Agenda packet — Beaumont City Council, July 16, 2024 (part 2 of 9)

First American
} . , 440
Commitment No. NCS-1204620-ONT1

EXHIBIT A
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)
The Land referred to herein below is situated in the City of , County of Riverside, State of California, and is described as follows:

LOT A OF TRACT NO. 24039-3, IN THE CITY OF BEAUMONT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 302, PAGE(S) 88 THROUGH 92, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT ONE-HALF OF ALL OIL RIGHTS AS RESERVED BY CARL F. MELLOR, A MARRIED MAN, IN DEED RECORDED SEPTEMBER 24, 1946 AS INSTRUMENT NO. 4226 IN BOOK 778, PAGE 342 OF RIVERSIDE COUNTY, CALIFORNIA.

For conveyancing purposes only: APN 414-130-036
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule 8, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 9 of 14

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5 ~ - +
} , 440
First American
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)

ALTA COMMITMENT FOR TITLE INSURANCE
issued by

FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.

THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE

PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY

SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR

THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.

THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED

INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.

COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured.

If all of the Schedule B, Part I —Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end.

FIRST AMERICAN TITLE INSURANCE COMPANY
By:

Kenneth a, DeGiorgio, President
By•
Lisa W. Cornehl, Secretary
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule 8, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22)

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4. 2.;1111V14.-‘4). ._„> 41" ~
First American

COMMITMENT CONDITIONS
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)

1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class.
b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
c. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.

2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end.

This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I —Requirements; and Schedule 8, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 11 of 14

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4. ::11.°11V‘-‘4).-}.._„> -6e" ~
First American
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)

3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I —Requirements; and
f. Schedule B, Part II —Exceptions; and
g. a counter -signature by the Company or its issuing agent that may be in electronic form.

4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5.

The Company is not liable for any other amendment to this Commitment.

5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I —Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I —Requirements have been met to the satisfaction of the Company. g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.

This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 5, Part I —Requirements; and Schedule 5, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 12 of 14

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112*--_,_
First American
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)

6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND

CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.

7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose.

8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.

9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.

10. CLASS ACTION

ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT,

INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS

COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR

DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS

PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 13 of 14

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4. ::11.°11V‘-‘4). ._„> -6e" ~
First American
Commitment for Title Insurance
California - 2021 v. 01.00 (07-01-2021)

11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration .

The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.

Reprinted under license from the American Land Title Association.

Form 50187306 (10-11-22) Page 14 of 14

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State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Beaumont
THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

The General and Special Provisions attached are made a part of and incorporated into the Contract.

City of Beaumont
By
Grantee
(Signature of Authorized Representative)
Title City Mapagai 1(' Can(_ i (e_ "C
Date Jr q la a Date

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By

CERTIFICATION OF FUNDING
"For State Use Only)

CONTRACT NO
C9801485

AMENDMENT NO
FISCAL SUPPLIER I.D.
0000012480

AMOUNT ENCUMBERED BY THIS DOCUMENT
$177,952.00
FUND.

Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
PROJECT NO.
18-33-046

PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER
CONTRACT 3790-101-6088 29

STATUTE FISCAL YEAR
18 2021/22

TOTAL AMOUNT ENCUMBERED TO DATE
$ $177,952.00
Reporting Structured. [Account/Alt Account.
37900091 5432000-5432000000

ACTIVITY CODE
69801

PROJECT / WORK PHASE

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I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Beaumont (hereinafter referred to as "GRANTEE").

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed 5177.952 , subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number — 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 01. 2018 to June 30. 2024

11. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.

4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1

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PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section 1 of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 2

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grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non -completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4 Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
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If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 4

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termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.
5

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5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro -rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
6

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Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

City of Beaumont
GRANTE
By: //
Signs-ure dthorized Representative
GI
Title: Fin co c -e I rui "r -
Date: 5 /9/0?

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By:

Date:
7

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State of California — Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

AMENDMENT TO CONTRACT
Contract No. C9801485 Amendment No. 1
THIS AMENDMENT is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the City of Beaumont
The State and, City of Beaumont in mutual consideration of the promises made herein and in the contract in which this is an amendment, do promise as follows:

The appropriation liquidation date has been extended to June 30, 2028.

Special Provisions language regarding Executive Order N-6-22 has been added.

In all other respects, the contract of which this is an amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below.

Applicant: City of Beaumont
By
Title City Manager
Applicant's Authorized Representative as shown in Resolution Date
;3I�lIJ�

STATE DEPARTMENT OF PARKS AND RECREATION
By
Date

CERTIFICATION OF FUNDING
(FOR STATE USE ONLY)

CONTRACT NO
C9801485

AMENDMENT NO
1 FISCAL SUPPLIER I.D.
0000012480

AMOUNT ENCUMBERED BY THIS

DOCUMENT

PROJECT NO
18-33-046
FUND
Drought, Water, CIn Air, Cstl Protc, Outdoor Fund

PRIOR AMOUNT ENCUMBERED BY THIS

CONTRACT
ITEM
3790-101-6088

CHAPTER
29 STATUTE
18 FISCAL YEAR
2023/24

TOTAL AMOUNT ENCUMBERED TO DATE
$177,952
Reporting Structured
37900091
Account/Alt Account
5432000-
5432000000

ACTIVITY CODE
69801

PROJECT/WORK
PHASE

Page 132 of 1230 ends

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $177.952 , subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number — 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 01, 2018 to June 30. 2028 II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.

4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.
7 The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1

Page 133 of 1230 ends

PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section 1 of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds may be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and 2

Page 134 of 1230 ends

any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non -completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

F. Budget Contingency Clause
3

Page 135 of 1230 ends

G. Hold Harmless

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees. 4 The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

H. Financial Records
1 The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 4

Page 136 of 1230 ends

termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

Page 137 of 1230 ends

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination
1 The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

M. Assignability
6

Page 138 of 1230 ends

Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee).

Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State. 7

Page 139 of 1230 ends

SIGNATURES
City of Beaumont
GRANTEE �,,n
By: , I y t
Signature .Authorized
g Representative
Title: CAI Mc�
Date: ))

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By:

Date:
8

Page 140 of 1230 ends

BAUME ONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE July 16, 2024
SUBJECT: Declaration of Surplus Property
Description Approve the disposal and/or auction of surplus property.

Background and Analysis:

The Beaumont Municipal Code Chapter 3.03.010 specifically states, in part, that the duties of staff include the disposition of personal property in any lawful manner provided that the disposition is for the common benefit of the City's residents and that a formal declaration shall not be required.

Attached is a current list of equipment and items that have exhausted their lifespan and usefulness.

Disposal of surplus property will be made in the most economical and practical manner available, including, if required, the use of appropriate hazardous waste handlers.

Seven (7) buses on this list will be replaced pending delivery of new buses that have been ordered. Buses will be sent to auction once new buses have been received and old buses are decommissioned.

Fiscal Impact:

Funds received from auction of equipment and/or items will be deposited into their respective funds.

The estimated cost to prepare this report is $150.

Recommended Action:

Approve disposal and/or auction of identified City surplus property.

Page 141 of 1230 ends

Attachments:

A. Surplus Report

Page 142 of 1230 ends

BEAUMONT
_CALIFORNIA_
Property Surplus Report
Vehicle Surplus
Department VIN Unit no. License Plate Make Model Year
Transit
1GDE5V1G99F409121 2823 1309067 Chevrolet C5500 2009
Transit
1FDFE4FS2ADB01817 2826 1291487 Ford E450 2010
Transit
1GBE5V1GX9F413252
1GBE5V1G89F413279 2828 1363463 Chevrolet C5500 2010 I
1GBE5B1G39F413299 2829
1FDAF5GYXCEA17712 2830 1396066 Ford F550 2012 I
1FDAF5GY10EA17713 2831 1396065 Ford F550 2012
1FDAF5GYXCEA33733 2832 1396064 Ford F550 2012 I
1FDAF5GY8CEA42480 2833 1396063 Ford F550 2012
2827
1369633
Chevrolet C5500
2009
Transit
Transit
1366201 Chevrolet C5500 2012
Transit
Transit
Transit
Transit
PD
1FM5K8AR3HGA36176 Z-7 1500322 Ford Explorer 2017 I
1FM5K8AR4HGD92491 Z-8 1535379 Ford Explorer 2017
PD
PD
3FA6POLU2ER338971 14-02 7CUH986 Ford Fusion 2014 I
PD
1FMZU73E15ZA76028 2611 1202531 Ford Explorer 2005
1FM5K8AT2JGA44108 18-01 HWW853 Ford Explorer 2017 I
1FM5K8AR8DGC06994 Z-22 1326096 Ford Explorer 2013
1FM5K8AB1LGC51194 Z-12 1592190 Ford Explorer 2020 I
1FM5K8AB3LGC51195 Z-15 1592189 Ford Explorer 2020
PD
PD
PD
PD
i
Equipment Surplus
Department
Equipment
Description
Public Works
1998 Standard Pacific Trailer
Model 220, Serial No. 5-14775
I
I
I
I
I

Page 143 of 1230 ends

BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Kari Mendoza, Administrative Services Director
DATE July 16, 2024
SUBJECT: Adopt Resolution of the City Council Ordering the Collection of Weed Abatement Charges and Directing the County Auditor to Collect Such Fees on the Tax Rolls
Description Approval of resolution to direct the County Auditor to collect weed abatement charges on the tax rolls.

Background and Analysis:

Annually, the City of Beaumont conducts weed abatement for vacant parcels throughout the City in accordance with Beaumont Municipal Code Chapter 8.08. This section of the code requires property owners to maintain their properties free of weeds, dry grass, dead trees, or any other growing material that creates a fire hazard.

Notices to abate were sent to vacant property owners in April of 2024, requiring them to remove weeds and dead vegetation and to maintain fire breaks in accordance with Section 8.08.015 of the code. Property owners are encouraged to participate in the city's subscription program, which assigns a city approved contractor to their property to complete the weed abatement and the property owner is then assessed the cost of the abatement on their annual property taxes.

Property owners that do not complete their weed abatement as required are summarily abated as provided for section 8.08.026 of the code and the costs for the abatement are reported to City Council for a resolution ordering the collection of weed abatement charges through assessments on the Riverside County Auditor tax rolls.

For consideration is a resolution of City Council, ordering the collection of weed abatement charges and directing the County Auditor to collect such fees on the tax rolls, with a report of costs for weed abatement as completed by the City of Beaumont contractors, listed by parcel.

Page 144 of 1230 ends

Fiscal Impact:

Approval of the resolution and collection of weed abatement charges on the Riverside County Auditor tax rolls will allow for the cost recovery by the City of Beaumont in the amount of $79,458. City staff estimate the cost to prepare this report was $390.

Recommended Action:

Waive the full reading and adopt by title only "A Resolution of the City Council of the City of Beaumont, California, Ordering the Collection of Weed Abatement Charges and Directing the County Auditor to Collect Such Fees on the Tax Rolls." Attachments:

A. Resolution
B. Report of Weed Abatement as completed by the City of Beaumont, listed by parcel.

Page 145 of 1230 ends

Resolution 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BEAUMONT, CALIFORNIA, ORDERING THE COLLECTION OF

WEED ABATEMENT CHARGES AND DIRECTING THE COUNTY

AUDITOR TO COLLECT SUCH FEES ON THE TAX ROLLS
WHEREAS, the City has incurred costs of abating weeds on private property; and
WHEREAS, weed abatement is a requirement based on Public Health and Safety; and
WHEREAS, property owners were notified by mail to abate or have the City abate weeds; and
WHEREAS, said property owners failed to abate such conditions; and WHEREAS, said analysis concluded with a recommendation to the City Council that, in the best interest of the citizens and the City of Beaumont, the collection of weed abatement service charges be a part of the tax assessments; and WHEREAS, such tax assessments constitute a lien assessed against the property and shall be collected in accordance with Article 4, Chapter 6, Part 3 of the Health and Safety Code of the State of California, collected on the tax roll in the same manner, by the same person, and at the same time, and together with, and not separate from, its general taxes.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Beaumont as follows:

Section 1: That the City Council does hereby confirm the written report made by the Community Enhancement Division of the City of Beaumont, of delinquent weed abatement service charges itemized for each separate parcel land.

Section 2: That the City Council hereby confirm the report, made by the Community Enhancement Division of the City of Beaumont, of weed abatement subscription service charges itemized for each separate parcel of land.

Section 3: That charges are in compliance with all laws pertaining to the levy of this assessment as cited in Section 4 of this Resolution, and is levied without regard to property valuation, and

Page 146 of 1230 ends

Section 4: That the cost of weed abatement service of each parcel of land shall constitute an assessment against that parcel and shall be a lien on such parcel of land in accordance with the provisions of the Government Code of the State of California and the Health and Safety Code of the State of California.

Section 5: That an itemized written report for each separate parcel of land which is included by reference and is made part thereof as though fully set forth herein. That certified copies of this Resolution shall be delivered to the Riverside County Auditor - Controller by August 10th of such fiscal year and shall be made part of the tax assessments and be made a part of the tax roll all in accordance with section 51520 of the Government Code of the State of California, and other provisions of the law applicable thereto.

MOVED, PASSED, and ADOPTED this 16th day of July, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT
ATTEST:

Mayor
City Clerk

Page 147 of 1230 ends

APN #
Entry $
Amount
419-232-020
$
4,365.00
418-123-007
$
492.00
418-123-008
$
785.00
418-123-011
$
395.00
418-123-012
$
395.00
419-222-012
$
980.00
419-250-006
$
590.00
414-120-038
$
1,910.00
414-120-039
$
1,025.00
414-120-040
$
800.00
414-120-041
$
1,040.00
415-031-002
$
715.00
415-031-032
$
715.00
415-031-034
$
715.00
415-100-053
$
470.00
418-123-003
$
612.00
418-123-005
$
882.00
414-120-035
$
6,275.00
414-120-034
$
1,625.00
414-120-033
$
1,040.00
414-120-031
$
275.00
414-120-029
$
200.00
414-120-027
$
1,880.00
414-120-026
$
1,880.00
414-120-009
$
1,340.00
414-090-026
$
665.00
414-090-025
$
1,160.00
414-090-024
$
440.00
415-031-033
$
715.00
428-030-008
$
3,890.00
415-091-010
$
445.00
415-091-012
$
445.00
417-150-021
$
589.00
417-150-022
$
589.00
418-113-008
$
445.00
418-310-007
$
1,337.00
418-310-008
$
1,120.00
418-320-007
$
1,195.00
418-320-008
$
1,120.00
418-320-011
$
782.00
418-320-012
$
445.00
419-232-039
$
445.00
428-120-064
$
617.00
403-200-010
$
458.00
404-140-007
$
2,073.00
408-080-004
$
928.00
414-020-011
$
1,428.00
414-130-014
$
1,113.00
414-142-038
$
1,308.00
415-092-014
$
328.00
415-122-019
$
263.00

Page 148 of 1230 ends

415-261-014
$
413.00
415-282-022
$
393.00
415-301-030
$
393.00
417-150-016
$
263.00
417-220-041
$
578.00
418-043-002
$
328.00
418-121-003
$
393.00
418-140-019
$
263.00
418-140-020
$
263.00
418-190-008
$
263.00
418-230-003
$
818.00
418-240-009
$
1,093.00
418-250-001
$
438.00
418-250-006
$
568.00
418-250-007
$
698.00
418-250-008
$
633.00
418-260-013
$
873.00
418-270-043
$
328.00
418-270-044
$
328.00
418-290-016
$
263.00
418-290-022
$
263.00
418-300-002
$
568.00
419-170-031
$
808.00
419-170-034
$
328.00
419-170-035
$
328.00
419-222-020
$
448.00
419-222-021
$
328.00
404-140-002
$
1,033.00
404-140-003
$
693.00
404-190-002
$
1,228.00
404-190-007
$
1,273.00
415-200-022
$
748.00
415-200-029
$
748.00
415-200-031
$
628.00
415-241-006
$
313.00
418-260-014
$
858.00
418-330-017
$
433.00
428-461-024
$

32.00 428-461-007
$

32.00 428-461-008
$

32.00 428-461-009
$

32.00 428-461-010
$

32.00 428-461-011
$

32.00 428-461-012
$

32.00 428-461-013
$

32.00 428-461-014
$

32.00 428-461-015
$

32.00 428-461-016
$

32.00 428-461-017
$

32.00 428-461-018
$

32.00 428-461-019
$

32.00 428-461-020
$

32.00 428-461-021
$

32.00

Page 149 of 1230 ends

428-461-022
$

32.00 428-461-023
$

32.00 428-461-001
$

32.00 428-461-002
$

32.00 428-461-003
$

32.00 428-461-004
$

32.00 428-461-005
$

32.00 428-461-006
$

32.00 428-462-001
$

32.00 428-462-002
$

32.00 428-462-003
$

32.00 428-462-004
$

32.00 428-462-005
$

32.00 428-462-006
$

32.00 428-462-007
$

32.00 428-462-008
$

32.00 428-462-009
$

32.00 428-462-010
$

32.00 428-462-011
$

32.00 428-462-012
$

32.00 428-462-013
$

32.00 428-462-014
$

32.00 428-462-015
$

32.00 428-462-016
$

32.00 428-462-017
$

32.00 428-462-018
$

32.00 428-462-019
$

32.00 428-462-020
$

32.00 428-462-021
$

32.00 428-462-022
$

32.00 428-462-023
$

32.00 428-462-024
$

32.00 428-462-025
$

32.00 428-462-026
$

32.00 428-462-027
$

32.00 428-462-028
$

32.00 428-462-029
$

32.00 428-472-001
$

32.00 428-472-002
$

32.00 428-472-003
$

32.00 428-472-004
$

32.00 428-472-005
$

32.00 428-472-006
$

32.00 428-472-007
$

32.00 428-472-008
$

31.00 428-472-009
$

31.00 428-472-010
$

31.00 428-472-011
$

31.00 428-472-012
$

31.00 428-472-013
$

31.00 428-472-014
$

31.00 428-472-015
$

31.00 428-472-016
$

31.00

Page 150 of 1230 ends

428-472-017
$

31.00 428-472-018
$

31.00 428-472-019
$

31.00 428-471-001
$

31.00 428-471-002
$

31.00 428-471-003
$

31.00 428-471-004
$

31.00 428-471-005
$

31.00 428-471-006
$

31.00 428-471-007
$

31.00 428-471-008
$

31.00 428-471-009
$

31.00 428-471-010
$

31.00 428-471-011
$

31.00 428-471-012
$

31.00 428-471-013
$

31.00 428-471-014
$

31.00 428-471-015
$

31.00 428-471-016
$

31.00 428-471-017
$

31.00 428-471-018
$

31.00 428-460-001
$

31.00 428-460-002
$

31.00 428-460-003
$

31.00 428-460-004
$

31.00 428-470-001
$

31.00 428-470-002
$

31.00 428-470-003
$

31.00 428-470-004
$

31.00 79,458.00

Page 151 of 1230 ends

BEAUMONT
-C A L I F O R N I A -
Staff Report
TO: City Council
FROM: Robert L. Vestal, Public Works Director
DATE July 16, 2024
SUBJECT: Fire Station No. 106- Construction Contingency Ratification Description Ratify the City Manager's authority to approve contract change orders for the construction of Fire Station No. 106
Background and Analysis:

On August 2, 2022, City Council awarded a Public Works Agreement to Kemcorp Construction, Inc. to construct Fire Station No. 106 for an original contract amount of $7,475,000. Included in this action, the City Council also authorized the City Manager to approve change orders and unforeseeable project costs up to the project contingency of $638,500.

