in a different manner if necessary to meet its funding requirements.
Q. SPECIAL TAX C (CONTINGENT)
The City Council may levy the Special Tax C (Contingent), applicable to all Zones, commencing in the first Fiscal Year following the occurrence of any of the following events (each such event, a "Failure to Perform"):
a. the Property Owner Association files a voluntary petition in bankruptcy or the approval by a court of competent jurisdiction of a petition applicable to the Property Owner Association of any proceedings instituted under the Federal Bankruptcy Code, as amended;
b. the Property Owner Association is dissolved;
c. the Property Owner Association fails to levy annual assessments sufficient to fund (i) the maintenance for the then Property Owner Association owned and/or Property Owner Association maintained Maintenance Services (Contingent) or (ii) the replacement of such facilities related to the Maintenance Services (Contingent) in accordance with (A) the requirements of the then current reserve funding plan of the Property Owner Association performed pursuant to California Civil Code Section 5550 or (B) if California Civil Code 5550 is no longer applicable, the requirements of the then applicable law and/or regulations governing the Property Owner Association's requirements to budget for and finance such replacement; or d. the Property Owner Association fails to maintain the Maintenance Services (Contingent) at the same level as defined within the Property Owner Association maintenance specifications. In the event the Property Owner Association maintenance specifications do not meet either the City or County maintenance requirements, the City Council will C-17
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have sole discretion to determine the required level of maintenance required for purposes of this section.
In the event of the occurrence of a Failure to Perform described in "c." or "d." above, the City shall give the Property Owner Association written notice of such event. If such Failure to Perform is reasonably capable of being cured within sixty (60) days from the date of such notice, the Property Owner Association shall have such period of time to cure such Failure to Perform prior to the levy by the City Council of Special Tax C (Contingent). If such Failure to Perform is such that it is reasonably capable of being cured, but not within such sixty (60) day period and the Property Owner Association (i) initiates corrective action within such sixty (60) day period, and (ii) diligently, continually, and in good faith works to effect a cure of such Failure to Perform as soon as possible, then the Property Owner Association shall have such additional time, as is reasonably necessary, to cure such Failure to Perform prior to the levy by the City Council of Special Tax C (Contingent).
The City Council may suspend the levy of Special Tax C (Contingent) if the Property Owner Association has cured the Failure to Perform to the satisfaction of the City Council and the Property Owner Association has agreed to such conditions as the City Council may find necessary to minimize the occurrence of such Failure to Perform in the future. In the event the City Council initiates the Special Tax C (Contingent), it will apply to all Assessor's Parcels of Taxable Property in addition to, and not in lieu of, the Special Tax B.
R. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX C (CONTINGENT) (d) For each Fiscal Year that Special Tax C (Contingent) is authorized to be levied, all Assessor's Parcels classified as Developed Property or Final Map Property and shall be subject to the levy of Special Tax C as determined pursuant to Sections S and T below for all Zones. Assessor's Parcels of Developed Property and Final Map Property shall be classified as either Residential Property or Non - Residential Property. For Residential Property the number of Dwelling Units shall be determined by the CFD Administrator.
Undeveloped Property shall not be subject to Maximum Special Tax C (Contingent).
S. MAXIMUM SPECIAL TAX C (CONTINGENT)
For purposes of determining the applicable Maximum Special Tax C (Contingent) for Assessor's Parcels of Developed Property which are classified as Residential Property, all such Assessor's Parcels shall be assigned the number of Dwelling Unit(s) constructed thereon, or approved to be constructed thereon, as specified in or shown on the Building Permit(s) issued or Final Map as determined by the CFD Administrator. If a single family attached building or buildings have been built on an Assessor's Parcel, the CFD Administrator shall determine the actual number of Dwelling Units contained within the building or buildings, and the Special Tax C (Contingent) levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax C (Contingent) per Dwelling Unit identified for the Assessor's Parcel.
For purposes of determining the applicable Maximum Special Tax C (Contingent) for Assessor's Parcels of Developed Property and Final Map Property which are classified as Non -Residential Property, all such Assessor's Parcels shall be assigned the number of Acres as shown on the Final Map as determined by the CFD Administrator. Once the CFD Administrator determines the actual C-18
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number of Acres for an Assessor's Parcel, the Special Tax C (Contingent) levied against an Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Acres by the Maximum Special Tax C (Contingent) per Acre.
1. Developed Property
a. Maximum Special Tax C (Contingent)
The Maximum Special Tax C (Contingent) for each Assessor's Parcel of Taxable Property for Fiscal Year 2023-2024 is identified in Table 6 below for all Zones:
TABLE 6
MAXIMUM SPECIAL TAX C (CONTINGENT) FOR DEVELOPED PROPERTY Land Use Category
Taxable
Unit
Maximum Special Tax C (Contingent)
Per Taxable Unit
1. Residential Property
DU
$249
2. Non -Residential Property
Acre
$1,487
On each July 1, commencing July 1, 2024, the Maximum Special Tax C (Contingent) for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) two percent (2%).
b. Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax C (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax C (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be fmal.
2. Final Map Property
The Maximum Special Tax C (Contingent) for each Assessor's Parcel of Final Map Property for Fiscal Year 2023-2024 is identified in Table 7 below:
TABLE 7
MAXIMUM SPECIAL TAX C (CONTINGENT) FOR
FINAL MAP PROPERTY
Maximum Special Tax C
(Contingent)
Per Assessor's Parcel
$249
On each July 1, commencing July 1, 2024, the Maximum Special Tax C (Contingent) for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change C-19
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in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) two 'percent (2%).
T. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX C (CONTINGENT) Commencing with the first Fiscal Year in which Special Tax C (Contingent) is authorized to be levied and for each following Fiscal Year, the Council shall determine the Special Tax C (Contingent) Requirement and shall levy the Special Tax C (Contingent) on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax C (Contingent) equals the Special Tax C (Contingent) Requirement. The Special Tax C (Contingent) shall be levied for each Fiscal Year as follows:
Step One: The Special Tax C (Contingent) shall be levied Proportionately on all Assessor's Parcels of Developed Property at up to 100% of the applicable Maximum Special Tax C (Contingent) to satisfy the Special Tax C (Contingent) Requirement; Step Two: If additional moneys are needed to satisfy the Special Tax C (Contingent) Requirement after the first step has been completed, the Special Tax C (Contingent) shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax C (Contingent) for Final Map Property.
U. DURATION OF SPECIAL TAX C (CONTINGENT)
The Special Tax C (Contingent) shall be levied in perpetuity to fund the Special Tax C (Contingent) Requirement, unless no longer required as determined at the sole discretion of the City Council.
V. MANNER OF COLLECTION OF SPECIAL TAX C (CONTINGENT)
The Special Tax C (Contingent) shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that IA No. 1 may collect the Special Tax C (Contingent) at a different time or in a different manner if necessary to meet its funding requirements.
W. SPECIAL TAX D
Commencing Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Tax D on all Taxable Property, up to the applicable Maximum Special Tax D to fund the Special Tax D Requirement.
X. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX D
For each Fiscal Year, all Assessor's Parcels of Taxable Property within IA No. 1 classified as Residential Property shall be subject to the levy of Special Tax D as determined pursuant to Sections Y and Z below for all Zones. For Residential Property with attached Dwelling Units, the number of Dwelling Units shall be determined by the CFD Administrator.
Final Map Property, Non -Residential Property, and Undeveloped Property shall not be subject to Maximum Special Tax D.
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Y. MAXIMUM SPECIAL TAX D
1. Developed Properr\
a. Maximum Special Tax D
The Maximum Special Tax D for each Assessor's Parcel of Residential Property for Fiscal Year 2023-2024 is identified in Table 8 below:
TABLE 8
MAXIMUM SPECIAL TAX D FOR RESIDENTIAL PROPERTY
Land Use Categor►
1. Residential Property
Taxable
Unit
DU
Maximum Special Tax B
Per Taxable Unit
$509
On each July 1, commencing July 1, 2023, the Maximum Special Tax D for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) five percent (5%).
Z. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX D
Commencing with Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Tax D until the amount of Special Tax D equals the Special Tax D Requirement in accordance with the following steps:
Step One:
The Special Tax D shall be levied Proportionately on each Assessor's Parcel of Residential Property at up to 100% of the applicable Maximum Special Tax D as needed to satisfy the Special Tax D Requirement.
AA. DURATION OF SPECIAL TAX D
The Special Tax D shall be levied in perpetuity to fund the Special Tax D Requirement, unless no longer required as determined at the sole discretion of the City Council.
BB. MANNER OF COLLECTION
The Special Tax D shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that IA No. 1 may collect the Special Tax D at a different time or in a different manner if necessary to meet its funding requirements.
CC. APPEALS
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor's Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its C-21
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determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error:
(i)
date;
amend the Special Tax levy for the current Fiscal Year prior to the payment (ii) require the CFD to reimburse the taxpayer the amount of the overpayment to the extent of available funds of IA No. 1 of CFD No. 2023-1; or (iii) grant a credit against, eliminate or reduce the future Special Taxes levied on the taxpayer's property within IA No. 1 of CFD No. 2023-1 in the amount of the overpayment.
DD. INTERPRETATIONS
The City Council may interpret this Rate and Method of Apportionment of Special Tax by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.
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EXHIBIT D
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICT NO. 2023-1 (FAIRWAY CANYON) IMPROVEMENT AREA NO. 2
Special Taxes (all capitalized terms are defined in Section A, "Definitions", below) shall be applicable to each Assessor's Parcel of Taxable Property located within the boundaries of Improvement Area No. 2 ("IA No. 2") of Community Facilities District No. 2023-1 (Fairway Canyon) of the City of Beaumont ("CFD No. 2023-1"). The amount of Special Taxes to be levied in each Fiscal Year on an Assessor's Parcel, shall be determined by the City Council of the City of Beaumont, acting in its capacity as the legislative body of CFD No. 2023-1 by applying the appropriate Special Tax for Developed Property, Final Map Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof, shall be taxed to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Accessory Dwelling Unit" means a residential unit of limited size including a smaller second unit that shares an Assessor's Parcel with a stand-alone Dwelling Unit. "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map or instrument. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of IA No. 2: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City, designee thereof, or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD, or any designee thereof complying with arbitrage rebate requirements; the costs to the City, CFD, or any designee thereof complying with City or major property owner disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs associated with the release of funds from an escrow account; and the costs associated with the issuance of Bonds, the City's annual administration fees, and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or The CFD for any other administrative purposes, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure, or otherwise addressing the disposition of delinquent Special Taxes.
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"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number within the boundaries of the CFD and Improvement Area No. 1. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number.
"Assigned Special Tax A" means the Special Tax of that name described in Section D below. "Backup Special Tax A" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes A of IA No. 2 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD and Improvement Area No. 2.
"Building Permit" means a permit for new construction for a residential dwelling or non-residential structure. For purpose of this definition, "Building Permit" shall not include permits for construction or installation, retaining walls, utility improvements, or other such improvements not intended for human habitation.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel, as determined by the CFD Administrator. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31.
"CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax A Requirement, the Special Tax B Requirement, the Special Tax C (Contingent) Requirement, the Special Tax D Requirement, and providing for the levy and collection of the Special Taxes.
"CFD No. 2023-1" or "CFD" means City of Beaumont Community Facilities District No. 2023-1 (Fairway Canyon) established by the City under the Act. "City" means the City of Beaumont.
"City Council" means the City Council of the City, acting as the legislative body of CFD No. 2023- 1, or its designee.
"Consumer Price Index" or "CPI" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Items for All Urban Consumers: in the Riverside -San Bernardino -Ontario area." In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Riverside -San Bernardino -Ontario area.
"County" means the County of Riverside.
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"Developed Property" means all Assessor's Parcels of Taxable Property that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied and for which a Building Permit for new construction has been issued on or prior to March 1st preceding the Fiscal Year in which the Special Tax is being levied, as determined by the CFD Administrator.
"Dwelling Unit" or "DU" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units. The Building Square Footage of an Accessory Dwelling Unit shall be included when classifying the property for Special Tax A, but an Accessory Dwelling Unit shall not be considered a Dwelling Unit for purposes of Special Tax B, Special Tax C (Contingent) or Special Tax D. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes as provided for in Section F, as determined by the CFD Administrator. "Final Map" means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which building permits may be issued without further subdivision.
"Final Map Property" means Assessor's Parcels: (i) that are included in a Final Map that was recorded prior to the January 1 preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit was not issued prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied, as determined by the CFD Administrator. "Fiscal Year" means the period commencing on July 1 of any year and ending the following June
30. "Improvement Area No. 2" or "IA No. 2" means the property in the CFD designated as Improvement Area 1 on the Boundary Map.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time. "Land Use Category" means any of the categories listed in the tables included in Table 1, Table 2, and Table 3 of Section D, Table 5 of Section M, Table 7 of Section S, and Table 9 of Section Y. "Lot" means an individual legal lot created by a Final Map for which a Building Permit could be issued.
"Maintenance Services" means the services permitted under the Act including, without limitation, street sweeping, traffic signal maintenance, the maintenance of landscaping and lighting of publicly owned parks, parkways, streets, roads and open spaces, flood and storm protection services, and the operation of storm drainage systems contained within the boundaries of CFD No. 2023-1 and the City.
"Maintenance Services (Contingent)" means the Maintenance Services described above and permitted under the Act, contained within CFD No. 2023-1 and the City, which are proposed to be D-3
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maintained and paid for through the Property Owner Association, and all to which the City has been granted an easement allowing such maintenance in any Fiscal Year following a Failure to Perform as defined in Section Q hereof.
"Maximum Special Tax" means the Maximum Special Tax A, the Maximum Special Tax B, the Maximum Special Tax C (Contingent), or the Maximum Special Tax D, as applicable. "Maximum Special Tax A" means the maximum Special Tax A, determined in accordance with Section D, which can be levied by IA No. 2 of CFD No. 2023-1. "Maximum Special Tax B" means the maximum Special Tax B, determined in accordance with Section M, which can be levied by IA No. 2 of CFD No. 2023-1. "Maximum Special Tax C (Contingent)" means the maximum Special Tax C (Contingent), determined in accordance with Section S, which can be levied by IA No. 2 of CFD No. 2023-1 following the Fiscal Year in which there is a Failure to Perform as defined in Section Q hereof. The Maximum Special Tax C (Contingent), if levied, will be levied on all Assessor's Parcels in addition to, and not in lieu of, the Maximum Special Tax B.
"Maximum Special Tax D" means the maximum Special Tax D, determined in accordance with Section Y, which can be levied by IA No. 2 of CFD No. 2023-1. "Minimum Taxable Acreage" means the smallest allowable amount of Acreage of Taxable Property. For IA No. 2 of CFD No. 2023-1, it shall not be less than shown in Table 4 of Section F. "Non -Residential Property" means all Assessor's Parcels of Developed Property for which a building permit was issued for any type of non-residential use, as determined by the CFD Administrator.
"Operating Fund for Maintenance Services" means a fund that shall be maintained for IA No. 2 of CFD No. 2023-1 for any Fiscal Year to pay for the actual costs of providing the Maintenance Services and the Administrative Expenses attributable to providing such Maintenance Services. "Operating Fund for Maintenance Services (Contingent)" means a fund that shall be maintained for IA No. 2 of CFD No. 2023-1 for any Fiscal Year to pay for the actual costs of providing the Maintenance Services (Contingent) and the Administrative Expenses attributable to providing such Maintenance Services (Contingent).
