to complete the transactions described in, or contemplated by, the Indenture or this Official Statement, restrain or enjoin the collection of the Special Taxes, or in any way contest or affect the validity of the Bonds, the Indenture, the Special Taxes, or the transactions described herein.
NO RATING
The District has not made, and does not contemplate making, an application to any rating organization for the assignment of a rating on the Bonds.
UNDERWRITING
The Bonds are being purchased by Stifel, Nicolaus & Company, Incorporated (the "Underwriter"). The Underwriter has agreed to purchase the Bonds at a price of $ (being the $ aggregate principal amount of the Bonds, less an Underwriter's discount of $ and less net original issue discount of $ ). The Bond Purchase Agreement relating to the Bonds provides that the Underwriter will purchase all of the Bonds if any are purchased, the obligation to make such purchase being subject to certain terms and conditions set forth in the Bond Purchase Agreement, the approval of certain legal matters by counsel and certain other conditions. The Underwriter's compensation is contingent upon the successful issuance of the Bonds.
Under certain circumstances, the Underwriter may offer and sell the Bonds to certain dealers and others at prices lower or yields higher than those stated on the page immediately following the cover page of this Official Statement. The offering prices may be changed from time to time by the Underwriter.
FINANCIAL INTERESTS
The fees being paid to the Underwriter and its counsel, Bond Counsel, Disclosure Counsel and the Trustee are contingent upon the issuance and delivery of the Bonds. From time to time, Stradling Yocca Carlson & Rauth LLP, represents the Underwriter on matters unrelated to the Bonds.
MUNICIPAL ADVISOR
The District has retained Urban Futures, Inc., Walnut Creek, California, as Municipal Advisor for the sale of the Bonds. The Municipal Advisor is not obligated to undertake, and has not undertaken to make, an independent verification or to assume any responsibility for the accuracy, completeness or fairness of the information contained in this Official Statement.
Urban Futures, Inc., is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal or other public securities.
MISCELLANEOUS
So far as any statements made in this Official Statement involve matters of opinion, assumptions, projections, anticipated events or estimates, whether or not expressly stated, they are set forth as such and not as presentations of fact, and actual results may differ substantially from those set forth therein. Neither this Official Statement nor any statement that may have been made verbally or in writing is to be construed as a contract with the Owners of the Bonds.
The summaries of certain provisions of the Bonds, statutes and other documents or agreements referred to in this Official Statement do not purport to be complete, and reference is made to each of them for a complete statement of their provisions. Copies are available for review by making requests to the City. 46 4887-9868-3354v10/022599-0035
The execution and delivery of this Official Statement by the City Manager of the City has been duly authorized by the City Council of the City acting in its capacity as the legislative body of the District.
CITY OF BEAUMONT COMMUNITY FACILITIES
DISTRICT NO. 93-1
By:
City Manager of the City of Beaumont
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APPENDIX A
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 17D (TOURNAMENT HILLS) OF
COMMUNITY FACILITIES DISTRICT NO. 93-1
OF THE CITY OF BEAUMONT
A Special Tax as hereinafter defined shall be levied on and collected in Improvement Area No. 17D ("IA No. 17D") of Community Facilities District No. 93-1 of the City of Beaumont ("CFD No. 93-1") each Fiscal Year, in an amount determined by the City Council of the City of Beaumont through the application of the appropriate Special Tax for "Developed Property," "Final Map Property," and "Undeveloped Property," as described below. All of the real property in IA No. 17D of CFD No. 93-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello -Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any ordinary and necessary expense incurred by the City to carry out the administration of IA No. 17D of CFD No. 93-1 related to the determination of the amount of the levy of Special Taxes, the collection of Special Taxes including the expenses of collecting delinquencies, the administration of Bonds, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of IA No. 17D, and costs otherwise incurred in order to carry out the authorized purposes of IA No. 17D.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number within the boundaries of CFD No. 93-1. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County for purposes of identification.
"Assigned Special Tax for Facilities" means the Special Tax of that name described in Section D below. "Backup Special Tax for Facilities" means the Special Tax of that name described in Section E below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other fmancial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Taxes for Facilities have been pledged.
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"Building Permit" means a permit for new construction for a residential dwelling or non-residential structure.
For purposes of this definition, "Building Permit" shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel.
"Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 93-1" means Community Facilities District No. 93-1 established by the City under the Act. "City" means the City of Beaumont.
"City Council" means the City Council of the City, acting as the Legislative Body of CFD No. 93-1, or its designee.
"Consumer Price Index" means the index published monthly by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles -Riverside -Orange County area. "County" means the County of Riverside.
"Developed Property" means all Assessor's Parcels that: (i) were issued Building Permits on or before June 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) were created on or before the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and that each such Assessor's Parcel is associated with a Lot, as reasonably determined by the City. "Exempt Property" means all Assessor's Parcels designated as being exempt from Special Tax as determined in Section J.
"Facilities and Fee Credit Agreement" means that certain Facilities and Fee Credit Agreement by and among the City, CFD No. 93-1, and Pardee Homes relating to IA No. 17D. "Final Map" means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision. "Final Map Property" means all Assessor's Parcels: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) for which a Building Permit was not issued prior to the June 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Improvement Area No. 17D" or "IA No. 17D" means Improvement Area No. 17D as depicted on the boundary map of CFD No. 93-1.
"Initial Fiscal Year" means the first Fiscal Year in which an Assessor Parcel is classified as Developed Property and is apportioned and levied a Special Tax as Developed Property.
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"Lot" means an individual legal lot created by a Final Map, identified by an Assessor's Parcel Number for which a Building Permit could be issued.
"Maximum Special Tax" means the Maximum Special Tax for Facilities and Maximum Special Tax for Services.
"Maximum Special Tax for Facilities" means the maximum Special Tax, determined in accordance with Section C that can be levied by CFD No. 93-1 in any Fiscal Year on any Assessor's Parcel. "Maximum Special Tax for Services" means the maximum Special Tax, determined in accordance with Section C that can be levied by CFD No. 93-1 in any Fiscal Year on any Assessor's Parcel. "Non -Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit was issued for any type of non-residential use.
"Operating Fund" means a fund that shall be maintained for IA No. 17D of CFD No. 93-1 for any Fiscal Year to pay for the actual costs of maintenance, repair, and replacement of the Service Area, and the Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax for Facilities obligation for an Assessor's Parcel, as described in Section H. "Prepayment Amount" means the amount required to prepay the Special Tax for Facilities obligation in full for an Assessor's Parcel, as described in Section G.
"Proportionately" means that (i) the ratio of the actual Special Tax for Facilities levy to the applicable Assigned Special Tax for Facilities is equal for all applicable Assessor's Parcels and (ii) the ratio of the actual Special Tax for Services levy to the applicable Maximum Special Tax for Services is equal for all applicable Assessor's Parcels. In case of Developed Property subject to the apportionment of the Special Tax for Facilities under step four of Section F, "Proportionately" in step four means that the quotient of (a) the actual Special Tax for Facilities levy less the Assigned Special Tax for Facilities divided by (b) the Backup Special Tax for Facilities less the Assigned Special Tax for Facilities, is equal for all applicable Assessor's Parcels. "Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential dwelling units. "Service Area" means the landscape parkways, neighborhood park, easements and green belts within the boundaries of IA No. 17D and the City of Beaumont, and IA No. 17D's fair share of storm drain and flood control facilities.
"Special Tax" means Special Tax for Facilities and Special Tax for Services. "Special Tax for Facilities" means any of the special taxes authorized to be levied by CFD No. 93-1 pursuant to the Act to fund the Special Tax Requirement for Facilities. "Special Tax for Services" means any of the special taxes authorized to be levied by CFD No. 93-1 pursuant to the Act to fund the Special Tax Requirement for Services. "Special Tax Requirement" means Special Tax Requirement for Facilities and Special Tax Requirement for Services.
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"Special Tax Requirement for Facilities" means the amount required in any Fiscal Year for IA No. 17D to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established in association with the Bonds, (v) the amount for reasonably anticipated Special tax for Facilities delinquencies based on the delinquency rate for the Special Tax levy in the previous Fiscal year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by IA No. 17D provided that the inclusion of such amount does not cause an increase in the levy of Special Tax for Facilities on Final Map Property or Undeveloped Property.
"Special Tax Requirement for Services" means the amount determined in any Fiscal Year for IA No. 17D equal to (i) the budgeted costs of the maintenance, repair and replacement of the Service Area which have been accepted and maintained or are reasonably expected to be accepted and maintained during the current Fiscal Year, (ii) Administrative Expenses, and (iii) anticipated delinquent Special Taxes for Services based on the delinquency rate in IA No. 17D for the previous Fiscal Year, less (iv) the Operating Fund Balance. "Taxable Property" means all Assessor's Parcels within CFD No. 93-1 which are not Exempt Property. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property or Final Map Property.
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2014-2015, each Assessor's Parcel within IA No. 17D shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Final Map Property or Undeveloped Property. Lastly, each Assessor's Parcel of Developed Property shall further be classified as Residential Property or Non Residential Property.
SECTION C
MAXIMUM SPECIAL TAXES
1. Developed Property
a. The Maximum Special Tax for Facilities for each Assessor's Parcel of Residential Property that is classified as Developed Property in any Fiscal Year, shall be the amount determined by the greater of (i) the application of the Assigned Special Tax for Facilities in Table 1 or (ii) the application of the Backup Special Tax for Facilities. The Maximum Special Tax for Facilities for each Assessor's Parcel ofNon-Residential Property that is classified as Developed Property in any Fiscal Year shall be the Assigned Special Tax for Facilities in Table 1 of Section D. b. Prior to the issuance of Bonds, the Assigned Special Tax for Facilities on Developed Property set forth in Table 1 and the Assigned Special Tax for Facilities on Final Map Property and Undeveloped Property set forth in Section D.2 may be reduced in accordance with, and subject to the conditions set forth in this paragraph. If it is reasonably determined by the CFD Administrator that the overlapping debt burden (as defined in the Statement of Goals and Policies for the Use of the Mello -Roos Community Facilities Act of 1982 adopted by the City Council and in effect as of the date the Resolution of Formation to establish IA No. 17D is adopted by the City Council, the "Goals and Policies") calculated pursuant to the Goals and Policies exceeds the City's maximum level objective set forth in the Goals and Policies or if requested in writing by the property owner in accordance with the Facilities and Fee Credit Agreement, the Maximum Special Tax for Facilities on Developed Property may be reduced A-4
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(by modifying Table 1) to the amount necessary to satisfy the City's objective, or such property owner's written request pursuant to the Facilities and Fee Credit Agreement, with respect to the maximum overlapping debt burden level with the written consent of the CFD Administrator.
In order to reduce the Maximum Special Tax for Facilities on Developed Property it may be necessary to reduce the Maximum Special Tax for Facilities for Final Map Property and Undeveloped Property. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded by executing a certificate in substantially the form attached hereto as Attachment No. 1. c. The Maximum Special Tax for Services for each Assessor's Parcel of Residential Property that is classified as Developed Property for Fiscal Year 2014-2015 shall be $321 per dwelling unit.
The Maximum Special Tax for Services for each Assessor's Parcel of Non -Residential Property that is classified as Developed Property for Fiscal Year 2014-2015 shall be $1,350 per Acre.
On each July 1, the Maximum Special Tax for Services for the prior Fiscal Year shall be adjusted by an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year.
2. Final Map Property
a. The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Final Map Property shall be the Assigned Special Tax for Facilities in Section D. b. The Maximum Special Tax for Services for each Assessor's Parcel classified as Final Map Property in Fiscal Year 2014-2015 shall be $1,350 per Acre. On each July 1, the Maximum Special Tax for Services for the prior Fiscal Year shall be adjusted by an amount equal to the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year.
3. Undeveloped Property
The Maximum Special Tax for Facilities for each Assessor's Parcel classified as Undeveloped Property shall be the Assigned Special Tax for Facilities in Section D.
SECTION D
ASSIGNED SPECIAL TAX FOR FACILITIES
1. Developed Property
Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities applicable to an Assessor's Parcel of Developed Property for any Fiscal Year shall be determined pursuant to Table 1 below.
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TABLE 1
ASSIGNED SPECIAL TAX RATES FOR FACILITIES FOR DEVELOPED PROPERTY Land Use Type
Building Square Footage
Assigned Special Tax for
Facilities for Fiscal Year 2014-
2015
Residential Property
Residential Property
Residential Property
Residential Property
Residential Property
Residential Property
Residential Property
Residential Property
Non -Residential
2,600
N/A
$1,653 per dwelling unit
$1,772 per dwelling unit
$1,795 per dwelling unit
$1,800 per dwelling unit
$1,810 per dwelling unit
$1,820 per dwelling unit
$1,970 per dwelling unit
$2,000 per dwelling unit
$14,866 per acre
2. Final Map Property and Undeveloped Property
Each Fiscal Year, each Assessor's Parcel of Final Map Property and Undeveloped Property shall be subject to an Assigned Special Tax for Facilities. The Assigned Special Tax for Facilities for an Assessor's Parcel classified as Final Map Property or Undeveloped Property for Fiscal Year 2014-2015 shall be $14,866 per acre.
3. Increase in the Assigned Special Tax for Facilities
On each July 1, the Assigned Special Tax for Facilities for each Assessor's Parcel of Developed Property, Final Map Property, and Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
SECTION E
BACKUP SPECIAL TAXES FOR FACILITIES
Each Fiscal Year, each Assessor's Parcel of Developed Property classified as Residential Property shall be subject to a Backup Special Tax for Facilities. In each Fiscal Year, the Backup Special Tax for Facilities rate for Developed Property classified as Residential Property within a Final Map shall be the rate per Lot calculated according to the following formula:
RxA
B
The terms above have the following meanings:
B
R
A
L
Backup Special Tax for Facilities per Lot in each Fiscal Year Maximum Special Tax for Facilities rate per Acre for Undeveloped Property for the applicable Fiscal Year
Acreage of Developed Property classified or to be classified as Residential Property in such Final Map.