On October 17, 2023, the City Council approved a CIP amendment that increased the Westside Fire Station No. 106 budget by $300,000 with the intended use as additional contingency.

Although the staff report and presentation stated the intended use as additional contingency, the staff report and subsequent City Council action did not authorize the City Manager to approve change orders exceeding the original contingency amount of $638,500. City staff authorized the contractor to perform work in excess of the original contract and contingency amount consequent to the October 17, 2023, meeting.

Therefore, City staff is proposing ratifying City Manager's original approval authority authorized on August 2, 2022, to the increased amount of $938,500.

Fiscal Impact:

The cost to prepare this staff report is estimated to be $350.

Page 152 of 1230 ends

The contingency was previously approved as part of the Fire Station No. 106 CIP budget amendment. Please refer to the following summary table project accounting summary.

CIP2017-028 Fire Station No. 106 Project Accounting Summary Funding Summary
Funding Year
Funding Source
Amount
FY17/18
DIF
$1,000,000
FY18/19
DIF
$3,100,000
FY20/21
Bond Proceeds
$3,984,954
FY20/21
General Fund Reserves
$565,045
FY 23/24
Fire Protection Impact DIF
$300,000
Total Project Funding = $8,949,999
Budget Summary
Project Component
Budget
Encumbered
Paid to Date
Remaining
Budget
Project Management
$2,500
($2,401)
($2,401)
$99
Preliminary Services
$7,500
($7,500)
($7,500)
$0
Environmental
$128,500
($128,101)
($127,077)
$399
Design
$270,200
($270,101)
($247,543)
$99
Construction
$8,413,500
($8,365,488)
($8,152,383)
$48,012
Construction
Management
$60,000
($65,618)
($69,49/)
($5,618)
Permits
$67,699
($108,656)
($108,656)
($40,957)
Equipment
$100
($37)
$0
$63
Project Summary
Totals
$8,949,999
($8,947,901)
($8,715,051)
$2,098
Recommended Action:

Ratify the City Manager's authority to approve contract change orders for the construction of Fire Station No. 106 up to an amount not to exceed $938,500.

Attachments:

A. Staff Report — Public Works Agreement and Contingency B. Staff Report — Budget Adjustment and Additional Contingency

Page 153 of 1230 ends

Item 17.

BEAUMONTA -C A L I F O R N I
Staff Report
TO: City Council
FROM: Jeff Hart, Public Works Director
DATE August 2, 2022
SUBJECT: Award a Public Works Agreement to Kemcorp Construction Inc. for Construction of Westside Fire Station CIP 2018-028
Background and Analysis:

On January 19, 2022, CIP 2017-028 Westside Fire Station (Project) was publicly advertised soliciting construction bids. On March 11, 2022, ten (10) bids were received and publicly opened. A bid protest was received on April 24, 2022; subsequently, the two lowest bidders were deemed non -responsive, and on June 21, 2022, City Council rejected all bids and authorized staff to readvertise for construction bid.

Pursuant to City Council's direction, the Project was readvertised on June 22, 2022. On July 18, 2022, seven (7) bids were received and publicly opened. The following is a summary of the received bids:

1. Kemcorp Construction Inc. (Kemcorp)

2. AMG

3. Archico

4. Robert Clapper Construction

5. Dalke & Sons

6. Horizons Construction

7. Newman Midland
$7,475,000
$7,565,000
$7,780,000
$7,791,000
$7,964,890
$8,081,747
$10,612,198
Kemcorp was the apparent low bidder. The City received two bid protests, and in coordination with the City Attorney's Office reviewed the protest. It was determined that Kemcorp's bid substantially conforms to a call for bids and may be accepted as the variance does not appear to have affected the amount of the bid, or given the bidder an advantage or benefit not allowed other bidders.

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Item 17.

Kemcorp possesses the appropriate contractor's license, has provided all requested information and bid bonds, and provided requested references as required by the contract documents
Therefore, staff is recommending the City Council waive all minor bid irregulates and award a public works agreement to Kemcorp for construction of the Project.

Fiscal Impact:

Project funding is based on the approved 5 -Year CIP for various years as summarized below:

FY17/18
FY18/19
FY20/21
FY20/21
Total
DIF $1,000,000
DIF $3,100,000
Bond Proceeds $3,984,954
General Fund Reserves $565,045
$8,649,999
The following table is a summary of the project budget prior to the award of the public works agreement to Kemcorp:
2017-028 Project Accounting Summary
Project Components
Budget
Encumbered
Paid to Date
Remaining Budget
Project Management
$ 2,500
$
(2,317)
$
2,317
$ 183
Preliminary Services
$ 7,500
$
(7,500)
$
7,500
$ -
Environmental
$ 150,000
$
(146,559)
$
63,977
$ 3,441
Design
$ 270,000
$
(270,101)
$
237,273
$ (101)
Construction
$ 8,113,500
$ 8,113,500
Construction Management
$ 40,000
$ 40,000
Permits
$ 66,499
$ 66,499
Equipment
Project Accounting Summary Totals
$ 8,649,999
$
(426,477)
$
311,067
$ 8,223,522
The public works agreement for construction is in an amount not to exceed $7,475,000.

Staff is recommending a contingency of $638,500, or approximately 9% of the public works agreement, to allow for incidental expenses, for a total construction budget of $8,113,500. The construction budget will be established from the available CIP budget as shown in the preceding table.

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Item 17.

Recommended Action:

Waive all minor bid irregulates and award a public works agreement to Kemcorp Construction Inc. for construction of Westside Fire Station CIP 2018-028 in an amount not to exceed $7,475,000; and, authorize the City Manager to sign change orders up to an additional $638,500 for a total construction budget of $8,113,500.

Attachments:

A. Public Works Agreement (Kemcorp)

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective August 02, 2022 by and between the City of Beaumont, a municipal corporation ("CITY"), and KEMCORP Construction Inc. ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
The CONTRACTOR shall perform within the time set forth in Article 2 of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the Westside Fire Station CIP 2017-028 (hereinafter "Project"). CITY's Invitation for Bids ("Invitation") for the Project, dated June 22, 2022, and CONTRACTOR's Bid in response to the Invitation, dated July 18, 2022, 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.

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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 seven million four hundred seventy-five thousand dollars ($7,475,000.00).

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 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.

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

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

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

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

VIII. FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the

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Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Engineer.

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

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

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. Types of Insurance

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

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

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

3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability.

Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

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CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

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

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

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.

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

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

CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY.

The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

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

B. Other provisions or requirements

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

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

3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and

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umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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

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

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

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

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

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

10.Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

This provision shall also apply to any excess/umbrella liability policies.

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

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

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

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

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

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

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

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

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

XII. REGISTRATION REQUIREMENTS
A. Pursuant to Section 1771.1(a) of the Labor Code:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

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

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

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

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

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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
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 11 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

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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
17 Labor and Materials Payment
Bond
❑General and Supplemental
Conditions
❑Special Conditions
❑Project Construction Schedule
❑Proposed Subcontractors
❑Bid Bond
17 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.]

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SIGNATURE PAGE TO

CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
CITY: CONTRACTOR:

CITY OF BEAUMONT KEMCORP Construction Inc.

By:

Mayor
By:

Print Name:

Title:

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CITY OF BEAUMONT

PUBLIC WORKS AGREEMENT
EXHIBIT "A"

CITY'S INVITATION FOR BIDS
(Insert behind this page.)
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CITY OF BEAUMONT

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

PUBLIC WORKS AGREEMENT
EXHIBIT "C"
Insurance Certificates and Endorsements
(Insert behind this page.)
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City of Beaumont ��,/�� Westside Fire Station
Request for bid BEAUMONT CIP 2017-028

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

CIP 2017-028 WESTSIDE FIRE STATION
BID DATES, TIMES, & LOCATIONS:

Bid Published:

Bids Must Be Received By:

Place Of Bid Receipt:

Questions In By:

Bid Opening Date:

Bid Opening Location:

June 22, 2022
July 18, 2022 @ 11:00 AM
550 E. Sixth Street (City Hall)
Beaumont, CA 92223
July 6, 2022 @ 11:00 A.M.

July 18, 2022 @ 11:15 AM
550 E. Sixth Street (City Hall), Room 4
Beaumont, CA 92223
Bids received after this time will be discarded. Bids shall be valid for 60 calendar days after the bid opening date. Bids must be submitted on the City's Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted with the following subject:
"BID FOR CIP 2017-028 WESTSIDE FIRE STATION"
LOCATION OF WORK:

The work to be completed is located on a City -owned parcel at the northeast corner of Potrero and Olivewood, in the City of Beaumont. APN 414-120-042.

DESCRIPTION OF WORK:

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

In general, the work includes construction of a new Fire Station with a 4,730 sq ft offices, day room, Dormitories, kitchen, and weight room wing and a 4,790 sq ft apparatus bay.

Site development of the —4.09 ac parcel includes grading, drainage devices, paving, utility construction, utility connections, driveways, sidewalks, block walls, water quality features, and landscaping.

CONTRACT LENGTH:

The work for this contract shall not exceed 360 calendar days. Contract time shall commence based on the contractor's lead time of construction material. Appliances are excluded from contract time commencement negotiations.

AWARD OF CONTRACT:

The City shall award the Contract for the Project to the lowest responsive, responsible

NOTICE INVITING BIDS
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Request for bid BEAUMONT CIP 2017-028
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:
• Class "A" and/or Class "B"
FOR FURTHER INFORMATION CONTACT:

Public Works Department
Tel: (951) 769-8522
E-mail: [email protected]

NOTICE INVITING BIDS
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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 to the Project Manager by faxing (951)769-8526 or emailing to rvestal©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

INSTRUCTIONS TO BIDDERS
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construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project.

ADDENDA:

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

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

Each prospective bidder shall provide City a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note:

Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Public Works Department to verify that he has received all Addenda issued, if any, prior to the bid opening.

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

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

INSTRUCTIONS TO BIDDERS
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City of Beaumont �� Westside Fire Station
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MODIFICATIONS OF BIDS:

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

DESIGNATION OF SUBCONTRACTORS:

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

LICENSING REQUIREMENTS:

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

SIGNING OF BIDS:

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

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

INSTRUCTIONS TO BIDDERS
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Request for bid BEAUMONT CIP 2017-028
under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

BID GUARANTEE (BOND):

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

SUBMISSION OF BIDS:

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

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

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

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

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

INSTRUCTIONS TO BIDDERS
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City of Beaumont ��,/ \mil Westside Fire Station
Request for bid BEAUMONT CIP 2017-028
WITHDRAWAL OF BID:

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

BASIS OF AWARD; BALANCED BIDS:

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

DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID:

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

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

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

INSURANCE REQUIREMENTS:

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

AWARD PROCESS:

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

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

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

INSTRUCTIONS TO BIDDERS
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Request for bid BEAUMONT CIP 2017-028
being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
• Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's City Engineer, or other designated City staff member, shall review the basis of the protest and all relevant information. The City Engineer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Engineer to the City Manager.

WORKERS COMPENSATION:

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

SUBSTITUTION OF SECURITY:

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

PREVAILING WAGES:

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

INSTRUCTIONS TO BIDDERS
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Request for bid BEAUMONT CIP 2017-028
DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS:

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

PERFORMANCE AND PAYMENT BOND REQUIREMENTS:

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

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

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

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

END OF INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS
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393

Item 17.

KEMCORP
To:

City of Beaumont
550 E. Sixth Street, (City Hall) Room 4
Beaumont, CA 92223
From:

Kemcorp Construction, Inc.
2060 E. Locust Street, Unit G
Ontario, CA 91761
909-947-0639
Westside Fire Station
Project #CIP 2017-028
Bid Submission Date: July 18, 2022
11:00 AM

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394

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
BERIV NT GIP 2017-028

BID FORM
NAME OF BIDDER: Kemcorp Construction, Inc.

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 2017-028 WESTSIDE FIRE STATION
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
TOTAL

BID PRICE

BASE BID PRICE
(IN WRITTEN FORM)

BID PRICE
(IN NUMBERS)
‘1\`��?�� Aly � J Cam%
0 s. - �, %&Of
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

BID FORM
10

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395

Item 17.

City of Beaumont
Request for bid cE ONT CIP 2017-028
Westside Fire Station

BASE BID

BID SCHEDULE A
CIP 2017-028 WESTSIDE FIRE STATION
IT
NO, (FIGURES);
-
DESCRIPTION OF ITEMS .

EST.

QUANTITY !UN
IT. .

UNIT PRICE -

TOTAL COST
(FIGURES)
1 Bond, Insurance, General
Requirements, & Mobilization
1 LS
g� v
2 Stormwater Compliance, including:

WDID, SMART, SWPPP, NOl, and
NOT.
1 LS
1- Oa)
3 Site Clearing (311000), including:
clearing and grubbing, stripping and
stockpile topsoil, and temporary
erosion and sedimentation control
measures.
1 LS
)-,c. 006
4 Grading (312000), including: preparing
subgrades for slabs -on -grade, walks,
pavements, and exterior planting
areas; excavating and backfilling for
buildings and structures; drainage
course for slabs -on -grade; excavating
and backfilling for utility trenches.
1 LS
1--10t WO
5 Concrete Paving (321320), including:
driveways and roadways, parking lot,
curbs & gutters, walkways, and ramps
1 LS
000
6 AC Paving, including: ac paving, trench
repair, and ac berm.
1 LS
��a a OC)
7 ,
Traffic Coatings (071800), including:
pedestrian traffic ADA Path of Travel,
vehicular traffic ADA Parking, and
parking area(s) striping.
1 LS
S ��
8 Signage (101400), including: plaques,
dimensional characters, panel signs,
and Photoluminescent signs.
1 LS
c c? 000
9 Truncated Domes
1 LS
10 Site Walls, including: trash enclosure
and retaining walls.
1 LS
7 �2 a v
11 Flagpole (107500)
1 LS
t Of 0 6-6

BID FORM
11

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396

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
C I P 2017-028
ITEM
NQ,

DESCRIPTION OF ITEMS
IIT
ES

QUANTITY/UN
UNIT PRi E
(FIGURES)

TOTAL COST
(FIGURES)
12 Fuel Dispensing Station, including: all
components necessary for installation
and full operation
1 LS
000
13 Propane Tank, including: all
components necessary for installation
and full operation
.-S. c�a-6
/
14 Site Lighting
1 LS
� CTOZ
15 Site Storm Drain System, including:
pipe, inlets, drains, rip rap, and basins
1 LS
3s Q 000
16 Site Water Distribution System
1 LS
}9 Doo
17 Site Sanitary Sewer System
1 LS
'I CO C.!
18 Offsite Sanitary Sewer System
1 LS
1 ?,COC
19 Site Natural Gas System
1 LS
5,,,s2_()_
C2 ��
20 Decretive Metal Fences & Gates
(323119), including:

Steel fences, steel rolling gates, gate
operators, including controls, and trash
enclosure swing gate.
1 LS
21 Planting Irrigation (328400), including:
piping, encasement for piping, manual
valves, pressure -reducing valves,
automatic control valves, automatic
drain valves, transition fittings,
miscellaneous piping specialties,
sprinklers, quick couplers, drip
irrigation specialties, controllers, and
boxes for automatic control valves.
1 LS
1 c oW
22 Plants (329300), including: plants,
planting soils, and tree stabilization
1 LS D'
C
23 All other items incidental to the site, not
identified, referenced, or implied in
other items and otherwise shown on
contract documents.
1 LS
7 OD vco
%
24 Foundation & Slab on Grade (033000),
1 LS
%Q YD at

BID FORM
12 ..Page 186 of 1230
397

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
CIP 2017-028
ITEM
NC,

DESCRIPTIOI' OF ITEMS
EST.

C UANTITYIU€V
IT
UNIT .PRICE .:

(FIG ORES)

TOTAL COST
(FIGURES) ;
concrete materials, mixture design,
placement procedures, and finishes.
25 Roof Accessories (077200), includes:
roof curbs, equipment supports, and
roof hatches
1 LS
T ' 000
26 Sheet Metal (076200), including:
manufactured through -wall flashing
and counterflashing, manufactured
reglets and counterflashing, formed
roof drainage sheet metal fabrications,
formed low -slope roof sheet metal
fabrications, formed equipment support
flashing, formed wall flashing and trim,
and formed roof drainage system.
1 LS
t --1,S;006
27 Structural Steel (051200), including:

Structural steel for trellis and grout
1 LS
I b T o pv
28 Metal Fabrications (055000), including:
miscellaneous steel framing and
supports; galvanized steel trellis
framing, porch roof, porch roof
supports and accessories; shelf
angles; metal ladders; steel saddles
and plates for site built wood trusses
and wood beams; structural -steel door
frames; miscellaneous steel trim; metal
bollards; metal corner guards;
handrails other than pipe or tube
railings (all exterior handrails and
accessories to be
galvanized steel); metal Gates (vehicle
and man and accessories to be
galvanized steel); bike rack
1 LS
y
7 cODO
29 Rough Carpentry (061000), including:
framing with dimension lumber, framing
with engineered wood products, shear
wall panels, rooftop equipment bases
and support curbs, wood blocking,
cants, and nailers, wood furring and
grounds, wood sleepers, and plywood
backing Danels.
1 LS
90Doo,,
)

BID FORM
13

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398

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
CIP 2017-028
[ITEM
NQ.