"Operating Fund for Public Services" means a fund that shall be maintained for IA No. 2 of CFD No. 2023-1 for any Fiscal Year to pay for the actual costs of providing the Public Services and the Administrative Expenses attributable to providing such Public Services. "Operating Fund Balance" means the amount of funds in the applicable operating fund at the end of the preceding Fiscal Year.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax A obligation for an Assessor's Parcel, as described in Section H.
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"Prepayment Amount" means the amount required to prepay the Special Tax A obligation in full for an Assessor's Parcel, as described in Section G.
"Property Owner Association" means the Fairway Canyon Community Association, or its successors, which was formed for the purpose of marketing, selling, and managing the common interests of the homes and lots within IA No. 2 of CFD No. 2023-1. "Property Owner's Association Property" means all Assessor's Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, have been conveyed, dedicated to, or irrevocably offered for dedication to the Property Owner Association, including any master or sub - association.
"Proportionately" means for Taxable Property for Special Tax A that is (i) Developed Property, that the ratio of the actual Special Tax A levy to the Assigned Special Tax A is the same for all Assessor's Parcels of Developed Property, (ii) Final Map Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is the same for all Assessor's Parcels of Final Map Property, and (iii) Undeveloped Property and Provisional Undeveloped Property, that the ratio of the actual Special Tax A levy per Acre to the Maximum Special Tax A per Acre is the same for all Assessor's Parcels of Undeveloped Property and Provisional Undeveloped Property.
For Special Tax B that is (i) Developed Property, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is the same for all Assessor's Parcels of Developed Property, including Developed Property with attached Dwelling Units and (ii) Final Map Property, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is the same for all Assessor's Parcels of Final Map Property.
For Special Tax C (Contingent) that is (i) Developed Property, that the ratio of the actual Special Tax C (Contingent) levy to the Maximum Special Tax C (Contingent) is the same for all Assessor's Parcels of Developed Property, including Developed Property with attached Dwelling Units and (ii) Final Map Property, that the ratio of the actual Special Tax C (Contingent) levy to the Maximum Special Tax C (Contingent) is the same for all Assessor's Parcels of Final Map Property.
For Special Tax D, that the ratio of the actual Special Tax D levy to the Maximum Special Tax D is the same for all Assessor's Parcels of Developed Property, including Developed Property with attached Dwelling Units.
"Provisional Undeveloped Property" means Public Property or Property Owner Association Property that is not Exempt Property pursuant to Section F. "Public Property" means all Assessor's Parcels which, as of July 1st of the Fiscal Year in which the Special Tax is being levied, are used for rights -of -way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the County, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
"Public Services" means the services permitted under the Act including, without limitation, police and fire protection, ambulance and paramedic services provided within the boundaries of CFD No. 2023-1 and the City.
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"Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units, as determined by the CFD Administrator.
"Special Tax(es)" means the Special Tax A, the Special Tax B, the Special Tax C (Contingent), and the Special Tax D.
"Special Tax A" means any of the Special Taxes authorized to be levied within IA No. 2 of CFD No. 2023-1 pursuant to the Act to fund the Special Tax A Requirement. "Special Tax A Requirement" means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses applicable to the Special Tax A, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) the collection or accumulation of funds for the acquisition or construction of facilities authorized by IA No. 2 of CFD No. 2023-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax A on Final Map Property or Undeveloped Property, less (vi) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to any applicable bond Indenture, fiscal agent agreement, or trust agreement.
"Special Tax B" means any of the Special Taxes authorized to be levied by IA No. 2 of CFD No. 2023-1 pursuant to the Act to fund the Special Tax B Requirement. Under no circumstances shall this Special Tax be eligible for prepayment of any kind.
"Special Tax B Requirement" means the amount required in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2023-1 for Maintenance Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Maintenance Services, (ii) amount necessary to fund an operating reserve for the costs of Maintenance Services as determined by the CFD Administrator, and (iii) Administrative Expenses applicable to the Special Tax B, less (iv) a credit in an amount equal to the Operating Fund Balance.
Under no circumstances shall the Special Tax B Requirement include funds for bonds. "Special Tax C (Contingent)" means any of the Special Taxes authorized to be levied by IA No. 2 of CFD No. 2023-1 pursuant to the Act to fund the Special Tax C (Contingent) Requirement. Under no circumstances shall this Special Tax be eligible for prepayment of any kind. The Special Tax C (Contingent), if levied, will be levied on all Assessor's Parcels of Taxable Property in addition to, and not in lieu of, the Special Tax B.
"Special Tax C (Contingent) Requirement" means that amount required in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2023-1 for Maintenance Services (Contingent) in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Maintenance Services (Contingent), (ii) amount necessary to fund an operating reserve for the costs of Maintenance Services (Contingent) as determined by the CFD Administrator, and (iii) Administrative Expenses applicable to the Special Tax C (Contingent), less (iv) a credit in an amount equal to the Operating Fund Balance. Under no circumstances shall the Special Tax C (Contingent) Requirement include funds for bonds. The Special Tax C (Contingent) Requirement, if initiated, will be applied to all Assessor's Parcels in addition to, and not in lieu of, the Special Tax B Requirement.
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"Special Tax D" means any of the Special Taxes authorized to be levied by IA No. 2 of CFD No. 2023-1 pursuant to the Act to fund the Special Tax D Requirement. Under no circumstances shall this Special Tax be eligible for prepayment of any kind.
"Special Tax D Requirement" means the amount required in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2023-1 for Public Services in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the (i) direct costs for Public Services, (ii) amount necessary to fund an operating reserve for the costs of Public Services as determined by the CFD Administrator, and (iii) Administrative Expenses applicable to the Special Tax D, less (iv) a credit in an amount equal to the Operating Fund Balance. Under no circumstances shall the Special Tax D Requirement include funds for bonds. "Taxable Property" means all Assessor's Parcels within IA No. 2 of CFD No. 2023-1, which are not Exempt Property, as determined by the CFD Administrator. "Taxable Unit" means either a Dwelling Unit or an Acre. "Trustee" means the firm that holds and administers assets on behalf of IA No. 2 of CFD No. 2023- 1 under and pursuant to the Indenture.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property or Final Map Property, as determined by the CFD Administrator. "Zone(s)" means Zone 1, 2, or 3 as geographically identified on the Boundary Map. "Zone 1" means the specific geographic area depicted as Improvement Area No. 2, Zone 1 on the Boundary Map.
"Zone 2" means the specific geographic area depicted as Improvement Area No. 2, Zone 2 on the Boundary Map.
"Zone 3" means the specific geographic area depicted as Improvement Area No. 2, Zone 3 on the Boundary Map.
B. SPECIAL TAX A
Commencing Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Tax A on all Taxable Property pursuant to Section E, to fund the Special Tax A Requirement.
C. CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2023-2024, each Assessor's Parcel shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be assigned to one of the Zones based upon its geographic location and further classified as Developed Property, Final Map Property, Undeveloped Property, or Provisional Undeveloped Property. In addition, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non -Residential Property. Lastly, Assessor's Parcels of Residential Property shall be further categorized into Land Use Categories based on the Building Square Footage for such Assessor' s Parcel.
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D. MAXIMUM SPECIAL TAX A
1. Developed Property
The Maximum Special Tax A for each Assessor's Parcel of Residential Property that is classified as Developed Property in any Fiscal Year shall be the amount determined by the greater of (i) the application of the Assigned Special Tax A in Tables 1, 2, and 3 included in Section D below or (ii) the application of the Backup Special Tax A. The Maximum Special Tax A for each Assessor's Parcel of Non -Residential Property that is classified as Developed Property in any Fiscal Year shall be the Assigned Special Tax A in the tables below. c. Assigned Special Tax A
Each Fiscal Year, beginning with Fiscal Year 2023-2024, each Assessor's Parcel of Developed Property shall be subject to an Assigned Special Tax A. The Assigned Special Tax A applicable to an Assessor's Parcel of Developed Property for any Fiscal Year shall be determined pursuant to Tables 1, 2, and 3 below based upon the Zone in which the Assessor's Parcel is located.
TABLE 1
ASSIGNED SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
Land Use Category
Taxable
Unit
Building Square
Footage
Assigned Special Tax
A Per Taxable Unit
1. Residential Property
DU
Less than 1,900
$1,481
2. Residential Property
DU
1,900 - 2,100
$1,574
3. Residential Property
DU
2,101 - 2,300
$1,609
4. Residential Property
DU
2,301 - 2,500
$1,732
5. Residential Property
DU
2,501 - 2,700
$1,809
6. Residential Property
DU
2,701 - 2,900
$1,895
7. Residential Property
DU
Greater than 2,900
$1,954
8. Non -Residential Property
Acre
N/A
$12,985
TABLE 2
ASSIGNED SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
Land Use Category
Taxable
Unit
Building Square
Footage
Assigned Special Tax
A Per Taxable Unit
1. Residential Property
DU
Less than 2,200
$1,736
2. Residential Property
DU
2,200 - 2,500
$1,837
3. Residential Property
DU
2,501- 2,800
$1,938
4. Residential Property
DU
2,801 - 3,100
$1,969
5. Residential Property
DU
Greater than 3,100
$2,067
6. Non -Residential Property
Acre
N/A
$12,615
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TABLE 3
ASSIGNED SPECIAL TAX A RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 3
Land Use Category
Taxable
Unit
Building
Square
Footage
Assigned Special Tax
A Per Taxable Unit
1. Residential Property
DU
Less than 2,600
$1,884
2. Residential Property
DU
2,600 — 2,850
$1,960
3. Residential Property
DU
2,851 — 3,100
$2,061
4. Residential Property
DU
Greater than 3,100
$2,135
5. Non -Residential Property
Acre
N/A
$12,276
d. Backup Special Tax A
When a Final Map is recorded, the CFD Administrator shall determine which Zone the Final Map area lies within and the Backup Special Tax A for an Assessor's Parcel classified or to be classified as Residential Property within such Final Map shall be determined by multiplying the Undeveloped Property Maximum Special Tax A rate per Acre for the applicable Zone by the total Acreage of Taxable Property within such Final Map, excluding the Acreage associated with Non -Residential Property, Public Property and/or Property Owners' Association Property that is not Exempt Property pursuant to Section F and dividing such amount by the number of Assessor's Parcels within such Final Map classified as either (i) Residential Property or (ii) Final Map Property for which a Building Permit is expected to be issued for Residential Property (i.e., the number of residential lots).
Notwithstanding the forgoing, if Assessor's Parcels classified or to be classified as Residential Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified using the methodology described in the preceding paragraph.
The Backup Special Tax shall not apply to Non -Residential Property, Public Property, Property Owners' Association Property, or Provisional Undeveloped Property.
2. Final Map Properh
The Maximum Special Tax A for each Assessor's Parcel of Final Map Property expected to be classified as Residential Property shall be the Backup Special Tax A computed pursuant to Section D.1.b above.
The Maximum Special Tax A for each Assessor's Parcel of Final Map Property expected to be classified as Non -Residential Property shall be determined pursuant to the rate per Acre below for the Zone in which the Assessor's Parcel is located:
1. Zone 1 rate per Acre - $12,985
2. Zone 2 rate per Acre - $12,615
3. Zone 3 rate per Acre - $12,276
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3. Undeveloped Property and/or Provisional Undeveloped Property The Maximum Special Tax A for each Assessor's Parcel classified as Undeveloped Property or Provisional Undeveloped Property shall be determined pursuant to the rate per Acre below for the Zone in which the Assessor's Parcel is located:
1. Zone 1 rate per Acre - $12,985
2. Zone 2 rate per Acre - $12,615
3. Zone 3 rate per Acre - $12,276
E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX A
1. Commencing with Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes A on all Taxable Property until the amount of Special Tax A equals the Special Tax A Requirement in accordance with the following steps:
Step One: The Special Tax A shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax A rates in the tables included in Section D as needed to satisfy the Special Tax A Requirement.
Step Two: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Final Map Property, at up to 100% of the Maximum Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.
Step Three:
Step Four:
If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, at up to 100% of the Maximum Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.
If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then for each Assessor's Parcel of Developed Property for which the Maximum Special Tax A is the Backup Special Tax A, the Special Tax A shall be increased Proportionately from the Assigned Special Tax A up to 100% of the Backup Special Tax A as needed to satisfy the Special Tax A Requirement.
Step Five: If additional moneys are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, the Special Tax A shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property, at up to 100% of the Maximum Special Tax A applicable to each such Assessor's Parcel as needed to satisfy the Special Tax A Requirement.
Under no circumstances will Special Tax A be levied against any Assessor's Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Assessor's Parcel or Parcels within the CFD by more than ten percent (10%) of the Special Tax A that would have been levied in that Fiscal Year, had there never been any such delinquencies or D-10
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defaults, pursuant to California Govemment Code Section 53321(d), as in effect on the date of formation of CFD No. 2023-1.
F. EXEMPTIONS
The City shall classify as Exempt Property, in the following order of priority, (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor's Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor's Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the total Acreage of all Taxable Property to less than the amounts shown in Table 4 below.
TABLE 4
MINIMUM TAXABLE ACRES
Tax Zone
Acres
1 14.83
2 16.34
3 10.96
Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the total Acreage of all Taxable Property to less than the Acres shown in Table 4 per Tax Zone. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than the Acres shown in Table 4 per Tax Zone will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E.
G. PREPAYMENT OF SPECIAL TAX A
The following additional definitions apply to this Section G:
"CFD Public Facilities" means $7,500,000, expressed in 2023 dollars, which shall increase by the Construction Inflation Index on January 1, 2024, and on each January 1 thereafter, or such lower amount as (i) determined by the City as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2023-1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment.
"Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under IA No. 2 of CFD No. 2023-1.
"Construction Inflation Index" means the annual percentage change in the Engineering News - Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which D-11
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ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News -Record Building Cost Index for the City of Los Angeles. "Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts that have been funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment.
"Outstanding Bonds" means all previously issued Bonds issued and secured by the levy of Special Taxes A which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Taxes A.
The Special Tax A obligation of an Assessor's Parcel of Developed Property, an Assessor's Parcel of Final Map Property, Undeveloped Property for which a building permit has been issued, or an Assessor's Parcel of Undeveloped Property may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax A obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below.
An owner of an Assessor's Parcel intending to prepay the Special Tax A obligation shall provide the City with written notice of intent to prepay, and within five (5) days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by IA No. 2 of CFD No. 2023-1 in calculating the proper Prepayment Amount.
Within fifteen (15) days of receipt of such non-refundable deposit, the City shall notify such owner of the Prepayment Amount of such Assessor's Parcel.
The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance
plus Administrative Fee
less Reserve Fund Credit
equals Prepayment Amount
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:
1. For Assessor's Parcels of Developed Property, compute the Assigned Special Tax A and the Backup Special Tax A applicable to the Assessor's Parcel. For Assessor's Parcels of Final Map Property or Undeveloped Property, compute the Assigned Special Tax A and the Backup Special Tax A as though it was already designated as Developed Property based upon the building permit issued or to be issued for that Assessor' s Parcel.
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2. For each Assessor's Parcel of Developed Property, Final Map Property, or Undeveloped Property to be prepaid, (a) divide the Assigned Special Tax A computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax A applicable to all Assessor's Parcels of Taxable Property at buildout of IA No. 2, as reasonably determined by the CFD Administrator, and (b) divide the Backup Special Tax A computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax A applicable to all Assessor's Parcels of Taxable Property at buildout of IA No. 2, as reasonably determined by the CFD Administrator.