Lots in the Final Map which are classified or to be classified as Residential Property.
Each July 1, the Backup Special Tax for each Assessor's Parcel shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.
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Notwithstanding the foregoing, if all or any portion of the Final Map(s) described in the preceding paragraph is subsequently changed or modified, then the Backup Special Tax for Facilities for each Assessor's Parcel of Developed Property classified or to be classified as Residential Property in such Final Map area that is changed or modified shall be a rate per square foot of Acreage calculated as follows:
1. Determine the total Backup Special Tax for Facilities anticipated to apply to the changed or modified Final Map area prior to the change or modification.
2. The result of paragraph 1 above shall be divided by the Acreage of Developed Property classified or to be classified as Residential Property which is ultimately expected to exist in such changed or modified Final Map area, as reasonably determined by the City.
3. The result of paragraph 2 above shall be divided by 43,560. The result is the Backup Special Tax for Facilities per square foot of Acreage which shall be applicable to Assessor's Parcels of Developed Property classified as Residential Property in such changed or modified Final Map area for all remaining Fiscal Years in which the Special Tax for Facilities may be levied.
SECTION F
METHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR FACILITIES AND
THE SPECIAL TAX FOR SERVICES
1. Commencing Fiscal Year 2014-2015 and for each subsequent Fiscal Year, the City Council shall levy a Special Tax for Facilities on all Taxable Property within IA No. 17D until the amount of Special Tax for Facilities equals the Special Tax Requirement for Facilities in accordance with the following steps:
Step One:
Step Two:
Step Three:
Step Four:
Step Five:
The Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax for Facilities rates in Table 1 as needed to satisfy the Special Tax Requirement for Facilities.
If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first step has been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Final Map Property, at up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities.
If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first two steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Undeveloped Property pursuant to Section J, at up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities.
If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first three steps have been completed, then for each Assessor's Parcel of Developed Property whose Maximum Special Tax for Facilities is the Backup Special Tax for Facilities shall be increased Proportionately from the Assigned Special Tax for Facilities up to 100% of the Backup Special Tax for Facilities as needed to satisfy the Special Tax Requirement for Facilities.
If additional moneys are needed to satisfy the Special Tax Requirement for Facilities after the first four steps have been completed, the Special Tax for Facilities shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property classified 4887-9868-3354v10/022599-0035
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as Undeveloped Property pursuant to Section J at up to 100% of the Assigned Special Tax for Facilities applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Facilities.
2. Commencing Fiscal Year 2014-2015 and for each subsequent Fiscal Year, the City Council shall levy a Special Tax for Services on all Taxable Property within IA No. 17D until the amount of Special Tax for Services equals the Special Tax Requirement for Services in accordance with the following steps:
Step One:
Step Two:
The Maximum Special Tax for Services shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for Services as needed to satisfy the Special Tax Requirement for Services.
If additional moneys are needed to satisfy the Special Tax Requirement for Services after the first step has been completed, the Maximum Special Tax for Services shall be levied Proportionately on each Assessor's Parcel of Final Map Property, at up to 100% of the Maximum Special Tax for Services applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement for Services.
Under no circumstances will the Special Tax for Facilities or the Special Tax for Services levied against any Assessor's Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Assessor's Parcel or Parcels within CFD No. 93-1 by more than ten (10) percent of the Special Tax that would be levied in that Fiscal Year, if there were no delinquencies, pursuant to California Government Code Section 53321(d), as in effect on the date of formation of CFD No. 93-1.
SECTION G
PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The following defmitions apply to this Section G:
"CFD Public Facilities" means $8,700,000 expressed in 2015 dollars, which shall increase by the Construction Inflation Index on January 1, 2016, and on each January 1 thereafter, or such lower number as (i) shall be determined by the City as sufficient to provide the public facilities under the authorized bonding program for CFD No. 93-1, or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture or functionally equivalent to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 93-1.
"Construction Inflation Index" means the annual percentage change in the Engineering News -Record Building Cost Index for the City of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News -Record Building Cost Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. "Outstanding Bonds" means all previously issued bonds issued and secured by the levy of Special Tax for Facilities which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding bonds to be redeemed at a later date with the proceeds of prior prepayments of the Maximum Special Tax for Facilities.
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The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property, an Assessor's Parcel of Final Map Property or Undeveloped Property for which a Building Permit has been issued or an Assessor's Parcel of Undeveloped Property that is classified as Undeveloped Property pursuant to Section J may be prepaid in full, provided that there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid. The Prepayment Amount for an Assessor's Parcel eligible for prepayment shall be determined as described below.
An owner of an Assessor's Parcel intending to prepay the Special Tax for Facilities obligation shall provide the City with written notice of intent to prepay, and within 5 days of receipt of such notice, the City shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by CFD No. 93- 1 in calculating the proper amount of a prepayment. Within 15 days of receipt of such non-refundable deposit, the City shall notify such owner of the prepayment amount of such Assessor's Parcel.
The Prepayment Amount for each applicable Assessor's Parcel shall be calculated according to the following formula (capitalized terms defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance
plus Administrative Fee
less Reserve Fund Credit
equals Prepayment Amount
As of the date of prepayment, the Prepayment Amount shall be calculated as follows:
1. For Assessor's Parcels of Developed Property, compute the Assigned Special Taxes for Facilities and the Backup Special Taxes for Facilities applicable to the Assessor's Parcel. For Assessor's Parcels of Final Map Property or Undeveloped Property, excluding any Undeveloped Property pursuant to Section J, compute the Assigned Special Tax for Facilities and the Backup Special Tax for Facilities applicable to the Assessor's Parcel as though it was already designated as Developed Property based upon the Building Permit issued or to be issued for that Assessor's Parcel. For Assessor's Parcels classified as Undeveloped Property pursuant to Section J, compute the Assigned Special Tax for Facilities.
2. For each Assessor's Parcel of Developed Property, Final Map Property, Undeveloped Property, or Undeveloped Property pursuant to Section J to be prepaid, (a) divide the Assigned Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Assigned Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City, and (b) divide the Backup Special Tax for Facilities computed pursuant to paragraph 1 for such Assessor's Parcel by the sum of the estimated Backup Special Tax for Facilities applicable to all Assessor's Parcels of Taxable Property at buildout, as reasonably determined by the City.
3. Multiply the larger quotient computed pursuant to paragraph 2(a) or 2(b) by Outstanding Bonds. The product shall be the "Bond Redemption Amount."
4. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed with the proceeds of the Bond Redemption Amount. This product is the "Redemption Premium."
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5. Compute the Future Facilities Cost.
6. Multiply the larger quotient computed pursuant to paragraph 2 (a) or 2 (b) by the amount determined pursuant to paragraph 5 to determine the Future Facilities Cost to be prepaid (the "Future Facilities Amount").
7. Compute the amount needed to pay interest on the Bond Redemption Amount to be redeemed with the proceeds of the Prepayment Amount until the earliest call date for the Outstanding Bonds.
8. Estimate the amount of interest earnings to be derived from the reinvestment of the Bond Redemption Amount plus the Redemption Premium until the earliest call date for the Outstanding Bonds.
9. Subtract the amount computed pursuant to paragraph 8 from the amount computed pursuant to paragraph 7. This difference is the "Defeasance."
10. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the "Administrative Fee."
11. Calculate the "Reserve Fund Credit" as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date. Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than 0.
12. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance, and the Administrative Fee, less the Reserve Fund Credit.
With respect to the Special Tax for Facilities obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of CFD No. 93-1 that there has been a prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax for Facilities obligation and the release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such Special Taxes for Facilities shall cease.
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.
SECTION H
PARTIAL PREPAYMENT OF SPECIAL TAX FOR FACILITIES
The Special Tax for Facilities obligation of an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a Building Permit has been issued and will be classified as Developed Property in the next Fiscal Year, as calculated in this Section H below, may be partially prepaid, provided that A-10
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there are no delinquent Special Taxes, penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the Special Tax for Facilities obligation would be prepaid.
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = ((PG — A) x F) + A
The terms above have the following meanings:
PP = the Partial Prepayment Amount.
PG = the Prepayment Amount calculated according to Section G.
F = the percent by which the owner of the Assessor's Parcel is partially prepaying the Special Tax for Facilities obligation.
A = the Administrative Fee calculated according to Section G.10.
With respect to any Assessor's Parcel that is partially prepaid, the City Council shall indicate in the records of CFD No. 93-1 that there has been a partial prepayment of the Special Tax for Facilities obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax for Facilities obligation, to indicate the partial prepayment of the Special Tax for Facilities obligation and the partial release of the Special Tax for Facilities lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay such prepaid portion of the Special Tax for Facilities for shall cease.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax for Facilities that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year.
SECTION I
TERMINATION OF SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding the Special Tax for Facilities shall be levied on all Assessors' Parcels subject to the Special Tax for Facilities. If any delinquent Special Tax for Facilities remain uncollected prior to or after all Bonds are retired, the Special Tax for Facilities may be levied to the extent necessary to reimburse CFD No. 93-1 for uncollected Special Tax for Facilities associated with the levy of such Special Taxes for Facilities. The Maximum Special Tax for Facilities shall be levied for a period not to exceed thirty-five (35) years on an Assessor's Parcel classified as Developed Property, beginning the Initial Fiscal Year, but in no event shall the Maximum Special Tax for Facilities be levied after Fiscal Year 2055-2056. The Special Tax for Services shall be levied as long as it is needed to meet the Special Tax Requirement for Services, as determined at the sole discretion of the City Council.
SECTION J
EXEMPTIONS
The City shall classify as Exempt Property (i) Assessor's Parcels owned by the State of California, Federal or other local governments, (ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels used exclusively by a homeowner's association, or (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property to less than 32.84 Acres. Notwithstanding the above, the City Council shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 32.84 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 32.84 A-11
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Acres will continue to be classified as Undeveloped Property, and will continue to be subject to Special Taxes accordingly.
SECTION K
APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 93-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s).
The City Council may interpret this IA No. 17D and the levy of Special Taxes for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the City Council shall be binding as to all persons.
SECTION L
MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 93-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
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APPENDIX B
CERTAIN ECONOMIC AND DEMOGRAPHIC INFORMATION REGARDING
The Bonds are not obligations of the City of Beaumont (the "City') or the County of Riverside (the "County') and do not represent a lien or charge against any funds or property of the City or the County. The following information is provided only to give prospective investors an overview of the general economic condition of the City, the County and the State of California (the "State').
General
The City was incorporated in 1912 under the General Laws of the State. The City is located approximately 78 miles east of Los Angeles and encompasses an area of 30.9 square miles. The City currently has an estimated population of approximately 48,401 persons.
Population
The following table offers population figures for the City, the County and the State as of January 1 for the years 2020 through 2024.
Area 2020 2021 2022 2023 2024
City of Beaumont 53,275 53,920 54,208 56,275 57,416
County of Riverside 2,418,185 2,419,165 2,427,832 2,428,580 2,442,378 State of California 39,538,223 39,327,868 39,114,785 39,061,058 39,128,162 Source: California State Department of Finance, Demographic Research Unit. March 2020 Benchmark.
Building Activity
The following tables provide summaries of the building permit valuations and the number of new dwelling units authorized in the City and County from 2019 through 2023.
BUILDING PERMIT VALUATIONS
City of Beaumont
2019-2023
2019 2020 2021 2022 2023
Valuation ($000):
Residential $159,847 $73,829 $141,171 $159,166 $161,510 Non-residential 30,156 25,559 16,448 993 97,862
Total* $190,003 $99,388 $157,619 $160,159 $259,372
Residential Units:
Single family 528 271 494 651 519
Multiple family 0 0 0 0 0
Total 528 271 494 651 519
* May not foot due to rounding.
Source: Construction Industry Research Board.
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BUILDING PERMIT VALUATIONS
County of Riverside
2019-2023
2019 2020 2021 2022 2023
Valuation ($000):
Residential
Non-residential
Total*
Residential Units:
Single family
Multiple family
Total
$2,275,405 $2,519,303 $2,262,642 $2,921,113 $3,306,086
1,285,856 1,155,968 1,543,998 1,701,618 1,676,498
$3,561,261 $3,675,272 $3,806,640 $4,622,731 $4,982,584
6,563 8,443 7,360 8,863 8,894
1,798 723 1,126 2,861 6,428
8,361 9,166 8,486 11,724 15,322
May not foot due to rounding.
Source: Construction Industry Research Board.
Employment
The following table shows the largest employers located in the County as of fiscal year 2023.
LARGEST EMPLOYERS
County of Riverside
2023
Rank Name of Business
1. County of Riverside
2. Amazon
3. March Air Reserve Base
4. Nestle UA
5. University of California, Riverside
6. State of California
7. Wal-Mart
8. Moreno Valley Unified School District
9. Kaiser Permanente Riverside Medical Center
10. Corona -Norco Unified School District
Employees
25,366
14,317
9,600
8,874
8,623
8,383
7,494
6,020
5,817
5,478
Type of Business
County Government
Online Retailer
Military Reserve Base
Food and Beverage Company
University
State Government
Supermarket
School District
Medical Center
School District
Source: County of Riverside Comprehensive Annual Financial Report for the year ending June 30, 2023. 4887-9868-3354v10/022599-0035
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Employment and Industry
Employment data by industry is not separately reported on an annual basis for the City but is compiled for the Riverside -San Bernardino -Ontario Metropolitan Statistical Area (the "MSA"), which includes all of Riverside and San Bernardino Counties. In addition to varied manufacturing employment, the MSA has large and growing commercial and service sector employment, as reflected in the table below.
The following table represents the Annual Average Labor Force and Industry Employment for the County for the period from 2019 through 2023.