DESCRIPTION OF ITEMS
PST.

QU ANTITYfUN
I'r
UNIT FRIirl=
(FIGURES)
TOTAL; OS
.
(FIGURE ):z
30 Plumbing
' 1
LS
`L --y J 000
31 Fire Sprinkler System
1 LS
tg0J 060
32 Tile Roof (073216), including: Concrete
roof tiles, underlayment, and ridge
vents.
1 LS
qj '�
�/ 000
33 Roof Membrane (mechanical Well)
1 LS
301 000
34 HVAC System
1 LS
()APO 006
35 Pylmovent Exhaust Removal System
1 f-
LS
,k(000
36 Electrical System
1 LS
1(000 -000
37 Automatic Transfer Switch
1 LS
UCOO
38 Emergency Generator
1 LS
/
L2 a Dc)
39 Communication System (conduit only)
1 LS
41,
cif oa c)
40 -t
Telephone System (conduit only)
1 LS
42r 000
41 Fire Alarm System (conduit only)
1 LS
2-)7 600
42 Steel Doors & Frames
1 LS
43 Windows
1 LS
gS1000
4 D5 000
44 Hydraulic Bi-folding Doors
1 LS
45 Overhead Coiling Door
1 LS
9 ..0 000
�V
46 i
Building Insulation (072100), includes:
extruded polystyrene foam -plastic
board at foundation edges of perimeter
footings and up to window sills as
shown on the drawings, and glass -fiber
1 LS
(—L &ZD
Bib FORM
14 .,gage 188 of 1230
399

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
CIP 2017-028
N4:

DESCRIPTIQN..QF ITEMS
EST.

QUANTITY/UN
IT

UNIT PRICE
(FIGURES)

TOTAL COST
(1=lG.UrZ S)..

TITLE 24) — no backing and R-19
exterior
walls.
47 Portland Cement Plaster (092400),
includes: exterior vertical plasterwork
(stucco), exterior horizontal and
nonvertical plasterwork (stucco),
interior vertical plasterwork, and interior
horizontal and nonvertical plasterwork.
1 LS
39)(S).0
48 Gypsum Board with Level 5 Finish
(092900), interior99psum board.
1 LS
i 600
49 Cabinetry
1 LS
2�O) ODO
50 Counters
1 LS
) 006
51 Flush Wood Doors
1 LS
lC:
52 Finish Carpentry
1 LS
5 OOD
53 Sealants
1 LS
5 000
54 Acoustic Ceilings
1 LS
(O oCt)
55 Tile
1 LS
LJ(J j
56 Painting
1 LS
57 Floor Finishes
1 LS
'---/S--COD
58 Visual Display Boards
1 LS
/) C?D')
59 Toilet Accessories
1 LS
16 60r
60 Postal Specialties (105500), including:

USPS-approved horizontal mail
receptacles, vertical mail receptacles,
USPS-approved cluster box units
(CBUs), USPS-approved parcel
lockers, USPS-approved collection
boxes, and accessories.
1 LS
2r>SC)

BID FORM
15

Page 189 ends

400

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
C I P 2017-028
ITEM
NO.

DESCRIPTION OF ITEMS
ES=
-QUAi TITY/UN

IT (FIGURES)

UNIT PRICE

TOTAL COST
(FIGURES)
61 Gear Grid Lockers
1 LS
1 fcOp
62 Fire Extinguishers
1 LS
2 ))
63 Residential Appliances
1 LS
'---)S-: oOO
64 Miscellaneous Equipment
1 LS
65 All other items incidental to the
building, not identified, referenced, or
implied in other items and otherwise
shown on contract documents.
1 LS
i a w
PROJECT BASE BID SUBTOTAL:
7, 4-15 ,.�-
Items include special specification section references (xxxxxx) where applicable.

Contractor shall verify section and all specifications for bid item. Listed references and "including" list is not intended to provide a complete list of included items. All specifications shall be considered when bidding on each item.

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

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

BID FORM
16

Page 190 of 1230 ends

401

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
AUMQN CIP 2017-028

BID CERTIFICATION
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No. 934522
Expiration Date 06/30/23
Class of license Class A And 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 2

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

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

4. Attached is the completed Designation of Subcontractors form.

5. Attached is the completed Bidder Information Form.

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

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
Kemcorp Construction, Inc.

Jas ollinger, President
7/5/22

BID FORM
17

Page 191 of 1230 ends

402

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
UHF:9N CIP 2017-028

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
CIP 2017-028 WESTSIDE FIRE STATION
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
ecorp Construction, Inc.
as, n ollinger, President
7/5/22

CONTRACTOR'S CERTIFICATE REGARDING

WORKERS' COMPENSATION
18

Page 192 of 1230 ends

403

City of Beaumont
Request for bid
Westside Fire Station
BE ONT CIP 2017-028

BID BOND
CIP 2017-028 WESTSIDE FIRE STATION
The makers of this bond are,
KEMCORP Construction, Inc.
as Principal, and
Argonaut Insurance Company
, as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated July 13 , 2022, for CIP 2017-028 WESTSIDE FIRE STATION.

If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

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

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

BID BOND
19 Item 17.

Page 193 of 1230 ends

404

Item 17.

City of Beaumont Westside Fire Station
Request for bid BEIVRIONT CIP 2017-028
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 5th day of Jui, , 2022, the name and corporate seal of each corporation.
(Corporate Seal)
(Corporate Seal)
SEAL)5.-01.
cL • 1948 /2:
• AL1NO5
*'
KE G RP Construction Inc.

P ipal
kkl 3;2 -
By
(e
Title
Argonaut Insurance Com�an
Surety
r
By
Lawrence F. McMahon
Attorney -in -Fact
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title

BID BOND
20

Page 194 of 1230 ends

405

City of Beaumont
Request for bid B MONT
Westside Fire Station
CIP 2017-028

STATE OF CALIFORNIA )
ss.

CITY OF )
On this day of , in the year 2022, 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.
*Please See Attached California All -Purpose Acknowledgment* 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.

BID BOND
21 Item 17.

Page 195 of 1230 ends

406

Item 17.

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 San Diego
On
7/ / o4 -
before me, Natassia Kirk -Smith, Notary Public
Here insert Name and Title of the Officer
personally appeared Lawrence F. McMahon
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

NATASSIA KIRK -SMITH
Notary Public - California
Orange County
Commission # 2253$1$
My Comm. Expires Aug 12, 2022
Place Notary Seal Above
WITNESS my hand and official s
Signature of Not Public

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

Description of Attached Document
Title or Type of Document:

Document Date:

Signer(s) Other Than Named Above:

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

Signer Is Representing:

Number of Pages:

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

Signer Is Representing:
©2015 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907

Page 196 of 1230 ends

407

Argonaut Insurance Company
Deliveries Only: 225 W. Washington, 24th Floor
Chicago, IL 60606
United States Postal Service: P.O. Box 469011, San Antonio, TX 78246

POWER OF ATTORNEY
KNOW ALL MEN 13Y THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:

Lawrence F. McMahon, Maria Hallmark
Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named i, • :,::m' xe, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity aryfritt ►tie u dertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of $97.550.000.00
This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company:
"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys namedrt the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakin anl3t tracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused it fficial seal to be hereunto affixed and these presents to be signed by its duly -r
authorized officer on the 19th day of November, 2021. Argonaut Insurance Company ,......... ,
RPUiiq�.F0?
SEAL••
CV. 1948

STATE OF TEXAS
COUNTY OF HARRIS SS:
by
Gary E. Grose President
On this 19th day of November, 2021 A.D., before me, allotary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force.

IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. r
thuz , 4"n .'�'f
(Notary Public)
I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. 1N WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 5th day of July 2022 `'•` g
°SEAL:a
CC- . Y
.........
' Austin W. King Secretary
Item 17.

IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137.

Page 197 of 1230 ends

408

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
�UMON BE C1P 2017-028

STATE OF CALIFORNIA )
) ss.

CITY OF Ontario )
On this 5th day of July , in the year 2022, before me,
Melissa Reynolds , a Notary Public in and for said state, personally appeared Jason Bollinger , 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 Argo Surety (Surety) thereto and his own name as Attorney -In - Fact.

M. REYNOLDS
Notary Public - California
San Bernardino County
'N Commission # 2363111
My Comm. Expires Jun 28, 2025
(SEAL)
Commission expires: 6/28/25
in.

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

BID BOND
21

Page 198 of 1230 ends

409

N
E
Q)
City of Beaumont
Request for bid
Westside Fire Station
BEAUMONT CIP 2017-028
— —

DESIGNATION OF SUBCONTRACTORS
CIP 2017-028 WESTSIDE FIRE STATION
in compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: the name, the location of the place of business, the California contractor license number, and public works contractor registration number issued of e ach subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in e xce ss of one-half of 1 percent of the prime contractor's total bid.

Portion of the
Work
Subcontracto r
Location of
Business
License
Numbe r.

Public Work s
Contractor
Registration
Number
% of
Work
NA A_O .(1r
)
ii5►
�, r'. -.p '2 to
56,, -is -e--,_
`P 0.,CA
13�7c
l O ci O
0:15',--§S
1 2' (c)
,u\ -4 -AA
e
,'i
nG� r�
�. , ^ - � M
&C. 141 �' `j
c�Pc �re
Se“
‘0L930)›
10 �O
--1 o nu U
7- 10
rte,
Lo
�,, �
1'a -1 �
t
� o ti � l
1 .5°7
0,0m...)
� r
T��` ' �
' c� , Ch4,r� 4
r
u Pl C..�
'
'--3 gay s-
�� 1 000 mac,
a ,
1 ot
l

DESIGNATION OF SUBCONTRACT ORS
22

Page 199 of 1230 ends

N
E
City of Beaumont
Request for bid
Westside Fire Station
CIP 2017-028
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
t `
1°4
'5-ii9.-o
I T
`i
I- L1 d-�,�
C
1©s c�

1.e 7
)1,\,,Q041,
1 ,C '
t ."16('
03 3(2)
i D006
\'2, ..6b
$5.---0\c-252-1k.C.)
OA'
Clet-3)
00000
fD„0 .57 0
I • %
Cy 1°)
`-) coco103
o° ° °()
(,(0 tc(c4
CO (CA5
S G Lez.o�
2ea\33>3
(a G°G
) . D-11„
N- lc.,
\ a� c)o/S
`am
�`1a3
1 000C)
t �7 Oct .
a g
qc
Da)/
LLB --rLkLA-k-utA
S
v?,,,,`Q;`\ip�`�/�>��
(i �, �
� 4 � � ��
(, `) `'
\OAEA
5c��J s
m-/'1.
/
53q3y
t Oup 6
s.__I a -&- ci
. c
CW+kC,
l
�c��
l d�G do

DESIGNATION OF SUBCONTRACTORS
23

Page 200 of 1230 ends

E
4)
City of Beaumont
Request for bid
Westside Fire Station
CIP 2017-028
Portion of the
Work
Subcontractor
Location of
Business
License
Number.

Public Works
Contractor
Registration
Number
% of
Work
c24 In
:
1 �`�.�-:
9-�30 raco
) 7
c) n
1 ,rnaN)eck
a
on
U2(0 Lf 3
C 060 00
1 ( /d
6,21-ia
v4—
Q.0 `e V
.)�. �
cs9. (. C� k.
c
C�. o
.---1 0 1
54 ),2 4
8 Q
[ !o
Pr -e‘
,z-) Cfi&,-Q-,
Vl.ki
---n)si-('?)
P .
t 00000
UC_q i
1 %
lviN,3
s
t c�
l°Db/q-
.`' G
li a �t)
1 as ) .,.

3. 6-(0
ekii. t6j 2 4, i1z
QA. f
(OA-.1,16)
1ooc)n o
o
Name of Bidder
Signature
Name and Title
Dated
corp Con struction, Inc.
ollin ger, President
/22

DESI GNATI ON OF SUBCONTRACTORS
24 N
E
City of Beaumont
Request for bid
Westside Fire Station
CIP 2017-028
Portion of the
Work
Subcontractor
Location of
Business
Lice nse
Number.

Public Works
Contractor
Re gistration
Number
% of
Work
[6
S`PacoLD-° U°C)
[ .5-(c)
J

DESIGNATION OF SUBCONTRACTORS
23

Page 202 of 1230 ends

Item 17.

City of Beaumont
Request for bid WIN CIP 2017-028
Westside Fire Station

INFORMATION REQUIRED OF BIDDERS
CIP 2017-028 WESTSIDE FIRE STATION
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**J 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:

Kemcorp Construction, Inc.

Corporation
2060 E. Locust Street, Suite G, Ontario, CA 91761
909-947-0624 909-947-0639
Facsimile Number Telephone Number

4.0 License Information:
934522 Class A & B 6/30/23
License No.
1000002295
Class of License Expiration Date
DIR Registration No.

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

13.5 Years

6.0 How many years has Bidder's organization been in business under its present name? 13.5 Years
5,1 Under what other or former names has Bidder's organization operated? N/A

INFORMATION REQUIRED OF BIDDERS
25

Page 203 of 1230 ends

414

Item 17.

City of Beaumont
Request for bid
Westside Fire Station
MON CIP 2017-028

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

7.1 Date of Incorporation: 10/06/2008

7.2 State of Incorporation: California

7.3 President's Name: Jason Bollinger

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:

N/A

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

N/A

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

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

Califomia

INFORMATION REQUIRED OF BIDDERS
26

Page 204 of 1230 ends

415

Item 17.

City of Beaumont
Request for bid
Westside Fire. Station
BEVAIT N C1P 2017-028

11.0 What type of work does the Bidder normally perform with its own forces? General Contracting, Demo, Carpentry, Drywall/Plaster and Misc. Specialties

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:

Max Floor Restoration & Waterproofing - Inocente Apreza - [email protected] Affuilera Bros. Construction - Alma Aguilera - aaguileragaguilerabrothers.com Aguirre Brothers - David Aguirre - [email protected]

15.0 List Bank References (Bank and Branch Address)'
Pacific Premier Bank -La Veme - Humera Dadabhoy -
[email protected]

INFORMATION REQUIRED OF BIDDERS
27

Page 205 of 1230 ends

416

Item 17.

City of Beaumont Westside Fire Station
Request for bid BEUMON CIP 2017-028

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

Argo Group US
P.O. Box 469011. San Antonio. TX 78246
Ramona Seidman - Cell - 925-286-2759
Office - 415-757-2578
[email protected]

INFORMATION REQUIRED OF BIDDERS
28

Page 206 of 1230 ends

417

Item 17.

City of Beaumont
Request for bid B1 U ONT
B. LIST OF CURRENT PROJECTS (Backlog)
[**Duplicate Page if needed for listing additional current projects.**] Project
Description of
Bidder's Work
Westside Fire Station
CEP 2017-028
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone
N/A - Finsihed our last project January 2022

INFORMATION REQUIRED OF BIDDERS
29

Page 207 of 1 ends

418

Item 17.

City of Beaumont
Westside Fire Station
Request for bid es ENT CIP 2017.028
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
Sulphur Springs Union
School i7,stric
Sulphur Springs Comm.

Sc oa li pro ements
7/2020 to 1/2022
$8 056 000
can Matthews
661-252-30]7
Chino Valley Unified
School District
Interim Housin for CS
& RR Blement ry -Stte
6/3/19 to 8/9/19
$1,873,9]6
Anna Hamilton
909-6284202
Barbara Webster
Elementaly School
Site Work & Parking
lot improvements
10/2/18 to 8/14/19
$652,600
bou liennin
805=861-8353
Los AngelesCounty
Sanitation District
Pomona WRP Asphalt a
Fencing Repairs
11/27/)7 to 12/17/18
$917 62I.20
Jack Shirian
562-908-4288

INFORMATION REQUIRED OF BIDDERS
30

Page 208 of 1230 ends

419

Item 17.

City of Beaumont ; ; A r ° Westside Fire Station
Request for bid R OM° CIP 2017.028
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:

Jason Bollinger, Project Manager/Quality Assurance Management - 100% Melissa Reynolds, Project Administrator/Safety Coordinator - 100% David Aguirre, Project Superintendent 100%

2. Summarize each person's specialized education:

Jason Bollinger, B.A. in Business Management, Certified in Construction Management, LEED Certified Melissa Reynolds, 30 Hour OSHA Certified, First Aid/CPR Certified, Notary Public David Aguirre, has 26 Years ofPublic Works experience

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

Jason Bollinger has worked in construction and public works for 22 Years Melissa Reynolds has worked in construction for 25 Years, 15 of it has been Public Works David Aguirre has worked in construction and Public Works for 26 Years

4. Summarize such experience:

Jason has been a superintendent, project manager, safety supervisor, quality assurance manager throughout his work. Jason has built schools, fire stations, libraries, transit centers and water reclamation plants.

Melissa has been an project adminsitrator, safety officer for schools, fire stations, libraries, transit centers and water reclamation plants.

David has been a laborer, foremen and a superintendent for schools, senior centers and fire stations.

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

INFORMATION REQUIRED OF BIDDERS
31

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420

Item 17.

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

Westside Fire Station
BRIL,_1101ff CIP 2017-028
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:

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

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

Name of Bidder
Signature
Name and Title
Dated
Ke co y Construction, Inc.

INFORMATION REQUIRED OF BIDDERS
32

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421

Item 17.

City of Beaumont
Request for bid
1, Jason Bollinger
of President
Westside Fire Station
BEILIMN: C I P 2017-028

NON -COLLUSION AFFIDAVIT
CIP 2017-028 WESTSIDE FIRE STATION
, being first duly sworn, deposes and says that he is
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.
1 certify (or declare) under penalty of perjury under the taws of the State of California that the foregoing is true and correct.

Name of Bidder em rp Construction, Inc.

Signature
Name and Title
Jason llinger, President
Dated 7/5/22

NON -COLLUSION AFFIDAVIT
33

Page 211 ends

422

Item 17.