3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the Outstanding Bonds. The product shall be the "Bond Redemption Amount".
4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium."
5. Compute the Future Facilities Cost.
6. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by the amount determined pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount"). Notwithstanding the foregoing, the Future Facilities Amount shall in no event be less than 0.
7. Compute the amount needed to pay interest on the Bond Redemption Amount, the Redemption Premium, less the Reserve Fund Credit (see step 11) to be redeemed with the proceeds of the Prepayment Amount until the earliest redemption date for the Outstanding Bonds.
8. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest call date for the Outstanding Bonds.
9. Subtract the amount computed pursuant to paragraph 8 from the amount computed pursuant to paragraph 7. This difference is the "Defeasance."
10. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee."
11. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the D-13
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prepayment, then no. Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than 0.
12. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit.
With respect to a Special Tax A obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of IA No. 2 of CFD No. 2023-1 that there has been a prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax A obligation and the release of the Special Tax A lien on such Assessor's Parcel and the obligation of such Assessor's Parcel to pay such Special Taxes A shall cease.
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property in each future Fiscal Year, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.
H. PARTIAL PREPAYMENT OF SPECIAL TAX A
The Special Tax A obligation of an Assessor's Parcel of Developed Property, or an Assessor's Parcel of Final Map Property, or Undeveloped Property for which a building permit has been issued and will be classified as Developed Property in the next Fiscal Year, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax A obligation would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP=PHxF
The terms above have the following meanings:
PP = the Partial Prepayment Amount.
PH = the Prepayment Amount calculated according to Section G.
F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax A obligation.
With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the record of IA No. 2 of CFD No. 2023-1 that there has been a partial prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax A obligation, to indicate the partial prepayment of the Special Tax A obligation and the partial release of the Special Tax A lien on such Assessor's Parcel, and the obligation of the owner of such Assessor's Parcel to pay such prepaid portion of the Special Tax A shall cease.
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Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property in each future Fiscal Year after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.
I. TERMINATION OF SPECIAL TAX A
For each Fiscal Year that any Bonds are outstanding the Special Tax A shall be levied on all Assessor's Parcels subject to the Special Tax A as necessary to satisfy the Special Tax A Requirement. The Special Tax A shall cease not later than the 2063-2064 Fiscal Year, however, Special Tax A will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the IA No. 2 Bonds have been paid; (ii) all authorized facilities of IA No. 2 have been acquired and all reimbursements have been paid pursuant to the acquisition agreement related to IA No. 2, (iii) no delinquent Special Tax A remain uncollected and (iv) all other obligations of IA No. 2 Special Tax A have been satisfied.
J. MANNER OF COLLECTION
The Special Tax A shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that IA No. 2 may collect Special Tax A at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act.
K. SPECIAL TAX B
Commencing Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Tax B on Taxable Property pursuant to Section N, up to the applicable Maximum Special Tax B to fund the Special Tax B Requirement.
L. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX B
For each Fiscal Year, all Assessor's Parcels of Taxable Property within IA No. 2 shall be classified as Developed Property or Final Map Property and shall be subject to the levy of Special Tax B as determined pursuant to Sections M and N below for all Zones. Assessor's Parcels of Developed Property and Final Map Property with attached Dwelling Units, shall be classified as either Residential Property or Non -Residential Property. For Residential Property the number of Dwelling Units shall be determined by the CFD Administrator.
Undeveloped Property shall not be subject to Maximum Special Tax B.
M. MAXIMUM SPECIAL TAX B
For purposes of determining the applicable Maximum Special Tax B for Assessor's Parcels of Developed Property which are classified as Residential Property all such Assessor's Parcels shall be assigned the number of Dwelling Unit(s) constructed thereon, or approved to be constructed thereon, as specified in or shown on the Building Permit(s) issued or Final Map as determined by the CFD Administrator. If a single family attached building or buildings have been built on an Assessor's .
Parcel, the CFD Administrator shall determine the actual number of Dwelling Units contained within the building or buildings, and the Special Tax B levied against the Assessor's Parcel in the next D-15
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Fiscal Year shall be calculated by multiplying the actual number of Dwelling Units by the Maximum Special Tax B per Dwelling Unit.
For purposes of determining the applicable Maximum Special Tax B for Assessor's Parcels of Developed Property and Final Map Property which are classified as Non -Residential Property, all such Assessor's Parcels shall be assigned the number of Acres as shown on the Final Map as determined by the CFD Administrator. Once the CFD Administrator determines the actual number of Acres for an Assessor's Parcel, the Special Tax B levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Acres by the Maximum Special Tax B per Acre.
1. Developed Property
a. Maximum Special Tax B
The Maximum Special Tax B for each Assessor's Parcel of Taxable Property for Fiscal Year 2023-2024 is identified in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B FOR DEVELOPED PROPERTY
Land Use Categor.
Taxable
Unit
Maximum Special Tax B
Per Assessor's Parcel
1. Residential Property
2. Non -Residential Properly
DU
Acre
$425
$2,544
On each July 1, commencing July 1, 2024, the Maximum Special Tax B for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) two percent (2%).
b. Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved by the City for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be final.
2. Final Map Property
The Maximum Special Tax B for each Assessor's Parcel of Final Map Property for Fiscal Year 2023-2024 is identified in Table 6 below:
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TABLE 6
MAXIMUM SPECIAL TAX B RATES
FOR FINAL MAP PROPERTY
Maximum Special Tax B
Per Assessor's Parcel
$425
On each July 1, commencing July 1, 2024, the Maximum Special Tax B for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) two percent (2%).
N. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX B
Commencing with Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Tax B on Taxable Property until the amount of Special Tax B equals the Special Tax B Requirement in accordance with the following steps:
Step One:
Step Two:
The Special Tax B shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax B as needed to satisfy the Special Tax B Requirement.
If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, the Special Tax B shall be levied Proportionately on each Assessor's Parcel of Final Map Property, at up to 100% of the Maximum Special Tax B applicable to each such Assessor's Parcel as needed to satisfy the Special Tax B Requirement.
O. DURATION OF SPECIAL TAX B
The Special Tax B shall be levied in perpetuity to fund the Special Tax B Requirement, unless no longer required as determined at the sole discretion of the City Council.
P. MANNER OF COLLECTION
The Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that IA No. 2 may collect the Special Tax B at a different time or in a different manner if necessary to meet its funding requirements.
Q. SPECIAL TAX C (CONTINGENT)
The City Council may levy the Special Tax C (Contingent), applicable to all Zones, commencing in the first Fiscal Year following the occurrence of any of the following events (each such event, a "Failure to Perform"):
a. the Property Owner Association files a voluntary petition in bankruptcy or the approval by a court of competent jurisdiction of a petition applicable to the Property Owner D-17
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Association of any proceedings instituted under the Federal Bankruptcy Code, as amended;
b. the Property Owner Association is dissolved;
c. the Property Owner Association fails to levy annual assessments sufficient to fund (i) the maintenance for the then Property Owner Association owned and/or Property Owner Association maintained Maintenance Services (Contingent) or (ii) the replacement of such facilities related to the Maintenance Services (Contingent) in accordance with (A) the requirements of the then current reserve funding plan of the Property Owner Association performed pursuant to California Civil Code Section 5550 or (B) if California Civil Code 5550 is no longer applicable, the requirements of the then applicable law and/or regulations governing the Property Owner Association's requirements to budget for and finance such replacement; or d. the Property Owner Association fails to maintain the Maintenance Services (Contingent) at the same level as defined within the Property Owner Association maintenance specifications. In the event the Property Owner Association maintenance specifications do not meet either the City or County maintenance requirements, the City Council will have sole discretion to determine the required level of maintenance required for purposes of this section.
In the event of the occurrence of a Failure to Perform described in "c." or "d." above, the City shall give the Property Owner Association written notice of such event. If such Failure to Perform is reasonably capable of being cured within sixty (60) days from the date of such notice, the Property Owner Association shall have such period of time to cure such Failure to Perform prior to the levy by the City Council of Special Tax C (Contingent). If such Failure to Perform is such that it is reasonably capable of being cured, but not within such sixty (60) day period and the Property Owner Association (i) initiates corrective action within such sixty (60) day period, and (ii) diligently, continually, and in good faith works to effect a cure of such Failure to Perform as soon as possible, then the Property Owner Association shall have such additional time, as is reasonably necessary, to cure such Failure to Perform prior to the levy by the City Council of Special Tax C (Contingent).
The City Council may suspend the levy of Special Tax C (Contingent) if the Property Owner Association has cured the Failure to Perform to the satisfaction of the City Council and the Property Owner Association has agreed to such conditions as the City Council may find necessary to minimize the occurrence of such Failure to Perform in the future. In the event the City Council initiates the Special Tax C (Contingent), it will apply to all Assessor's Parcels of Taxable Property in addition to, and not in lieu of, the Special Tax B.
R. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX C (CONTINGENT) (e) For each Fiscal Year that Special Tax C (Contingent) is authorized to be levied, all Assessor's Parcels classified as Developed Property or Final Map Property and shall be subject to the levy of Special Tax C as determined pursuant to Sections S and T below for all Zones. Assessor's Parcels of Developed Property and Final Map Property shall be classified as either Residential Property or Non - Residential Property. For Residential Property the number of Dwelling Units shall be determined by the CFD Administrator.
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Undeveloped Property shall not be subject to Maximum Special Tax C (Contingent).
S. MAXIMUM SPECIAL TAX C (CONTINGENT)
For purposes of determining the applicable Maximum Special Tax C (Contingent) for Assessor's Parcels of Developed Property which are classified as Residential Property, all such Assessor's Parcels shall be assigned the number of Dwelling Unit(s) constructed thereon, or approved to be constructed thereon, as specified in or shown on the Building Pern it(s) issued or Final Map as determined by the CFD Administrator. If a single family attached building or buildings have been built on an Assessor's Parcel, the CFD Administrator shall determine the actual number of Dwelling Units contained within the building or buildings, and the Special Tax C (Contingent) levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax C (Contingent) per Dwelling Unit identified for the Assessor' s Parcel.
For purposes of determining the applicable Maximum Special Tax C (Contingent) for Assessor's Parcels of Developed Property and Final Map Property which are classified as Non -Residential Property, all such Assessor's Parcels shall be assigned the number of Acres as shown on the Final Map as determined by the CFD Administrator. Once the CFD Administrator determines the actual number of Acres for an Assessor's Parcel, the Special Tax C (Contingent) levied against an Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Acres by the Maximum Special Tax C (Contingent) per Acre.
1. Developed Property
a. Maximum Special Tax C (Contingent)
The Maximum Special Tax C (Contingent) for each Assessor's Parcel of Taxable Property for Fiscal Year 2023-2024 is identified in Table 7 below for all Zones:
TABLE 7
MAXIMUM SPECIAL TAX C (CONTINGENT) FOR DEVELOPED PROPERTY Land Use Category
Taxable
Unit
Maximum Special Tax C (Contingent)
Per Taxable Unit
1. Residential Property
DU
$249
2. Non -Residential Property
Acre _,
$1,487
On each July 1, commencing July 1, 2024, the Maximum Special Tax C (Contingent) for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) two percent (2%).
b. Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax C (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax C (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by D-19
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reference to the site plan approved for such Assessor's Parcel. The CFD Administrator's allocation to each type of property shall be fmal.
2. Final Map Property
The Maximum Special Tax C (Contingent) for each Assessor's Parcel of Final Map Property for Fiscal Year 2023-2024 is identified in Table 8 below:
TABLE 8
MAXIMUM SPECIAL TAX C (CONTINGENT) FOR
FINAL MAP PROPERTY
Maximum Special Tax C
(Contingent)
Per Assessor's Parcel
$249
On each July 1, commencing July 1, 2024, the Maximum Special Tax C (Contingent) for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) two percent (2%).
T. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX C (CONTINGENT) Commencing with the first Fiscal Year in which Special Tax C (Contingent) is authorized to be levied and for each following Fiscal Year, the Council shall determine the Special Tax C (Contingent) Requirement and shall levy the Special Tax C (Contingent) on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax C (Contingent) equals the Special Tax C (Contingent) Requirement. The Special Tax C (Contingent) shall be levied for each Fiscal Year as follows:
Step One: The Special Tax C (Contingent) shall be levied Proportionately on all Assessor's Parcels of Developed Property at up to 100% of the applicable Maximum Special Tax C (Contingent) to satisfy the Special Tax C (Contingent) Requirement; Step Two: If additional moneys are needed to satisfy the Special Tax C (Contingent) Requirement after the first step has been completed, the Special Tax C (Contingent) shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax C (Contingent) for Final Map Property.
U. DURATION OF SPECIAL TAX C (CONTINGENT)
The Special Tax C (Contingent) shall be levied in perpetuity to fund the Special Tax C (Contingent) Requirement, unless no longer required as determined at the sole discretion of the City Council.
V. MANNER OF COLLECTION OF SPECIAL TAX C (CONTINGENT)
The Special Tax C (Contingent) shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that IA No. 2 may collect the Special Tax C D-20
4883-9112-9425v4/022599-0032
(Contingent) at a different time or in a different manner if necessary to meet its funding requirements.
W. SPECIAL TAX D
Commencing Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Tax D on all Taxable Property, up to the applicable Maximum Special Tax D to fund the Special Tax D Requirement.
X. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX
For each Fiscal Year, all Assessor's Parcels of Taxable Property within IA No. 2 classified as Residential Property shall be subject to the levy of Special Tax D as determined pursuant to Sections Y and Z below for all Zones. For Residential Property with attached Dwelling Units, the number of Dwelling Units shall be determined by the CFD Administrator.
Final Map Property, Non -Residential Property, and Undeveloped Property shall not be subject to Maximum Special Tax D.
Y. MAXIMUM SPECIAL TAX D
1. Developed PropeM
a. Maximum Special Tax D
The Maximum Special Tax D for each Assessor's Parcel of Residential Property for Fiscal Year 2023-2024 is identified in Table 9 below:
TABLE 9
MAXIMUM SPECIAL TAX D FOR RESIDENTIAL PROPERTY
Land Use Category
Taxable
Unit
Maximum Special Tax B
Per Taxable Unit
1. Residential Property
DU
$509
On each July 1, commencing July 1, 2023, the Maximum Special Tax D for the prior Fiscal Year shall be adjusted by the greater of (i) an amount equal to the percentage change in the Consumer Price Index for the twelve-month period ending in January of the prior Fiscal Year or (ii) five percent (5%).
Z. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX D
Commencing with Fiscal Year 2023-2024 and for each subsequent Fiscal Year, the City Council shall levy Special Tax D until the amount of Special Tax D equals the Special Tax D Requirement in accordance with the following steps:
Step One:
The Special Tax D shall be levied Proportionately on each Assessor's Parcel of Residential Property at up to 100% of the applicable Maximum Special Tax D as needed to satisfy the Special Tax D Requirement.
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AA. DURATION OF SPECIAL TAX D
The Special Tax D shall be levied in perpetuity to fund the Special Tax D Requirement, unless no longer required as determined at the sole discretion of the City Council.
BB. MANNER OF COLLECTION
The Special Tax D shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that IA No. 2 may collect the Special Tax D at a different time or in a different manner if necessary to meet its funding requirements.