RIVERSIDE -SAN BERNARDINO-ONTARIO MSA
INDUSTRY EMPLOYMENT & LABOR FORCE - BY ANNUAL AVERAGE
2019 2020 2021 2022 2023
Civilian Labor Force 2,071,600 2,091,700 2,120,600 2,148,700 2,171,500 Civilian Employment 1,987,500 1,885,400 1,964,300 2,058,400 2,068,800 Civilian Unemployment 84,000 206,200 156,300 90,200 102,700 Civilian Unemployment Rate 4.1% 9.9% 7.4% 4.2% 4.7%
Total Faun 15,400 14,100 13,700 13,800 13,100
Total Nonfarm 1,552,700 1,495,800 1,575,100 1,659,800 1,679,800 Total Private 1,291,500 1,247,800 1,333,100 1,409,800 1,418,900 Goods Producing 209,700 202,200 207,700 216,300 216,100 Mining and Logging 1,200 1,300 1,400 1,500 1,500
Construction 107,200 104,900 110,100 114,700 115,700
Manufacturing 101,300 96,000 96,100 100,000 98,900
Service Providing 1,343,000 1,293,700 1,367,400 1,443,500 1,463,700 Trade, Transportation and Utilities 395,100 406,900 443,200 464,900 456,500 Wholesale Trade 67,700 65,600 67,400 69,500 68,700
Retail Trade 180,700 168,800 177,000 181,000 182,700
Transportation, Warehousing and Utilities 146,600 172,500 198,800 214,400 205,100 Information 14,100 12,400 12,500 13,000 13,300
Financial Activities 45,000 44,100 45,200 46,000 44,900 Professional and Business Services 155,300 152,100 166,600 173,900 164,800 Educational and Health Services 250,300 248,800 254,300 267,500 287,500 Leisure and Hospitality 175,900 141,300 160,200 180,900 186,500 Other Services 46,200 40,200 43,600 47,400 49,300
Government 261,200 248,000 242,000 250,000 260,900
Total, All Industries 1,568,100 1,509,900 1,588,800 1,673,500 1,692,900 Note: Does not include proprietors, self-employed, unpaid volunteers or family workers, domestic workers in households and persons involved in labor-management trade disputes. Employment reported by place of work. Items may not add to total due to independent rounding.
The "Total, All Industries" data is not directly comparable to the employment data found in this Appendix C.
Source: State of California, Employment Development Department, March 2023 Benchmark.
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The following table summarizes the labor force, employment and unemployment figures for the period from 2019 through 2023 for the City, the County, the State and the nation as a whole.
CITY OF BEAUMONT,
COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA AND UNITED STATES
Average Annual Civilian Labor Force, Employment and Unemployment Year and Area
Unemployment
Labor Force Employment" Unemployment(2) Rate (%)(3)
2019
Beaumont 23,700 23,000 800 3.2%
Riverside County 1,108,100 1,061,500 46,600 4.2
State of California 19,409,400 18,612,600 796,800 4.1
United States 163,539,000 157,538,000 6,001,000 3.7
2020
Beaumont 23,900 21,800 2,100 8.8%
Riverside County 1,121,100 1,008,000 113,000 10.1
State of California 18,931,100 16,996,700 1,934,500 10.2 United States 160,742,000 147,795,000 12,947,000 8.1
2021
Beaumont 24,200 22,700 1,500 6.3%
Riverside County 1,130,500 1,047,700 82,800 7.3
State of California 18,923,200 17,541,900 1,381,200 7.3 United States 161,204,000 152,581,000 8,623,000 5.3
2022
Beaumont 24,600 23,700 800 3.4%
Riverside County 1,145,700 1,097,200 48,500 4.2
State of California 19,398,200 18,582,800 815,400 4.2
United States 162,075,000 155,761,000 6,314,000 3.9
2023
Beaumont 24,900 23,900 1,000 4.0%
Riverside County 1,157,900 1,102,300 55,600 4.8
State of California 19,308,300 18,388,300 920,000 4.8
United States 167,116,000 158,772,000 6,080,000 3.6
(0 Includes persons involved in labor-management trade disputes. (2) Includes all persons without jobs who are actively seeking work. (3) The unemployment rate is computed from unrounded data; therefore, it may differ from rates computed from rounded figures in this table.
Source: California Employment Development Department, March 2023 Benchmark and U.S. Department of Labor, Bureau of Labor Statistics.
Personal Income
Personal Income is the income that is received by all persons from all sources. It is calculated as the sum of wage and salary disbursements, supplements to wages and salaries, proprietors' income with inventory valuation and capital consumption adjustments, rental income of persons with capital consumption adjustment, personal dividend income, personal interest income, and personal current transfer receipts, less contributions for government social insurance.
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The personal income of an area is the income that is received by, or on behalf of, all the individuals who live in the area; therefore, the estimates of personal income are presented by the place of residence of the income recipients.
Total personal income in Riverside County increased by 31.14% between 2018 and 2022. The following tables summarize personal income for Riverside County for 2018 through 2022.
PERSONAL INCOME
Riverside County
2018-2022
(Dollars in Thousands)
Annual
Year Riverside County Percent Change
2018 $ 96,994,918 N/A
2019 103,614,307 6.8%
2020 116,939,915 12.9
2021 126,261,006 8.0
2022 127,195,983 0.7
Source: U.S. Department of Commerce, Bureau of Economic Analysis.
The following table summarizes per capita personal income for Riverside County, California and the United States for 2018-2022. This measure of income is calculated as the personal income of the residents of the area divided by the resident population of the area.
PER CAPITA PERSONAL INCOME
2018 through 2022
Riverside County, State of California and United States Year Riverside County State of California United States 2018 $40,582 $60,984 $53,309
2019 43,073 64,174 55,547
2020 48,265 70,061 59,151
2021 51,468 76,991 64,427
2022 51,415 77,036 65,473
Note: Per capita personal income was computed using Census Bureau midyear population estimates. Estimates for 2018-2022 reflect county population estimates available as of March 2021.
Source: U.S. Department of Commerce, Bureau of Economic Analysis.
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Taxable Sales
The table below presents taxable sales for the years 2019 through 2023 for the City.
TAXABLE SALES
City of Beaumont
2019-2023
(Dollars in Thousands)
Year
Permits Taxable Transactions
2019 1,441 475,414
2020 1,543 616,039
2021 1,336 1,229,150
2022 1,475 2,472,075
2023 1,605 2,321,599
Source: Sales in California, California Department of Tax and Fee Administration for 2019-2023.
The table below presents taxable sales for the years 2019 through 2023 for the County.
Year
TAXABLE SALES
County of Riverside
2019-2023
(Dollars in Thousands)
Permits Taxable Transactions
2019 64,063 $40,626,998
2020 69,284 42,313,474
2021 64,335 55,535,196
2022 66,738 62,117,153
2023 68,670 61,094,594
Source: Taxable Sales in California, California Department of Tax and Fee Administration for 2019-2023. 4887-9868-3354v10/022599-0035
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APPENDIX C
FORM OF OPINION OF BOND COUNSEL
Upon issuance of the Bonds, Stradling Yocca Carlson & Rauth LLP, Bond Counsel, proposes to render its final approving opinion in substantially the following form:
[Closing Date]
City of Beaumont
Community Facilities District No. 93-1
Beaumont, California
Re: $ City of Beaumont Community Facilities District No. 93-1 (Improvement Area No. 17D)) Special Tax Bonds, Series 2024
Ladies and Gentlemen:
We have examined the Constitution and the laws of the State of California, a certified record of the proceedings of the City of Beaumont (the "City") taken in connection with the formation of the City of Beaumont Community Facilities District No. 93-1 (the "District"), and Improvement Area No. 17D therein, and the authorization and issuance of the District's (Improvement Area No. 17D) Special Tax Bonds, Series 2024 in the aggregate principal amount of $ (the "Bonds") and such other information and documents as we consider necessary to render this opinion. In rendering this opinion, we have relied upon certain representations of fact and certifications made by the District, the City, the initial purchasers of the Bonds and others. We have not undertaken to verify through independent investigation the accuracy of the representations and certifications relied upon by us.
The Bonds have been issued pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California), a resolution adopted by the City Council of the City, acting in its capacity as the legislative body of the District (the "City Council") on , 2024 (the "Resolution"), and a Bond Indenture (the "Indenture") dated as of 1, 2024, by and between the District and Zions Bancorporation, National Association, as trustee (the "Trustee"). All capitalized terms not defined herein shall have the meaning set forth in the Indenture.
Based upon our examination of the foregoing, and in reliance thereon and on all matters of fact as we deem relevant under the circumstances, and upon consideration of applicable laws, we are of the opinion that:
(1) The Bonds have been duly and validly authorized by the District and are legal, valid and binding limited obligations of the District, enforceable in accordance with their terms and the terms of the Indenture.
The Bonds are limited obligations of the District but are not a debt of the City, the State of California or any other political subdivision thereof within the meaning of any constitutional or statutory limitation, and, except for the Net Taxes, neither the faith and credit nor the taxing power of the City, the State of California, or any of its political subdivisions is pledged for the payment thereof. (2) The Indenture has been duly executed and delivered by the District. The Indenture creates a valid pledge of, and the Bonds are secured by, the Net Taxes and the amounts on deposit in certain funds and accounts established under the Indenture, as and to the extent provided in the Indenture. The Indenture is enforceable in accordance with its terms; provided, however, we express no opinion as to the enforceability of the covenant of the District contained in the Indenture to levy Special Taxes for the payment of Administrative C-1
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Expenses or as to indemnification, penalty, contribution, choice of law, choice of forum or waiver provisions contained therein.
(3) Under existing statutes, regulations, rulings and judicial decisions, interest (and original issue discount) on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals; however, it should be noted that, with respect to applicable corporations as defined in Section 59(k) of the Internal Revenue Code of 1986, as amended (the "Code"), interest (and original issue discount) with respect to the Bonds might be taken into account in determining adjusted financial statement income for purposes of computing the alternative minimum tax imposed on such corporations.
(4) Interest (and original issue discount) on the Bonds is exempt from State of California personal income tax.
(5) The difference between the issue price of a Bond (the first price at which a substantial amount of the Bonds of a maturity are to be sold to the public) and the stated redemption price at maturity with respect to such Bond constitutes original issue discount. Original issue discount accrues under a constant yield method, and original issue discount will accrue to a Bond Owner before receipt of cash attributable to such excludable income. The amount of original issue discount deemed received by a Bond Owner will increase the Bond Owner's basis in the applicable Bond.
(6) The amount by which a Bond Owner's original basis for determining loss on sale or exchange in the applicable Bond (generally the purchase price) exceeds the amount payable on maturity (or on an earlier call date) constitutes amortizable Bond premium which must be amortized under Section 171 of the Code; such amortizable Bond premium reduces the Bond Owner's basis in the applicable Bond (and the amount of tax- exempt interest received), and is not deductible for federal income tax purposes. The basis reduction as a result of the amortization of Bond premium may result in a Bond Owner realizing a taxable gain when a Bond is sold by the Owner for an amount equal to or less (under certain circumstances) than the original cost of the Bond to the Owner.
The opinions expressed in paragraphs (3) and (5) above as to the exclusion from gross income for federal income tax purposes of interest (and original issue discount) on the Bonds is subject to the condition that the District and the City comply with all requirements of the Code, that must be satisfied subsequent to the issuance of the Bonds to assure that such interest (and original issue discount) will not become includable in gross income for federal income tax purposes. Failure to comply with such requirements of the Code might cause interest (and original issue discount) on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The District and the City have covenanted to comply with all such requirements. Except as set forth in paragraphs (3), (4), (5) and (6) above, we express no opinion as to any tax consequences related to the Bonds.
Certain agreements, requirements and procedures contained or referred to in the Indenture, the Tax Certificate executed by the District and the City and other documents related to the Bonds may be changed and certain actions may be taken or omitted, under the circumstances and subject to the terms and conditions set forth in such documents. We express no opinion as to the effect on the exclusion from gross income for federal income tax purposes of interest (and original issue discount) on any Bond if any such change occurs or action is taken or omitted upon advice or approval of bond counsel other than Stradling Yocca Carlson & Rauth LLP.
Our opinion is limited to matters governed by the laws of the State of California and federal law. We assume no responsibility with respect to the applicability or the effect of the laws of any other jurisdiction. We call attention to the fact that the rights and obligations under the Bonds, the Indenture and the Tax Certificate may be limited by bankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium and other laws relating to or affecting creditors' rights, by the application of equitable principles and the exercise of C-2
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judicial discretion in appropriate cases and by the limitations on legal remedies against public agencies in the State of California.
We express no opinion herein as to the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds and expressly disclaim any duty to advise the Owners of the Bonds with respect to matters contained in the Official Statement or other offering material.
The opinions expressed herein are based upon an analysis of existing statutes, regulations, rulings and judicial decisions and cover certain matters not directly addressed by such authorities. Such opinions may be affected by actions taken (or not taken) or events occurring (or not occurring) after the date hereof. We have not undertaken to determine, or to inform any person, whether such actions or events are taken (or not taken) or do occur (or do not occur).
Respectfully submitted,
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APPENDIX D
APPRAISAL REPORT
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APPENDIX E
SUMMARY OF THE INDENTURE
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APPENDIX F
FORM OF DISTRICT CONTINUING DISCLOSURE CERTIFICATE
THIS CONTINUING DISCLOSURE CERTIFICATE (this "Disclosure Certificate"), dated , 2024, is executed and delivered by the City of Beaumont Community Facilities District No. 93-1 (the "District") in connection with the issuance of the City of Beaumont Community Facilities District No. 93-1 (Improvement Area No. 17D) Special Tax Bonds, Series 2024 (the "Bonds"). The Bonds are being issued pursuant to a Resolution of Issuance adopted by the City Council of the City of Beaumont, acting as the legislative body of the District on , 2024 and a Bond Indenture by and between the District and Zions Bancorporation, National Association, as Trustee, dated as of 1, 2024 (the "Indenture").
The District covenants as follows:
SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered, for the benefit of the Owners and Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with the Rule.
SECTION 2. Definitions. In addition to the definitions set forth in the Indenture and the Rate and Method of Apportionment, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the District pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate.
"Beneficial Owner" shall mean any person who (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including a person holding Bond through a nominee, depository or other intermediary), or (b) is treated as the owner of any Bond for federal income purposes.