CITY OF BEAUMONT
ADDENDUM NO. 1

TO THE BIDDING DOCUMENTS &CONTRACT,
CIP 2017-028 WESTSIDE FIRE STATION (REBID)
Bidders are advised that the bid opening for the above referenced contract are hereby amended in the following manner and the following manner only:
a. The bid deadline is extended to July 18, 2022 @ 11:00am b. Bid opening is rescheduled for July 18, 2022 @ 11:15am @ City Hall, Room 4 (no electronic submittals will be accepted)
c. Contract Length revised to 360 days
d. Designation of subcontractors revised to read "for in the amount in excess of one-half of 1 percent of the prime contractor's total bid"
e. Responses to questions
f. Plan Holders list AKA ACCESS REPORT.

Dated: July 7, 2022
By:

Robert L. Vestal,
Assistant Director of Public Works
By:

Date Received by Bidder:
7/11/22
Kemcorp Construction, Inc.
(Bidder's Signature)
Jason ollinger, President
(Type or Print Name)
Bidder shall include a signed copy of this Addendum No. 1 with the bid proposal.

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423

Item 17.

CITY OF BEAUMONT
ADDENDUM NO. 2

TO THE BIDDING DOCUMENTS &CONTRACT,
CIP 2017-028 WESTSIDE FIRE STATION (REBID)
Bidders are advised that the bid opening for the above referenced contract are hereby amended in the following manner and the following manner only:
a. Added revised plans
b. Added soils report
c. Added additional Responses to original questions
Dated: July 12, 2022
By:

By:

Date Received by Bidder:
7/13/22
Assistant Director of Public Works
Kemcorp Construction, Inc.
der's Company Name)
(Bidder's Signature)
Jason Bollinger, President
(Type or Print Name)
Bidder shall include a signed copy of this Addendum No. 2 with the bid proposal.

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424

BAUME ONTA -c A L 1 F O R N 1
TO:

FROM:

Staff Report
City Council
Robert Vestal, Interim Public Works Director
Jennifer Ustation, Finance Director
DATE October 17, 2023
SUBJECT: Public Hearing and Consideration of a Resolution for the Second Amendment to the City's Fiscal Year 23/24 — Fiscal Year 27/28 Capital Improvement Plan
Description Approval of Resolution to amend the five-year FY 24-28 Capital Improvement Plan (CIP).

Background and Analysis:

On June 6, 2023, City Council, by resolution, adopted the five-year Capital Improvement Plan (CIP) for fiscal years (FY) 2023/2024 — 2027/2028 and the related prior year CIP project list. The plan identifies the City's planned projects over a determined period of time, as well as the prospective financial sources.

On July 18, 2023, City Council approved the first amendment to five-year Capital Improvement Plan for fiscal years (FY) 2023/2024 — 2027/2028 and the related prior year CIP project list. The first amendment included the following projects:

Project Number
Project Name
2019-004
CNG Station
2016-003
Potrero Interchange
CF104
City Hall Renovation
PS -10
Fire Station Squad
T-01
Electric Shuttle Vehicles
T-02
Fleet Maintenance and Operations Facility
T-03
Bus Stop Rehabilitation and Passenger Amenities
T-04
Shop Building Maintenance
T-05
Brand and Logo Update
T-06
Shop Tools and Lifts
T-08
Fleet Video Cameras
T-09
Paratransit Software

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T-11
Bus Prediction Platform
T-16
New Vehicle Communications
T-19
4th & Veile Construction
The Second Amendment to the 2023/2024 — 2027/2028 CIP (Attachment B) includes creating the following projects:

R-37 — Beaumont Avenue/I-10 Interchange Project: Beaumont Avenue has significant congestion near the 1-10 interchange. In recent months, a State Route 79 Coalition has been meeting to discuss furthering a project that will terminate at SR79/Beaumont Avenue and Gilman Springs Road, potentially impacting traffic flows at the 1-10 Interchange.

Several studies and analysis are needed to develop a project that will relieve current and future congestion and to improve the overall operational characteristics of the interchange. The initial step is a project evaluation to ensure the project aligns with the Caltrans System Investment Strategy (CSIS), state goals, and priorities. This project evaluation process should result in project scope and documentation of project alignment with Climate Action Plan for Transportation Infrastructure (CAPTI) and California Transportation Plan goals. City staff is recommending establishing a $500,000 initial budget to complete the evaluation process. Future steps include developing a project study report (PSR) project initiation document (PID) with Caltrans to achieve consensus on the purpose and need, scope, and schedule of the project.

Budget
Funding Source
$500,000
General Fund
F-03 — City Hall Accessible Ramps: The City Hall Renovation Project identified deficient accessible paths to City Hall. The cost and time to retrofit the existing ramps exceeds CF104's budget and construction time frame. Subsequently, Supervisor Gutierrez, 5th District County Supervisor, met with City staff and recommended that the City apply for the County's State and Local Fiscal Recovery Funds to cover the cost.

The final agreement with the County to receive the funds is on tonight's agenda for Council's consideration.

The design of the ramps was performed using $15,000 from CF104 budget. Therefore, City staff is recommending creating a new project to construct accessible ramps.

Budget
Funding Source
$400,000
County SLFRF
The Second Amendment to the Prior Year CIP (Attachment C) consist of the following budget changes:

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2017-001 — Pennsylvania Avenue/ Ramp Additions: On November 17, 2022, Caltrans informed the City that auxiliary lanes along 1-10 from Beaumont Avenue to Pennsylvania Avenue, eastbound and westbound directions would be required as part of any ramp improvement at Pennsylvania Avenue.

Fehr and Peers evaluated the need for auxiliary lanes and confirmed the requirement.

The addition of the auxiliary lanes will likely require the acquisition of right-of-way from established properties, retaining walls, and overpass widening. Additionally, staff was informed by CalTrans that the grade separation project would first need to be completed prior to the ramp additions.

Therefore, City staff is recommending reallocating unencumbered funds from this project to the Pennsylvania Avenue Widening project 2017-009 and the Pennsylvania Avenue Grade Separation project 2017-012. This project will be revisited in the future when the grade separation project is completed.

Budget
Change
New Budget
$6,750,000
- $5,728,556
$1,021,444
2017-009 — Pennsylvania Avenue Widening: Pennsylvania Avenue Widening is currently under construction using TUMF, Road and Bridge DIF, Traffic Signal DIF, and general funds. City staff is requesting additional funds to complete construction and prevent any delays in construction. This project is Priority Level 3, Target #2 Goals in the 2023 Strategic Plan.

Budget
Change
New Budget
$11,392,600
$1,300,000
$12,692,600
2017-012 — Pennsylvania Avenue/ UPRR Grade Separation: Pennsylvania Avenue/ UPRR Grade Separation construction phase is underfunded. City staff is recommending reallocating unused funds from Pennsylvania Avenue/ Ramp Additions 2017-001 Road and Bridge DIF to this project. This project is Priority Level 1, Target #2 Goals in the 2023 Strategic Plan.

Budget
Change
New Budget
$4,250,000
$4,428,556
$8,678,556
2017-028 — Fire Station No. 106: Fire Station No 106 established a 10% contingency when the project was awarded for construction on August 2, 2022; however, inflation has significantly reduced the buying power of the contingency. The project currently has approximately $130,000 left in original contingency.

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The project encountered a construction cost increase due to a requirement by Beaumont Cherry Valley Water District to change the point of connection to the existing waterline. City staff is recommending increasing the budget to allow for additional contingency to complete the project without delay from Fire Station DIF.

Budget
Change
New Budget
$8,649,999
$300,000
$8,949,999
CF -104 — City Hall Renovations: The project is currently under construction using Basic Service DIF, ISF and SLFRF funds. The construction contract was awarded on March 21, 2023, for $2,498,483 with an additional $209,549 in construction contingencies.

City staff is requesting additional construction contingencies in the amount of $175,000 to complete construction. Additional Basic Services DIF funds are needed due to unanticipated existing conditions encountered during construction that resulted in construction changes, including upgraded corridor walls to meet fire codes and additional sections of new roofing. Construction is anticipated to be completed by the end of the year.

Budget
Change
New Budget
$3,318,387
$175,000
$3,493,387
ISFB 08 - Smart Irrigation Timer Project: The ISFB 09 Smart Irrigation Timer Project was created to address the aging infrastructure in the Parks and on Palm Islands. This project will replace analog timers with digital irrigation timers that are web based and app controlled. This project will allow for the reduction of water by the weather tracking app that measures rain and through sensors in the park will adjust watering times based on moisture in the soil.

Staff have received quotes from vendors and has decided to pursue Smart Rain Technologies and proceed with their irrigation timers and control mechanisms. The quote for this project is just below $150,000 and would include timers for 14 of our 18 Parks and Palm Islands. Three parks are scheduled for CIP improvement projects and will address irrigation controls in the project (Nicklaus, Palmer, Stewart) and one park that already has a smart timer system (Sports Park).

The request for an increase in funds will allow the project to be completed in one phase rather than having to break the project up. The quote from Smart Rain was $55,000 less than the next competitive bidder and the system has all the features the city needs.

Budget
Change
New Budget
$109,000
$41,000
$150,000

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R-12 — Second Street Extension: On April 5, 2023, the City of Beaumont submitted the Project in response to RCTC's Measure A Regional Arterials (MARA) Call for Projects. On June 14, 2023, RCTC approved $1,500,000 in MARA funds for the Project.

City staff are recommending increasing the budget to reflect the RCTC MARA grant.

Budget
Change
New Budget
$3,300,000
$1,500,000
$4,800,000
R-24 — 2023 Citywide Street Rehabilitation and Maintenance: City staff is developing a downtown sidewalk project as part of this project to construct accessible ramps and sidewalks in the downtown and town center areas. The increased budget will increase the project's effectiveness and impact to the community. City staff are recommending increasing the budget to allow for additional areas to be included in the project, eliminating the need for separate projects, and reallocating funds from project R-35.

Part of the request is $500,000 from the General Fund to provide decorative sidewalk in the downtown area. The downtown sidewalk portion will correspond with the downtown street lighting project to enhance the downtown area.

Budget
Change
New Budget
$6,361,090
$582,828
$6,943,918
R-31 — Purchase 12 -Yard Dump Truck: City staff received updated quotes for a 12 - yard dump truck. City staff is recommending increasing the budget to allow the purchase of the dump truck from the General Fund.

Budget
Change
New Budget
$160,000
$40,000
$200,000
R-35 —Citywide Street Improvements 23/24-CDBG: City staff is recommending transferring the available balance of CDBG funds from this project to R-24 and closing this project.

Budget
Change
New Budget
$130,000
$-82,828
$47,172
WW -09 —16" Mesa Force Main Construction: City staff received construction bids on July 11, 2023. The lowest responsive bidder's cost was $3,269,552. Adding construction support and contingency, the required budget is $3,800,000. Therefore, City staff is requesting increasing the budget to allow for the construction of the project with appropriate contingency and construction management services from Wastewater DIF funds.

Budget
Change
New Budget

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$2,100,000
$1,700,000
$3,800,000
The Second Amendment to the Prior Year CIP (Attachment C) includes closing the following projects:

Project Number
Project Name
Reason for Closure
PS -08
PD Modular Restroom
Completed
R-11
Citywide Traffic Signal
Upgrade
Completed
R-17
Michigan Storm Drain
Culvert
Completed
R-32
Purchase GPS Survey
Equipment
Completed
R-35
Citywide Street
Improvements 23/24-CDBG
Funds transferred to R-24
T-06
Shop Tools and Lifts
Completed, Close upon
receipt of final
reimbursement.

T-10
Shop Tools/Lifts Phase 2
Completed
Fiscal Impact:

The estimated cost to prepare this staff report is $750. The following table is a summary of the listed project budgets and the respective funding source.

Project
Number
Project Name
Budget
Affected
Funding Source
Budget
$6,750,000
2017-001
Pennsylvania Avenue/
Ramp Additions
Change
-$5,728,556
Road & Bridge DIF
New Budget
$1,021,444
Budget
$11,392,600
2017-009
Pennsylvania Avenue
Widening
Change
$1,300,000
Road & Bridge DIF
New Budget
$12,692,600
Budget
$4,250,000
2017-012
Pennsylvania Avenue/
UPRR Grade Sep
Change
$4,428,556
Road & Bridge DIF
New Budget
$8,678,556
Budget
$8,650,000
Fire Protection impactDIF
2017-028
Fire Station No. 106
Change
$300,000
New Budget
$8,950,000
CF -104
City Hall Renovation
Budget
$3,318,387
Basic Service DIF
Change
$175,000

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New Budget
$3,493,387
ISFB-08
Smart Irrigation Timer Project
Budget
Change
New Budget
$109,000
$41,000
$150,000
ISF
R-12
Second Street
Extension
Budget
Change
New Budget
$3,300,000
$1,500,000
$4,800,000
RCTC
R-24
2023 Street Rehab. &
Maintenance
Budget
Change
New Budget
$6,361,090
$82,828
$6,443,918
CDBG
R-24
2023 Street Rehab. &
Maintenance
Budget
Change
New Budget
$6,443,918
$500,000
$6,943,918
General Fund
R-31
Purchase 12 -Yard
Dump Truck
Budget
Change
New Budget
$160,000
$40,000
$200,000
General Fund
R-35
Citywide Street Imp. Project 23/24-CDBG
Budget
Change
New Budget
$130,000
-$82,828
$47,172
CDBG
WW -09
16" Mesa Force Main
Construction
Budget
Change
New Budget
$2,100,000
$1,700,000
$3,800,000
WW DIF
R-37
Beaumont Avenue/ I-
10 Interchange Project
Budget
Change
New Budget
$0
$500,000
$500,000
General Fund
F-03
City Hall Accessible
Ramps
Budget
Change
New Budget
$0
$400,000
$400,000
SLFRF
The fiscal impact to the General Fund reduces the fund balance contingency by $1,040,000.

Recommended Action:

Hold a Public Hearing, and
Waive the full reading and adopt by title only, "A Resolution of the City Council of the City of Beaumont Amending the Five -Year Capital Improvement Plan for Fiscal Years 2023/2024-2027/2028", and,
Approve budget amendments as outlines in attachment E.

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Attachments:

A. CIP Resolution Amendment 2
B. FY 2023/2024-2027/2028 Capital Improvement Plan
C. Prior Year CIP Project List
D. Public Notice
E. Budget Adjustment Form

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BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Jillian Fountain, Assistant Planner
DATE July 16, 2024
SUBJECT: Second Reading of the Specific Plan Amendment (SP2023-0010) a City Initiated Request to Amend the Heartland Specific Plan to be in Conformance with the General Plan Land Use Designation
Description A City initiated request to amend the Heartland (Olivewood) Specific Plan to bring it into conformance with the underlying General Plan land use designation.

Background and Analysis:

The Heartland Specific Plan No. 93-1 encompassing 417.2 acres was adopted by the Beaumont City Council on October 10, 1994, by Resolution No. 1994-23. The Heartland Specific Plan includes the developments commonly referred to as the Olivewood Community.

On October 11, 2023, Planning staff brought forward a proposal to amend the Land Use Map identified as Figure 3.5 in the 2040 General Plan to bring the General Plan into conformance with the Land Use and Community Design Implementation Action LUCD1 that requires Specific Plan Consistency. LUCD1 states that following the adoption of the General Plan, review of the existing, adopted Specific Plans and make changes to ensure consistency with the General Plan.

During the public hearings with the Planning Commission and the City Council on October 17, 2023, the City Council directed staff to prepare a Specific Plan Amendment to correct a discrepancy in the Heartland Specific Plan, also known as Olivewood, that shows one of the parcels (414-100-039) is currently designated in the General Plan as open space. The subject area is part of the San Timoteo Creek and the previous recommendations were based on the underlying Specific Plan land use designations that were designated as industrial. The Planning Commission motioned to have the parcel 414-100-039 be a Specific Plan Amendment to bring into conformance with its current General Plan Land Use designation.

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APN

SPECIFIC
PLAN

PLANNING
AREA
ZONING

GENERAL
PLAN

PROPOSED

SPECIFIC

PLAN LAND
USE
414-
100-039
Heartland
11 Specific Plan
Industrial
Open Space
Open Space
CONSISTENCY WITH ADOPTED GOALS, PLANS, AND PROGRAMS:

General Plan Consistency
The proposed project will bring the Specific Plan into conformance with the General Plan Land Use and Community Design Implementation Action LUCD1 that requires Specific Plan Consistency. LUCD1 states that following the adoption of the General Plan, review of the existing, adopted Specific Plans and make changes to ensure consistency with the General Plan.

Zoning Consistency
The update as proposed would bring the General Plan land use designation map into conformity with the land use designations previously established in the Heartland Specific Plan.

CEQA:

From the standpoint of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) No. 93-1 was prepared and certified in 1994 for the Heartland Specific Plan (Specific Plan No. 93-1), assessing the environmental impacts of the overall project and subsequent implementation steps, including subdivision of the site. The EIR and the findings made by the City Council remain pertinent and adequate for use for the project. Execution of this amendment will not have any impact on the project that was not previously analyzed, and the overall project continues to be required to adhere to the mitigation monitoring program established for the project.

Public Communications Received:

A 10 -day public notice was placed in the Press Enterprise on June 7, 2024. At the time of report preparation, the Planning Department has not received any letters of comment from the public in favor or opposition to the project. Any comments received prior to the time of the scheduled City Council meeting will be provided to the City Council at the

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time of the public hearing. Proof of publication is included as Attachment F to this staff report.

Planning Commission Authority:

The Beaumont Municipal Code Section 17.02.090.E authorizes the Planning Commission to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. The Planning Commission's action shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for a public hearing before the City Council.

The proposed amendments were presented to the Planning Commission on May 8, 2024, and the Planning Commission by a vote of 4-0 forwarded a recommendation of approval to the City Council.

The Planning Commission is forwarding a recommendation to the City Council to direct staff to initiate a Specific Plan Amendment to the Heartland (Olivewood) Specific Plan to modify the zoning designation of Planning Area No. 11 be revised to reflect open space and be in conformance with the General Plan land use designation.

City Council Authority:

The Beaumont Municipal Code Section 17.02.090.F states that upon receipt of a Planning Commission resolution the City Clerk shall set the matter for hearing before the City. At the hearing, the City Council shall review the Commission's recommendation and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Zoning Ordinance, the balance of the General Plan, and development policies of the City.

The Beaumont Municipal Code Section 17.02.090.G states that the City Council shall act to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan. The City Council's action to amend the General Plan shall be by formal ordinance (see Attachment D).

The Beaumont Municipal Code Section 17.02.090.H states that if the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the City Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Planning Commission to act within 40 days of receiving the City Council's request shall

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provide the City Council with authority to act without the Planning Commission's recommendation.