CC. APPEALS
Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor's Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall take any of the following actions, in order of priority, in order to correct the error:
(i) amend the Special Tax levy for the current Fiscal Year prior to the payment date;
(ii) require the CFD to reimburse the taxpayer the amount of the overpayment to the extent of available funds of IA No. 2 of CFD No. 2023-1; or (iii) grant a credit against, eliminate or reduce the future Special Taxes levied on the taxpayer's property within IA No. 2 of CFD No. 2023-1 in the amount of the overpayment.
DD. INTERPRETATIONS
The City Council may interpret this Rate and Method of Apportionment of Special Tax by ordinance or resolution for purposes of clarifying any vagueness or ambiguity. Any decision of the City Council shall be final and binding as to all persons.
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SPICER CONSULTING
GROU P
BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE May 16, 2023
SUBJECT: FY2022-2023 No.6 Budget Amendment
Description Review items needing budget amendments in the FY2022-2023 budget.
Background and Analysis:
On June 21, 2022, the City Council, by resolution, adopted the FY2022-2023 citywide budget. Throughout the year budget amendments are necessary when there is a need to adjust the budget due to unexpected changes in circumstances or new information that was not available when the original budget was created.
The following budget amendments are required due to new information or to remain within spending authority.
General Fund
Expenses
Department Amount Reason
HR and Human Resources 15,000.00 Recruitment costs have come in higher than budget City Clerk 50,000.00 Election services invoice was more than expected Administration 1,000,000.00 Project manager contracts
Animal Control 6,000.00 Trucks require flashing lights and locks Animal Control 8,500.00 Turbo Data Ticket Writers from IT Budget PD 25,000.00 Turbo Data Ticket Writers from IT Budget
Community Enhancement 10,500.00 Turbo Data Ticket Writers from IT Budget Enhancement for ticket writers put here, need to
IT (44,000.00) move to correct departments
CIP 690,000.00 Additional funds for purchase of fire truck PS -05 Interest income
Sales tax
1,000,000.00 Higher than anticipated investment returns 761,000.00 Sales tax receipts higher than anticipated
Self -Insurance Fund
Expenses
Settlement Costs
Revenue
Cost Recovery
400,000.00 Legal settlements
3,982,000.00 Legal settlement funds received
Other Special Revenue Fund
Expenses
Program costs - K9
Capital Projects Fund
Expenses
Vehicles
Revenue
Transfer -In
17,853.00 Purchase of new K9 replacement
690,000.00 PS -05 fire truck purchase
690,000.00 Transfer -in from General Fund
Fiscal Impact:
General fund expenditures will be increased by $1,761,000 and general fund revenues will increase by the same. The Self-insurance Fund expenditures will increase by $400,000 and self-insurance fund revenue will increase by $3,982,000 with a net increase to fund balance of $3,582,000. Other Special Revenue Fund expenditures will increase by $17,853 with the amount coming from the K9 donation program fund balance. The Capital Projects Fund expenditures will increase by $690,000 and capital projects revenue will increase by the same.
The estimated cost to prepare this report is $420.
Recommended Action:
Approve FY2022-2023 budget amendments as outline in attachment A.
Attachments:
A. Budget Adjustment Form
DATE:
BEAUMONT
—c A L 1 F O R N 1 A-
5/16/2023
City of Beaumont
Budget Adjustment Form
FY 2022/2023
DEPARTMENT NAME: Finance
PREPARED BY: Tara Astran
APPROVED BY
Revenue = +
Expense = -
Revenue = +
Expense = -
Debit
(Credit)
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
CURRENT BUDGET
I ADJUSTED BUDGET
NEW BUDGET AMT
Explanations /Justification
100-1240-6050-0000
Recruitment and Hiring
50,000.00
15,000.00
65,000.00
HR Dept: Recruitment costs have come in higher than
budgeted
100-1150-7068-0000
Contractual Services
180,600.00
50,000.00
230,600.00
City Clerk: Election services invoice was more than
expected
100-1200-7068-0000
Contractual Services
50,115.00
1,000,000.00
1,050,115.00
Ad min Dept: Project Manager Contracts
100-2000-7037-0000
Vehicle Maintenance
2,120.00
6,000.00
8,120.00
Animal Control trucks require flashing lights and locks 100-2000-7075-0000
Equipment Leasing/Rental
-
6,000.00
6,000.00
Animal Control: Lease of Turbodata ticket writers
(previously budgeted in IT budget by mistake)
100-2000-7053-0000
Permits, Fees and License
-
2,500.00
2,500.00
Animal Control: Lease of Turbodata ticket writers
(previously budgeted in IT budget by mistake)
100-2050-7075-0000
Equipment Leasing/Rental
-
25,000.00
25,000.00
Police: Lease of Turbodata ticket writers (previously
budgeted in IT budget by mistake)
100-2030-7075-0000
Equipment Leasing/Rental
-
6,000.00
6,000.00
Code Enforcement: Lease of Turbodata ticket writers
(previously budgeted in IT budget by mistake)
100-2030-7053-0000
Permits, Fees and License
4,500.00
4,500.00
Code Enforcement: Lease of Turbodata ticket writers
(previously budgeted in IT budget by mistake)
100-1230-7071-6040
Software (Police Dept)
178,315.00
(44,000.00)
134,315.00
Enhancement for Turbodata ticket writers put here,
need to move to correct department
100-0000-9960-0000
Transfer Out from GF
32,427,617.00
690,000.00
33,117,617.00
To fund increase cost of Fire Truck Proj# PS -05
100-0000-4650-0000
Interest
(40,000.00)
(1,000,000.00)
(1,040,000.00)
Higher than anticipated investment returns
https://beaumontca.sharepoint.com/sites/financegroup2/Shared Documents/Council Reports/FY2023/Budget Amendment #6/Copy of Budget Adjustment Form MdYear CIP: Budget Adjustment Form
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
CURRENT BUDGET
ADJUSTED BUDGET
NEW BUDGET AMT
Explanations /Justification
100-0000-4050-0000
Sales Tax
(24,680,469.00)
(761,000.00)
(25,441,469.00)
Higher than anticipated sales tax receipts
120-0000-4685-0000
Self Insurance Fund - Cost Recovery
(525,000.00)
(3,982,000.00)
(4,507,000.00)
Legal Settlement Funds Received
120-9663-7500-0000
Self Insurance Fund - Settlements
41,056.00
400,000.00
441,056.00
Legal Settlements
240-2080-7096-0000
Program Costs - K9
-
17,853.00
17,853.00
Purchase of new K9 replacement
PS -05-T 500-
0000 -9950-0000
Transfer In to Capital Fund
(48,812,764.00)
(690,000.00)
(49,502,764.00)
Additional Funds for purchase of fire truck Project # PS - 05 PS -05-O 500-
0000-8060-0000
Equipment
400,000.00
690,000.00
1,090,000.00
Cost Increase of Fire Truck Proj# PS -05
TOTALS
$ (40,728,410.00)
$ (3,564,147.00)
$ (44,292,557.00)
Net Effect
https://beaumontca.sharepoint.com/sites/financegroup2/Shared Documents/Council Reports/FY2023/Budget Amendment #6/Copy of Budget Adjustment Form MdYear CIP: Budget Adjustment Form
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 16, 2023
SUBJECT: Award a Public Works Agreement to EverFence Corporation in an Amount Not to Exceed $204,269 for the Police Station Perimeter Fencing — Capital Improvement Project No. PS -02
Description Award Public Works Agreement for Police Department Perimeter Fence.
Background and Analysis:
The Beaumont Community Services Department is seeking to award a public works construction contract to EverFence Corporation for the removal and replacement of perimeter fencing for the Beaumont Police Station. This project will remove existing chain link fencing and replace it with eight -foot wrought iron fencing with the addition of two feet of wrought iron fencing topper on existing six-foot block walls. This project will also expand the current parking area of the police department to include 38 parking spaces from the adjacent public parking lot located on the corner of Sixth Street and Orange Ave. With the addition of more officers and police personnel vehicles the need arises for additional staff parking for police staff.
Per Beaumont Municipal Code Section 3.01.080; on February 23, 2023, staff released a Request for Bid for Police Station Perimeter Fencing and conducted a walk through for potential bidders on March 3, 2023. On March 23, 2023, three potential bidders submitted sealed bids that were opened, and all bids were reviewed. Staff reviewed all bids and EverFence Corporation were found to be the lowest responsive bidder.
The bids reviewed were as follows:
EverFence Corp.
Quality Fence Co.
NR Development
$ 204,269.00
$ 364,371.00
$ 394,500.36
After reviewing the bids, Community Services and Police Department staff were able to visit the manufacturer of the fence material being purchased to inspect the material and to ensure the technical specifications met the needs of police personnel and safety. All
material was found to be acceptable, and the decision was made to move forward with contract award.
Fiscal Impact:
Funding for this project is allocated through the five-year Capital Improvement Plan (CIP) Fiscal Year 2023-2027. Project No. PS -02 has designated $425,000 in total for various improvements to the Police station. Currently, there is $367,474 available for this project.
The estimated cost to prepare this report is $255.
PS -02 Police Station Renovations Project Accounting Summary Funding Summary
Funding Year
Funding Source
Amount
20/21
CFD
$250,000
22/23
GENERAL FUND
$175,000
Total Project Funding = $425,000
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
$0
$0
$0
$0
Construction
$375,000
($24,958)
($24,958)
$350,042
Construction Management '
$0
$0
$0
$0
Permits
$0
$0
$0
$0
Equipment
$50,000
($32,568)
($32,568)
$17,432
Project Summary Totals
$425,000
($57,526)
($57,526)
$367,474
Recommended Action:
Approve the Public Works Agreement with EverFence Corporation in the amount of $204,269 and authorize the City Manager to approve invoices for contingency in an amount up to $20,426 - for a total not to exceed of $224,695.
Attachments:
A. EverFence Corporation Bid and Quote
B. Public Works Agreement
City of Beaumont
Request for Bid
_..�. CIP PS -02 - Beaumont Police Station
BEAUMONT ONT Perimeter Fencing
—Cnlitouua—
BID FORM
NAME OF BIDDER: EverFence Corporation
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 -02 BEAUMONT POLICE STATION PERIMETER FENCING
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
Two hundred four thousand two hundred sixty nine
$204,269.00
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
12
City of Beaumont
Request for Bid
dEilitiMaNT
—cnGffflutia—
BASE BID
BID SCHEDULE
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCING
ITEM
NO.
DESCRIPTION OF ITEMS
EST'
QUANTITY/
UNIT
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
1 Removal and disposal of existing chain
link fence (approximately 720') and
security gate(s). *Installation of
temporary fencing will be required to
ensure perimeter security for facility for
entire project duration.
720
LF
$10.00
$7,200.00
2 Furnish and install commercial grade,
8' high punch press spear fencing
(approximately 937').
937
LF
$70.00
$65,590.00
3 Furnish and install 2' high steel fence
on existing block wall (approximately
195')
195
LF
$55.00
_
$10,725.00
4 Furnish and install 2' high steel fence
on existing block wall. 56 LF
56 LF
$75.00
$4,200.00
5 Furnish and install 3' high steel fence
on existing rear block wall. 56 LF
56 LF
$84.00
$4,704.00
6 Furnish and install a new pedestrian
gate with push bar and mesh.
1 EA
$6,250.00
$6,250.00
7 Furnish and install 20' commercial
grade automatic gate in parking lot,
including track, hardware and operator
motor.
2 EA
$27,360.00
$54,720.00
8 Furnish and install 14' commercial
grade gate near parking lot connection,
including track hardware and operator
motor.
1 EA
$25,080.00
$25,080.00
9 Furnish and install all electronic
connections necessary for facility
access. Conduit and hook-up for new
motor(s) to be connected to panel near
existing EV chargers.
1 EA
$24,000.00
$24,000.00
10 Installation of concrete pad(s) for
operator motor(s).
3 EA
$600
$1800.00
13
City of Beaumont
Request for Bid
BEITMENT
—fuG�o�rua—
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
ITEM
NO
DESCRIPTION OF ITEMS
EST.
QUANTITY/
UNIT
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
11 Ensure all electrical components are
connected according to the City of
Beaumont specifications.
Included
12 Ensure adequate protection for all
outdoor electronic components.
Included
13 14
15 16
17 18
19 PROJECT BASE BID SUBTOTAL:
$204,269.00
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.
14
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
BID CERTIFICATION
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No. 1063022
Expiration Date 02/29/2024
Class of license C-13
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 1
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 EverFence Corporation
Signature
Name and Title Senior Project Coordinator
Dated 3/20/2023
15
City of Beaumont
Request for Bid
MEW gEIT
Catip;Julia
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
CONTRACTOR'S CERTIFICATE REGARDING
WORKERS' COMPENSATION
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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 EverFence Corporation
Signature
Name and Title Brian Davies Senior Project Coordinator
Dated 3/20/2023
16
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Eau `� N ennia—
' Perimeter Fencing
—Cali�
Executed in Duplicate
BID BOND
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
The makers of this bond are,
EverFence Corporation, 12309 Telegraph Ave., Santa Fe Springs, CA 90670 as Principal, and
Great Midwest Insurance Company, 800 Gessner Rd, Ste. 600, Houston, TX 77024-4538 , 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 22 , 20 23 , for CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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. 17
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 17th day of March , 20 23 , the name and corporate seal of each corporation.
(Corporate Seal) EverFence Corporation
Principal
By
Senior Prof ccF Mucks ¢,—
Title
Great Midwest Insurance Company
(Corporate Seal) Surety
By �,
Sean McCauley, Jr.,
Attorney -in -Fact
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title
18
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
TEXAS
STATE OF 4 $djr )
) ss.
CITY OF Dallas )
On this 17th day of March , in the year 2023, before me, Claudia Nunez , a Notary Public in and for said state, personally appeared Sean McCauley, Jr. , 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 Great Midwest Insurance Company (Surety) thereto and his own name as Attorney -In - Fact.
CLAUDIA :41:0',�p %.4 NOTARY PUBLIC
* {D# 11456202
t. State of Texas
Comm. Exp. 03-07.2026
Nooary Public in and for sai Styte`
Claudia Nunez
Texas Notary Public ID #11456202
(SEAL)
Commission expires: March 7, 2026
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
19
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On NIctVCti 2212cQ
Date
personally appeared
before me,
Elvy I. Cifuentes-Giron, Notary Public
f i 1 r'1
Here Insert Name and Title of the Officer
c;k, rA P_5
Name of Signer
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
ELVY IVETTE CIFUENTES•GIRON
Notary Public - California
Los Angeles County
Commission # 2351697
My Comm. Expires Mar 15, 2025
Place Notary Seal Above
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: rt7 fU ‘borkeeik Document Date:
Number of Pages: . Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Signer's Name:
❑ Corporate Officer — Title(s):
[1 Partner — El Limited E General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
.122123
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
POWER OF ATTORNEY
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office in Houston, TX, does hereby constitute and appoint:
Sean McCauley, Jr., Claudia Nunez, Sam Duckett, Katie Rooney, Jeff Scott, Bridget Truxillo its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 1st day of October, 2018 as follows:
Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 11th day of February, 2021.
ACKNOWLEDGEMENT
GREAT MIDWEST INSURANCE COMPANY
BY
Mark W. Haushill
President
On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. fil, fry
it .,, CHRISTINA BISHOP
Notary Public, State of Texas
r Comm. Expires 04.14-2025
tiltot, Notary ID 131090488
CERTIFICATE
BY
(fry/
Christina Bishop
Notary Public
I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force.