"City" shall mean the City of Beaumont, County of Riverside, California. "Disclosure Representative" shall mean the City Manager of the City, or such other officer or employee as the District shall designate in writing to the Dissemination Agent from time to time. "Dissemination Agent" shall mean, initially, Spicer Consulting Group, LLC, or any successor Dissemination Agent designed in writing by the District. "EMMA" shall mean the Electronic Municipal Market Access System of the Municipal Securities Rulemaking Board, which can be found at www.emma.msrb.org , or any other repository of disclosure information that may be designated by the Securities and Exchange Commission in the future. "Financial Obligation" shall mean a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term financial obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. "Improvement Area No. 17D" shall mean Improvement Area No. 17D of the District. "Listed Events" shall mean any of the events listed in Section 5 of this Disclosure Certificate.
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"MSRB" shall mean the Municipal Securities Rulemaking Board or any other entity designated or authorized by the Securities and Exchange Commission to receive reports pursuant to the Rule. Until otherwise designated by the MSRB or the Securities and Exchange Commission, filings with the MSRB are to be made through the Electronic Municipal Market Access (EMMA) website of the MSRB, currently located at http://emma.msrb.org .
"Official Statement" shall mean the District's official statement with respect to the Bonds. "Participating Underwriter" shall mean Stifel, Nicolaus & Company, Incorporated. "Rate and Method of Apportionment" means that certain Rate and Method of Apportionment of Special Tax approved pursuant to the Resolution of Formation.
"Resolution of Formation" means the resolutions adopted by the City Council pursuant to which the City Council formed the District and Improvement Area No. 17D therein and undertook certain change proceedings with respect to the District and Improvement Area No. 17D. "Rule" shall mean Rule 15c2 -12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time.
SECTION 3. Provision of Annual Reports.
(a) Not later than February 10 of each year, commencing February 10, 2025, the District shall, or shall cause the Dissemination Agent to, provide to EMMA and the Participating Underwriter an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. If the Dissemination Agent is other than the District, then not later than 15 business days prior to the date referred to in the prior sentence hereof, the District shall provide the Annual Report (in a form suitable for filing with EMMA) to the Dissemination Agent. The Annual Report may be submitted as a single document or as separate documents comprising a package and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the District may be submitted separately from and later than the balance of the Annual Report if they are not available by the date required above for the filing of the Annual Report.
(b) In the event that the Dissemination Agent is an entity other than the District, then the provisions of this Section 3(b) shall apply. Not later than fifteen (15) Business Days prior to the date specified in subsection (a) for providing the Annual Report, the District shall provide the Annual Report to the Dissemination Agent. If by fifteen (15) Business Days prior to the due date for an Annual Report the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall contact the District to determine if the District will be filing the Annual Report in compliance with subsection (a). The District shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent may conclusively rely upon such certification of the District and shall have no duty or obligation to review such Annual Report.
(c) If the Dissemination Agent is other than the District and if the Dissemination Agent is unable to verify that an Annual Report has been provided to EMMA by the date required in subsection (a), the Dissemination Agent shall send a notice in a timely manner to EMMA, in the form required by EMMA. If the District acts as its own Dissemination Agent, it shall file a notice with EMMA no later than the date specified in subsection (a) for filing an Annual Report if the District fails to file the Annual Report by that date.
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(d) If the Dissemination Agent is other than the District, the Dissemination Agent shall:
(i) determine each year prior to the date for providing the Annual Report the name and address of the repository if other than the MSRB through EMMA; and (ii) promptly after receipt of the Annual Report, file a report with the District certifying that the Annual Report has been provided to EMMA and the date it was provided. (e) Notwithstanding any other provision of this Disclosure Certificate, all filings shall be made in accordance with the MSRB's EMMA system or in another manner approved under the Rule.
SECTION 4. Content of Annual Reports. The Annual Report shall contain or include by reference:
(a) Financial Statements. The audited financial statements of the District, if any, for the prior fiscal year, prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board. If the District's audited financial statements, if any are prepared, are not available by the time the Annual Report is required to be filed pursuant to Section 3, the Annual Report shall contain unaudited financial statements, and the audited financial statements shall be filed in the same manner as the Annual Report when they come available. (b) Financial and Operating Data. The Annual Report shall contain or incorporate by reference the following information:
(i)
of the Annual Report;
the principal amount of Bonds outstanding as of the September 2 preceding the filing (ii) the balance in each fund under the Indenture as of the September 2 preceding the filing of the Annual Report;
(iii) the aggregate assessed valuation of the Taxable Property within Improvement Area No. 17D;
(iv) any changes to the Rate and Method of Apportionment of the Special Tax approved or submitted to the qualified electors for approval prior to the filing of the Annual Report; (v) a table setting forth the annual Special Tax delinquency rate within Improvement Area No. 17D at June 30 for each fiscal year on which a delinquency exists, listing for each fiscal year the total Special Tax levy, the amount delinquent and the percent delinquent; (vi) the status of any foreclosure actions being pursued by the District with respect to delinquent Special Taxes within Improvement Area No. 17D; and (vii) an update of the value -to -lien of the property within Improvement Area No. 17D based on the assessed value and the Special Tax levy for then current fiscal year, which update may be provided in a form similar to Table 2 in the Official Statement; provided that such update need not include overlapping special tax, assessment or general obligation indebtedness.
(c) Any or all of the items listed in (a) or (b) above may be included by specific reference to other documents, including official statements of debt issues of the District or related public entities, which have been submitted to EMMA or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB through EMMA. The District shall clearly identify each such other document so included by reference.
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SECTION 5. Reporting of Significant Events.
(a) Pursuant to the provisions of this Section 5, the District shall give, or cause the Dissemination Agent to give, notice to EMMA in a timely manner not in excess of ten (10) business days after the occurrence of any of the following events with respect to the Bonds:
1. principal and interest payment delinquencies;
2. unscheduled draws on debt service reserves reflecting financial difficulties;
3. unscheduled draws on credit enhancements reflecting financial difficulties;
4. substitution of credit or liquidity providers, or their failure to perform;
5. adverse tax opinions or the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds;
6. defeasances;
7. tender offers;
8. bankruptcy, insolvency, receivership or similar proceedings;
9. ratings changes; and
10. default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the obligated person, any of which reflect financial difficulties.
(b) Additionally, the District shall give or cause the Dissemination Agent to give notice to EMMA in a timely manner not in excess of ten (10) business days after the occurrence of any of the following events with respect to the Bonds, if material:
1. mergers, consolidations, acquisitions, the sale of all or substantially all of the assets of the obligated persons or their termination;
2. appointment of a successor or additional fiscal agent or the change of the name of a fiscal agent;
3. nonpayment related defaults;
4. modifications to the rights of Bondholders;
5. bond calls;
6. release, substitution or sale of property securing repayment of the Bonds; and
7. incurrence of a Financial Obligation of the obligated person, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the obligated person, any of which affect security holders.
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(c) In the event that the District's fiscal year changes, the District shall report or shall instruct the Dissemination Agent to report such change in the same manner and to the same parties as Listed Events would be reported pursuant to this Section.
(d) The District hereby agrees that the undertaking set forth in this Disclosure Certificate is the responsibility of the District, and the Dissemination Agent, if other than the District, shall not be responsible for determining whether the District's instructions to the Dissemination Agent under this Section comply with the requirements of the Rule.
SECTION 6. Termination of Reporting Obli ate. The obligations of the District and the Dissemination Agent under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the District shall give notice of such termination in the same manner as for a Listed Event under Section
5. SECTION 7. Dissemination Agent. The District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under the Disclosure Certificate, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be Spicer Consulting Group, LLC. The Dissemination Agent may resign by providing (i) thirty days written notice to the District, and (ii) upon appointment of a new Dissemination Agent hereunder.
SECTION 8. Amendment.
(a) This Disclosure Certificate may be amended, by written agreement of the parties, without the consent of the Owners, and any provision of this Disclosure Certificate may be waived, if all of the following conditions are satisfied: (1) such amendment or waiver is made in connection with a change in circumstances that arises from a change in legal (including regulatory) requirements, a change in law, or a change in the identity, nature or status of the District or the type of business conducted thereby, (2) the undertakings in this Disclosure Certificate as so amended or waived would, in the opinion of a nationally recognized bond counsel, have complied with the requirements of the Rule as of the date of this Disclosure Certificate, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances, and (3) the amendment or waiver either (i) is approved by the Owners of the Bonds in the same manner as provided in the Indenture for amendments to the Indenture with the consent of Owners or (ii) does not, in the determination of the District, materially impair the interests of the Owners or Beneficial Owners of the Bonds. (b) To the extent any amendment to this Disclosure Certificate results in a change in the type of financial information or operating data provided pursuant to this Disclosure Certificate, the first Annual Report provided thereafter shall include a narrative explanation of the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. (c) If an amendment is made to the basis on which financial statements are prepared, the Annual Report for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. Such comparison shall include a quantitative and, to the extent reasonably feasible, qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information.
SECTION 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the District chooses to include any information in any Annual Report or notice of occurrence of F-5
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a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the District shall have no obligation under this Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event.
SECTION 10. Default. In the event of a failure of the District or the Dissemination Agent to comply with any provision of this Disclosure Certificate, any Owner or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District and/or the Dissemination Agent to comply with their respective obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Certificate in the event of any failure of the District or the Dissemination Agent to comply with this Disclosure Certificate shall be an action to compel performance.
SECTION 11. Duties, Immunities and Liabilities of Dissemination Agent. Where an entity other than the District is acting as the Dissemination Agent, the Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the District agrees to indemnify and save the Dissemination Agent and its officers, directors, employees and agents, harmless against any loss, expense and liabilities which they may incur arising out of or in the exercise or performance of their powers and duties hereunder, including the costs and expenses (including attorney's fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. Any Dissemination Agent shall be paid (i) compensation by the District for its services provided hereunder in accordance with a schedule of fees to be mutually agreed to; and (ii) all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall have no duty or obligation to review any information provided to it by the District pursuant to this Disclosure Certificate. The obligations of the District under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. No person shall have any right to commence any action against the Dissemination Agent seeking any remedy other than to compel specific performance of this Disclosure Certificate. The Dissemination Agent shall not be liable under any circumstances for monetary damages to any person for any breach under this Disclosure Certificate.
SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Dissemination Agent, the Participating Underwriter and Owners and Beneficial Owners from time to time of the Bonds; and it shall create no rights in any other person or entity.
SECTION 13. Merger. Any person succeeding to all or substantially all of the Dissemination Agent's corporate trust business shall be the successor Dissemination Agent without the filing of any paper or any further act.
This Disclosure Certificate is executed as of the date and year first set forth above.
CITY OF BEAUMONT COMMUNITY
FACILITIES DISTRICT NO. 93-1
By:
Disclosure Representative
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APPENDIX G
BOOK -ENTRY ONLY SYSTEM
The information in this Appendix concerning DTC and DTC's book -entry only system has been obtained from sources that the District and the Underwriter believe to be reliable, but neither the District nor the Underwriter takes any responsibility for the completeness or accuracy thereof The following description of the procedures and record keeping with respect to beneficial ownership interests in the Bonds, payment of principal, premium, if any, accreted value and interest on the Bonds to DTC Participants or Beneficial Owners, confirmation and transfers of beneficial ownership interests in the Bonds and other related transactions by and between DTC, the DTC Participants and the Beneficial Owners is based solely on information provided by DTC.
The Depository Trust Company ("DTC"), New York, NY, will act as securities depository for the Bonds.
The Bonds will be issued as fully -registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully registered bond will be issued for each annual maturity of the Bonds, each in the aggregate principal amount of such annual maturity, and will be deposited with DTC.
DTC, the world's largest securities depository, is a limited -purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934.
DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). DTC has a Standard & Poor's rating of AA+. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com .
Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of each Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Bonds, except in the event that use of the book -entry system for the Bonds is discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.
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Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time.
Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as redemptions, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them.
Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed.
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC's MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the District as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy).
Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the District or the Trustee, on payable date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Trustee, or the District, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the District or the Trustee, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
A Bond Owner shall give notice to elect to have its Bonds purchased or tendered, through its Participant, to the Trustee, and shall effect delivery of such Bonds by causing the Direct Participant to transfer the Participant's interest in the Bonds, on DTC's records, to the Trustee. The requirement for physical delivery of Bonds in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Bonds are transferred by Direct Participants on DTC's records and followed by a book -entry credit of tendered Bonds to the Trustee's DTC account.
DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the District or the Trustee. Under such circumstances, in the event that a successor depository is not obtained, physical certificates are required to be printed and delivered.
The District may decide to discontinue use of the system of book -entry only transfers through DTC (or a successor securities depository). In that event, bonds will be printed and delivered to DTC.
THE TRUSTEE, AS LONG AS A BOOK -ENTRY ONLY SYSTEM IS USED FOR THE BONDS, WILL SEND ANY NOTICE OF REDEMPTION OR OTHER NOTICES TO OWNERS ONLY TO DTC. ANY FAILURE
OF DTC TO ADVISE ANY DTC PARTICIPANT, OR OF ANY DTC PARTICIPANT TO NOTIFY ANY
BENEFICIAL OWNER, OF ANY NOTICE AND ITS CONTENT OR EFFECT WILL NOT AFFECT THE
VALIDITY OF SUFFICIENCY OF THE PROCEEDINGS RELATING TO THE REDEMPTION OF THE BONDS CALLED FOR REDEMPTION OR OF ANY OTHER ACTION PREMISED ON SUCH NOTICE.