At the June 18, 2024, City Council meeting, the Council by a vote of 5-0 waived the first full reading and approved the ordinance.

Findings:

The Beaumont Municipal Code Section 17.02.090.1 requires the City Council to make the following findings of fact before approving a General Plan amendment:

1. That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment.

The proposed Specific Plan amendment is consistent with the goals, policies, and objectives of the General Plan. The proposed amendment will bring the Specific Plan into conformance with the General Plan land use of Open Space that is a part of the San Timoteo Creek.

2. That the proposed amendment is consistent with the other goals, policies, and objectives of the General Plan.

The proposed Specific Plan amendment will not adversely affect surrounding properties as it will discourage the use of nonconforming uses and structures.

3. That the proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations.

The proposed Specific Plan amendment promotes public health, safety, and general welfare and helps serve the goals and purposes of the Zoning Ordinance. The proposed designation changes will further assist the City in implementing the 2040 General Plan.

4. In the event that the proposed amendment is a change to the land use policy map, that the amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties.

The proposed Specific Plan amendment changes are to create consistency with its surrounding properties and support the original intention of the 2040 General Plan.

Fiscal Impact:

The cost to prepare this staff report and ordinance is approximately $500.00.

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Recommended Action:

Waive the second full reading and adopt by title only, "An Ordinance of the City Council of the City of Beaumont, California, Amending the Heartland (Olivewood) Specific Plan" Attachments:

A. Redlined Specific Plan
B. Draft Ordinance
C. General Plan Land Use Map
D. Specific Plan Land Use Map
E. Aerial Photograph

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Heartland Specific Plan
Beaumont, California

Page 227 of 1230 ends

HEARTLAND

SPECIFIC PLAN
PREPARED FOR:

HEARTLAND CALIFORNIA BEAUMONT LIMITED PARTNERSHIP
4650 Columbia Center
701 Fifth Avenue
Seattle, Washington 98104
and

THE CITY OF BEAUMONT
550 East Sixth Street
Beaumont, California 92223
May, 1994

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PARTICIPATING CONSULTANTS

PLANNING AND DESIGN
park/Miklich Associates, Architecture and Planning -- Richard Miklich James and Associates, Planning and Development Consultants -- Dave James, REA

ENVIRONMENTAL
Envision, Environmental Services, Primary Consultants -- Chris Terzich Tierra Madre, Consulting Biologist -- Jack Easton
Christopher E. Drover, Ph.D., Archaeology -- Chris Drover Harmsworth Associates, Hazardous Materials Evaluation
Heritage Resources Consultants, Paleontology -- Paul Langenwalter

ENGINEERING
Trans -Pacific Consultants, Civil Engineers -- Jei Kim
Geotechnical and Environmental Engineers Inc., Soils & Geology -- Chris Krall Linscott, Law, Greenspan, Consulting Engineers, Traffic -- Jay Nelson Mestre Greve, Associates, Acoustical Study -- Fred Greve

GRAPHICS
Toadly Graphic -- Roger White and Sara Vandenberg
Park/Miklich Associates, Architecture and Planning -- Richard Miklich

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TABLE OF CONTENTS
I. Introduction 9
Location and Overview 9
Document Purpose 9
Authority and Scope 10
Development Plan Process.... 10
Legal Entitlements Provided by the Specific Plan. 11
Environmental Impact Report. 11
Organization of the Report 12
II. Existing Conditions 13
Market Opportunities 13
Existing On -Site and Surrounding Land Uses 13
Topography and Slope 14
Geology and Soils 15
Hydrology 15
Biological Resources 16
Endangered Species 16
Sensitive Species and Habitat Resources 17
Cultural/Historic Resources 17
Public Facilities 18
Police Protection 18
Fire Protection 18
School Service 18
Water Service 18
Sewer Service 18
Dry Utilities 19
20 Summary of the Plan 20
Specific Land Use Components 21
Summary of Residential Uses 21
Industrial Park/Commercial Uses 23
III. Specific Plan

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Public Facilities 24
Open Space and Recreation 25
General Land Use Development Standards 26
Circulation Plan 29
Circulation Plan Description 29
Circulation Plan Standards 34
Drainage Plan 37
Drainage Plan Description 37
Drainage Plan Standards 38
Water and Sewer Plan 41
Water Plan Description 41
Conservation Measures 42
Sewer Service Description 43
Water and Sewer Plan Standards 44
Solid Waste Disposal Plan 45
Solid Waste Disposal Plan Description 45
Solid Waste Disposal Plan Standards 45
Project Phasing Plan 46
Phasing Plan Description 46
Phasing Plan Standards 47
Grading Plan 48
Grading Plan Description 48
Grading Plan Standards 48
Recreation Plan 52
Recreation Plan Description 52
Recreation Plan Standards 52
Conservation Plan 54.

Conservation Plan Description 54
Conservation Plan Standards 55
Landscape Plan 58
Landscape Plan Description 58
Entry Themes/Monumentation/Signage 58

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Streetscape Themes 61
Paseo Open Space and Sports Park 66
Community Walls and Fences 67
Neighborhood Commercial Landscape Plan 68
Residential Front Yard Landscaping 68
Architectural Guidelines 70
Single Family Residential Design Criteria 72
Neighborhood Commercial Design Criteria 80
Industrial Park Design Criteria 85
IV. Planning and Development Standards 100
Planning Area No. 1 100
Planning Area No. 2 102
Planning Area No. 3 103
Planning Area No. 4 104
Planning Area No. 5 105
Planning Area No. 7 108
Planning Area No. 8 110
Planning Area No. 9 111
Planning Area No. 10 111
Planning Area No. 11 112
Planning Area No. 12 113
V. Development Regulations 115
Residential Categories 115
Neighborhood Commercial 120
Industrial 122
Open Space/Recreation Categories 122
VI. Administration and Implementation 124
Administration 124
Heartland Specific Plan 124
Regulatory Effects 124
Interpretation 124
Types of Approvals and Permits 125

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Subdivision Maps 125
Conditional Use Permits 125
Plot Plan Review 125
Public Use Permits 125
Special Circumstances 125
Implementation 126
Environmental Review for Residential, Commercial and Industrial Projects 126 Subdivision Map - Tentative Tract/Parcel Maps 126
Plot Plan Review 127
Conditional Use Permit 127
Public Use Permit 128
Amendments to the Specific Plan 128
Unit Transfer 128
New Information 128
Administrative Changes to the Specific Plan 129
VII. General Plan Analysis 130
Introduction 130
General Plan Elements 130
Land Use Element 130
Circulation Element 135
Housing Element 137
Natural Resources Element 138
Public Safety Element - Seismic Safety and Geologic Hazards 141 Public Safety Element - Fire 142
Public Safety Element - Flood Prone Areas 143
Public Safety Element - Dust/Wind 145
Public Safety Element - Crime Prevention 145
Public Services and Facilities Element 146
Appendix A - Plant Materials Palette 149
VIII. Final Conditions of Approval
IX. City Council Resolution

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LIST OF EXHIBITS

1. Regional Location I-1

2. Vicinity Map I-2

3. Environmental Constraints II -1

4. Topographic Map II -2

5. Slope Analysis 1I-3

6. Geology II -4

7. Local Hydrology I1-5

8. Vegetation II -6

9. Specific Land Use Plan III -.1

10. Land Use Summary 11I-2

11. Circulation Plan III -3

12. Roadway Sections - III -4a

13. Roadway Sections III -4b

14. Roadway Sections III -4c

15. General Plan Circulation III -5

16. Drainage Concept 1I1-6

17. Regional Water System 11I-7

18. Proposed Water System 111-8

19. Regional Sewer System III -9

20. Proposed Sewer System III -10

21. Master Phasing Plan III -11

22. Grading Concept III -12

23. Open Space and Recreation Plan I1I-13

24. Conservation Plan I11-14

25. Landscape Concept Plan III -15

26. Major Community Entry 1I1-16

27. Secondary Community Entry 111-17

28. Identity Node III -18

29. Typical Neighborhood Entry III -19

30. Industrial Park Entry. II1-20

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31. Paseo Park Activity/Entry Node 1I1-21

32. Streetscape Urban Arterial (Potrero Boulevard) III -22

33. Streetscape Collector Loop Road (South Entry) I11-23

34. Typical Landscape Slope III -24

35. Streetscape Collector Loop Road (North Entry) III -25

36. Streetscape Collector Road 1I1-26

37. Streetscape Collector Loop Road (D -D) III -27

38. Streetscape Collector Loop Road (E3 -E3) III -28

39. Streetscape Short Local Road III -29

40. Streetscape Industrial Spine Road III -30

41. Streetscape Local Industrial Road I11-31

42. Streetscape Industrial Collector Road III -32

43. Illustrative Land Use Linkage Plan III -33

44. Paseo Park Section 11I-34

45. Paseo/Sports Park Section III -35

46. Wall and Fence Elevations 111-36

47. Community Walls and Fence Plan II1-37

48. Neighborhood Commercial Conceptual Landscape Plan III -38

49. Conventional Medium Lot Front Yard Landscaping III -39

50. Conventional Small Lot Front Yard Landscaping III -40

51. Zero Lot Line Front Yard Landscaping III -41

52. Conventional Medium Lot Single Family Elevation III -42

53. Medium Lot Residential Concept Plans II1-43

54. Conventional Small Lot Single Family Elevations II1-44

55. Conventional Small Lot Residential Conceptual Plans 111-45

56. Zero Lot Line Single Family Elevations III -46

57. Zero Lot Line Residential Conceptual Plans 111-47

58. Planning Area No. 1 IV -1

59. Planning Area No. 2 IV -2

60. Planning Area No. 3 IV -3

61. Planning Area No. 4 IV -4

62. Planning Area No. 5 IV -5

Page 235 of 1230 ends

63. Planning Area No. 6 IV -6

64. Planning Area No. 7 IV -7

65. Planning Area No. 7a IV -7a

66. Planning Area No. 7b IV -7b

67. Planning Area No. 7c IV -7c

68. Planning Area No. 8 IV -8

69. Planning Area No. 9 IV -9

70. Planning Area No. 10 IV -10

71. Planning Area No. 11 IV -11

LIST OF TABLES

1. Residential Land Use Categories I-1

2. Dwelling Units Per Phase III -1

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Introduction
A. Location and Overview
From a regional perspective, the Heartland Specific Plan site is located in north -central Riverside County in the San Gorgonio Pass area between the central Inland Empire, consisting of the metropolitan Riverside/San Bernardino County Area to the west, and Coachella Valley to the east. See Exhibit I-1 Regional Location Map. From a local vicinity perspective, Heartland is located m the southwestern portion of the City of Beaumont north of State Route 60 (SR 60) just west of its point of convergence with Interstate 10 (I-10). San Timoteo Canyon Road defines the subject site's northern boundary with the future extension of Jack Rabbit Trail defining the site's westerly boundary. See Exhibit I-2, Vicinity Map.

The Heartland Specific Plan Site consists of 417.2 acres of undeveloped land that has been historically used for dry land farming activity, which continues to date. As proposed, Heartland will contain a mix of land uses developed through the Specific Plan/Master Planned Community process consisting of single-family residential neighborhoods of varying densities, an industrial park component, a neighborhood commercial center, an elementary school site (K-5) and passive and active open space/recreational amenities.

B. Document Purpose
The purpose of the Specific Plan document is to address in adequate detail the land use issues associated with the development of the Heartland property and to ensure that the subject site develops in a comprehensive and coordinated fashion with adequate consideration for infrastructure and public facilities and services. This approach has been selected over the alternative of developing the subject property in a piecemeal fashion. This effort has been based on substantial studies, including but not limited to, geotechnical, biological, civil engineering, hydrology, archeological, etc., towards establishing a comprehensive assessment of the subject site's development constraints and opportunities. In both text and illustration, this document depicts the character and configuration of the various components comprising the Specific Plan and establishes a foundation document that will govern further entitlements and development activity of the Heartland property. It is in this capacity that the Specific Plan document will serve to refine the City of Beaumont's General Plan designation relative to the subject site in terms of appropriate land uses, density, intensity of use, development standards, etc.

Under separate cover, the Heartland Specific Plan is accompanied by an Environmental Impact Report (EIR) and supplemental documents and Introduction I-9

Page 23 ends

u
I
Regional Location
Er.

Santa
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I

LOS ANGELES
COUNTY
4405
Los Angeles
91 395
Corona
`1 15
I1

ORANGE,
COUNTY
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'15
Victorville

SAN BERNARDINO
COUNTY
San Bernardino
Project S jte
Riverside rside __r--
�, n Banning RIVERSIDE
Beaumont ,10 COUNTY
Palm Springs
15 15
Temecula
Escondido
Pacific Ocean
San Diego
Y.1
10 Miles
Heartland Specific _Plan
Beaumont, California
111

SAN DIEGO
COUNTY
OF

BAJA CALIFORNIA

HEARTLAND
Exhibit No.: I - 1
Pagc 238 of 1230

---Lake Penis
iState Rec. Area
/. Lakeview
)
21 Maw
(SAN BERNARDIN�---

RIVERSIDE COUNTY
Cherry Valley
Vicinity Map
Gilman Hot Springs s'
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Heartland _Specifi_c_P _arr_______.

Beaumont, California

Page 239 of 1230 ends

HEARTLAND
Exhibit No.: I - 2

special studies which address the environmental impacts associated with the proposed project in addition to establishing appropriate levels of mitigation to reduce said impacts to the greatest extent possible. Additionally, a development agreement has been prepared and adopted, in conjunction with the establishment of Community Facilities District 93-1, which defines the contractual relationship between the landowner (Heartland) and the City of Beaumont relative to the security of General Plan -level entitlements and the ability to develop the subject site as approved. Together, these three documents provide the City of l eaumont, planning Staff, elected officials, and Lhe general public with a complete understanding of the project, its associated environmental impacts, and the methodology for mitigating potential impacts associated) with the project.

C. Authority and Scope
Section 65450 of the California Government Code grants local planning agencies the authority to prepare a specific plan of development over a given piece of property. Consistent with this authority, the City of Beaumont has implemented the specific plan process in consideration of past proposed projects. In this context, Section 17.14.015 of the Beaumont Municipal Code states:
`Specific plans, and amendments thereto, shall be adopted in accordance with the provisions of this title and of Section 65450 et. seq. of the Government Code, as now written or hereafter amended. All uses established pursuant to an applicable specific plan shall be subject to all of the conditions and restrictions set forth in the Specific Plan regardless of the underlying zone, including, hut not limited to, density and intensity of use, setbacks, heights, area, and open space. -
An environmental assessment of the proposed Heartland Specific Plan has been prepared by the City of Beaumont, resulting in a Notice of Preparation (NOP) for an EIR. This effort also included a description of potential adverse impacts which needed to be addressed in greater detail through the EIR process. The NOP was distributed on June 8, 1993, to the State of California Clearinghouse, responsible agencies, and other interested parties. The objective of the NOP process is to identify and determine the full range and scope of environmental issues of concern to others, i.e., individuals, organizations, responsible agencies, etc., so that issues can be fully addressed in the Heartland EIR and supplemental support documents and special studies.

D. Development Plan Process
The I-leartland Specific Plan represents an initial and major component in a multi -step process that will culminate in the development of the Heartland 1-10 Introduction

Page 240 of 1230 ends

Community. A summary of the various documents that will contribute to this first major step in the entitlement process follows.

1. LEGAL ENTITLEMENTS PROVIDED BY THE SPECIFIC PLAN.

The Specific Plan is a legal document and planning tool that provides the City of Beaumont and the project proponents (Heartland) or. their successors in interest with guidelines for development based upon the plans and standards set forth therein. The Specific Plan in this context will serve to refine the City of Beaumont's General Plan designation applied to the Heartland property. In this regard the plan establishes a pattern and density of land use as articulated in Section 3 of this Specific Plan document.

The Specific Plan establishes a circulation plan whereby streets and roads are located and sized based on traffic patterns and peak hour demands. A public facilities plan indicating what facilities are needed to accommodate the 1-Ieart.land Community and the• most appropriate arca within the plan to locate said facilities. A landscaping plan for the community is another element of the Specific Plan, prepared in conjunction with a. recreation and conservation plan that designates certain areas as natural/passive open space and active/usable open space.

2. ENVIRONMENTAL IMPACT REPORT.

Prior to adoption/approval of the Specific Plan, a Final Environmental Impact Report (FEIR) must be certified by the City of Beaumont, acting in the capacity as the lead agency. The final EIR will be prepared in accordance with the California Environmental Quality Act (CEQA), towards evaluating potential environmental impacts associated with the development of the Heartland property as proposed. This effort will also provide measures by which to mitigate. these impacts to the greatest extent possible. The FEIR document will also discuss potential project alternatives, such as increased scope, decreased scope and the mandatory no -project alternative. Impacts associated with each of these alternatives in turn will also be evaluated in a very summarized format. The FEIR will also identify all remaining unavoidable adverse environmental impacts for which a statement of overriding consideration from the lead agency will be required, if any such unavoidable significant impacts are identified.

The Environmental Impact Report will evaluate the ultimate impacts of the development of the Heartland Specific Plan based upon the most definitive project data available at the time the Final EIR is certified. Pursuant to the State EIR guidelines, subsequent project activities, such as subdivision maps and other discretionary approvals, must be evaluated against the previously certified FEIR through the initial study/environmental assessment process.

The initial study/environmental assessment in turn will lead to either a positive declaration (subsequent EIR) or a negative declaration. If the City of Beaumont can make a finding that no new effects would occur as a result of these subsequent project approvals, the City could approve subsequent proposals with a determination that associated environmental impacts fall Introduction I-11

Page 241 of 1230 ends

within the scope of the original and previously certified FElit and as such no new environmental documents would be required. The City of Beaumont also has the authority to incorporate feasible mitigation measures or project alternatives suggested in the Final EIR into the subsequent project approvals. It is the intent of the project proponent to submit an environmental document to the City of Beaumont, as lead agency, containing adequate information towards processing and approval of the proposed Specific Plan, Development Agreement, Change of Zone, Mitigation Monitoring Program and other subsequent and related approvals.

E. Organization of the Report
Including the introduction (Section 1), the Specific Plan is" organized into seven • sections and one appendix, dealing with the landscape plant palette.