Signed and Sealed at Houston, TX this 17th Day of March , 20 23 , 1 iN1F
BY
'442
"WARNING: Any person who Knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a [fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
No. 5780-2
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Great Midwest Insurance Company
of Texas, organized under the laws of Texas, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws ofthe State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as ofthe 4th day ofAugust, 2015, I have hereunto set my hand and caused my official seal to be affixed this 4th day of August, 2015.
Dave Jones
Insurance Commissioner
By
Valerie Sarfaty
for Nettie Hoge
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.
City of Beaumont
Request for Bid
_.�. CIP PS -02 - Beaumont Police Station
WALNUT Perimeter Fencing
catvathz
DESIGNATION OF SUBCONTRACTORS
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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 excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.
Portion of the Work Subcontractor
Location of Business
%ofWork
20
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
Portion of the Work Subcontractor Location of Business
% of Work
Name of Bidder
Signature
Name and Title
Dated
21
City of Beaumont
Request for Bid
MUM 'T
catipknik
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
INFORMATION REQUIRED OF BIDDERS
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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: EverFence Corporation
2.0 Type, if Entity:
3.0 Bidder Address:
C -Corporation
12309 Telegraph Road Santa Fe Springs, CA 90670
562-946-2872
Facsimile Number Telephone Number
4.0 License Information:
1063022 C-13
02/29/2024
License No.
1000708605
Class of License Expiration Date
DIR Registration No.
5.0 How many years has Bidder's organization been in business as a Contractor? 3 5.1 How many years has Bidder's organization been in business under its present name? 3
6.0 Under what other or former names has Bidder's organization operated? 22
City of Beaumont
Request for Bid
UM 4r FT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
7.0 If Bidder's organization is a corporation, answer the following:
7.1 Date of Incorporation: 12/04/2019
7.2 State of Incorporation:
7.3 President's Name:
California
Matt Sivewright
7.4 Vice -President's Name(s): Matt Couper
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.
Texas, Arizona
23
City of Beaumont
Request for Bid
_.�. CIP PS -02 - Beaumont Police Station
BEAUMONT Perimeter Fencing
—cau,.Ua-
11.0 What type of work does the Bidder normally perform with its own forces? All Fence Work and Project Oversight
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:
Jim Haley- Haley Construction 714-336-4090
Tiffany Trujilo- Kasa Construction- 909-457-8260
Jerry Gomez- City of Maywood- 323-562-5755
15.0 List Bank References (Bank and Branch Address):
City National Bank, Philip Holtzendorff 500 Newport Center Drive Newport, CA 92660
24
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
16.0 Name of Bonding Company and Name and Address of Agent:
McCauley Bond Agency , Sean McCauley, Jr ,
5710 LBJ FWY suite 235 Dallas TX, 75240
25
City of Beaumont
Request for Bid
B. LIST OF CURRENT PROJECTS (Backlog)
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
[**Duplicate Page if needed for listing additional current projects.**] Project Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone
Westside Fire Station
Install iron fence and gates
8/31/2023
$131,795.00
626-786-926ger
Las Palmas Pool
Install iron fence and gates
5/30/2023
$170,656.00
Kurt Jackson
626-633-6530
City of La Palma
IIi k fenceh chain
4/15/2023
$21,355.00
+
Robert Zubiate
714-690-3327
Tustin Alley Park
Install Chain link fence and gates.
9/25/2023
$131,919.00
Mike Mansfield
858-886-6319
South Jackson Park Furnish and install chain
link and iron
5/3/2023
$69,985.00
Mark Fassel
951-239-6780
1 26
City of Beaumont
Request for Bid
—cat�nia
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
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 Period of
Bidder's Work Performance
Cost of Bidder's
Work
Contact Name
& Phone
City of Maywood
Y
Install cagehain link
batting cage
$28,275.00
Gomez
Jer9/1/2022
323 62-5755
Space X
p
Install 8' chain
link fence
11/30/2022
$132,000.00
Fire Station No. 4
Install chain link fence
2/18/2023
$17,280.00
n
951Kev-2 Coleman
951-282-5531
Lucinda Park
Install Iron Fence
12/2/2022
$31,881.00
o
Tiffany09-45 -826
909-457-8260
Schurr HS
Install Chain Link Fence
10/30/2022
$36,120.00
Jorge Robles
562-991-2110
Macy Intermediate
Install chain link fence
10/2/2022 ''
$185,745.00
Jorge Robles
562-991-2110
Montebello Park
Install Chain link fence
11/5/2023
$188,030.00
J56rge 62-9 Robles
5 991-2110
Irwindale Brew Yard
Chain link fence and gates
3/13/2023
$144,753.00
Jorge Robles
562-991-2110
27
City of Beaumont
Request for Bid
C;;I CIP PS -02 - Beaumont Police Station
q Perimeter Fencing
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:
Brian Davies Senior Project Coordinator: will run project start to finish Foreman: TBD
2. Summarize each person's specialized education:
3. List each person's years of construction experience relevant to the project:
Brian Davies: 12 years fence experience
4. Summarize such experience:
I have been in the fence industry working every position from installer to estimator/project manager Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
28
City of Beaumont
Request for Bid
Additional Bidder's Statements:
CIP PS -02 - Beaumont Police Station
.!-.21:01airr Perimeter Fencing
—cacnia,—
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder EverFence Corporation
Signature
Name and Title Brian Davies Senior Project Coordinator
Dated 03/23/2023
29
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
NON -COLLUSION AFFIDAVIT
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
1, Brian Davies
, being first duly sworn, deposes and says that he is
of EverFence Corporation 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 EverFence Corporation
Signature
Name and Title Brian Davies Senior Project Coordinator
Dated 3/20/2023
30
City of Beaumont Contract Number:
C23-29
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 EverFence Corporation ("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 Beaumont Police Station Perimeter Fencing (hereinafter "Project"). CITY's Invitation for Bids ("Invitation") for the Project, dated February 23, 2023, and CONTRACTOR's Bid in response to the Invitation, dated March 23, 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.
City of Beaumont Contract Number:
C23-29
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 Two Hundred Four Thousand, Two Hundred Sixty -Nine Dollars and Zero Cents ($204,269.00).
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
City of Beaumont Contract Number:
C23-29
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
City of Beaumont Contract Number:
C23-29
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
City of Beaumont Contract Number:
C23-29
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
City of Beaumont Contract Number:
C23-29
• 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
City of Beaumont Contract Number:
C23-29
(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
City of Beaumont Contract Number:
C23-29
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 -
City of Beaumont Contract Number:
C23-29
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
City of Beaumont Contract Number:
C23-29
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
City of Beaumont Contract Number:
C23-29
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 David Van Dyke 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
City of Beaumont Contract Number:
C23-29
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
City of Beaumont Contract Number:
C23-29
❑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.]
City of Beaumont Contract Number:
C23-29
SIGNATURE PAGE TO
CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
CITY:
CITY OF BEAUMONT
By:
Julio Martinez, I I I , Mayor
CONTRACTOR:
EVERFENCE CORPORATION
By:
Print Name:
Title:
City of Beaumont Contract Number:
C23-29
CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT "A"
CITY'S FEBRUARY 23, 2023
INVITATION FOR BIDS
15
BEAUMONT
Website:
http://beaumontca.gov/
Address:
550 E. 6th Street
Beaumont, CA 92223
Phone:
951.769.8520
REQUEST FOR BID
FOR:
BEAUMONT POLICE STATION PERIMETER FENCING
CRITICAL BID DATES, TIMES, & LOCATIONS
Bid Published:
Bids Must Be Received By:
Place Of Bid Receipt:
Job -Site Inspection:
Job -Site Inspection Location:
Questions In By:
Bid Opening Date:
Bid Opening Location:
February 23, 2023
March 23, 2023 @ 2:00 P.M.
550 E. Sixth Street (City Hall)
Friday, March 3, 2023 @ 10:00 A.M.
660 Orange Ave., Beaumont, CA 92223
Thursday, March 9, 2023 @ 2:00 P.M.
March 23, 2023 @ 2:15 P.M.
550 E. Sixth Street (City Hall), Room 4,
Beaumont, CA 92223
CONTACTS:
Grace Wichert
Procurement and Contracts Specialist
[email protected]
RFB AVAILABLE:
WWW.PUBLICPURCHASE.COM
HTTPS://WWW.BEAUMONTCA.GOV/949/BIDS-AND-RFPs
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
CITY OF BEAUMONT
CALIFORNIA
CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:
BEAUMONT POLICE STATION PERIMETER FENCING
.. •
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
TABLE OF CONTENTS
NOTICE INVITING BIDS 2
BID FORM 12
BASE BID 13
BID SCHEDULE 13
BID CERTIFICATION 15
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION 16 BID BOND 17
DESIGNATION OF SUBCONTRACTORS 20
INFORMATION REQUIRED OF BIDDERS 22
NON -COLLUSION AFFIDAVIT 30
PERFORMANCE BOND 31
THIS IS A REQUIRED FORM 34
PAYMENT BOND 36
02 TECHNICAL SPECIFICATIONS 38
03 AERIAL VIEW 39
04 PUBLIC WORKS AGREEMENT 40
NOTICE INVITING BIDS
1
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
NOTICE INVITING BIDS
The City of Beaumont ("City") is soliciting bids for:
BEAUMONT POLICE STATION PERIMETER FENCING
BID DATES, TIMES, & LOCATIONS:
Bid Published:
Bids Must Be Received By:
Place Of Bid Receipt:
Job -Site Inspection:
Job -Site Inspection Location:
Questions In By:
Bid Opening Date:
Bid Opening Location:
February 23, 2023
March 23, 2023 @ 2:00 P.M.
550 E. Sixth Street (City Hall)
Beaumont, CA 92223
Friday, March 3, 2023 @ 10:00 A.M.
660 Orange Ave., Beaumont, Ca 92223
Thursday, March 9, 2023 @ 2:00 P.M.
March 23, 2023 @ 2:15 P.M.
550 E. Sixth Street (City Hall), Room 4
Beaumont, CA 92223
Bids received after this time will be discarded. Bids shall be valid for 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:
BEAUMONT POLICE STATION PERIMETER FENCING
LOCATION OF WORK:
The work to be completed is located at the Beaumont Police Department, located at 660 Orange 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, technical specifications, and all other reference documents.
In general, the work includes the removal and replacement of perimeter fencing for the Beaumont Police Station.
CONTRACT LENGTH:
The work for this contract shall not exceed 120 calendar days. Contract time shall 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 2
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
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.gov) and WWW.PUBLICPURCHASE.COM and reviewed at no cost.
BID & BIDDER:
Bids must be accompanied by cash, a certified or cashier's check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.
Each bid shall be accompanied by the security referred to in the Contract Documents, the non -collusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders.
The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment (Labor and Materials) Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.
Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor's license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:
• California "C-13" license — Fencing Contractor
JOB -SITE INSPECTION: A job -site inspection (walk-through) is scheduled for Friday, March 3, 2023 at 10:00 A.M. Interested parties should meet outside of the Beaumont Police Department, located at 660 Orange Ave., Beaumont, CA 92223. 3
City of Beaumont
Request for Bid
BEAUMONT
FOR FURTHER INFORMATION CONTACT:
Grace Wichert
E-mail: [email protected]
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
4
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
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 gwichert 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 5
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CIP PS -02 - Beaumont Police Station
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restrictions which may impact the cost or effort required to complete the Project.
ADDENDA:
The City reserves the right to revise the Contract Documents prior to the bid opening date.
Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.
Each prospective bidder shall provide City a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note:
Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Public Works Department to verify that he has received all Addenda issued, if any, prior to the bid opening.
ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.
COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, COMPUTER OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non -responsive.
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City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
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 excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater, 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 7
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jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
BID GUARANTEE (BOND):
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier's check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder's bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.
SUBMISSION OF BIDS:
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be mailed or hand delivered to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein.
Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601.
The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids and may reject any bid not strictly complying with City's designated methods for delivery.
DELIVERY AND OPENING OF BIDS
Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. It is the Bidder's sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.
Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids at the address specified in the NIB. The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the 8
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Request for Bid
BEAUMONT
Bid Price, the written amount shall govern.
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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 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; 9
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• Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
• Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's City Engineer, or other designated City staff member, shall review the basis of the protest and all relevant information. The City Engineer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Engineer to the City Manager.
WORKERS COMPENSATION:
Each bidder shall submit the Contractor's Certificate Regarding Workers' Compensation form.
SUBSTITUTION OF SECURITY:
The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
PREVAILING WAGES:
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at www.dir.ca.gov . Future effective prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning March 1, 2015, with very limited exceptions, no contractor or subcontractor may be listed on a bid proposal for this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The DIR registration number for each contractor and subcontractor must be identified on the bid proposal - failure to identify this number could result in the bid being rejected as non- responsive. It is each bidder's responsibility to ensure that they have fully complied with SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.
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City of Beaumont
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CIP PS -02 - Beaumont Police Station
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DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS:
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS:
Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price.
REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request provisions set forth in the Special Conditions, including any deadlines for substitution requests which may occur prior to the bid opening date.
SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.
EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.
END OF INSTRUCTIONS TO BIDDERS
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City of Beaumont
Request for Bid
NAME OF BIDDER:
BEAUMONT
BID FORM
CIP PS -02 - Beaumont Police Station
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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 -02 BEAUMONT POLICE STATION PERIMETER FENCING
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following BASE BID TOTAL BID PRICE:
BASE
BID
BASE BID PRICE
(IN WRITTEN FORM)
BID PRICE
(IN NUMBERS)
TOTAL
BID PRICE
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
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City of Beaumont
Request for Bid
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BASE BID
BID SCHEDULE
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CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCING
ITEM
NO.
DESCRIPTION OF ITEMS
EST.
QUANTITY/
UNIT
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
Removal and disposal of existing chain
link fence (approximately 720') and
security gate(s). *Installation of
temporary fencing will be required to
ensure perimeter security for facility for
entire project duration.
2 Furnish and install commercial grade,
8' high punch press spear fencing
(approximately 937').
3 Furnish and install 2' high steel fence
on existing block wall (approximately
195')
4 Furnish and install 2' high steel fence
on existing block wall.
5 Furnish and install 3' high steel fence
on existing rear block wall.
6 Furnish and install a new pedestrian
gate with push bar and mesh.
7 Furnish and install 20' commercial
grade automatic gate in parking lot,
including track, hardware and operator
motor.
8 Furnish and install 14' commercial
grade gate near parking lot connection,
including track hardware and operator
motor.
9 Furnish and install all electronic
connections necessary for facility
access. Conduit and hook-up for new
motor(s) to be connected to panel near
existing EV chargers.
10 Installation of concrete pad(s) for
operator motor(s).
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City of Beaumont
Request for Bid
BEAUMONT
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ITEM
NO.
DESCRIPTION OF ITEMS
EST.
QUANTITY/
UNIT
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
11 Ensure all electrical components are
connected according to the City of
Beaumont specifications.
12 Ensure adequate protection for all
outdoor electronic components.
13 14
15 16
17 18
19 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.
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City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
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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
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City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
CONTRACTOR'S CERTIFICATE REGARDING
WORKERS' COMPENSATION
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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
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City of Beaumont
Request for Bid
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CIP PS -02 - Beaumont Police Station
Perimeter Fencing
BID BOND
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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 -02 BEAUMONT POLICE STATION PERIMETER FENCE
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. 17
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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
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City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
STATE OF CALIFORNIA )
) ss.