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APPENDIX H
SECURITIES AND EXCHANGE COMMISSION ORDER
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4887-9868-3354v10/022599-0035
City of Beaumont
Community Facilities District No. 93-1
(Improvement Area No. 17D)
Special Tax Bonds, Series 2024
October 15, 2024
BEAUMONT
UFI Stradling STIFEL
w Financial Solutions Attorneys at Law
SPICER
CONSULTING GROUP
Table of Contents
Financing Overview
SEC Compliance, Items Subject to Council Approval
Financing Details and Tentative Schedule
Financing Overview
Project and Development Summary
Improvement Area 17D formed on May 19, 2015
Consists of the final subdivision of the Tournament Hills master planned community ("Tournament Hills")
Planned for 268 single family homes being developed by Tri Pointe ► Development and ownership status as of July 31, 2024:
202 completed and conveyed to individual homeowners
1 model home owned by Tri Pointe
63 under construction
2 finished lots
Additional 27 closings as of September 22, 2024 for a total of 229 Tri Pointe expects to complete and convey all remaining homes to individual homeowners by the second quarter of 2025
Financing Overview
► Not to exceed par amount of $25,000,000 approved at formation 2024 Bonds are expected to be issued in an amount of $9,400,000* Additional Parity Bonds for refunding purposes only
2024 Bonds will be structured so that special taxes will provide 1.10x coverage on annual debt payments and expected administrative expenses
Special Tax includes 2% escalation pursuant to the Rate and Method of Apportionment and an existing agreement with Tri Pointe Last remaining 93-1 IA issuance with an escalator
Authorized facilities financed with bond proceeds: primarily street improvements, as well as storm drain, sewer and other improvements Includes capital improvements financed with Development Impact Fees Select bond statistics provided on slide 11
*Preliminary and subject to change. Based on market conditions as of September 12, 2024.
S
Pardee Homes Settlement Agreement
Pardee Homes (now Tri Pointe) and the City entered into Development Agreements (DAs) for Sundance and
Tournament Hills communities
The DAs required the City to form CFDs to finance facilities and fees
In February 2017, the City and Pardee Homes entered into a Settlement Agreement to resolve certain disputes related to the infrastructure financing provisions of the DAs related to CFD 93-1 IA's 8, 8A, 8B, 8C, 8D, 8E, 8F, 17A, 17B, 17C and 17D Pardee Homes agreed to advance DIF and/or build public
infrastructure for the City and release claims against City 2024 Bonds are being issued in accordance with the
Settlement Agreement
SEC Compliance, Items Subject to
Council Approval
Securities and Exchange Commission Compliance
The Preliminary Official Statement and Official Statement contain SEC mandated disclosure related to the Cease -and -Desist Order and the Beaumont Financing Authority's compliance history with its continuing disclosure undertakings
► The City has and will comply with its disclosure policies and the SEC Cease -and -Desist Order
The Official Statement was reviewed by the financing team City staff and City Council have received disclosure training
Items Subject to City Council Approval
Resolution of the City Council of the City of Beaumont
Authorizing the issuance of the 2024 Bonds in an amount not to exceed $10,500,000
Approving certain documents and taking certain other actions Documents:
Preliminary Official Statement
Bond Indenture
Acquisition Agreement
Bond Purchase Agreement
Continuing Disclosure Certificate
Other Actions:
Hiring of financing team
Compliance with Debt Issuance and Management Policy
Acknowledgment of Good Faith Estimates
Financing Details and Schedule
Select Financing Statistics
Par Amount: $9,400,000*
True Interest Cost: 4.78%*
Final Maturity: September 1, 2054
Net Special Taxes will provide 1.10x coverage on annual debt payments Estimated Special Taxes and Debt Payments
Debt Payments Projected Special Taxes
,,, $1.0
0 $0.8
$0.6
$0.4
$0.2
$0.0
iiiiillllll
l.n N rn %-I M UI N CA m Ln N rn m
N N N m m m m m 111 i-n
000000000000000
N N N N N N N N N N N N N N N
*Preliminary and subject to change. Based on market conditions as of September 12, 2024 11
Estimated Costs of Issuance
Issuance costs in line with past, similarly sized City CFD financings Estimated Issuance Costs*
Ma
Role
Bond/Disclosure Counsel
Municipal Advisor
Underwriter
Special Tax Consultant
Appraiser
Trustee
Printer
Contingency
Estimated Costs
Party
Stradling
Urban Futures
Stifel
Spicer Consulting Group
Integra
Zions Bancorporation
To be determined
*Preliminary and subject to change. Based on market conditions as of September 12, 2024
Total
$85,000
47,500
122,200
25,000
20,000
5,100
2,500
4, 900
$312,200
Financing Schedule
Assuming approval this evening, the 2024 Bonds are expected to price the week of October 21st and close two weeks later
Tuesday, October 15th City Council meeting
Wednesday, October 16th
Week of October 21St
Post Preliminary Official Statement
(make available to prospective investors)
Pricing of 2024 Bonds
Week of November 4th Settlement of 2024 Bonds
*Preliminary and subject to change.
BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE October 15, 2024
SUBJECT: Approval of Requisition No. 2 for Reimbursement of Bond Proceeds in the Amount of $8,250,000
Description Approve the requisition to Zions Bank to release $8,250,000 2016-3 bond proceeds to reimburse Tri Pointe Homes IE-SD Project Costs per Settlement Agreement Dated February 7, 2017.
Background and Analysis:
On February 7, 2017, the City Council approved a Settlement Agreement with Pardee Homes, now Tri Pointe Homes IE-SD Inc. (Tri Pointe), which states that costs incurred, and funds advanced by developer for Development Impact Fee (DIF) improvements shall be reimbursed with the proceeds of special taxes or bonds.
On May 2, 2023, the City Council approved Acquisition Agreement for Community Facilities District No. 2016-3 (Sundance) and Authorized the Issuance of its Special Tax Bonds, Series 2023.The Acquisition Agreement established the terms pursuant to which the District would reimburse Tri Pointe for eligible facilities which Tri Pointe has completed and conveyed to the City for certain development impact fees paid by Tri Pointe.
On September 18, 2024, Tri Pointe submitted a reimbursement request in the amount of $8,250,000, which amount has previously been paid to the City for DIFs or as an advance (as defined in the Acquisition Agreement) dated as of May 1, 2023, relating to the City of Beaumont Community Facilities District No. 2016-3 (Sundance).
As per the City of Beaumont's 2018-03 Restated Bond Accounting Policies and Procedures, trustee notification documents are to be presented to City Council for approval. Written requisition is to be signed by an authorized representative.
Fiscal Impact:
The estimated cost to prepare this report is $245. There is no fiscal impact to the General Fund. The $8,250,000 reimbursement of bond proceeds will reduce the construction fund account held by trustee and accounted for in the CFD Facilities fiduciary fund.
Recommended Action:
Approve the City Manager to sign Requisition No. 2 to send to Trustee for disbursement of bond proceeds to the City of Beaumont.
Attachments:
A. Written Requisition of City of Beaumont Community Facilities District No. 2016-3 (Sundance) 2023 Special Tac Bonds
REQUISITION FOR DISBURSEMENT OF PROJECT COSTS
$8,800,000
CITY OF BEAUMONT COMMUNITY FACILITIES DISTRICT NO. 2016-3 (SUNDANCE) 2023 SPECIAL TAX BONDS
CITY FACILITIES ACCOUNT #0860325E
Zions Bancorporation, National Association, as successor trustee to Wilmington Trust, National Association (the "Trustee"), is hereby requested to pay from the City Facilities Account of the City of Beaumont Community Facilities District No. 2016-3 (Sundance) Acquisition and Construction Fund, established by the Bond Indenture, dated as of May 1, 2023, by and between the Trustee and City of Beaumont Community Facilities District No. 2016-3 (Sundance) (the "District"), the amount specified to the payee named below for payment of the Project Costs set forth in Attachment No. 1 hereto.
Payee: City of Beaumont
Address: 550 E 6th Street, Beaumont, CA 92223
Purpose: Reimbursement of project costs to Tri Pointe Homes Amount: $8,250,000
The amount is due and payable under purchase order, contract or other authorization and has not formed the basis of any prior request for payment. The conditions for the release of this amount from the City Facilities Account, including those conditions in Section 3.9(b) of the Indenture have been satisfied.
\Vith respect to this Requisition, the District (i) certifies that it has reviewed any wire instructions set forth in such Requisition to confirm such wire instructions are accurate, (ii) agrees to indemnify and hold harmless the Trustee from and against any and all claim, demand, loss, liability, or expense sustained, including but not limited to attorneys' fees and expenses, resulting directly or indirectly as a result of making the requested disbursement, and (iii) agrees that it will not seek recourse from the Trustee as a result of losses incurred by it for making the disbursement in accordance with this Requisition.
There has not been filed with nor served upon the District notice of any lien, right to lien or attachment upon, or stop notice or claim affecting the right to receive payment of the amount specified above which has not been released or will not be released simultaneously with the payment of such amount, other than materialmen's or mechanic's liens accruing by mere operation of law.
Dated: CITY OF BEAUMONT COMMUNITY FACILITIES
DISTRICT NO. 2016-3 (SUNDANCE)
By:
Name:
Title:
4894-8942-0091/022599-0033
B-1
pointe®
HOME
City of Beaumont
550 East 6th Street
Beaumont, CA 92223
Attn: Jennifer Ustation, Finance Director
September 16, 2024
Re: Community Facilities District No. 2016-3 Series 1 Reimbursement Pursuant to our meeting with City staff on September 9, 2024, Tri Pointe Homes 1E -SD Inc. a California Corporation, is requesting DIF fee reimbursement from the following Improvement Areas:
Imp Area 2016-2 DIF = $1,592,939.59
Imp Area 2016-3 DIF = $6,657,060.41
Total Payment Reguest = $8,250,000.00
Please wire the funds to:
[PLEASE SEE ATTCHED WIRE INSTRUCTIONS]
Backup documentation supporting this reimbursement request is included herein. If you have any questions or require additional information, please do not hesitate to contact Jeff Chambers at 949) 677- 1080.
Kind Regards,
TRI POINTE HOMES IE-SD Inc. A CALIFORNIA CORPORATION
Michael C. Taylor
Division President
1250 Corona Pointe Court, #600
Corona, CA 92879
From: Jennifer Ustation
Sent: Monday, September 9, 2024 5:07 PM
To: Jeff Chambers
Cc: Michael Heishman; Zachary Chavous; Amita Jambusaria; Rick Rush; Mike Taylor; Elizabeth Gibbs; Lisa Leach
Subject: Reconciliation Meeting 9/9/24 Recap
Follow Up Flag: Follow up
Flag Status: Flagged
This message has originated from an External Source. Please use proper judgment and I caution when opening attachments, clicking links, or responding to this email.
Jeff,
I have included below the reconciliation that we worked on collectively today. There are some outstanding items that need to be completed, and I have listed them below as well. I request that you please respond if you agree that this is what was agreed upon at today's meeting. We need your agreement before proceeding.
20:16-2
Re]rnbursed
8E
Reimbursed
8F
Rebursed
2016-3
Renbursed
170
Tot a"
DIF TUMF
$ 9,461,834.33 $ 7,198,127.33 2263707
7,868,894.74 5,605,187.74 2263707
1,592,939.59 $ 1,592,939.59 $
6193563.24 6069341.24 124222
6,581,228.64 6,069,341.24 511887.4
(387,665.40) -387665.4
5785758.2 3597541.2 2188217
6,528,725.23 3,597,541.20 2,931,184.03
(742,967.03) 742.967.03)
12947683.12 7595397.12 5352286
3,038,311.19 0 3,08,311.19
9,909,371.93 7,595,397.12 2.313.974.81
6628993.78
4982041.78 1646952
$41,017,832.67 $ 29,442,448.67 $ 11,575,384.00
Totai Reimbursed 24,017,159.80
Rea,]ocat:o 1
To/al Re°rnbursed after aTcaVon 24017.159.80
Remaining $17,000,672.87
Owed to C$y
Fac°3rhes to be bu:'t
2368445
Fac ;It:es for re-:mbursement 17D 1700000
15,272,070.18 8,745,089.62
1630089.62 (1.630,089.62)
16 902,159.80 7,115,000.00
$ 12,540,288.87 $ 4,460,384.00
1399455 969000
4,290,288.87
• Tri Pointe to send to City how much was paid for TUMF in CFD 2019-1, City is verifying that the TUMF agreements only pertain to the settlement agreement areas as discussed today. • City to send Cherry Channel spreadsheet and determine if included in calculations and show where they are included.
• City to verify fees paid since 6/30/23.
• Tri Pointe will be sending in request for reimbursement of 2016-3 bond proceeds. • Tri Pointe will be notifying City how much it is requesting in fees for 17D so that the City can create a projects schedule for bond issuance.
Let me know if anything is missing.
Thankyou.
JENNIFER USTATION, CPFO
Finance Director
ainri
Cetd' s C .£.^rrv1y,
City of Beaumont
550 E. 6th Street, Beaumont, Ca 92223
Desk (951) 572-3236 I Cell (909) 463-8357
BeaumontCa.gov
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B EAUMONT
—CAL i r OR N. I A ------
ACQUISITION AGREEMENT
EXHIBIT D-1
FORM OF PAYMENT REQUEST (DIF/ADVANCE REIMBURSEMENTS)
1. The undersigned (the "Owner") hereby requests reimbursement from the City in the amount of $8,250,000.00 ("Requested Amount"), which amount has previously been paid to the City for DIFs or as an Advance (as defined in the Acquisition Agreement (the "Acquisition Agreement"), dated as of May 1, 2023 relating to the City of Beaumont Community Facilities District No. 2016-3 (Sundance) specified below:
2. The Requested Amount has been paid to the City and has not formed the basis of any prior request or reimbursement.
3. The Owner is in compliance with the terms and provisions of the Acquisition Agreement.
4. Neither the Owner not any Affiliate (as defined in the Acquisition Agreement) is in default in the payment of ad valorem real property taxes or assessments of special assessments or taxes levied in the District (as defined in the Acquisition Agreement).
D-6
4889-6432-6206/022599-0033
I hereby declare under penalty of perjury that the above representations and warranties are true and correct.
OWNER:
TRI POINTE HOMES IE-SD INC.