Section 2 briefly discusses existing conditions, including the market environment, and describes the characteristics of the land and the public. facilities and infrastructure in terms of constraints and opportunities prescribing project planning and design. Against this background, Section 3 presents the body of the Specific Plan in terms of development plans and policies in the detail appropriate to their incorporation as the governing body of land use regulations for the Heartland Specific Plan. Section 4 focuses the analysis to the individual planning areas in terms of development regulations in order to present a clearer picture of the character of each planning area and their associated land uses. Section 5 then sets forth the regulations governing each land use, while Section 6 discusses the administration and implementation procedures necessary to put the plan into effect. Finally, Section 7 discusses the consistency of the Heartland Specific Plan with the General Plan of the City of Beaumont.
1-12 Introduction

Page 242 of 1230 ends

1 Jr..

Chapter II
Existing Conditions

Page 243 of 1230 ends

11. Existing Conditions
The Heartland Specific Plan has been designed in response to the subject site's physical and environmental opportunities and constraints. In addition various human imposed factors such as area development trends, market conditions, zoning, general plan designations, etc., have also influenced the design of the Heartland Specific Plan. In compiling these natural and human imposed variables, a multi -disciplined research effort was initiated which produced relevant base line data in terms of market opportunities, existing and adjacent land use patterns, topography, geology, hydrology, biology, paleontology, archaeology and availability of public facilities and services.

This section of the Specific Plan document will provide a brief overview of the above referenced variables and establish the foundation from which the Heartland land use plan has evolved.

A. Market Opportunities
Riverside County in general, and western Riverside County and the Beaumont/Banning area in particular, are expected to capture an increasing share of Southern California's employment growth and concomitant housing demand over the next two decades. This condition is attributed to several factors including, but not limited to, diminished new housing supplies and inaccessibility of existing housing stock in competing markets such as Orange, San Diego and Los Angeles Counties. This condition will be further influenced by the closing of Norton Air Force Base and significant reductions to March Air Force Base and the imminent conversion of these resources to private industry. In addition, the accelerated migration of industry to the Inland Empire and the resulting expansion of local employment to service the rapid population increases in western Riverside County have also had a tremendous influence on the area's residential market.

The Heartland Specific Plan has responded to these market forces by providing a broad spectrum of residential housing opportunities within the "single family" detached product line. The breadth and diversity of the market is an. essential consideration for a large project, if consistent absorption is to take place over a reasonable period of time. As such, the Heartland Specific Plan offers a diverse housing inventory in response to regional market factors which will allow the project sponsor to maintain a viable project through the inevitable market changes.

B. Existing On -Site and Surrounding Land Uses
The subject site is vacant with the exception of a ranch/farm house and appurtenant facilities which are centrally located on the property just below -a-well-defined-east/west oriented-ridge-lire:--Eurther,- it should -he_ nated`that Existing Conditions II -13

the structure lacked any historic significance and represented an attractive nuisance and a physical liability. As such the structure was razed. It should be noted that the ranch house structure was intentionally burned by the Riverside County Fire Department as part of a recent training exercise and as such all that remains of the structure is the foundation. The subject site has been historically used for dry land farming and seasonal grazing. This activity continues to the present and is anticipated to continue up until the Specific Plan is physically implemented. In addition, there are areas exhibiting significant scarring due to off road recreational vehicle activity. A segment of the Southern Pacific Transportation Railroad skirts the subject site's entire northern boundary with State Highway 60 defining the subject site's southern boundary. There is a 12 -inch underground crude oil line and associated easement that bisects the subject site in an east -west orientation.

This line is owned and maintained by Arco and extends from Long Beach Harbor where Alaskan oil is pumped in and distributed to refineries located in Arizona and Texas. In addition, there are two parallel 12 -inch liquid gas lines that skirt the southwesterly corner of the subject site. See Exhibit II -1, Environmental Constraints, contained herein.

Consistent with the Heartland site, surrounding properties are also predominantly vacant and reflect rurallagricultural oriented land uses characterized by cultivated dry land barley fields on alluvial plains and terraces.

Properties in the immediate vicinity of Heartland are under private and/or corporate ownership. However, there are properties further to the southeast that are under the jurisdiction of the Bureau of Land Management (BLM) and the Bureau of Indian Affairs (BIA) (Morongo Indian Reservation lands).

It should be noted that the BLM and BIA lands are located approximately 5 miles to the southeast and have no physical relationship to the Heartland property.

The majority of properties in •proximity to Heartland consist of large consolidated ownerships that are in transition from predominantly rural/agricultural oriented land uses to an urban environment. The majority of this urbanization process will occur in the context of Master Planned Communities through the Specific Plan process.

C. . Topography and Slope
The Heartland property consists of two distinct topographic features: a plateau/escarpment formation and a broad alluvial plain associated with San Timoteo Creek. The plateau formation exhibits relatively gentle sloping topography characterized by alluvial plains and terraces interspersed among low ridges and deeply incised drainages. The line of demarcation between the plateau formation and valley floor is well defined, consisting of an east - west trending ridge line/escarpment overlooking the upper reaches of San II -14 Existing Conditions

Page 245 of 1230 ends

Timoteo Canyon. The valley floor falls abruptly below the plateau formation, creating a broad alluvial plain associated with the San Timoteo Creek flood plain, see Exhibit I1-2, Topographic Map.

Elevation on the subject site ranges from 2,300 to 2,484 feet above sea level on the plateau formation to 2,300 to 2,380 feet above sea level on the valley floor. The Heartland property is dominated by relatively gentle terrain with intermediate non -consolidated areas of 25% slope totaling 89.2 acres or 21.4% of the site generally associated with ephemeral drainage. From a topographic perspective, the Heartland property exhibits relatively few constraints and limitations on the subject site's development potential. Exhibit 11-3 illustrates the areas within the subject site which possess the 25% or greater slope condition.

D. Geology and Soils
Heartland is located at the northern end of the Peninsular Ranges Geomorphic Province. The site is located in a block configuration bound by the San Andreas fault zone located approximately six miles to the northeast of the property, and the San Jacinto fault zone located approximately six miles southeast of the subject site. The San Jacinto Fault extends along the southern edge of the San Timoteo badlands. The San Jacinto fault is considered active and is contained within a special studies zone per the state's Alquist-Priolo Special Studies Zone Act. Other faults of more local significance include the Banning and Cherry Valley fault zones, which are approximately two miles north of the subject site, and are designated as County Fault Hazard Zones. Exhibit I1-4 illustrates the subject site's underlying geologic structure. The most recent geologic investigation prepared in conjunction with the Heartland Specific Plan EIR indicates that conventional earth moving techniques and equipment would be adequate to complete on -site grading of the sedimentary rock formations and the alluvial soils prominent over the subject site.

E. Hydrology
The subject site is located in the San Timoteo subarea of the Santa Ana River Regional Watershed. The subject site's major drainage/hydrology consideration is San Timoteo Creek which transverses the property in -an east -west direction. San Timoteo Creek in turn ultimately converges with the Santa Ana River at a location in San Bernardino County. In addition, there are four minor tributaries to San Timoteo Creek, which transverse the subject site. San Timoteo Creek and the four minor tributaries are ephemeral, that is flowing in direct response to area precipitation. Surface flow for all of the drainage generally occurs only after heavy precipitation and saturated soil conditions cause overland flows. However, it should be noted that Cooper's Creek has been the recipient of discharged effluent from the Existing Conditions II -15

Page 246 of 1230 ends

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City of Beaumont's waste water treatment plant and as such has exhibited unseasonable flows from an artificial source. Flooding on the subject site has historically resulted from seasonal storms, the nature of which can generally be classified into three categories: general winter storms, local storms and general summer storms. Exhibit II -5 illustrates the 100 -year storm intensity or Q factor, and the associated flood plain for San Timoteo Creek and related tributaries. It should be noted that 100 -year storm events are defined as the land area that is subject to flooding from a flood caused by a storm with a one percent statistical likelihood of occurring each year. The Heartland property drains an on- and off -site area of 15,660 acres. Currently, there are no flood control improvements and/or drainage facilities located on the subject site, and storm flows are confined within the natural streams and channels which traverse the property.

F. Biological Resources
A comprehensive biological resources survey was conducted by the firm of Tierra Madre Consultants, dated March 16, 1993. The results of this report have been summarized in the Environmental Impact Report prepared in conjunction with the Heartland Specific Plan. The following discussion identifies a number of issues that have influenced the design of the Specific Plan relative to biological resources.

1. ENDANGERED SPECIES
The biological resources evaluation identified two federally listed endangered species that could occur on -site: the Least Bell's Vireo and the Stephens' Kangaroo Rat.

Least Bell's Vireo (Vireo belli pusillus): Least Bell's Vireo was not observed during the survey. However, the oak/willow woodland riparian forest habitat, associated with Cooper's Creek located along the project's southern boundary, is extensive enough to support nesting vireos. It should be noted however, that the timing of the survey (January) was not the most conducive to observing Least Bell's Vireo and .as such a conclusive determination as to the species presence or absence has not been made.

The Specific Plan design has been sensitive to the preservation of the oak/willow woodland riparian plant community - and its potential for supporting Least Bell's Vireo by maintaining the area as a riparian corridor.

Stephen's Kangaroo Rat (SKR): An investigation of the project site for SKR was conducted by O'Farrell (1989). This survey.was referred to in a most recent study conducted by Tierra Madre Consultants, dated March 16, 1993. The survey concluded that "the current non-native vegetation on and surrounding the project site suggest that SKR was never present on the site. In addition, there is a lack of existing corridors which would negate the potential of future SKR occupation on the project site. It should II -16 Existing Conditions

Page 252 of 1230 ends

be noted that the property is outside the boundaries of the Riverside County SKR. Habitat Conservation Plan (HCP) Fee area and is apparently outside the known range of the species.

2. SENSITIVE SPECIES AND HABITAT RESOURCES
The biological survey also identified on -site flora and fauna taxa and plant communities that can be characterized as sensiti
ve trice d to
declining
butt
populations, vulnerability to habitat change or
ion.

Sensitive elements include animal movement corridors, raptor foraging habitat, riparian corridors, and areas of coastal sage/alluvial sage scrub habitat. These areas have been considered in the design of the Heartland Specific Plan towards achieving a balance between urban land use and resource preservation. Exhibit II -6 identifies the general areas of concern.

The Specific Plan design has been responsive to these biological concerns.

The retention of San Timoteo Creek in an unchannelized condition will maintain the creek's capacity as an animal movement corridor and preserve the alluvial fan sage scrub, which provides important habitat for a number of sensitive species. In addition, preservation of San Timoteo Creek in a natural open space condition will continue to provide. raptor foraging habitat opportunities; particularly for raptor species having a tolerance for human presence and/or those requiring a relatively small home range area. The Specific Plan design has been sensitive to .preservation of the oak/willow woodland riparian community by the avoidance of human intrusion.

G. Cultural/Historic Resources
At the European contact time, the subject site was within areas occupied by groups known as the 'Cahuilla, who are linguistically related to the Shoshonean language family. A cultural resource impact assessment was. prepared by Christopher E. Drover, Ph.D. (consulting archaeologist) dated February 2, 1993. The results of the study indicated that the subject site lacks any resources. of a significant nature and that no further analysis and/or mitigation is necessary. As such, cultural resources have not had an influence on the design of the Heartland Specific Plan.

From a historic resources perspective, the subject site is vacant with the exception of a ranch/farm house and appurtenant facilities, which are centrally located on the property just below a well defined east/west trending ridge line. As previously discussed, the structures lacked any value as a historic resource and were intentionally burned as part of a recent Riverside County Fire Department training exercise.

Existing Conditions II -17
Page Zb3 0t 1230

C
b4
Co astal Sage Scrub

41.1 :i
I
C ultivate d
en
Exhibit N o.: II - b

Page 254 of 1230 ends

SifigMir

H. Public Facilities

1. POLICE PROTECTION
The Heartland Specific Plan is serviced by the City of Beaumont Police Department. The Beaumont 1 llice Department. Service facility is located at. 660 Orange Avenue. The Police Department currently has 16 sworn officers.

The department also has 10 to 15 reserve officers. The current officer/citizen ratio is 1.2 per 1,000.

2. FIRE PROTECTION
The Riverside County Fire Department, in conjunction with the California Division of Forestry (CDF) currently provides service to the project area.

There are currently four fire stations providing complete fire protection including fire, public service and emergency medical aid response. Due to the size and accessibility of the Heartland project, it is anticipated that an on -site substation will not be needed and as such, the Specific Plan has not reserved a planning area for this purpose.

3. SCHOOL SERVICE
The Heartland Specific Plan is located within the jurisdiction of the Beaumont Unified School District. The Specific Plan has incorporated a 9.2 acre K-5 school site to meet the needs of Heartland's elementary aged students.

4. WATER SERVICE
The Heartland Specific Plan is located within the boundary of Beaumont - Cherry Valley Water District (BCVWD) and within the boundary of the San Gorgonio Pass Water Agency (SGPWA). BCVWD is the water retailer for the project area and SGPWA is the water wholesaler. BCVWD currently relies on extraction of groundwater from the Beaumont Groundwater Basin, Edgar Canyon and Little • San Gorgonio Canyon. SGPWA currently is in the planning stages to construct imported water facilities which will deliver water from the state water in-oject to the service area. The project proponent is participating in CFD 93-1 as a mechanism by which to fund the design and construction of regional domestic water distribution improvements.

5. SEWER SERVICE
The Heartland Specific Plan is located within the sewer service area of the City of Beaumont. I-Iowever, there are no sewer trunk mains extended to the subject site at this t.irne. The City of Beaumont currently operates a 1,000,000 -gallon per day wastewater/sewage treatment -plant -which -will 11-18 Existing Conditions

Page 255 of 1230 ends

ultimately service the Heartland development. The treatment plant in its current condition is operating over its design capacity of 826,000 gallons per day, and treated effluent from the plant does not comply with State Regional Water Quality Control Board Title 22 water quality standards. In June, 1993, the City of Beaumont formed Community Facilities District (CF'D) 93- 1, of which Heartland is a participant, and authorized the sale of sewer revenue bonds to expand the wastewater treatment plant and upgrade the treatment process to comply with State Regional Water Quality Control Board requirements. Completion of a plant expansion to 1.5 mgd is targeted for March 1995, and the Heartland project has financed and reserved capacity in the upgraded plant for its initial phases of development pursuant to CFD 93-1.

6. DRY UTILITIES
Providers of electrical, telephone and natural gas service will be Southern California Edison Company, General Telephone Company and Southern California Gas Company, respectively. Transmission lines and connection locations are discussed in more. detail in the Specific Plan section of this document.

Page 256 of 1230 ends

Existing Conditions 11-19

Ghapter III
Specfic Plan

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III. Specific Plan
This segment of the Specific Plan text will present the overall specific plan concept and provide planning standards that will be applied to the overall development of Heartland. To achieve this end, this section of the text will provide an overview of the land use plan and a brief description of each of the major land use elements. This discussion will be followed by presentation of the Plan and associated standards that will be applied to circulation, drainage, water and sewer, phasing, public facilities, grading, recreational features and amenities, conservation/open space and landscaping components. This discussion will be followed by Section 5, which will provide a more focused and detailed analysis of each of the individual planning areas in terms of land use, density, development standards/regulations and planning area specific features such as landscaping, entry monumentation, buffer treatments, etc.

A. Summary of the Plan
As discussed in the preceding sections of this text, the Heartland Specific Plan has been based on careful consideration of the subject site's existing condition relative to opportunities and constraints in addition to a comprehensive analysis of relevant engineering and planning data. The Heartland Specific Plan will reflect a mixed use master planned community in response to development trends within the Beaumont and Banning areas.

The Specific Plan will provide a diverse, high quality living environment accessible to a broad spectrum of families and individuals with an emphasis on the single family residential market. The Specific Plan will be primarily a residential development. However, in addition to residential land uses, the Specific Plan will provide 50.3 acres of industrial/business park opportunity in addition to a 11.5 acre neighborhood commercial center and a 9.2 acre elementary (K-5) school site.

The Specific Plan will retain natural amenity values within the San Timoteo Creek and related tributaries. The site's natural land forms, i.e., flood plains, riverbed escarpment, plateaus and broad washes, in addition to the areas existing and planned circulation network, have played pivotal roles in the delineation of the proposed land uses, neighborhood enclaves, circulation network and open space areas.

The Heartland Specific Plan will establish project unification and identity through design features such as architecture, signage, landscaping treatments, and entry monumentation. Exhibit III -1 in conjunction with the Land Use Summary, Exhibit III -2 illustrates the overall plan of development for Heartland. As will be discussed in more detail, lands set aside for conservation and preservation are comprised of conservation corridors consisting of wetlands preserves, multi -species animal movement corridors, III - 20 Specific Plan
age

}
San Timoteo Canyon Road
Heartland Specific Plan
Beaumont, California
`' ' t k t l /
3 C -
Scale: I" - 600'
0 300 600 900Ft
Open Spa
Specific Land Use Plan
Product Planning Acreage Density Max. Dwelling
Area Range Units
Low Density
Single Family 1 332 3A -5.0 166
2 49.6 3.1-5.0 248
Medium Density
3 4
5 50.8

50.9 23.1

4.6 :6.5

4.6 - 63

4.6 - 63
330
330
150
Subtotal
207.6 5.9 1,224
Parks and Open Space
Elementary School 6
Pasco Sports Park 7
Respite Park 8
San Timoteo Creek 9
Coopers Creek
Arterials/Collector
Roads, Parkways

9.2 23.9

1.4 6L4
10 27.6

24.3 Subtotal
147.8
Commercial
Industrial Park
Neighborhood
Commercial
11 50.3
12 11.5
Total
4172 2.9 1,224
H E A
Exhibit No.: III - 1

L A N D
Pdye 259-o
J
Prepared by Laity G„ y..i:i

Land Use Summary
Product
Max. Dwelling
Planning Area Acreage Density Range Units

LOW DENSITY
Single Family 1 33.2 3.1- 5.0 166
2 49.6 3.1-5.0 248

MEDIUM DENSITY
3 50.8 4.6 - 6.5 330
4 50.9 4.6 - 6.5 330
5 23.1 4.6-6.5 150
SUBTOTAL 207.6 5.9 1,224

PARKS AND OPEN SPACE
Elementary School 6 9.2
Paseo Sports Park 7 23.9
Respite Park 8 1.4
San Timoteo Creek .9 61.4
Coopers Creek 10 27.6
Arterials / Collector Roads, 24.3
Parkways
SUBTOTAL 147.8

COMMERCIAL
Industrial Park
Open Space
Neighborhood Commercial
11 50.3
12 11.5
TOTAL
417.2

2.9 1,224
Heartland Specific Plan
Beaumont, California

HEARTLAND
Exhibit No.: III - 2

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and undisturbed open space. Together, these components play a pivotal role in the preservation of the natural resources of the property and the region as a whole.