CITY OF
On this day of , in the year 2023, before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the (Surety) thereto and his own name as Attorney -In -
Fact.
Notary Public in and for said State
(SEAL)
Commission expires:
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
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City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
DESIGNATION OF SUBCONTRACTORS
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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 excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.
Portion of the Work
Subcontractor
Location of Business
% of Work
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Request for Bid
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CIP PS -02 - Beaumont Police Station
Perimeter Fencing
Portion of the Work
Subcontractor
Location of Business
% of Work
Name of Bidder
Signature
Name and Title
Dated
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City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
INFORMATION REQUIRED OF BIDDERS
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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?
5.1 How many years has Bidder's organization been in business under its present name?
6.0 Under what other or former names has Bidder's organization operated? 22
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Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
7.0 If Bidder's organization is a corporation, answer the following:
7.1 Date of Incorporation:
7.2 State of Incorporation:
7.3 President's Name:
7.4 Vice -President's Name(s):
7.5 Secretary's Name:
7.6 Treasurer's Name:
8.0 If an individual or a partnership, answer the following:
8.1 Date of Organization:
8.2 Name and address of all partners (state whether general or limited partnership):
9.0 If other than a corporation or partnership, describe organization and name principals:
10.0 List other states in which Bidder's organization is legally qualified to do business. 23
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11.0 What type of work does the Bidder normally perform with its own forces?
12.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
14.0 List Trade References:
15.0 List Bank References (Bank and Branch Address):
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City of Beaumont
Request for Bid
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16.0 Name of Bonding Company and Name and Address of Agent:
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City of Beaumont
Request for Bid
BEAUMONT
B. LIST OF CURRENT PROJECTS (Backlog)
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[**Duplicate Page if needed for listing additional current projects.**] Project
Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone
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City of Beaumont
Request for Bid
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CIP PS -02 - Beaumont Police Station
Perimeter Fencing
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
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City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person's job title, name and percent of time to be allocated to this project:
2. Summarize each person's specialized education:
3. List each person's years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
28
City of Beaumont
Request for Bid
Additional Bidder's Statements:
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder
Signature
Name and Title
Dated
29
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
NON -COLLUSION AFFIDAVIT
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
being first duly sworn, deposes and says that he is
of the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Name of Bidder
Signature
Name and Title
Dated
30
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, (hereinafter referred to as "City")
has awarded to , (hereinafter referred to as the "Contractor") an agreement for
(hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less
than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which 31
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3)
Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.
32
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[Remainder of Page Left Intentionally Blank.]
33
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2023.
CONTRACTOR/PRINCIPAL
Name
By
SURETY:
By:
Attorney -In -Fact
The rate of premium on this bond is per thousand. The total amount of premium charges, $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
34
City of Beaumont
Request for Bid
STATE OF CALIFORNIA )
) ss.
CITY OF
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
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)
Notary Public in and for said State
Commission expires:
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
35
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Beaumont (hereinafter designated as the "City"), by action taken or a resolution passed , 2023 has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows:
(the "Project"); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
36
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the day of
20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) (Seal of Surety)
By
(Signature of Contractor)
Surety
By
Attorney in Fact
(Attached Attorney -In -Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.
37
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
02 TECHNICAL SPECIFICATIONS
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCING
ORNAMENTAL IRON FENCES
27-1 GENERAL
The work shall consist of, but not necessarily limited to, the construction of ornamental iron fences at the location(s) shown on the plans. Unless indicated otherwise, fence shall be constructed in accordance with manufacturer's recommendations. 27-2 MATERIALS
27-02.01 Fence
The welded steel ornamental iron picket fencing system shall be Secure -Weld Plus, Western as manufactured by Merchants Metals or approved equal. The color of the fence system shall be Black.
27-02.02 Posts, Rails, and Pickets
All posts, rails, and pickets used in the fence system shall be extruded from ASTM A500 Cold -Formed Welded and Seamless Carbon Steel Structural Tubing with minimum yield strength of 46,000 psi. Specifications and sizes shall be as shown:
Component
Size
Pickets
3/4" square x 16 gauge
Rails
1 1/2" square x 14 gauge
Standard Posts
3" square x 11 gauge
Spacing Between Pickets
3 11/16"
Post Spacing
94 5/8" on center
Height
As shown in plans
Panels, pickets, and flanged posts (if required) shall be of welded construction by the gas metal arc method. Pickets shall be attached to rail in the same manner.
No rivets, rods or screws will be acceptable for assembly of panels. Layout and welding shall be done by an experienced craftsman. All flush welds shall be ground smooth.
27-02.03 Fasteners and Accessories
All fasteners shall be galvanized steel. Galvanized steel castings shall be used for all post caps and other miscellaneous hardware. Brackets shall be L-shaped, slide -on type brackets. Brackets shall be attached to the posts with 1/4" x 3/4" (1/4" x 1" may be substituted) self -tapping tek-screws.
27-02.04 Footings
Portland cement concrete for ornamental iron post footings shall be produced from commercial quality aggregates and cement and shall provide a minimum compressive strength at 28 days of 3,000 psi.
Ornamental Iron Fences
27-02.05 Finish
Finish shall be an eight stage pre-treatment and a four -stage corrosion resistant powder coating process. The finish shall conform to local environmental air quality standards. Color shall be Black, unless otherwise specified.
Finish shall be applied after fabrication. All welds are to receive treatment with a zinc rich -epoxy resin primer applied at a thickness of 2 to 4 mils and over cured at 400° F. The finish coat shall be 2 to 4 mils dry film thickness and shall be a TGIC polyester powder coating that combines hardness and durability.
The 12 -step process shall consist of (1) Hot alkaline cleaner, (2) Clear water rinse, (3) Hot iron phosphate application, (4) Clear water rinse, (5) Sealer application, (6) Ring rinse, (7) Deionized water rinse, (8) Drying at 425° F, (9) Zinc enriched epoxy primer powder coat at 2-4 mils, (10) Gel oven heat at 400°F, (11) Ultra polyester finish powder coat at 2-4 mils, (12) Final oven curing at 450°F.
27-3 CONSTRUCTION
Fencing indicated on the plans to be removed, shall be properly disposed off site by the Contractor at Contractor's expense. Any existing fence indicated to remain and which have been damaged by the Contractor shall be replaced by him at his expense.
All earth, trees, brush and other obstructions which interfere with the proper construction of fences shall be removed and properly disposed of off site by the Contractor.
Existing cross fences shall be connected to the new fence where indicated on the plans.
Corner posts with braces for every direction of strain shall be placed at the junction with existing fences. Unless indicated otherwise, at structures an end post shall be installed and the fence connected thereto.
Install fence per manufacturer's recommendations. Fence post spacing shall be in accordance with the drawings. Footings and post cap sizes shall be as indicated on the drawings.
Space posts uniformly in accordance with panel width, unless instructed otherwise.
Set posts in concrete. Post holes shall have a diameter 4 times the nominal post size and 6" deeper than the bottom of the post. Forms are not necessary or recommended.
Crown concrete at top to shed water.
Check each post for vertical and top alignment.
Attach brackets using '/4" x3/4" tek-screws; '/4" x 1" tek-screws may be used as an alternate. Attach fence panels.
Any abrasions or field welds that cause damage to the factory -applied coatings shall be thoroughly cleaned, re -primed, and touched up by the Contractor. The paint used for Ornamental Iron Fences
touch up shall be the same quality, color and gloss to provide a match to the manufacturer's finish.
Assembled sections shall support a 350 pound vertical load at the midpoint of any horizontal rail.
The entire fence system shall have a written 10 Year Warranty against rust and defects in workmanship and materials.
Line posts shall be spaced at not more than 8 -foot intervals, measured from center to center of posts. In general in determining the post spacing, measurement will be made parallel to the slope of the natural ground, and all posts shall be placed in a vertical position.
All posts shall be set in concrete footings conforming to the details contained in the Caltrans Standard Plans.
Ornamental Iron Fences
City of Beaumont
Request for Bid
BEAUMONT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
03 AERIAL VIEW
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCING
39
WI:1W 111WIF
r- mmiij P1
L 1
� f
:PflE HI7 _
1 S' wrought iron fence
2' spear on brick wall
City of Beaumont Contract Number:
C23-29
CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT "B"
CONTRACTOR'S Bid
16
City of Beaumont
Request for Bid
_..�. CIP PS -02 - Beaumont Police Station
BEAUMONT ONT Perimeter Fencing
—Cnlitouua—
BID FORM
NAME OF BIDDER: EverFence Corporation
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 -02 BEAUMONT POLICE STATION PERIMETER FENCING
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
Two hundred four thousand two hundred sixty nine
$204,269.00
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
12
City of Beaumont
Request for Bid
dEilitiMaNT
—cnGffflutia—
BASE BID
BID SCHEDULE
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCING
ITEM
NO.
DESCRIPTION OF ITEMS
EST'
QUANTITY/
UNIT
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
1 Removal and disposal of existing chain
link fence (approximately 720') and
security gate(s). *Installation of
temporary fencing will be required to
ensure perimeter security for facility for
entire project duration.
720
LF
$10.00
$7,200.00
2 Furnish and install commercial grade,
8' high punch press spear fencing
(approximately 937').
937
LF
$70.00
$65,590.00
3 Furnish and install 2' high steel fence
on existing block wall (approximately
195')
195
LF
$55.00
_
$10,725.00
4 Furnish and install 2' high steel fence
on existing block wall. 56 LF
56 LF
$75.00
$4,200.00
5 Furnish and install 3' high steel fence
on existing rear block wall. 56 LF
56 LF
$84.00
$4,704.00
6 Furnish and install a new pedestrian
gate with push bar and mesh.
1 EA
$6,250.00
$6,250.00
7 Furnish and install 20' commercial
grade automatic gate in parking lot,
including track, hardware and operator
motor.
2 EA
$27,360.00
$54,720.00
8 Furnish and install 14' commercial
grade gate near parking lot connection,
including track hardware and operator
motor.
1 EA
$25,080.00
$25,080.00
9 Furnish and install all electronic
connections necessary for facility
access. Conduit and hook-up for new
motor(s) to be connected to panel near
existing EV chargers.
1 EA
$24,000.00
$24,000.00
10 Installation of concrete pad(s) for
operator motor(s).
3 EA
$600
$1800.00
13
City of Beaumont
Request for Bid
BEITMENT
—fuG�o�rua—
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
ITEM
NO
DESCRIPTION OF ITEMS
EST.
QUANTITY/
UNIT
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
11 Ensure all electrical components are
connected according to the City of
Beaumont specifications.
Included
12 Ensure adequate protection for all
outdoor electronic components.
Included
13 14
15 16
17 18
19 PROJECT BASE BID SUBTOTAL:
$204,269.00
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.
14
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
BID CERTIFICATION
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No. 1063022
Expiration Date 02/29/2024
Class of license C-13
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 1
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 EverFence Corporation
Signature
Name and Title Senior Project Coordinator
Dated 3/20/2023
15
City of Beaumont
Request for Bid
MEW gEIT
Catip;Julia
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
CONTRACTOR'S CERTIFICATE REGARDING
WORKERS' COMPENSATION
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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 EverFence Corporation
Signature
Name and Title Brian Davies Senior Project Coordinator
Dated 3/20/2023
16
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Eau `� N ennia—
' Perimeter Fencing
—Cali�
Executed in Duplicate
BID BOND
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
The makers of this bond are,
EverFence Corporation, 12309 Telegraph Ave., Santa Fe Springs, CA 90670 as Principal, and
Great Midwest Insurance Company, 800 Gessner Rd, Ste. 600, Houston, TX 77024-4538 , 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 22 , 20 23 , for CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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. 17
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 17th day of March , 20 23 , the name and corporate seal of each corporation.
(Corporate Seal) EverFence Corporation
Principal
By
Senior Prof ccF Mucks ¢,—
Title
Great Midwest Insurance Company
(Corporate Seal) Surety
By 711
Sean McCauley, Jr.,
Attorney -in -Fact
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title
18
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
TEXAS
STATE OF 4 $djr )
) ss.
CITY OF Dallas )
On this 17th day of March , in the year 2023, before me, Claudia Nunez , a Notary Public in and for said state, personally appeared Sean McCauley, Jr. , 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 Great Midwest Insurance Company (Surety) thereto and his own name as Attorney -In - Fact.
CLAUDIA :41:0',�p %.4 NOTARY PUBLIC
* {D# 11456202
t. State of Texas
Comm. Exp. 03-07.2026
Nooary Public in and for sai Styte`
Claudia Nunez
Texas Notary Public ID #11456202
(SEAL)
Commission expires: March 7, 2026
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
19
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On NIctVCti 2212cQ
Date
personally appeared
before me,
Elvy I. Cifuentes-Giron, Notary Public
f i 1 r'1
Here Insert Name and Title of the Officer
c;k, rA P_5
Name of Signer
who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
ELVY IVETTE CIFUENTES•GIRON
Notary Public - California
Los Angeles County
Commission # 2351697
My Comm. Expires Mar 15, 2025
Place Notary Seal Above
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: rt7 fU ‘borkeeik Document Date:
Number of Pages: . Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Signer's Name:
❑ Corporate Officer — Title(s):
[1 Partner — El Limited E General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
.122123
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
POWER OF ATTORNEY
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office in Houston, TX, does hereby constitute and appoint:
Sean McCauley, Jr., Claudia Nunez, Sam Duckett, Katie Rooney, Jeff Scott, Bridget Truxillo its true and lawful Attorneys) -In -Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 1st day of October, 2018 as follows:
Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney.
Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the Company.
IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 11th day of February, 2021.
ACKNOWLEDGEMENT
GREAT MIDWEST INSURANCE COMPANY
BY
Mark W. Haushill
President
On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. fil, fry
it .,, CHRISTINA BISHOP
Notary Public, State of Texas
r Comm. Expires 04.14-2025
tiltot, Notary ID 131090488
CERTIFICATE
BY
(fry/
Christina Bishop
Notary Public
I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force.
Signed and Sealed at Houston, TX this 17th Day of March , 20 23 , 1 iN1F
CORPQ4
BY
"WARNING: Any person who Knowingly and with intent to defraud any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a [fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.
No. 5780-2
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Great Midwest Insurance Company
of Texas, organized under the laws of Texas, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, and Aircraft as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws ofthe State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as ofthe 4th day ofAugust, 2015, I have hereunto set my hand and caused my official seal to be affixed this 4th day of August, 2015.
Dave Jones
Insurance Commissioner
By
Valerie Sarfaty
for Nettie Hoge
Chief Deputy
NOTICE:
Qualification with the Secretary of State must be accomplished as required by the California Corporations Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Insurance Code section 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein.
City of Beaumont
Request for Bid
_.�. CIP PS -02 - Beaumont Police Station
WALNUT Perimeter Fencing
catvathz
DESIGNATION OF SUBCONTRACTORS
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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 excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.
Portion of the Work Subcontractor
Location of Business
%ofWork
20
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
Portion of the Work Subcontractor Location of Business
% of Work
Name of Bidder
Signature
Name and Title
Dated
21
City of Beaumont
Request for Bid
MUM 'T
catipknik
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
INFORMATION REQUIRED OF BIDDERS
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
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: EverFence Corporation
2.0 Type, if Entity:
3.0 Bidder Address:
C -Corporation
12309 Telegraph Road Santa Fe Springs, CA 90670
562-946-2872
Facsimile Number Telephone Number
4.0 License Information:
1063022 C-13
02/29/2024
License No.