Dated: 9/18/2024
Dated:
Name: MICHAEL
Title: DIVISION PRESIDENT
By:
Name:
Title:
CITY:
Payment Request Approved for Submission to
Finance Manager
By:
Director 4Sf Public Works
/',/ /2f-
4889-6432-6206/022599-0033
D-7
BAUME ONTA -c A L I F O R N I
Staff Report
TO: City Council
FROM: Thaxton Van Belle, Director of Reclamation
Kenyon Potter, Principal Engineer
DATE October 15, 2024
SUBJECT: Award a Public Works Agreement to Borden Excavating, Inc. for Construction of the Mesa Lift Station Upgrade Project (CIP WW -11) Description Construction of the Mesa Lift Station Upgrade Project (CIP WW -11).
Background and Analysis:
In 2022, the City Council authorized the advertising for bids for a combined Mesa Lift Station and Force Main Project. Given the estimated cost of the combined project and the urgency of completing the 16 -in force main, the project was phased commencing with the 16 -in Force Main Project (CIP WW -9) to be followed by the Mesa Lift Station Upgrade Project (CIP WW -11). The City Council approved these as separate projects as part of the Capital Improvement Plan.
Consistent with Council's direction, staff revised the plans and the Force Main Project (CIP WW -9) which was advertised and awarded in October 2023 and substantially completed in September 2024.
Regarding the Mesa Lift Station Upgrade Project (CIP WW -11), Council approved a CIP amendment on May 7, 2024, which among other changes provided additional funding for the Project. Subsequently, staff prepared final plans and specifications and then advertised the Mesa Lift Station Upgrade Project on July 9, 2024.
On August 20, 2024, four (4) bids from pre -qualified contractors were received and publicly opened. The following is a summary of the received bids excluding the additive alternates:
1. Borden Excavating, Inc.
2. Pacific Hydrotech
3. Caliagua
4. Metro Builders
$ 6,750,222
$ 6,812,968
$ 7,593,270
$ 7,788,567
Borden Excavating Inc. is the apparent lowest responsive and responsible bidder. No bid challenges were received. Only the base bid was considered in evaluating the bids for the apparent lowest bidder. Upon review, Borden Excavating's bid substantially conforms to the bid requirements. City staff is recommending the City Council award a public works agreement to Borden Excavating Inc. for construction of the Mesa Lift Station Upgrade Project.
In addition to the base bid, the Project bid package included an additive bid schedule.
One of these is Additive A4. Additive A4 would rehabilitate existing manholes within the lift station at a total cost of $55,575. City staff is recommending including Additive A4 as part of the Project construction.
City staff anticipates scheduling a preconstruction meeting with Borden Excavating Inc. within ten days of contract execution and issuing a Notice to Proceed (NTP).
Subsequently, Borden Excavating Inc. will have ten days to commence construction after the NTP is issued.
Fiscal Impact:
The cost to prepare this staff report is estimated to be $400. Construction cost for the Project will be paid from the Mesa Lift Station Upgrade Project (CIP WW -11). The following is a summary of the Project budget and funding:
CIP WW -11 Mesa Lift Station- Construction Project Funding Summary Estimated Total Project Budget= $7,990,129
Current Project Budget= $7,990,129
CIP WW -11 Mesa Lift Station- Construction Project Budget Summary Project
Component
Est. Total
Budget
Current
Budget
Paid to Remaining
Date Budget
Pr
Preliminary Services
E
Design
Permits
Right -of -Way
Constructio
Construction Management
Equipment
i
1� $71`
$248,560 $248,560
Total
$7,990,129
$7,990,129
$248,560
$-
$7,990,129
* The design for the project was completed under CIP WW -04/05 when the project was part of the combined Force Main and Lift Station Project.
The public works agreement with Borden Excavating Inc. for construction will be in an amount not to exceed $6,805,797. Staff is recommending a construction contingency of $680,580, or 10% of the public works agreement, to allow for unforeseen construction changes. The total construction amount requested at this time is therefore $7,486,377.
The construction budget will be established from the available CIP budget as shown in the preceding table.
Recommended Action:
Award a Public Works Agreement to Borden Excavating Inc. for construction of the Mesa Lift Station Upgrade Project (CIP WW -11) in an amount not to exceed $6,805,797; and authorize the City Manager to sign change orders up to an additional $680,580 for a total construction amount not to exceed $7,486,377.
Attachments:
A. Public Works Agreement (Borden Excavating)
B. Project Plans
C. Project Specifications
D. Levine Act Statement (Borden Excavating)
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CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
This PUBLIC WORKS AGREEMENT ("Agreement") is made and effective upon signature by and between the City of Beaumont, a municipal corporation ("CITY"), and Borden Excavating, 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 Mesa Lift Station Upgrade (WW -11) (hereinafter "Project"). CITY's Invitation for Bids ("Invitation") for the Project, dated July 9, 2024, and CONTRACTOR's Bid in response to the Invitation, dated August 20, 2024, 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 Six Million Eight Hundred Five Thousand Seven Hundred Ninety -Seven dollars ($6,805,797.00).
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
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and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.
VI. PREVAILING WAGES
A. Contractor shall comply with all applicable laws and regulations relating to prevailing wages. Wage rates for this Project shall be in accordance with the "General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Riverside County. Wage rates shall conform with those posted at Beaumont City Hall and the Project site.
B. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
VII. RECORD AUDIT
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
VIII. FINAL PAYMENT
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Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by the CITY to the CONTRACTOR no sooner than thirty-five (35) days after a Notice of Completion has been recorded, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final Certificate for Payment has been issued by the Engineer.
IX. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
X. INSURANCE
Prior to the beginning of and throughout the duration of the Project, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit C are copies of Certificates of Insurance and the waiver of subrogation endorsement as required by Section 6.B.1. CONTRACTOR will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.
CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of
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the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.
A. Types of Insurance
Without limiting CONTRACTOR's indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY:
1. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
3. Umbrella or excess liability insurance. If CONTRACTOR is using umbrella coverage to meet part of its liability insurance requirements under Paragraph 1 of this Section, CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury, completed operations and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability.
Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
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4. Workers' compensation insurance. CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.
CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.
5. Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a CONTRACTOR's Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non -owned disposal sites.
Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed "by or on behalf" of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
6. Builder's risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder's risk insurance for the entire duration of the Project until only the CITY has an insurable interest. The Builder's Risk coverage shall include the coverages as specified below.
The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear.
CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY.
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The policy shall contain a provision that all proceeds from the builder's risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.
Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub -limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub -limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.
B. Other provisions or requirements
1. Proof of insurance. CONTRACTOR shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by CITY's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
2. Duration of coverage. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR, his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
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3. Primary/noncontributing. Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.
4. CITY's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
5. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's risk manager.
6. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
7. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
8. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any
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coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
9. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
10.Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.
This provision shall also apply to any excess/umbrella liability policies.
11. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.
12. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross -liability exclusions.
13. Pass through clause. CONTRACTOR agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
14.CITY's right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90)
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day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR's compensation.
15.Self-insured retentions. Any self -insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self - insured retentions be eliminated, lowered, or replaced by a deductible.
Self-insurance will not be considered to comply with these specifications unless approved by CITY.
16.Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
17.Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
XI. CONTRACTOR'S LICENSE
CONTRACTOR must possess at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing. CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
XII. REGISTRATION REQUIREMENTS
A. Pursuant to Section 1771.1(a) of the Labor Code:
"A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded."
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B. CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.
C. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
D. The CONTRACTOR is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the CITY knows that the same CONTRACTOR will be awarded total project costs in excess of $1,000 for a given year.
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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 Bryce Borden whose title is Vice President is authorized to act for and bind the corporation.
XIV. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.
XV. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:
1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.
B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.
C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the
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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
❑ Labor and Materials Payment
Bond
❑General and Supplemental
Conditions
❑Special Conditions
❑ Special Federal Provisions
❑Project Construction Schedule
El Proposed Subcontractors
❑ Bid Bond
❑ Information Required of Bidder
❑Construction Services Agreement
❑Certificate Regarding Worker's
Compensation
❑ Drug -free Workplace Certification
❑ Plans and Specifications
❑Addenda
❑Drawings
❑Change Orders
❑Shop Drawing Transmittals
❑Contractor's Certificate Regarding
❑Non -Asbestos Containing
Materials
❑ Minority Business Enterprise
Forms
❑ Prevailing Wage Determinations
❑ SAM UEI Form
❑ Byrd Anti -Lobbying Certification
Form
❑ Economic Sanctions EO N-6-22
Form
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 Borden Excavating, Inc.
By: By:
David Fenn, Mayor Print Name: Bryce Borden
Date: Title: Vice President
Date: 9/10/24
ATTEST:
By:
Nicole Wheelright, Deputy City Clerk
Date:
APPROVED AS TO FORM:
By:
John 0, Pinkney, City Attorney
Date:
14
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CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT "A"
CITY'S INVITATION FOR BIDS
(Insert behind this page.)
15
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18
Website:
http://beaumontca.gov/
BEAUMONT
CALIFORNIA
Address:
550 E. 6th Street
Beaumont, CA 92223
REQUEST FOR BID
FOR:
CIP W-11 MESA LIFT STATION UPGRADE
CRITICAL BID DATES, TIMES, & LOCATIONS
Bid Published:
Mandatory Pre -Bid Meeting
Questions In By:
Bids Must Be Received By:
Place Of Bid Receipt:
Bid Opening Date:
Bid Opening Location:
Thaxton Van Bele
Director of Water Reclamation
[email protected]
Phone:
951.769.8520
July 9, 2024
July 23, 2024 @ 1:00 P.M.
550 E. Sixth Street (City Hall) Room 4
July 30, 2024 @ 5:00 P.M.
August 6, 2024 @ 2:00 P.M.
550 E. Sixth Street (City Hall)
August 6, 2024 @ 2:15 P.M.
550 E. Sixth Street (City Hall), Room 4
CONTACTS:
RFB AVAILABLE:
Kenyon Potter
Principal Engineer
[email protected]
WWW.PUBLICPURCHASE.COM
WWW.PLANETBIDS.COM
HTTPS://VVWW.BEAUMONTCA.GOV/949/BIDS-AND-RFPS
City of Beaumont
Request for bid
BEAUMONT
O R N
Mesa Lift Station Upgrade
CIP W-11
CITY OF BEAUMONT
CALIFORNIA
PUBLIC WORKS DEPARTMENT
CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:
CIP W-11 Mesa Lift Station Upgrade
Prepared Under the Supervision of:
Robert Vestal, P.E., Public Works Director/City Engineer Date
City of Beaumont
Request for bid
Mesa Lift Station Upgrade
CIP WW -11
Table of Contents
REQUEST FOR BID FOR: 1
CITY OF BEAUMONT CALIFORNIA 2
CIP W-11 Mesa Lift Station Upgrade 2
NOTICE INVITING BIDS 4
INSTRUCTIONS TO BIDDERS 3
BID FORM 10
BASE BID 12
BID SCHEDULE 12
BID CERTIFICATION 16
CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION 17 BID BOND 18
DESIGNATION OF SUBCONTRACTORS 21
INFORMATION REQUIRED OF BIDDERS 24
NON -COLLUSION AFFIDAVIT 32
PERFORMANCE BOND 33
PAYMENT BOND 38
02 PUBLIC WORKS AGREEMENT 40
03 GENERAL CONDITIONS 41
04 SPECIAL CONDITIONS 42
05 TECHNICAL SPECIFICATIONS 43
06 CONSTRUCTION DRAWINGS 44
07 SPECIAL FEDERAL PROVISIONS 45
08 APPENDICES 46
NOTICE INVITING BIDS
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City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
NOTICE INVITING BIDS
The City of Beaumont, Public Works Department ("City") is soliciting bids for:
CIP WW -11 Mesa Lift Station Upgrade
Bid Published:
Mandatory Pre -Bid Meeting
Questions In By:
Bids Must Be Received By:
Place Of Bid Receipt:
Bid Opening Date:
Bid Opening Location:
July 9, 2024
July 23, 2024 @ 11:00 A.M.
550 E. Sixth Street (City Hall) Room TBD
June 30, 2024 @ 5:00 P.M.
August 6, 2024 @ 2:00 P.M.
550 E. Sixth Street (City Hall)
August 6, 2024 @ 2:15 P.M.
550 E. Sixth Street (City Hall), Room TBD
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. Bidders must be prequalified to be able to submit a bid. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted with the following subject:
"CIP WW -11 Mesa Lift Station Upgrade"
LOCATION OF WORK:
The work to be completed is located in the City of Beaumont at 12940 Potrero Blvd, Beaumont, CA 92223.
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 will replace existing pumps with larger pumps and perform related piping and electrical work to increase pumping capacity and will add a concrete basin to increase wastewater storage capacity at the Mesa Lift Station.
CONTRACT LENGTH:
The work for this contract shall not exceed 365 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 pre -qualified 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.
NOTICE INVITING BIDS
2
City of Beaumont
Request for bid
BEAMONT
-CALIFORNIA-
Mesa
FEDERAL FUNDING:
This Project is partially funded through State and Local Fiscal Recovery Funds (SLFRF) authorized by the American Rescue Plan Act (ARPA) and awarded to the City by the U.S.
Department of Treasury. This Project is subject to federal provisions pursuant to 2 CFR 200 including, but not limited to, Davis -Bacon and Related Acts (DBRA) prevailing wages; Disadvantaged Business Enterprises (2 CFR 200.321); Domestic Preference for Procurement (2 CFR 200.322); and others. Information pertaining to these, and other Federal Special Provisions are included in the Bid Specifications. The successful Bidder shall be required to comply with all federal and state requirements subject to this Project.
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 WWW.PLANETBIDS.COM , and reviewed at no cost.
BID & BIDDER:
Bids must be accompanied by cash, a certified or cashier's check, or a Bid s 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 and their subcontractors 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. The bidder shall have the following license:
• California Class "A" license
Each bidder must be pre -qualified to submit a bid for the project.
FOR FURTHER INFORMATION CONTACT:
Wastewater Department
Tel: (760) 641-8830
E-mail: [email protected]
NOTICE INVITING BIDS
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Request for bid BEAUMONT CIP WW -11
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 Principal Engineer by faxing (951)769-8520 or emailing to [email protected]. 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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City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project.