B. Specific Land Use Components
For the purpose of this discussion, the comprehensive land use plan as illustrated by Exhibit III -1 contained herein, has been divided into five subsections corresponding to the following:
• Residential
• Industrial
• Commercial
• Open Space and Recreation
• Circulation
• Public Facilities
1 _ SUMMARY OF RESIDENTIAL USES
Residential land uses within the Heartland Specific Phan will provide a variety of single family housing opportunities in response to -regional market factors. More specifically, the residential component will reflect a combination of low density and medium density residential land uses applied over four major lot size categories: 7,000 square feet, 6,000 square feet, 5,000 square feet and 4,500 square feet. Overall, the residential uses will establish a maximum of 1,224 dwelling units dispersed over the 417.2 acre Specific Plan site and at an overall density inclusive of the commercial and industrial areas of 2.5 dwelling units per acre and a density of 3.4 dwelling. units per acre exclusive of the commercial and industrial components.

Residential land uses will be located within five individual planning areas (see Exhibit III -1, Specific Plan Land Use Summary). Table I below identifies the various density classifications and corresponding dwelling unit counts for each of the residential classifications.

Table I - 1
Percent of
Residential Land Use Dwelling Percent Residential
Category Units of Units Acres Acres
Low Density - 7,000 sf 166 13.5 33.2 16.0
Low Density - 6,000 sf 248 20.3 49.6 23.9
Medium Density - 5,000 sf 660 54.0 101.7 50.0
Medium Density - 4,500 sf 150 12.3 23.1 11.1
Total 1224 100% 207.6 100%

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The Heartland Specific Plan residential component will consist of only one product type, single family residential. However, within this category, there will be a wide array of lot sizes and densities which will support varied detached products, each constructed in fee -simple lots with front, rear and side yard setback(s). A density range of 3.1 to 6.5 dwelling units per acre is planned and segregated into four categories. The following provides a brief description of the various single family product types.

Single Family Detached (P.A. 1) 3.1 to 5.0 DU/acre. This residential category includes a minimum lot size of 7,000 square feet intended to address the move -up single family market. These lots will accommodate production homes expected to range in size from approximately 2,000. to 3,000 square feet and may include 3 -car garages consistent with this market. This lot size/density category will have relatively large rear yards and as such accommodate pools, gazebos, patios and lawn areas.

Single Family Detached . (P.A. 2) 3.1 to 5.0 DU/acre. This residential category is intended to accommodate conventional detached homes on lots with a minimum area of 6,000 square feet. The product type has been planned as a transitional density between the =7,000 square foot and 5,000 square foot lot size categories. The lots within this density category are intended to accommodate medium priced production, one- and two-story detached homes 'anticipated to average approximately 1,800 square feet.

This product type will incorporate conventional 20 foot front yard setbacks, side yards and sufficient rear yard area to accommodate private outdoor uses and activities.

Single Family Detached (P.A. 3) 4.6 to 6.5 DU/acre. This residential category is intended to accommodate conventional detached single family residential products on lots with a minimum area of 5,000 square feet. It should be noted that the 5,000 square foot criteria represents a minimum usable pad and as such the actual lot area may exceed the 5,000 square foot criteria inclusive of side and rear yard slope areas. This design. strategy will insure that the lots, while relatively small, will maintain a viable pad area that will permit the greatest degree of design flexibility in terms of product type, footprint and setback variation. It should be noted that pads of 5,000 square feet permit product types often found on the larger 7,000 square feet lot size category and as such this description should not imply that the. 5,000 square feet category would preclude a larger product type. This residential category -represents the largest single family detached classification in terms of acreage and dwelling units allocated. The lots within this density category are intended to accommodate medium priced production, one- and two-story detached production units anticipated to average approximately 1,800 square feet. This product type will incorporate conventional front and side yard setbacks of 20 feet and 5 feet, respectively, and sufficient rear yard areas to accommodate private outdoor uses and activities.
111 - 22 Specific pia Page 262 of 1230

Single Family Detached (P.A. 5) 4.6 to 6.5 DU/acre. This residential category is intended to accommodate conventional detached houses on lots with a minimum area of 4,500 square feet. It should be noted that the 4,500. square foot criteria represents a minimum usable pad and as such the actual lot area may exceed the 4,500 square foot criteria inclusive of unusable side and rear yard slope areas. This design criteria will insure that the lots within this category, while relatively small, will maintain a viable pad area.

In addition this design strategy will enable the project proponent for Planning Area No. 5 to develop a quality product on a viable pad and respond to the entry level market. Lots within this density category are intended to accommodate entry level to median priced one- and two-story detached production units anticipated to range 1,200 and 1,800 square feet. Products in this residential category will be placed on the individual lots utilizing conventional side yard setbacks or may be oriented utilizing the zero lot line concept. The zero lot line approach will allow an opportunity to create a unit with a significant usable side yard/patio condition versus the more conventional approach that maintains two side yards, both of which are relatively unusable. Exhibit I11-47 (Zero Lot Line Residential Concept Plan), located in the architectural guidelines segment of this text, illustrates the relationship of the residential structures=to the property line. By placing one side of the structure on the property line and eliminating one side 'yard, the opposing side yard is significantly increased in terms of openness and usability, and as such the use of the pad is maximized.

2. INDUSTRIAL PARK/COMMERCIAL USES
As previously discussed, one of the objectives of the Heartland Specific Plan is to create a mixed -use balanced community. Towards that end, industrial and commercial land use components have been incorporated. into the Specific Plan. design.. The Tollowing discussion has been divided into two subsections corresponding to each respective land use.

Industrial Park Land Uses. Planning Area No. 9 will provide 49.1 acres of industrial/business park opportunity. As a non -noise sensitive land use, the industrial/business park component has been strategically located adjacent to the railroad right-of-way and segregated from the neighborhood enclaves by the San Timoteo Creek open space corridor. It is anticipated that the industrial park will support varied uses, such as research and development, warehousing activities and limited support commercial uses.

The industrial park area is accessible to San Timoteo Canyon Road and Potrero Boulevard, both having a Primary Highway General Plan classification in addition to planned linkages to the Interstate 10 freeway and State Route 60 Highway. This condition will provide excellent accessibility to and from the industrial park for the efficient access to, and movement of, products, goods and services.

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Specific Plan III - 23

Commercial Land Use. An 11.5 acre commercial center is located in Planning Area No. 10 at. the northwest corner of Potrero Boulevard and State Route 60. Given the commercial component's size configuration and location, the center can best be described as a neighborhood commercial center. Neighborhood commercial centers are typically 10 acres or less in size and have a service area/primary market radius of 2.5 miles. The heartland Commercial Center has been located so as to provide goods and services primarily for Heartland residential neighborhoods. However, given the center's proximity to and orientation towards State Route 60, the commercial component will also be easily accessible to commuters utilizing the State Route 60 corridor. The Heartland neighborhood commercial center will consist of approximately 100,000 square feet of building area with a floor area ratio of approximately 3.5 toil, and generally include a variety of retail uses, such as supermarket, drug store, cleaners, video store, barber/salon, and other service and convenience retail opportunities typical of neighborhood level commercial centers.

3. PUBLIC FACILITIES
A comprehensive infrastructure system will be developed to accommodate the on -site drainage and domestic water and sewer requirements of the Heartland community. For the purpose of the Specific Plan, these infrastructure components have. been designed conceptually and are illustrated in Exhibits III -3 through III -9. The infrastructure design will be refined in greater detail as the Heartland Specific Plan proceeds through the tentative map and final engineering phases of the process. Through the Specific Plan process, Heartland anticipates the siting and sizing of storm water, wastewater and domestic water mains and key .infrastructure facilities throughout the community. .The development of the various land use components and phases comprising the Heartland Specific Plan are tied

1.0 infrastructure availability whereby project phasing is not dependent.on a sequential approach, but rather infrastructure availability. In addition, the project proponent is participating in CFD 93-1 towards the design and construction of off -site regional urban level infrastructure improvements. - Designs of these facilities will be evaluated against and meet City, County, Regional and State criteria and standards. In addition to infrastructure considerations, a 9.2 acre elementary (K-5) school facility will be provided for in planning area No. 6 of the Specific Plan. The school facility will be constructed, in accordance with the State Department of Education standards. The timing of the school site's construction will be determined by the Beaumont Unified School District based on their needs assessment, master plan of facilities program and budgetary considerations. 111 - 24 Specific Plan

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OPEN SPACE ANI) RECREATION
A significant portion of the Specific Plan site, 152 acres or 36 percent of the project, will be retained in various forms of open space. More specifically, the Heartland Specific Plan will provide open space amenities consisting of the following components: Passive open space, respite park, paseo sports park and expanded parkway treatments. See Open Space and Recreation Exhibits contained in Section 3-7 and Section 4-7 of this text. Of the total 152 acre open space commitment, 23.9 acres are considered active recreational facilities yielding a ratio in excess of 5 acres of active recreation park facilities per 1,000 residents. Below, the various open space components are summarized.

Passive Open Space. The major focus of the passive or
undisturbed open space component is the San Timoteo Creek wash, Planning Area No. 9, which will comprise 6L4 acres and traverses the entire project site in an east -west direction.

Encroachment into the San Timoteo Creek 100 year. flood plain will be discouraged to the greatest extent possible. As such, the Specific Plan will retain San Timoteo Creek in an unchannelized natural condition. This natural drainage corridor design consideration will facilitate natural drainage patterns and ensure the continued preservation of the alluvial fan sage scrub habitat found in the alluvial plain. In addition, San Timoteo Creek's asset as a wildlife movement corridor will also be maintained.

Another important passive open space consideration is the Cooper's Creek drainage and associated riparian habitat. This area .includes 27.6 acres and consists of the actual riparian corridor in addition to an undisturbed buffer/setback area between the riparian corridor and the residential units proposed within planning area No. 4. This design consideration will facilitate natural drainage flows and ensure the continued preservation of a significant stand of high quality cottonwood forest/riparian habitat.

Respite Park. The 1.4 acre respite park (planning area No. 8) is physically linked to the industrial/business park component.of the Specific Plan and, as the name implies, will provide employees within the industrial/business park complex with an outdoor, close at hand opportunity to relax during lunch time activity and/or breaks. As such, the respite park will be semi -active and include picnic tables, trash receptacles; open cabanas, shade areas and other amenities that will enhance and accommodate lunch time and/or break time activity.

Paseo Sports Park. The 23.9 acre paseo sports park (planning area No. 7)- represents- the -centerpiece of- the Heartland active

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Specific Plan 111 - 25

recreation plan. The paseo park extends the entire length of the Specific Plan in an east -west orientation following the Arco gas line easement. The paseo park reflects a unique recreational amenity in that it provides a continuous multi -purpose trail system linked to a series of active recreational nodes, each providing a varied amenity. The most significant activity area within the paseo is the sports park component located adjacent to the Heartland elementary school. This design consideration will facilitate joint use in order to accommodate both school related activity and community oriented activity, see Exhibit IV -7b.

Another significant. feature of the paseo park is its accessibility.

The paseo sports park is centrally located anct can be accessed from every residential planning area within Heartland by non - vehicular means, such as pedestrian and bicycle. The paseo sports park trail system will also provide non -vehicular (pedestrian) area -to -area links within the Heartland community. The varied amenities provided within the paseo park in combination with the accessibility factor will ensure that quality active recreational opportunities are afforded the Heartland community and that utilization of the recreational resources : are maximized. In addition, the centralized paseo sports park design will play an important role in reducing traffic and air quality related impacts by providing on -site, pedestrian oriented and highly desirable recreation opportunities. This benefit is discussed in more detail in the Environmental Impact Report document prepared in conjunction with the Heartland Specific Plan.

Expanded Roadway. All roadways within Heartland that meet the collector street or greater criteria will incorporate an expanded parkway treatment. The expanded parkway area will be of a variable width but not less than 12 feet. The expanded parkway/open space landscape treatment will provide a visual amenity along Heartland's collector roadways and soften the transition between the .various collector roads and the adjoining residential land. uses. In addition to providing a consistent parkway landscape . treatment along the various collector roadways, this treatment will assist in promoting project unification between the various residential enclaves and planning areas.

C. General Land Use Development Standards
Project -wide development standards shall be applied towards ensuring overall design coordination of the various planning areas within the Heartland Specific Plan. The project -wide development standards will also serve to ensure the orderly development of the land use plan on a community wide basis as outlined below. The discussion - immediately following this [II - 26 Specific Plan

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section of the Specific Plan text (Chapter 4) will provide a detailed discussion of standards that will apply to each of the individual planning areas.

1. The Heartland Specific Plan shall be developed with a maximum of 1,224 dwelling units over the 417.2 acre Specific Plan area and in a manner consistent with the land use plan as illustrated by Exhibit 1II-1 and Exhibit III -2. The General Land Use categories permitted within Heartland shall include residential, commercial, industrial, recreation and public facilities.

2. Uses and development standards shall be in accordance with building standards as described in the "Development Regulations" section of the plan.

3. When any issue or condition occurs that is not provided for by these regulations, those provisions provided for by the City Code that are most applicable for the most similar issue or condition, and which do not conflict with the policies and provisions of this plan as determined by the Community Planning Director or designee, shall apply.

4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain clearance from the City of Beaumont Planning Department verifying that pertinent conditions of Specific Plan approval relative to the segment of the Specific Plan in process have been satisfied.

5. Development area boundaries shall follow the land use plan. Minor adjustments -to these boundaries resulting from final road alignments and/or technical or .engineering refinements will not require a Specific flan Amendment; and may be modified with the approval of.the Planning Director or designee as an administrative approval. Please refer to the Administration and Implementation Section (Section 6) of this text for limitations.

6. As development occurs, planning areas may be built out at less than the allocated density, creating a remainder of unbuilt dwelling units. During implementation, the City of Beaumont Planning Department shall be responsible for the monitoring and control of these residual dwelling unit entitlements. The developer may, subject to the approval of the Planning Director, draw upon the accumulated pool for use in other planning areas.

Please refer to the Administration and Implementation Section (Section 6) of this text for details and limitations.

7. Any common areas identified in the Specific Plan shall be maintained by an assessment district, community service area, homeowners' association, or similar entity as approved by the City of Beaumont, which shall assume maintenance responsibility for all common recreation and open space areas and public street_rights-of-way.. . _

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8. Passive solar heating techniques will be employed whenever reasonably possible within the project. Such techniques include building orientation, landscaping, architectural design, adequate insulation and glazing, and simple heat storage systems.

9. Mitigation measures for environmental resources shall be implemented as identified through the certified Environmental Impact Report/Mitigation Monitoring Report in applicable.planning areas.

10. At a minimum, an environmental assessment (Initial Study) or other required technical analysis shall be conducted for each tract, change of zone, plot plan, specific plan amendment, or any other discretionary permit required to implement the Specific Plan. The environmental assessment shall utilize the evaluation of impacts addressed in the certified EIR prepared for this Specific Plan (see Section 6).

11. A City Change of Zone Application, which would constitute a Specific Plan Amendment., may be required, as determined by the Planning Department, with a subsequent development application if the proposed use varies substantially from .the use(s) provided for by the zoning standards established within the Specific Plan document. Please refer to Section G, Administration and Implementation, of this text for details and limitations.

12. Lots created by subsequent tentative maps shall be in conformance with the development standards set forth in Section 5 of the Specific Plan.

13. If necessary, roadways, infrastructure, parks, open space and any other public facilities may be coordinated with, and paid for through, an assessment district, Community Facilities District, or other appropriate mechanism to facilitate construction, maintenance, and management_

14. Prior to the issuance of building permits, improvement plans for developed common areas within the specific phase of development, including landscape and irrigation plans, shall be submitted for Planning Department approval.

15. For the security and safety of future residents, the:applicant or developer shall incorporate the following design concepts within each individual tract:
• Adequate circulation for pedestrians, vehicles, police patrols and other emergency related vehicles.
• Lighting of streets, walkways, bikeways and park areas. • Appropriate fencing applications in terms of fence location, height and materials.
111 - 2/1 Snnei(ic Pinn

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D. SPECIFIC PLAN: Circulation Plan
The ensuing discussion will be divided into two subsections: Circulation Plan Description and Circulation Plan Standards.

1. CIRCULATION PLAN DESCRIP'T'ION
The circulation network within the Heartland Specific Plan will absorb approximately 24.3 acres and utilize existing and master planned right-of- ways to the greatest extent possible. The Circulation Plan as illustrated by Exhibit II1-3 establishes the roadway network - providing direct and convenient access to individual residential enclaves in addition to employment and service related land uses. This concept has been achieved through a carefully designed hierarchy of roadways which includes arterial secondary collectors and local residential streets. The cross -sections of the various roadways are illustrated by Exhibits III -4a through III -4b. In addition, the Circulation Plan incorporates a system of interconnected multipurpose trails, sidewalks and Class II bike paths.

The circulation concept has been developed in conjunction with professional traffic engineering analysis conducted by Linscott, Law and Greenspan.

Primary access to the Heartland Specific Plan will be achieved by way of Potrero Boulevard, also known as the 4th Street extension, which possesses an urban arterial highway designation (142 foot right-of-way), in conjunction with a master planned State Route GO interchange. Secondary access will be achieved by way of a northern extension of Potrero Boulevard from the proposed State Route GO interchange to San Timoteo Canyon Road. San Timoteo Canyon Road, which is also designated as an urban arterial highway, in turn is linked to the Interstate 10 freeway by way of an existing interchange. Ultimately, a third access alternative will be available to the Heartland community by way of the Jack Rabbit Trail. The third access alternative is illustrated conceptually by Exhibit 1II-3. The -precise alignment and timing will be determined by regional circulation related factors and influences. •The Heartland circulation concept and its relationship to the City of Beaumont's larger regional network is illustrated by Exhibit 111-5.