1000708605
Class of License Expiration Date
DIR Registration No.
5.0 How many years has Bidder's organization been in business as a Contractor? 3 5.1 How many years has Bidder's organization been in business under its present name? 3
6.0 Under what other or former names has Bidder's organization operated? 22
City of Beaumont
Request for Bid
UM 4r FT
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
7.0 If Bidder's organization is a corporation, answer the following:
7.1 Date of Incorporation: 12/04/2019
7.2 State of Incorporation:
7.3 President's Name:
California
Matt Sivewright
7.4 Vice -President's Name(s): Matt Couper
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.
Texas, Arizona
23
City of Beaumont
Request for Bid
_.�. CIP PS -02 - Beaumont Police Station
BEAUMONT Perimeter Fencing
—cau,.Ua-
11.0 What type of work does the Bidder normally perform with its own forces? All Fence Work and Project Oversight
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:
Jim Haley- Haley Construction 714-336-4090
Tiffany Trujilo- Kasa Construction- 909-457-8260
Jerry Gomez- City of Maywood- 323-562-5755
15.0 List Bank References (Bank and Branch Address):
City National Bank, Philip Holtzendorff 500 Newport Center Drive Newport, CA 92660
24
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
16.0 Name of Bonding Company and Name and Address of Agent:
McCauley Bond Agency , Sean McCauley, Jr ,
5710 LBJ FWY suite 235 Dallas TX, 75240
25
City of Beaumont
Request for Bid
B. LIST OF CURRENT PROJECTS (Backlog)
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
[**Duplicate Page if needed for listing additional current projects.**] Project Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone
Westside Fire Station
Install iron fence and gates
8/31/2023
$131,795.00
626-786-926ger
Las Palmas Pool
Install iron fence and gates
5/30/2023
$170,656.00
Kurt Jackson
626-633-6530
City of La Palma
IIi k fenceh chain
4/15/2023
$21,355.00
+
Robert Zubiate
714-690-3327
Tustin Alley Park
Install Chain link fence and gates.
9/25/2023
$131,919.00
Mike Mansfield
858-886-6319
South Jackson Park Furnish and install chain
link and iron
5/3/2023
$69,985.00
Mark Fassel
951-239-6780
1 26
City of Beaumont
Request for Bid
—cat�nia
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
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 Period of
Bidder's Work Performance
Cost of Bidder's
Work
Contact Name
& Phone
City of Maywood
Y
Install cagehain link
batting cage
$28,275.00
Gomez
Jer9/1/2022
323 62-5755
Space X
p
Install 8' chain
link fence
11/30/2022
$132,000.00
Fire Station No. 4
Install chain link fence
2/18/2023
$17,280.00
n
951Kev-2 Coleman
951-282-5531
Lucinda Park
Install Iron Fence
12/2/2022
$31,881.00
o
Tiffany09-45 -826
909-457-8260
Schurr HS
Install Chain Link Fence
10/30/2022
$36,120.00
Jorge Robles
562-991-2110
Macy Intermediate
Install chain link fence
10/2/2022 ''
$185,745.00
Jorge Robles
562-991-2110
Montebello Park
Install Chain link fence
11/5/2023
$188,030.00
J56rge 62-9 Robles
5 991-2110
Irwindale Brew Yard
Chain link fence and gates
3/13/2023
$144,753.00
Jorge Robles
562-991-2110
27
City of Beaumont
Request for Bid
C;;I CIP PS -02 - Beaumont Police Station
q Perimeter Fencing
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:
Brian Davies Senior Project Coordinator: will run project start to finish Foreman: TBD
2. Summarize each person's specialized education:
3. List each person's years of construction experience relevant to the project:
Brian Davies: 12 years fence experience
4. Summarize such experience:
I have been in the fence industry working every position from installer to estimator/project manager Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
28
City of Beaumont
Request for Bid
Additional Bidder's Statements:
CIP PS -02 - Beaumont Police Station
.!-.21:01airr Perimeter Fencing
—cacnia,—
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder EverFence Corporation
Signature
Name and Title Brian Davies Senior Project Coordinator
Dated 03/23/2023
29
City of Beaumont
Request for Bid
CIP PS -02 - Beaumont Police Station
Perimeter Fencing
NON -COLLUSION AFFIDAVIT
CIP PS -02 BEAUMONT POLICE STATION PERIMETER FENCE
1, Brian Davies
, being first duly sworn, deposes and says that he is
of EverFence Corporation 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 EverFence Corporation
Signature
Name and Title Brian Davies Senior Project Coordinator
Dated 3/20/2023
30
BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Jeff Hart, Public Works Director
DATE May 16, 2023
SUBJECT: Drainage at Wellwood Avenue and Eleventh Street Description Development of Capital Improvement Plan project for drainage at Wellwood Avenue and Eleventh Street.
Background and Analysis:
On March 22, 2023, a resident of Beaumont visited City Hall to express concerns for a drainage issue at the northeast corner of Wellwood Avenue and Eleventh Street. City staff discussed the issue with the resident at the counter and then met the resident in the field, at the stated intersection. According to the resident, Wellwood Avenue was recently inundated with storm water which overtopped the right-of-way, flooding adjacent private properties.
During the field visit, City staff conducted a limited field survey to verify street drainage and observe gutter, driveway, and house elevation relationships. In general, Wellwood has an inverted crown and conveys runoff along the center of the road via a concrete gutter. Eleventh Street has a typical crown and conveys runoff along the curb and gutter on each side of the street. Because of the dissimilar street sections, a transition gutter was constructed to allow runoff from Wellwood to continue to Eleventh. Refer to figure 1 for photo of the intersection and figure 2 for photo of the transition gutter.
The transition gutter was designed to drain nuisance runoff and small storm events. In larger storm events runoff ponds until it can overflow onto Eleventh Street. After a larger storm event, the transition gutter is able to slowly dewater the intersection.
The properties along the west boundary of Wellwood, near the corner of Eleventh have been susceptible to this ponding. Historically, the ponding was limited to 10 -year or greater storm events. However, recent ponding has been exacerbated by the construction of rear masonry walls and the lowering of driveways for comfort which increase water intrusion and retention while decreasing the street capacity. Additionally, the house pads are at approximately the same elevation as the top of curb.
Figure 1 - Wellwood Avenue @ Eleventh Street
Figure 2 - Transition Gutter
This regional drainage issue has been identified in the Riverside County Flood Control and Water Conservation District (RCFC & WCD), Report on Master Drainage Plan for the Beaumont Area, Zone 5, dated July 1983 (MDP) as Line 8. The MDP recommends the installation of a network of underground storm drains along Twelfth Street, Wellwood Avenue, Eight Street, across 1-10 freeway, along the Union Pacific Railroad, and ultimately discharging into San Timoteo Creek. The underground storm drain network ranges in pipe sizes from 24 -inches to 66 -inches with an estimated construction cost of $6,500,000. Refer to figure 3 for the MDP Line 8 alignment and Attachment A for an MDP exhibit.
Figure 3 - MDP Line 8 Alignment
City staff contacted RCFC & WCD to discuss creating a Capital Improvement Plan (CIP) project for MDP Line 8 and funding. The District’s public hearing for new projects within Zone 5 is typically scheduled for the beginning of December. Therefore, City staff is requesting authorization from City Council to request a CIP project and funding from RCFC & WCD for the design and construction of MDP Line 8. A City of Beaumont CIP project will be proposed once RCFC & WCD allocates funds to MDP Line 8.
While in the field, City staff identified minor improvements that will slightly increase the capacity of the transition gutter. The resident was present for the survey and subsequent discussion regarding the improvement which were scheduled for May 5, 2023. Additionally, City staff informed the resident about the major improvements needed to address the concern, the associated CIP process, City Council approval, a nd the time the project would likely take.
Fiscal Impact:
The cost of preparing the staff report is estimated to be $1,000. There is no cost associated with request for a CIP project. MDP Line 8 may require City funds depending on RCFC & WCD’s funding capability. A future item will be presented to City Council to discuss the results of the RCFC & WCD request for the CIP project.
Recommended Action:
Authorize City staff to request a CIP project and funding from RCFC & WCD for the design and construction of MDP Line 8.
Attachments:
A. Beaumont Master Drainage Plan Exhibit.
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MARY
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CITY OF
HIGHLANDSPRINGS17TH STREET
CITY OF
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14TH STREET 14TH STREET
HIGHLANDSPRINGSAVENUESmithCreekHIGHLANDSPRINGSCHANNEL30 "
TEXAS
UN
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30 "
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(APPROX
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POWER TRANSMISSION
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LINE
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14TH STREET 14TH STREET
AVENUESPRINGSHIGHLANDCHERRYAVENUECHERRYAVENUESTREET
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STREET
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14TH STREET 14TH STREETDRBIRCHWOODEMILY LN
DONNA DRIVE MAPLE AVENUELARAINE
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CYRISE LANE
COURTSHERIEFUCHSIA DRIVE
MIGUELDRIVESANAVALONAVENUEMASSACHUSETTSAVENUEANTONELL COURT
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12TH STREET 12TH STREET
CALIFORNIAAVENUEPEARL STREET
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9TH STREET 9TH STREET
8TH STREET 8TH STREET AVENUECHERRYAVEILLINOISMERRY LANESTEWART PARK
CEMETERY
MOUNTAIN VIEW
HIGH SCHOOL
SAN ANDREAS
13TH STREET13THSTREET
14TH STREET
14TH STREET
MYRL
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LittleSan GorgonioCreek
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60 10
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WELLWOOD
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LINE
30"TEXAS UNDERGROUND GAS LINE
(APPROXIMATE LOCATION)
30"TEXAS UNDERGROUND GAS LINE
(APPROXIMATE LOCATION)
30"TEXAS UNDERGROUND GAS LINE 30"TEXAS UNDERGROUND GAS LINE 30"TEXAS UNDERGROUND GAS LINE
30"TEXAS UNDERGROUND GAS LINE(APPROXIMATE LOCATION)
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30"TEXAS UNDERGROUND GAS LINE
30"TEXAS UNDERGROUND GAS LINE(APPROXIMATE LOCATION)
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POWER
TRANSMISSION
PO
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TRANSMISSION LINE
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3200
3200
3 2
2 0
322032203220
3220
3220
3220
3220
3220
32203240
3240
3 2
4 03240 32403240
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3240 32403240
3 2
4 0
3260
3260
3260
3260 32603260
3260
3260
3260
3260
3280
3280
32803280 3280 32803280
3280
32 8032803280 3300
3300
3 3
0 0
33003300 33003300
3300
3300 3300
3320
33203320 3320
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332033203320
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334
0 33
40 3340
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3340
3340
3340
3340
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3360
33603360 3360
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33603360 33
60 33803380
3 3
8 0 3380338033803 3 8 0
3380 338034
0 0
3400 340034003
4 00
34003400
3400 34003
4203420
3420
34203420342034203420
3440
3440
3440344034403440
3460
3460346034603460
3480
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35 00
35003520
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8 0
0 28002820 2820
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0 2840
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2900 2900
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2 9
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60 2960
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8 0
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3000
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72 0272027402740 27402740
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0 2780
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0 2840
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0 292026802600
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2 800
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0 2520
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6 4026402640264026402640
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0 2680
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60 25002520
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2600
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2440 2440244024602460
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6 0
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2480
2480
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4 8
0 2480
24802480
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0 0
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2 50
0 2
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0 2520
2 5
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2 52
0 2520
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4 0
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25 4