ADDENDA:
The City reserves the right to revise the Contract Documents prior to the bid opening date.
Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.
Each prospective bidder shall provide City a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Public Works Department to verify that he has received all Addenda issued, if any, prior to the bid opening.
ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.
COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting "N/A" where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, COMPUTER OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non- responsive.
INSTRUCTIONS TO BIDDERS
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City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
MODIFICATIONS OF BIDS:
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non -responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.
DESIGNATION OF SUBCONTRACTORS:
Pursuant to the funding regulation, the Bidders must designate the name and location of each subcontractor who will perform work or render services in an amount in excess of one-half of 1 percent of the prime contractor's total bid as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.
LICENSING REQUIREMENTS:
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder's subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.
SIGNING OF BIDS:
All Bids submitted shall be executed by the Bidder or its authorized representative.
Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be
INSTRUCTIONS TO BIDDERS
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City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
BID GUARANTEE (BOND):
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier's check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder's bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.
SUBMISSION OF BIDS:
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be mailed or hand delivered to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein.
Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601.
The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids,and may reject any bid not strictly complying with City's designated methods for delivery.
DELIVERY AND OPENING OF BIDS
Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. It is the Bidder's sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated. A bid received from a general contractor who is not prequalified at the time of bid will not be opened and be returned to the contractor.
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
INSTRUCTIONS TO BIDDERS
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City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
Bid Price, the written amount shall govern.
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;
INSTRUCTIONS TO BIDDERS
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City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
• Clearly identify the specific City staff determination or recommendation being protested;
• Specify, in detail, the grounds of the protest and the facts supporting the protest; and
• Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's City Engineer, or other designated City staff member, shall review the basis of the protest and all relevant information. The City Engineer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Engineer to the City Manager.
WORKERS COMPENSATION:
Each bidder shall submit the Contractor's Certificate Regarding Workers' Compensation form.
SUBSTITUTION OF SECURITY:
The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
PREVAILING WAGES:
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, in the County of Riverside in which the work is to be done, have been determined by the Director of the Department of Industrial Relations, State of California. These wages are set forth in the General Prevailing Wage Rates for this project, available from the California Department of Industrial Relations' Internet web site at www.dir.ca.gov . Future effective prevailing wage rates which have been predetermined, and are on file with the California Department of Industrial Relations, are referenced but not printed in the general prevailing wage rates. Pursuant to SB 854, which amended the Prevailing Wage Laws, this Contract is subject to compliance monitoring and enforcement by the DIR. Beginning March 1, 2015, with very limited exceptions, no contractor or subcontractor may be listed on a bid proposal for this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. Beginning April 1, 2015, no contractor or subcontractor may be awarded this Contract unless registered with the DIR pursuant to Labor Code section 1725.5. The DIR registration number for each contractor and subcontractor must be identified on the bid proposal - failure to identify this number could result in the bid being rejected as non- responsive. It is each bidder's responsibility to ensure that they have fully complied with SB 854. The City will report all necessary contracts to the DIR as required by the Prevailing Wage Laws.
INSTRUCTIONS TO BIDDERS
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City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
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
9
City of Beaumont
Request for bid
NAME OF BIDDER:
BEAUMONT
BID FORM
Mesa Lift Station Upgrade
CIP W-11
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 WW -11 Mesa Lift 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
BASE BID PRICE
(IN WRITTEN FORM)
BID PRICE
(IN NUMBERS)
TOTAL
BID PRICE
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
BID FORM
10
City of Beaumont
Request for bid BEAUMONT
-CALIFORNIA-
BASE BID
BID SCHEDULE
Mesa Lift Station Upgrade
CIP W-11
CIP WW -11 Mesa Lift Station Upgrade
ITEM
NO.
DESCRIPTION OF ITEMS
EST.
QUANTITY/UN
IT
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
1 Mobilization / Demobilization, Insurance
1 LS
2 Stormwater and Non-Stormwater Pollution
Control
1 LS
3 Apply for, obtain, and comply with any
necessary permits from City of Beaumont,
BCVWD, SCAQMD, SCE and other
Authorities Having Jurisdiction (including any
rider permits and extensions)
1 LS
4 Pre -construction Photos and Video
1 LS
5 Site Survey including U/G utilities
1 LS
6 Selective Demolition and Disposal of
Piping including hazardous material
abatement; Protect Existing Utilities to
Remain; Salvage Pumps, Air Vacs,
Check Valves
1 LS
7 Miscellaneous Site Work, including
raising manholes, rim adjustment, and
any site work not included in other Bid
Items
1 LS
8 Clear & Grub
8,300
SF
9 General Site Grading
1 LS
10 Site Paving — Asphalt (4" AC + 5" Base)
2,400
SF
11 Site Paving — Gravel (4" thick, 3/4"
crushed rock) — DELETABLE BID ITEM
18,000
SF
12 Concrete Waterway (15 -foot wide)
20 LF
13 Gravel Swale (w. Liner)
1,200
SF
14 Bollards
12 EA
BID FORM
12
City of Beaumont
Request for bid
BEAUMONT
-CALIFORNIA-
Mesa Lift Station Upgrade
CIP W-11
15 Excavation
4,970
CY
16 Excavation Shoring
1 LS
17 Structural Base and Compaction
1,550
CY
18 Construction of Cast -in -Place Concrete
Storage Basin
570
CY
19 Backfill
320
CY
20 Excess Soil Removal & Disposal
3,070
CY
21 Excess Gravel Removal & Disposal
350
CY
22 CMU Wall (Post Tensioned 8 -foot tall)
2,000
SF
23 Furnish and Install new cast -in -place
concrete pump pedestals
1 LS
24 Furnish and Install Process Piping and
Valves including suction and discharge
piping, fittings, valves, and pipe anchors
and supports.
1 LS
25 Furnish and Install new Dry -Pit Screw
Centrifugal Pumps.
4 EA
26 Furnish and Install new Sump Pumps
2 EA
27 Furnish and Install Grinder and Grinder
Manhole
1 LS
28 Furnish and Install 30" Sanitary Sewer
Piping and Fittings
1 LS
29 Furnish and install gas analyzer station
1 LS
30 Bypass pumping
1 LS
31 Install onsite piping for 4" Non -Potable
Water (NPW) line, post hydrants, hose
connections, and other appurtenances
1 LS
32 Protective Coatings — New Pumps and
Piping
1 LS
33 Odor Control System Rehabilitation
1 LS
34 Furnish and Install New Electrical Gear
including Variable Frequency Drives
1 LS
35 Crossings of Known and Unknown Main
Line Utilities (See Special Conditions)
5 EA
36 Preparation of Traffic Control Plan(s)
1 LS
BID FORM
13
City of Beaumont
Request for bid
BEAUMONT
-CALIFORNIA-
Mesa Lift Station Upgrade
CIP W-11
37 Traffic Control Implementation
1 LS
38 Construction (Temporary) Power,
associated power pole, meter, breakers,
and related equipment.
1 LS
39 Construction (Temporary) Non -Potable
Water, and associated fittings, thrust
restraints, back -flow assemblies, meter
deposits, equipment and valves.
1 LS
40 Construction (Temporary) Facilities and
Utilities not covered in other Bid Items
1 LS
41 New 4" (Permanent) service connection to
BCVWD 24 -inch Reclaimed Water line.
Including associated piping, fittings, thrust
restraints, back flow assemblies, flow
meters, valves, and other appurtenances.
1 LS
42 Furnish and Install gate operator, chain and
rollers to replace existing operator at
vehicle gate
1 EA
43 Provide 24/7 site security during
construction
1 LS
44 Pressure Testing of installed process piping
per specification requirements
1 LS
45 Maintain updated As-Builts (red -lines) and
provide final record drawings
1 LS
46 Biological Resources Worker Environmental
Awareness Training (BIO-1)
1 LS
47 Pre -construction Surveys (BIO-2)
1 LS
48 Pre -construction Burrowing Owl Survey
(BIO-8)
1 LS
49 Archeological and Native American
Monitors (CR-1)
1 LS
50 Cultural Resources - Worker Environmental
Awareness Training (CR-2)
1 LS
51 Paleontological Resources - Worker
Environmental Awareness Training (Paleo-
1 1
LS
52 Paleontological Resources Mitigation Plan
and Monitoring (Paleo-2)
1 LS
53 Paleontological Resources Mitigation
Monitoring (Paleo-2)
5 da y
BID FORM
14
City of Beaumont
Request for bid
BEAUMONT
_CALIFORN
Mesa Lift Station Upgrade
CIP W-11
PROJECT BASE BID SUBTOTAL:
ADD ALTERNATES
BID SCHEDULE
CIP WW -11 Mesa Lift Station Upgrade
ITEM
NO.
DESCRIPTION OF ITEMS
EST.
QUANTITY/UN
IT
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
Al
Furnish and Install Aluminum Basin Cover
(Additive Alternate)
10,000
SF
A2
Basin Cover Appurtenances
1 LS
A3
Protective Coating - Floor and interior
walls of new concrete basin with Coating
System 307 (Additive Alternate)
1 LS
A4
Manhole Rehabilitation (Additive
Alternate)
1 LS
A5
Base stabilization — 4" Thick Geocell
(Additive Alternate)
10,500
SF
PROJECT BASE BID SUBTOTAL:
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
BID FORM
15
City of Beaumont
Request for bid
Mesa Lift Station Upgrade
BEAUMONT CIP W-11
-CALIFORNIA-
BID CERTIFICATION
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No.
Expiration Date
Class of license
If the bidder is a joint venture, each member of the joint venture must include the above information.
The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents:
1. Addenda No. thru
2. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price.
3. Attached is the fully executed Non -Collusion Affidavit form.
4. Attached is the completed Designation of Subcontractors form.
5. Attached is the completed Bidder Information Form.
6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form.
Bidder acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.
I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
Name of Bidder
Signature
Name and Title
Dated
BID FORM
16
City of Beaumont
Request for bid
BEAUMONT
Mesa Lift Station Upgrade
CIP WW -11
CONTRACTOR'S CERTIFICATE REGARDING
WORKERS' COMPENSATION
CIP WW -11 Mesa Lift Station Upgrade
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name and Title
Dated
CONTRACTOR'S CERTIFICATE REGARDING
WORKERS' COMPENSATION
17
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
BID BOND
CIP WW -11 Mesa Lift Station Upgrade
The makers of this bond are,
as Principal, and
, as Surety
and are held and firmly bound unto the City of Beaumont, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated , 2024, for
WW -11 Mesa Lift Station Upgrade.
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
18
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this day of , 2024, the name and
corporate seal of each corporation.
(Corporate Seal)
Principal
By
Title
(Corporate Seal) Surety
By
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title
BID BOND
19
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CAL IFORN A
STATE OF CALIFORNIA )
) ss.
CITY OF )
On this day of , in the year 2024, before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the (Surety) thereto and his own name as Attorney -In -
Fact.
Notary Public in and for said State
(SEAL)
Commission expires:
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
BID BOND
20
City of Beaumont
Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
DESIGNATION OF SUBCONTRACTORS
CIP W-11 Mesa Lift Station Upgrade
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: the name, the location of the place of business, the California contractor license number, and public works contractor registration number issued of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
Portion of the
Work
Subcontractor
Location of
Business
License
Number.
Public Works
Contractor
Registration
Number
% of
Work
DESIGNATION OF SUBCONTRACTORS
21
City of Beaumont
Request for bid
BEAUMONT
-CALIFORNIA-
Mesa Lift Station Upgrade
CIP WW -11
Portion of the
Work
Subcontractor
Location of
Business
License
Number.
Public Works
Contractor
Registration
Number
% of
Work
DESIGNATION OF SUBCONTRACTORS
22
City of Beaumont
Request for bid
BEAUMONT
-CALIFORNIA-
Mesa Lift Station Upgrade
CIP WW -11
Portion of the
Work
Subcontractor
Location of
Business
License
Number.
Public Works
Contractor
Registration
Number
% of
Work
Name of Bidder
Signature
Name and Title
Dated
DESIGNATION OF SUBCONTRACTORS
23
City of Beaumont
Request for bid
Mesa Lift Station Upgrade
BEAUMONT CIP WW -11
-CALIFORNIA-
INFORMATION REQUIRED OF BIDDERS
CIP W-11 Mesa Lift Station Upgrade
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**] NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.
1.0 Name of Bidder:
2.0 Type, if Entity:
3.0 Bidder Address:
Facsimile Number Telephone Number
4.0 License Information:
License No.
Class of License Expiration Date
DIR Registration No.
5.0 How many years has Bidder's organization been in business as a Contractor?
6.0 How many years has Bidder's organization been in business under its present name?
5.1 Under what other or former names has Bidder's organization operated?
INFORMATION REQUIRED OF BIDDERS
24
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
7.0 If Bidder's organization is a corporation, answer the following:
7.1 Date of Incorporation:
7.2 State of Incorporation:
7.3 President's Name:
7.4 Vice -President's Name(s):
7.5 Secretary's Name:
7.6 Treasurer's Name:
8.0 If an individual or a partnership, answer the following:
8.1 Date of Organization:
8.2 Name and address of all partners (state whether general or limited partnership):
9.0 If other than a corporation or partnership, describe organization and name principals:
10.0 List other states in which Bidder's organization is legally qualified to do business.
INFORMATION REQUIRED OF BIDDERS
25
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
11.0 What type of work does the Bidder normally perform with its own forces?
12.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
14.0 List Trade References:
15.0 List Bank References (Bank and Branch Address):
INFORMATION REQUIRED OF BIDDERS
26
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
16.0 Name of Bonding Company and Name and Address of Agent:
INFORMATION REQUIRED OF BIDDERS
27
City of Beaumont
Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
B. LIST OF CURRENT PROJECTS (Backlog)
[**Duplicate Page if needed for listing additional current projects.**] Project
Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone
INFORMATION REQUIRED OF BIDDERS
28
City of Beaumont
Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
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
INFORMATION REQUIRED OF BIDDERS
29
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person's job title, name and percent of time to be allocated to this project:
2. Summarize each person's specialized education:
3. List each person's years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
INFORMATION REQUIRED OF BIDDERS
30
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
Additional Bidder's Statements:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder
Signature
Name and Title
Dated
INFORMATION REQUIRED OF BIDDERS
31
City of Beaumont - Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
NON-COLLUSION AFFIDAVIT
CIP W-11 Mesa Lift Station Upgrade
I, , being first duly sworn, deposes and says that he is of the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Name of Bidder
Signature
Name and Title
Dated
NON -COLLUSION AFFIDAVIT
32
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, (hereinafter referred to as "City")
has awarded to , (hereinafter referred to as the "Contractor") an agreement for
(hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, , the undersigned Contractor and
as Surety, a corporation
organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less
than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which 33
/
A� o® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYYYY)
E/2M/DD/Y
7/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
SIP Insurance Services - Orange
750 The City Drive South, 450
CA 92868
License#: 0M93299
CONTACT
Brigitte Leber
PHONE FAX
(A/C, No, Ext): 626-214-7919 (A/C, No): 626-564-6565
E-MOrange
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Travelers Property Casualty Company of America 25674
INSURED BORDEXC-01
Borden Excavating, Inc.