The Potrero Boulevard/State Route GO interchange and overcrossing will be phased, and as such interim improvements are . anticipated which would permit Heartland to move ahead in the development process. In terms of phased interim improvements, it is anticipated that the Potrero Boulevard/State Highway GO bridge will initially be constructed as a two-lane facility as depicted in Exhibit III -4c, Roadway Cross Section; ultimately the bridge design would reflect a four -lane facility within an -80 foot right-of-way and 72 foot curb to curb paved section. The Caltrans Project Study Report (PSR) for the above -referenced bridge is currently in process and will ultimately determine the -bridge design -and associated -transition to Potrero

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Boulevard. Additionally, it is anticipated that Potrero Boulevard would initially be improved as a two-lane/half width facility until such time that regional traffic related conditions warranted the four -lane ultimate condition or the adjacent property proceeded through the development process and provided the matching half width. Ultimately, Potrero Boulevard at San Timoteo Canyon Road will be improved to reflect a grade separation cl)I1(11tio11. In both of the ill)OVe referenced circumstances, ultimate improvements will occur as regional circulation factors and impacts warrant.

At this juncture, it is expected that the funding for the design of the. State Route GO/Potrero Boulevard interchange and crossing will be accomplished by CFD 93-1. It is anticipated that the construction of these improvements and other regional circulation facilities will be financed by CFD 93-1 or some alternative financing mechanism in conjunction with the city of Beaumont's Comprehensive Public Facilities Financing Program (CPFFP), in which Heartland will.con:tribute on a pro -rata share basis.

I-Ieartland's on -site system is designed as a hierarchy of roadways which will distribute traffic in an efficient manner and organize the project into a series of residential enclaves. The on -site circulation system is comprised of the following components.
• Potrero Boulevard. As previously indicated, Potrero Boulevard will provide the Heartland Community with a primary and secondary source of access.

Potrero Boulevard represents an urban arterial highway, consisting of a • 118 foot right-of-way, incorporating a 102 foot paved section inclusive of a 14 foot raised landscaped median. In addition, the Potrero Boulevard design will include a variable width expanded landscaped parkway treatment (12 foot minimum) with meandering sidewalk. See Exhibit III - 4b, Roadway Cross Section .G -G.

Collector Loop Road. Internal circulation will focus on the Heartland collector loop road which provides access to each of the planning areas within the Heartland community located south of San Timoteo Creek. The collector loop road will intersect with Potrero Boulevard at two locations, providing Heartland's primary and secondary market/community entries.

The collector loop road will actually consist of three separate design criteria/standards to be applied as follows.

Collector Loop Road (Primary Community Entry). At the
primary community entry, the Heartland collector loop -road will consist of a 94 foot right-of-way and a 78 foot paved section inclusive of a 14 foot raised landscaped median. The design will accommodate four travel lanes in addition to left hand turn pocket/lanes where appropriate. See Exhibit 1II-3, Circulation Plan and Exhibit III -4b, Roadway Cross Section F -F. The raised landscaped median design will provide a physical barrier between the east and west bound traffic at the Potrero. Boulevard intersection. - -In -addition,- this -design feature --will provide -a greater degree of amenity and enhance the sense of arrival at the ,�, �i,,,(1II; I!? PLAN- ('.iro121M:'^a Y'tan70 of 1230

project's primary community entry. In addition the collector loop road at this location will include an expanded parkway area of variable width but not less than 12 feet. The expanded parkway treatment will be appropriately landscaped to soften the transition between the collector loop road and the adjoining residential land uses.

Collector Loop ltoad (Secondary Community Entry). At the secondary community entry, the Heartland collector loop road will consist of a 70 foot right-of-way and a 58 foot paved section inclusive of a 14 foot raised landscaped median. See Exhibit III -3, Circulation Plan and Exhibit III -4a, Roadway Cross Section Ei - El. The design will accommodate four travel lanes in addition to left hand turn pocket/lanes where appropriate. The raised median design will provide a physical barrier between the east and west bound traffic at the Potrero Boulevard intersection (north). In addition, this design feature will provide a greater degree of amenity and enhance the sense of arrival at the project's secondary community entry. Additionally, the collector loop road at this location will include an expanded parkway area of variable width but not less than 12 feet, along the south side of the right- of-way where the collector loop road interfaces with planning areas no. 1 and no. 2. It should be noted that for public safety reasons, the collector loop road's northern parkway, interfacing with the San Timoteo Creek, will consist of a five foot landscape strip exclusive of a sidewalk or other pedestrian accommodations.

Collector Loop Road (Northern. Transition). Commencing from the first neighborhood entry into planning area no. 1, Heartland's collector loop road will transition from a 78 foot right-of-way to a GO foot right-of-way incorporating two travel lanes and two parking lanes within a 44 foot paved section. See Exhibit II1-3, Circulation Plan and Exhibit III -4b, Roadway Cross Section E2 - E2. The collector loop road (northern) transition design will eliminate the median and associated left turn pockets. However, the variable width expanded parkway area will .be maintained in order to accommodate a meandering sidewalk and to soften the transition between the collector loop road and the adjacent residential enclaves. As with the preceding cross-section design, the collector loop road transition segment's northern parkway interfaces with San Timoteo Creek for a distance of approximately 2400 feet. As such, for public safety purposes, the collector loop transition road's northern parkway will consist of a five foot landscape strip exclusive of a sidewalk or other pedestrian accommodations.

Collector Loop Road (School Site Interface). For a distance of approximately -1200 feet, the collector -loop road will interfaces with the Heartland elementary school site. See Exhibit III -3,

Page 271 of 123 ends

Circulation Plan and Exhibit I1I-4b, Roadway Cross Section E3 Ea. This segment of the collector loop road will essentially be the same as the preceding example with .the exception that the parkway area will be fitted with an expanded 10 foot sidewalk in order to accommodate the amount of pedestrian traffic anticipated to occur in conjunction with school activities, particularly arrivals and departures.

Collector Loop Road (Southern Transition). Commencing from the first neighborhood entry into planning area no. 1, the 1 leart.land collector loop road will transition from a 94 foot right- of-way to a 60 foot right-of-way, incorporating two travel lanes and two parking lanes within a 44 foot paved section, see Exhibit II1-3, Circulation Plan, and Exhibit III -4a, Roadway Cross Section D -D. The collector loop road (southern) transition design will eliminate the median and associated left turn pockets. However, the variable width expanded landscape parkway area will be maintained in order to accommodate a meandering sidewalk and to soften the transition between the collector loop road and the adjacent residential planning areas.

Collector Street. The primary function of this road segment is to collect and disperse residential trips emanating from planning area no: 1 into I-leartland's collector loop road. The collector street will consist of a 66 foot right-of-way, and accommodate two travel lanes within a 44 foot paved section. In addition, the collector street's eastern parkway will include a 9 foot expanded landscaped condition which will accommodate a meandering style sidewalk. The collector street's western parkway will consist of a more conventional 11 foot parkway inclusive of a six foot curb adjacent sidewalk. See Exhibit 1II-3, Circulation Plan and Exhibit III -4c, Roadway Section 14-14.

Local Collector Street. Local collector street will consist of 60 foot right-of- way and accommodate two lanes of traffic within a 40 foot paved section.

In addition, local collector streets will possess two 10 foot parkways inclusive of a six foot curb adjacent sidewalk. See Exhibit 111-3, Circulation Plan and Exhibit III -4a, Roadway Section C -C. The local collector street design will be applied to relatively long segments of residential streets which collect traffic from and disperse traffic to Heartland's main collector loop system.

Local Streets. Local streets will consist of a 60 foot right-of-way and accommodate two lanes of traffic within a 30 foot paved section. In addition, the local street design will possess two 12 foot parkways inclusive - of a curb adjacent sidewalk. See Exhibit III -3, Circulation Plan and Exhibit 1II-4 a, Street Cross Section B -B. The local street design alternative will be applied to residential streets of an intermittent length which collect traffic from and disperse- traffic -to- either -a local- collector street and/or I-Ieartland's primary collector loop system.

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111 Q1, CPPOIRI(' PI .AM- f:;.-,..aoi:,,.. Pk,n

Short Local Streets. Short local streets will consist of a 50 foot right-of-way and accommodate two travel lanes within a 36 foot paved section. In addition, the short local street design will possess two 7 foot parkway ways inclusive of a 6 foot curb adjacent sidewalk. The short local street alternatives will be applied in relatively short cul-de-sac conditions. See Exhibit III -3, Circulation Plan and Exhibit III -4a, Street Cross Section A- A.

Industrial "Spine" Street. The industrial spine street will parallel San Timoteo Canyon Road and provide the primary access to the various industrial park components, terminating in a cul-de-sac at the respite park, planning area no. 8. By paralleling San Timoteo Canyon Road the - industrial "spine" street serves, in effect, as a frontage road whereby future industrial parcels are provided access without impacting San Timoteo Canyon Road in terms of requiring frequent or numerous points of access.

The industrial "spine" street will consist of a GO foot right-of-way, incorporating two travel lanes and two parking lanes within a 44 foot paved section. See Exhibit III -3, Circulation .Plan and Exhibit- III -4c, Roadway Cross Section K -K. The southern parkway interfacing with San Timoteo Creek will be limited to a 5 foot landscape strip. The parkway on the north side interfacing with the industrial park planning area will be 11 feel. wide, providing adequate area for a G foot sidewalk and additional streetscaping.

Industrial Collector Street. The industrial collector street will provide a secondary source of ingress/egress for the industrial park planning area, and shunt industrial park generated traffic away from the Potrero Boulevard/San Timoteo Canyon Road intersection. The industrial collector street will consist of a 78 foot right-of-way incorporating two travel lanes and a 12 foot median within a 56 foot paved section. See Exhibit III -3, Circulation Plan and Exhibit III -4c, Roadway Cross Section M -M. In addition, the industrial collector street will possess two 11 foot parkways with adequate area to accommodate a 6 foot sidewalk and additional street scaping.

Industrial Local Street. The .industrial local street design will be applied to three cul-de-sacs emanating from the industrial "spine" street. These cul- de-sacs will provide access to industrial parcels- .as an alternative to. providing additional points of ingress/egress from San Timoteo Canyon Road. As such, this design will reduce impacts -to San Timoteo Canyon Road associated with additional right hand turn movements into. the Heartland industrial center. The industrial local street will consist of a 66 foot right-of-way with sufficient space to accommodate two lanes of traffic within a 44 foot paved section. See Circulation Plan, Exhibit 11I-3 and Exhibit 11I -4c, Roadway Cross Section L -L. The industrial local street will also incorporate two 11 foot parkways with adequate area to accommodate - a 6 foot sidewalk and additional streetscaping. - - - -

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fiPI (III IC PLAN! Circulation Plan 111 - 33

Non -vehicular Circulation. An important component to the Circulation Plan is the provision for pedestrian and bicycle oriented modes of travel. These non -vehicular opportunities compliment the overall circulation plan and include on -street bicycle lanes, multi -purpose trails and pedestrian walkways, all of which are linked to Heartland's active open space components. The provision for non -vehicular circulation opportunities will play an important role in reducing traffic and air quality related impacts as discussed in more detail in the Heartland Specific Plan Environmental - Impact Report.

Sidewalks. Sidewalks adjacent in arterial roads and the collector loop roar will feature a 5 loot meandering pathway to provide for safe pedestrian movement from the various residential enclaves to .the open space, commercial and public facility land uses. In -tract designs will provide for non -meandering sidewalks adjacent to curbs in front of residential developments. To prevent unnecessary street crossings or an "attractive nuisance" condition, residential neighborhoods will incorporate sidewalks on both sides of the street.

Multi -Purpose Trails. The 20.9 acre paseo sports park extends nearly the entire length of the Heartland Specific Plan in an east -west orientation . !Mowing the Arco gas line easement. The paseo park provides a continuous multi -purpose trail system linked to a series of active recreational nodes and par -course activities. The paseo park and related trail system can be accessed from every residential enclave without utilizing a vehicle.

Park -and Ride. Park and Ride opportunities could be incorporated into the 11 acre neighborhood commercial center and/or Heartland's industrial park complex. Mass transit will be encouraged as an alternative form of transportation by extending existing transit routes in the City of Beaumont to serve the. I leartland community. In addition it is anticipated that bus turn outs and associated shelters will be provided at key locations along heartland's collector loop system where warranted.

2. CIRCULATION PLAN STANDARDS
The following general standards shall be applied in the implementation of the Heartland Circulation Plan.

1. The Heartland Circulation Plan is based on sound planning principles in the establishment of a hierarchical circulation concept towards the safe and efficient movement of vehicular and pedestrian oriented traffic. In addition, the Heartland Circulation Plan has been further evaluated by the professional traffic engineering firm of Linscott, Law and Greenspan.

On -site roadway improvements will be developed as illustrated by Exhibit - 111-3, CircuIation Plan and -Exhibits III -4a through III -4c, - Roadway 274 of 1230
111- 34 SPECIFIC PLAN: Circulatio P P

Page 275 of 1230 ends

•41011.0111
Circulation Plan
1MEINK
A A Short Local (50' ROW)
B- B Local (60' ROW)
C - C Local Collector (60' ROW)
D - D Collector Loop (60' ROW)
1i f IMI' E1 - E1 Collector "Loop" Street
(North Entry- 70' ROW)
•••••
•+k+•
E2 - E2 Collector "Loop" Street
(60' ROW)
E3 - E3 Collector "Loop" Street
(60' ROW)
F - F Major Entrance (94' ROW)
I• G - G Urban Arterial (118' ROW)
obo❑
H - H Collector Street (66' ROW)
K - K Industrial "Spine" Street
(60' ROW)
L - L Industrial Local Street
(66' ROW)
M - M Industrial Collector Street
(78' ROW)
o O o o P1 -P1 Potrero Street Bridge and
Highway 60 (80')
P2 - P2 Potrero Street Bridge and
Highway 60 (40')

HE A R T L A N D
Exhibit No.: III - 3
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A -A Short Local
50'
36'
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R/W
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Heartland Specific Plan
Beaumont, California
6' Sidewalk
12' Min.
1 Varies
1 5'Meandering
Sidewalk
C - C Local Collector
E1 - El Collector "Loop" Street
(North Entry)
11'
70'
12'
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q.
sad
Planted
Median
Median
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Page.276 of 1230
Sidewalk (Typ.)
Not to Scale
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HE AR T L A, N D
Exhibit No.: III - 4a
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- E, Collector "Loop" Street
ww
I.
r12' Mini
!Varies
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60'
11'
44'
10' 12' 12' 10' s'
i

4. F - F Major Entrance
R!W
)2' Min.
1 Varies
78'
12' 1
rt
110'
12'
"-Median
Lane
• I Planted
Median
12'
RAW
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i
60' Pipeline
Easement
Heartland Specific Plan
Beaumont, California
- E3 Collector "Loop`` Street
11'
10' 12'
12' 10'
s'
10'
10' Sidewalk
G - G Urban Arterial
RJW
12' Min.
118'
102'.
12'
12'•
12'
12'
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IT 8'
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12' Min,
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Exhibit No.: III - 4b
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6' Sidewalk
H - H Collector Street
66'
s
6'., 10'
T
44' r
12' IT 10'
I I'
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j Lot (TYp•)
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M - M Industrial Collector Street
R/W
78'
56'
11' , 28'
5' 6'
1 28'
r 10' IT 12' IT 10'
r=�
r•
1r
r •
'6' S
6' Sidewalk
Painted Median
2'
I'
Cone. Barrier
Curb —
K - K Industrial "Spine" Street
P1 P1 Potrero Street
Bridge & Hwy 60
72'
38' 34'
T 12' 12'
10' 12'
IT
T
5'
i
Sl
2%
slope
2•'.

Heartland Specific Plan
Beaumont, California
--5' Sidewalk
—Cone. Barrier
L - L Industrial Local Street
66'
R/W
11'
5' 6'
44'
•
10'
•
IT 1?
Q
6' Sidewalk
•
1'
Conc. Barrier
Curb
•
10' 11'
6' 5'
P2 - P2 Potrero Street
Bridge & Hwy 60
40'
38'
7' 12' 5' 12'
--SI
2%
Not to Scale
2'
Removable
Metal Railing
Roadway Sections

HE A R TL A N D
Exhibit No.: III - 4c
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Exhibit No.: III - 5

Page 279 of 1230 ends

Cross -sections. Dual left turn lanes and right turn lanes will be provided as required. Potrero Boulevard and associated State Route 60 bridge may receive half width improvements until such time that regional traffic influences warrant the development of Potrero Boulevard and associated bridge be improved to their ultimate configuration. It should be noted that the traffic study prepared in conjunction with the Heartland Specific Plan FIR has concluded that the aforementioned interim improvements are satisfactory to accommodate the build -out of the entire Heartland Specific Plan.

2. 1f necessary, additional traffic; analysis may be required at. the City of Beaumont's discretion for the phase of the development in process and as more detailed development plans are available by which to identify specific design parameters, phasing details; and additional mitigation strategies.

3. Roadways that are designed to accommodate high traffic volumes shall incorporate adequate provisions for safe and convenient pedestrian crossings. This is particularly critical in close proximity to the proposed Heartland elementary school and ,the Heartland paseo sports park complex. The collector loop system shall have adequately timed signal lights and median strips or islands at intersections to allow safe pedestrian movements. Pedestrian walkways shall be clearly delineated from traffic areas and set apart where practical. Separation techniques may include landscaping and other barriers. Walkways that cross streets shall have prominent markings and good sight distances for motorists and pedestrians.

4. All subdivisions shall comply with the. street improvement recommendations outlined in the Heartland traffic study.

5. 1-leavy through traffic- volumes shall be eliminated from residential neighborhoods. Major roadways will be designed as non-access/unloaded collectors, with residential neighborhoods served by local roads.

6. All landscaping treatments associated with the Heartland circulation network shall be consistent with the Heartland landscape plan, based on the street cross-section in accordance with Roadway Landscape Treatments illustrated by Exhibits III -22 through III -32 located in the Landscape Plan section of this document.

7. The design and construction of Heartland's circulation network including off -site improvements may be funded through a Community Facilities District (CFD), Assessment District (AD), Comprehensive Public Facilities Financing Program (CPFFP) or a similar mechanism initiated by -the project proponent or the City of Beaumont. For in -tract improvements, the funding mechanism will be on a pro -rata share basis whereby the costs--a-re-equii:ably dispersed : to -and -absorbed-11y_ the_ various land _use_ components comprising the Heartland development. For off -site

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Beaumont City CouncilJuly 16, 2024

Beaumont City Council
July 16, 2024