0 2540
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0 2540
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0 2540
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2560
2560
2560
2560
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25602560
25602580
2580
2580
25802580258025802600
6 0
2520 252025202
5 4
0 2540
254
0 25402560 2560
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2560
2560
2580 2580258025
80258025802
5 8
0 258025802580
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26002
6 0
0 2600 2600260026002600260
0 2600
2600
2600
2600
2620
2620
2 6 2 026202620262026
2 02620262026202620262026402640
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2 6
4 0
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2620
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6 2
0 26202
6 4
0 2640
2640
2640
266026602660266026602660
2680
268
0 268026802680
2680
2680
2680 27002
7 0
0 2700
27002700270027002720
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27 20 2720
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7 4
02740
270
0 2700
2700270027002720
27 2
0 27
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20 2720
2 74
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4 0274027602760 2760
2 7
6 0
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2 7
8 0
27 80
28 00
2800
2 8
00 2820
2820
2840
2860
2700
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2 7
2 0 2720
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27 40
27 4
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7 4
0 2760
2760 2760
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780
278
02800 28002800
2800
2 8
0 0
28 2
0 2
82028202820
2820
2820
2840
2840284028
4 0
28402860
2860
2860
286028602880
28 80
28 80
2880
2900
2 9
00 2900
2920
292
0 2
9 20
2940
294029402960 296
0 2
9 8
0 2
980
30003020 3040
256025802580
25802600
2600 260026002600
2600
2 6
2 0
2620
2620
2620
2620
2640
2640
2640 2640
2660
26602660
2660
2660
2680
2680
2680
26802
700
25602560258026002
6 0
026202680
2600262026202
6 2
0 2620
2 6
2 0
2 6
2 0 2620264026402640
2640264026402660 2660
26602660
2660 26602680
26802680
2680
26 80
27 00
2600260 02620
26 2
0 2
620
2620
262026202
6 2
0 2620
262026202620
2620
2640
26402
6 4
0 2640
26402660266026
6 0
24 8
0 24802
4 8
0 2
50 0
2500
25 002500
2500
2 5
0 0
25 0
0 25
0 0
2520
25202520
2520
2 5
2 0
2520
25202520252025202520
2520
2 52
0 2540
2540
25402540 25402540
2540
2540
2540
2540
2540
25402540
254025402560 256025
6 025602560 25602560
2560
2560
2560
2560
2560
2580
2580
2580
25802580
2580
2580
2580
2 5
8 0
2580258026002600
26002600
260026002
6 0
0 2600 2
6 2
0 2620
24 00
2400
2400
2420
2420
2420
24202420
2420
24202440 24402440 24402440
244
0 2440
2440
2440
2440
2440
2460
2460
2460
2460
2460
2460
2460
2460 24602460
2460
2 4
60 2460
24602460
2460
2480
248
0 24802480248024802480248024
8 0
2480
2480
2 4
8 0
2 480
2 480
2480
2480
2480
2480
2500250025002500
2500
250025002500
2500 25002500
2500252025
2 0
2520252025
2 02520 2520
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2520
254
02540
25402540
254025402
4 2
0 244024402460
24002400
24002420
24 2
02 4202440
24 4
024602460
2480
2480
25 00
2 38
0 2400
240
0 2400
242024202420
2420
2 4
2 0
2420 24202420
2420
24202
4 4
0 2440
2440
2440
2440
24 4
0 2440
2440
2440
2 4 4 0
2440
2 44
0244024602
4 6
0 2460
2 4
6 0
2460
2460
2460
2 4 6 0
2460
2460
246024602460
246
0 246
0 24602460
246024602460 248024802480
248
0 2480
2480
2 4
8 0 24802480
248024
8 0
2 4
80 2480
2480
2480
24 8
0 248024802480
248025
0 0 25002500
25002500 25
0 0
2500
250025002500
2500
25002500
250025002
5 0
0 2500
2500
2500
2500
250025
00 2
5 0
0 2500252025
20 2
5 2
0 2
5 2
0 2520
2520
25202520252025202520 25202520
2520
2520 2520
2520
25202520 2520
2520
2540
2540
2540 254025402540
2540
25402540
2 5
4 0
25402540
2 5 40
2540
25402540 25
4 0
2560
2560
2560
2560
2560
2560
25602560
256025602560
25802580 2580
2580
2580
2580
25802580
2580
2580
2580
2600
2600
26002600
2600
26 0
0 2
6 0
0 26002620
2620
2620
2620
2620
2640
2640
264
0 26
6 0
2660268026802480250025002500
2500250025002520
2520
252
0 2520
2520
2520
252025202520
2520
2520
252025202520
2 5
4 025
4 02540
25 4
0 25
40 2540
2540
2540
2540
25 4
0 25402540
254025402540
25 40
2 5
4 0
2540
2540
2540
2 5
4 0
2560
2 5
6 0
2560
2560
25602560
25 6
02560256025602560
256
0 2
5 6
0 25
6 0
2560
2560
2560
256025802580
2580
2 5
8 0
25802
5 8
0 2580
258025
80 2580
2 6
0 0
2600
26 0
0 2620
2620
2640
266025602560
2560
2560
256025602560258025802580
2 5
8 0
25802
5 8
025802
5 8
0 2580258025
80 2580
2600
2600
260026002600
2600
2600
2600
2600
26002600
2600
2600
2 6
0 0
2 600
26 0
0 2600
26002600
2 6
0 0
26002600 2600
2600
26202
6 2
0 26
20 2620262026202540
2540
25 40 25602
5 6
0 2560
2560 25602560
25 60
2 5
6 0 25602560
256
0 256
0 2580
2580
2580
2580
25802580
2 5
8 0
2580
2 5
8 0
2580
2600
2600 2600260026
00 2600
2600
2600
2620
25202520
2 5
4 0
2 5
4 0
2540
2540
2540
2 54025602560
2 5
6 0
2560
2560
2560
2560
2560
2 5
6 0
2 56
0258025802580
2580
2520252025402540 254025
4 02540
2 5
6 0
2 5
60 25602580
2580
2600
2600
2620
2640
25602
5 6
0 2
5 8
0 2
5 8
0 258025802580 2580
26 0
0 26002600
2600
2600
260026002600
26002620
2620
2620
26202
6 2
02620
2620
2620
2620
2620
2640
2640
2640
2 6
4 0
2640 264026402640264026402
6 60
26 602
6 60 26602
660
2660
2660
2 6
8 0
2680
26802680
270027002
7 2
0 24602480248024802480248025002500
25 0
0 25002500
250025202520252025202520
2520
2 5
2 0
252025202540
25 4
0 2540
2540
2540
2 5
4 0
2540
2540
25402540
25402540
2540
2560256025602 5 6 02560
2560256
0 2560
256
0 2560
2560
25 6
0 2560256
0 2580
2580
2580 25802
5 8
0 258025802580258025802580
2580
25802580
2580
2 5
8 0
2580
2 5
8 0
2600
2600
26002600
2600
26 0
0 260026002600
260
02600
2 60
0 2600
2600
2600
260026
0 0
2600
26 2
0 26202
6 2
0 26202620
2620262026
20 2
62 0
2620
2 6
2 0
262026202
6 2
0 2620
2620
26 2
0 2620
2620
262
0 2
6 2
0264026402640
2640
2640 264026402
6 4
0 2640
2640
2 6
4 0
2640
26402640
2640
26402640
26402
6 4
02660 26602660
266026602660
2660
2660
2660
26 60
2660
26602660
2660266026 602 6 6 026602680
26802
6 80
26802680 26802680
2680
26 80
2680
2680
2680
2680
268026802680 2680
2700
270027002700 27002700
2700
2700 270027002
7 0
0 2700
2700 27002720
2720
2720
27202720272027202720
272
0 2
7 2
027 2027402740
2740
2740
2740 27402740
27402760
2760
27602760276027
6 0
276027802
7 8
0 2780
2780
2780278
0 27
8 0
2800
28002800
2800
2 8
0 0
28202820284022002200 22202220224022402240
2240
2240
2260
2260
2260
2 2
6 0
2260
2 2
60 2260228022802280 22802280
228022802280
2 2
8 0
22 8
0 2300
2300
2300
23002300
230023002300 2300230023002300
2320
232
0 2320
2320
2320
2320
232023202320
2320
2320
2320
2320 23402340
2340
2 3 4 0
2340
2 34023402340
2340
2340 23402340
23402360 2
3 60
23602360
2360
2360
2360
23602360
2360
2360
2360
2 3
6 0
2360
2 380
2380
2380
2380
2380
238
0 23 8 0
2380
2380
2380
23 8
0238023802380
2380
2400
2 4
0 0
2 4
0 0 240024
0024002400
2400
24 0
0 240024
0 0
2400
2400
24002420 2420 2420
24 2
0 2420
2420
2420
242024202420242024
2 0
2420242024202440 2440244024402
4 4
0 244024402440
2440
2440
2440
2440
2440
24402440
2460
2460246024602
46 0
246024602460
2460
2 4
6 02460246024602480
2480
2480 2480248
0 2
480
2480
2 4
8 0
248
0 2480
250025002500
2500
2500
2500
250025002500252
0 25
20 25202520
2520
2520
2520
25 20
2520 252025402540
2540
2540
2540
2540
2540
25402540254 0
254025402540
2560 2 5 6 0
2 5
6 0
2 5
6 0
2560
2560
256025602
5 6
0 2560
2 5
6 0
2 5
6 0
25602580
2 5
8 02580
25802580
25802580
2580
2580
2580
2580
2 580 258026002600
2 6
0 0
26002600
2600
26002600 26002600
26002620
262026202620262026202620
2 6
2 0
2620
2 6
2 0 26202 6 4 0
2640
26402640
2 6
40 2640
2640 2640264026
4 0
2660
2660
26602660266026602660 26602680
268
0 268
0 2
6 8
0 2
680
2680
2680
26802680
2700
2700
2 70
0 270
0 2
7 0
0 2700
27002700
2700
27202720
2720
27202
7 2
0 2720
27402740 2740
276
0 27602780 27
8 0
2 8
0 02 8 2 0
PLAN
D R A INAG E
M A STER
400 800 12000-400-800-1200
S C A LE 1"=800'
W ATER C O N SER VATION D ISTR IC T
AND
R IVER SID E C O UN TY FLOOD C ON TR O L
DRAINAG E BOUNDARY
EXISTING FACILITY
PRO PO SED O PEN CHANNEL
PRO PO SED STO RM DRAIN
10 YEAR FLO W IN CFS
100 YEAR FLO W IN CFS
LEG END
JULY 1983
B EAU M ON T
O RCHARD ST
CHERRY VALLEY BLVD
SU BJEC T TO R EV ISION
PR ELIM INA R YHIGHLAND SPRINGS AVEBROOKSIDE AVE
VINELAND AVE
NANCY AVE14th STREET
16th ST
12th ST
13th ST
11th ST
10th ST
9th ST
8th ST
7th ST
6th ST
5th ST
4th ST
3rd ST
1st ST1st ST
CALIFORNIA AVEBEAUMONT AVEBEAUMONT AVEWELLWOOD AVEELM AVEPALM AVEPENNSYLVANIA AVECHESTNUT AVEORANGE AVEEUCLID AVEEDGAR AVECALIFORNIA AVEFLORENCE AVE
BROOKSIDE AVE
LINCO LN ST
G RAND AVE
(FIA M APPING )
100 YEAR FLOOD PLAIN LIM ITS
CITY LIM ITS BOUNDARYNOBLE CREEKMARSHAL CREEK
BEAUMONT CITY LIMITSBANNING CITY LIMITSBEAUM ONT CITY LIM ITS
CO UNTY O F RIVERSIDE
BEAUM ONT CITY LIM ITS
COUNTY O F RIVERSIDE
LITTLE SAN GORGONIOCREEKNOBLE CREEK
CHERRY AVECHERRY AVEINTERSTATE 10
NO TES
CREATED O CT. 2014
1. DIG ITAL EXHIBIT M AP
CREATED IN 2013
2. SATELLITE IM AG ERY HIGHLAND SPRINGS AVEI
NTE
RST
ATE 10
HIGHW AY 60
LIM IT O F STUDY
LIM IT O F STUDY
LIM IT O F STUDYUNION STHANNON RDUPRR
INTERST
ATE 10DESERT L
A
WN
DR
SAN TIM OTEO CANYON RD
SAN TIM OTEO CREEK
NOBLE CREEK
M ARSH AL CREEK
UPRR
UPRRQ =100
Q =10 HIGHLAND SPRINGS CHANNELQ =70
33"
Q =70
30"
Q =55
30"
Q =50
30"
Q =80
33"
Q =80
36"
Q =95
45"
Q =90
39"
Q =80
36"
Q =70
36"
Q =60
33"
Q=60
33"
Q =30
24"
Q =45
33"
Q =55
51"
Q =85
48"
Q =60
60"
Q =95
48"
Q =65
60"
Q =85
60"
Q =65
33"
Q =85
39"
Q =90
42"
Q =85
39"
Q =60
39"
Q =65
33"
Q =50
36"
Q =85
54"
Q =40
39"
Q =75
36"
Q =60
33"(SEE BANNING MDP)LINE 1LINE 2LINE 3
LINE 4
LINE 5
LINE 6LINE 7LINE 8LINE 9LINE 10LINE 11LINE 12
LINE 13
LINE 14
LINE 15
LINE 16
LINE 17
LINE 2A
LINE 2BLINE 8A
LI
NE 8BLINE 8C
LINE 10A
LINE 11A
LINE 11BLINE 14AO RCHARD ST. CHANNEL
RETENTION BASIN
W INESAP
RETENTION BASIN
STEW ART PARK
RETENTIO N BASIN
M OUNTAIN VIEW
CREEK CHANNELLITTLE SAN GORGONIOCHANNELCREEK
MARSHAL
CHERRY AVE.RCFC O W NED ACREAG E = 19.3 Ac.
ACREAG E REQUIREM ENT = 23.9 Ac.
DEBRIS STO RAG E VO L.= 206 Ac. Ft.
CREEK DEBRIS BASIN
LITTLE SAN GO RG O NIO
ACREAG E REQUIREM ENT = 5.0 Ac.
TO TAL STO RAG E VO L. = 55.4 Ac. Ft.
100 YR M AX W ATER SURFACE EL. 2914.8
100 YR PEAK OUTFLO W = 270 cfs
100 YR PEAK INFLO W = 1330 cfs
DIKES
CO LLECTO R
DIKES
CO LLECTO R
Q=1330d=7'b=6'Q=270b=2' d=4'DRAIN
O RCHARD ST.
Q =790
72"
Q =890
81"
Q =890
78"
Q =7835
b=14' d=10.5'Q=7835b=14' d=9'Q =6555
ss=VARIES
d=VARIES
b=VARIES
Q=6555b=10' d=9.5'Q=755b=5' d=4.5'Q =1105
87"
Q =200
48"
Q =320
54"
Q =320
60"
Q =425
63"
Q =440
60"
Q =465
66"
Q =13530
b=24' d=9'
Q =1505
d=VARIES
b=VARIES
Q =1405
99"
Q =1560
b=8' d=6'
Q=2160ss=VERTb=12' d=8
Q=2160b=8' d=6.5
Q =2160
b=8' d=7'
Q =105
39"
Q =105
36"Q=10539"Q=2160b=8' d=7.5'Q=1 235
b =20' d =4 .5 ' ss=VERTQ =1235
78"
Q =1235
84"
Q =1235
87"
Q =1350
96"
Q =1505
b=8' d=6'Q=2580b=8' d=7.5'Q =100
33"
Q =2780b=10' d=7.5'Q=2780b=10' d=7'Q =175
42"
Q =140
42"
Q =105
42"
Q =130
45"
Q =195
51"
Q =215
54"
Q =240
57"
Q =260
60"Q=47
5 b=7' d=5'Q=47
5 b
=5' d
=5'
Q =105
36"
Q =160
42"
Q =160
45"
Q =215
48"
Q =235
51"
Q =260
51"
Q =290
57"
Q =415
66"
Q =420
66"
Q =120
60"
Q =255
b=3' d=4.5'
Q =255
b=3' d=4'
Q =100
60"
Q=55
36" C
MP
Q =50
33"
Q =55
33"48"Q=135Q=21548"Q=22557"48"Q=16048"Q =185
Q=30066"UNLI
NEDss
=3:1d=VARI
ESb=2'Q=3
5 3
3 "
ACREAG E REQUIREM ENT = 4.1 Ac.
TO TAL STO RAG E VO L. = 9.2 Ac. Ft.
10 YR M AX W ATER SURFACE EL. 2612.9
10 YR PEAK OUTFLO W = 13 cfs
10 YR PEAK INFLO W = 226 cfs
Q =100
39"
Q =105
45"
Q =190
69"
Q =205
69"
Q =105
60"
Q =330
69"UNLINEDss=3:1d=VARIESb=20'Q =1655
b=9' d=4.5'
Q=690
b=4' d=5.5'Q =690
b=5' d=6'
Q =660
b=6' d=6'
Q =115
39"
Q =125
51"
Q=20527"
Q=20548"
Q =505
ss=vert.
b=12' d=5'
Q =180
57"
Q =130
51"
Q =395
b=5' d=4.5'
ACREAG E REQUIREM ENT = 9.25 Ac.
TO TAL STO RAG E VO L. =93.7 Ac. Ft.
100 YR M AX W ATER SURFACE EL. 2673.9
100 YR PEAK OUTFLO W = 255 cfs
100 YR PEAK INFLO W = 1300 cfs
CM P60"8thSTREETCHANNELQ =65
36"NOBLECREEKCHANNEL CHANNEL VIEW MOUNTAINRCP2-30"RCP2-24"RCP18"RCP30"DBL. 6'x3' RCB RCP
(19) 36"(2) 2'x1' RCBRCP48"CMP36"CMP18"RCP48"RCP24"(2)24" CMP36" RCP42" RCPPROTECTI ONSLOPEPage 651 of 1311
Staff Report
TO: City Council
FROM: Sara Retmier, Chief Building Official
DATE May 16, 2023
SUBJECT: Award of Contracts for On-Call Building and Safety Plan Check Services
Description Selection of four (4) firms to provide on-call building and safety plan check services to meet current needs and further enhance the level of customer service.
Background and Analysis:
Permit processing, building inspection, and building plan check is an important aspect in building and maintaining structures in the City of Beaumont. To assist the City in meeting these needs, staff prepared a request for proposal (RFP) for building and safety on-call plan check services. Highlights of the requested scope entailed the following:
Off and on-site building plan check services
Building and safety inspection services
Staff augmentation
The RFP was advertised on February 23, 2023, in accordance with Beaumont Municipal Code Section 3.02.040, and 11 proposals were received on March 23, 2023. Each firm was evaluated by a 3-person panel based on the following criteria:
Understanding Scope of Services (15%)
Demonstrated Professional Skills and Credentials (15%) Related Experience (20%)
Approach to Performing Services (15%)
Familiarity with City, County and State Procedures (15%) Quality of Proposal (15%)
Cost of Services (5%)
Based on evaluation and scoring, interviews were conducted with the top four (4) candidates. The top candidates and staff’s recommendation were then presented to the RFP sub-committee, whom concurred with staff’s recommendation. Staff is