1014 2nd St.
Calimesa CA 92320
INSURER B : The Travelers Indemnity Company of Connecticut 25682
INSURERC: Ironshore Speciality Ins Co.
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 1540568229
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
INSD DDL
NSD
SWUBR
VD
POLICY NUMBER
POLICY EFF
(MM/DDIYYYY)
POLICY EXP
(MM/DDIYYYY)
LIMITS
B
X
COMMERCIAL GENERAL LIABILITY
Y
Y
CO9F220791
3/30/2024
3/30/2025
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE
X
OCCUR
DAMAGE RETED
PREMISESO(Ea occurrence)
$ 300,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE
X
LIMIT APPLIES
jE T
PER:
LOC
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
A
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
OWNED
x
SCHEDULED
AUTOS
NON -OWNED
AUTOS ONLY
Y
Y
8108M407427
3/30/2024
3/30/2025
COMBINED SINGLE LIMIT
(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
CUP6K550872
3/30/2024
3/30/2025
EACH OCCURRENCE
$ 12,000,000
AGGREGATE
$ 12,000,000
DED
X
RETENTION $ $10.000
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y/ N
N /A
UBOK498857
3/30/2024
3/30/2025
X
PER
STATUTE
OTH-
ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
C
Pollution
ICELLUW00161495
10/31/2024
10/31/2025
Eac h Occurrence
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Subject to all policy terms, exclusions and conditions.
RE: CIP W-11 MESA LIFT STATION UPGRADE City of Beaumont, Agreement dated 09/10/2024; City of Beaumont, its officers, employees, and volunteers are an Additional Insured with respect to General Liability and Auto Liability if required by written contract. General Liability Additional Insured and Waiver of Subrogation endorsement attached. General Liability Primary and Non -Contributory included in attached endorsement. Auto Liability Additional Insured and Waiver of Subrogation included in attached endorsement. Attached Workers Compensation Waiver of Subrogation endorsement applies if required by written contract. Umbrella Liability follows form. *PLEASE NOTE COPYRIGHT LAWS APPLY TO THE ACORD FORM PROHIBITING US FROM MODIFYING THE CANCELLATION CLAUSE. HOWEVER, PER S I P INSURANCE SERVICES PROCEDURES WILL NOTIFY YOU WITHIN 30 DAYS IF SAID POLICY CANCELS. Except 10 Days Notice of Cancellation For Non -Payment Of Premium.
CERTIFICATE HOLDER
CANCELLATION
City of Beaumont
550 E. 6th Street
Beaumont CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CE-- A/
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD namepletILog4mp egigig92l marks of ACORD
POLICY NUMBER: DT22-CO-9F220791-TCT-24 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
XTEND ENDORSEMENT FOR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. Who Is An Insured — Unnamed Subsidiaries
B. Blanket Additional Insured — Governmental
Entities — Permits Or Authorizations Relating To
Operations
PROVISIONS
A. WHO IS AN INSURED — UNNAMED
SUBSIDIARIES
The following is added to SECTION II — WHO IS
AN INSURED:
Any of your subsidiaries, other than a partnership,
joint venture or limited liability company, that is
not shown as a Named Insured in the
Declarations is a Named Insured if:
a. You are the sole owner of, or maintain an
ownership interest of more than 50% in, such
subsidiary on the first day of the policy period;
and
b. Such subsidiary is not an insured under
similar other insurance.
No such subsidiary is an insured for "bodily injury"
or "property damage" that occurred, or "personal
and advertising injury" caused by an offense
committed:
a. Before you maintained an ownership interest
of more than 50% in such subsidiary; or
b. After the date, if any, during the policy period
that you no longer maintain an ownership
interest of more than 50% in such subsidiary.
For purposes of Paragraph 1. of Section II — Who
Is An Insured, each such subsidiary will be
deemed to be designated in the Declarations as:
CG D3 16 02 19
C. Incidental Medical Malpractice
D. Blanket Waiver Of Subrogation
E. Contractual Liability — Railroads
F. Damage To Premises Rented To You
a. An organization other than a partnership, joint
venture or limited liability company; or
b. A trust;
as indicated in its name or the documents that
govern its structure.
B. BLANKET ADDITIONAL INSURED —
GOVERNMENTAL ENTITIES — PERMITS OR
AUTHORIZATIONS RELATING TO OPERATIONS
The following is added to SECTION II — WHO IS
AN INSURED:
Any govemmental entity that has issued a permit
or authorization with respect to operations
performed by you or on your behalf and that you
are required by any ordinance, law, building code
or written contract or agreement to include as an
additional insured on this Coverage Part is an
insured, but only with respect to Iiabi lity for "bodily injury", "property damage" or "personal and
advertising injury" arising out of such operations.
The insurance provided to such governmental
entity does not apply to:
a. Any "bodily injury", "property damage" or
"personal and advertising injury" arising out of
operations performed for the governmental
entity; or
b. Any "bodily injury" or "property damage"
included in the "products -completed
operations hazard".
© 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERCIAL GENERAL LIABILITY
C. INCIDENTAL MEDICAL MALPRACTICE
1. The following replaces Paragraph b. of the
definition of "occurrence" in the
DEFINITIONS Section:
b. An act or omission committed in providing
or failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to a person, unless you are in
the business or occupation of providing
professional health care services.
2. The following replaces the last paragraph of
Paragraph 2.a.(1) of SECTION II — WHO IS
AN INSURED:
Unless you are in the business or occupation
of providing professional health care services,
Paragraphs (1)(a), (b), (c) and (d) above do
not apply to "bodily injury" arising out of
providing or failing to provide:
(a) "Incidental medical services" by any of
your "employees" who is a nurse, nurse
assistant, emergency medical technician
or paramedic; or
(b) First aid or "Good Samaritan services" by
any of your "employees" or "volunteer
workers", other than an employed or
volunteer doctor. Any such "employees"
or "volunteer workers" providing or failing
to provide first aid or "Good Samaritan
services" during their work hours for you
will be deemed to be acting within the
scope of their employment by you or
performing duties related to the conduct
of your business.
3. The following replaces the last sentence of
Paragraph 5. of SECTION III — LIMITS OF
INSURANCE:
For the purposes of determining the
applicable Each Occurrence Limit, all related
acts or omissions committed in providing or
failing to provide "incidental medical
services", first aid or "Good Samaritan
services" to any one person will be deemed to
be one "occurrence".
4. The following exclusion is added to
Paragraph 2., Exclusions, of SECTION I —
COVERAGES — COVERAGE A — BODILY
INJURY AND PROPERTY DAMAGE
LIABILITY:
Sale Of Pharmaceuticals
"Bodily injury" or "property damage" arising
out of the violation of a penal statute or
ordinance relating to the sale of
pharmaceuticals committed by, or with the
knowledge or consent of, the insured.
5. The following is added to the DEFINITIONS
Section:
"Incidental medical services" means:
a. Medical, surgical, dental, laboratory, x-ray
or nursing service or treatment, advice or
instruction, or the related furnishing of
food or beverages; or
b. The furnishing or dispensing of drugs or
medical, dental, or surgical supplies or
appliances.
6. The following is added to Paragraph 4.b.,
Excess Insurance, of SECTION IV —
COMMERCIAL GENERAL LIABILITY
CONDITIONS:
This insurance is excess over any valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis, that
is available to any of your "employees" for
"bodily injury" that arises out of providing or
failing to provide "incidental medical services"
to any person to the extent not subject to
Paragraph 2.a.(1) of Section 11 — Who Is An
Insured.
D. BLANKET WAIVER OF SUBROGATION
The following is added to Paragraph 8., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV — COMMERCIAL GENERAL
LIABILITY CONDITIONS:
If the insured has agreed in a contract or
agreement to waive that insured's right of
recovery against any person or organization, we
waive our right of recovery against such person or
organization, but only for payments we make
because of:
a. "Bodily injury" or "property damage" that
occurs; or
b. "Personal and advertising injury" caused by
an offense that is committed;
subsequent to the execution of the contract or
agreement.
E. CONTRACTUAL LIABILITY — RAILROADS
1. The following replaces Paragraph c. of the
definition of "insured contract" in the
DEFINITIONS Section:
c. Any easement or license agreement;
© 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc., with its permission.
COMMERCIAL GENERAL LIABILITY
2. Paragraph f.(1) of the definition of "insured
contract" in the DEFINITIONS Section is
deleted.
F. DAMAGE TO PREMISES RENTED TO YOU
The following replaces the definition of "premises
damage" in the DEFINITIONS Section:
"Premises damage" means "property damage" to:
a. Any premises while rented to you or
temporarily occupied by you with permission
of the owner; or
b. The contents of any premises while such
premises is rented to you, if you rent such
premises for a period of seven or fewer
consecutive days.
CG D3 16 02 19 © 2017 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
POLICY NUMBER: 810 -8M407427 -24-26-G COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE —INCREASED LIMIT
C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
F. HIRED AUTO — LIMITED WORLDWIDE COV-
ERAGE — INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE — GLASS
PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any organization you newly acquire or form dur-
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.
Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.
B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured, of SECTION II — COVERED
AUTOS LIABILITY COVERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to which
CA T3 53 02 15
J.
K.
L.
PERSONAL PROPERTY
AIRBAGS
NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.
C. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION II — COV-
ERED AUTOS LIABILITY COVERAGE:
An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi-
ness.
2. The following replaces Paragraph b. in B.5.,
Other Insurance, of SECTION IV — BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
© 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
permission, while performing duties
related to the conduct of your busi-
ness.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".
D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II — COVERED AUTOS
LIABILITY COVERAGE:
Any "employee" of yours is an "insured" while us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.
E. SUPPLEMENTARY PAYMENTS — INCREASED
LIMITS
1. The following replaces Paragraph A.2.a.(2),
of SECTION II — COVERED AUTOS LIABIL-
ITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola-
tions) required because of an "accident"
we cover. We do not have to furnish
these bonds.
2. The following replaces Paragraph A.2.a.(4),
of SECTION II — COVERED AUTOS LIABIL-
ITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day be-
cause of time off from work.
F. HIRED AUTO — LIMITED WORLDWIDE COV-
ERAGE — INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph B.7., Policy Period, Coverage Territory,
of SECTION IV — BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, em-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of business with or
within such country or jurisdiction, for Cov-
ered Autos Liability Coverage for any covered
"auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "in-
sured" against, and investigate or set-
tle any such claim or "suit" and keep
us advised of all proceedings and ac-
tions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our consent, but
only up to the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II — COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit", but only up to and included
within the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II — COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for re-
quired or compulsory insurance in any
country outside the United States, its ter-
ritories and possessions, Puerto Rico and
Canada.
© 2015 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CA T3 53 02 15
COMMERCIAL AUTO
You agree to maintain all required or
compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.
G. WAIVER OF DEDUCTIBLE — GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III - PHYSICAL DAMAGE
COVERAGE:
No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.
H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF
USE - INCREASED LIMIT
The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses, of SEC-
TION III - PHYSICAL DAMAGE COVERAGE:
However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".
I. PHYSICAL DAMAGE - TRANSPORTATION
EXPENSES - INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses, of
SECTION III - PHYSICAL DAMAGE COVER-
AGE:
We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.
J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Cover-
age Extensions, of SECTION III - PHYSICAL
DAMAGE COVERAGE:
Personal Property
We will pay up to $400 for "loss" to wearing ap-
parel and other personal property which is:
(1) Owned by an "insured"; and
CA T3 53 02 15
(2) In or on your covered "auto".
This coverage applies only in the event of a total
theft of your covered "auto".
No deductibles apply to this Personal Property
coverage.
K. AIRBAGS
The following is added to Paragraph B.3., Exclu-
sions, of SECTION III - PHYSICAL DAMAGE
COVERAGE:
Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b. The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.
We will pay up to a maximum of $1,000 for any
one "loss".
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV — BUSINESS AUTO CONDITIONS:
Your duty to give us or our authorized representa-
tive prompt notice of the "accident" or "loss" ap-
plies only when the "accident" or "loss" is known
to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other or-
ganization); or
(e) Any "employee" authorized by you to give no-
tice of the "accident" or "loss".
M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us,
of SECTION IV - BUSINESS AUTO CONDI-
TIONS :
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
© 2015 The Travelers Indemnity Company. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
COMMERCIAL AUTO
such contract. The waiver applies only to the
person or organization designated in such
contract.
N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Con-
cealment, Misrepresentation, Or Fraud, of
SECTION IV — BUSINESS AUTO CONDITIONS:
The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non -renewal.
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
CA T3 53 02 15
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER: DT22-CO-9F220791-TCT-24
c. Method Of Sharing
If all of the other insurance permits contribution
by equal shares, we will follow this method also.
Under this approach each insurer contributes
equal amounts until it has paid its applicable
limit of insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will contribute
by limits. Under this method, each insurer's
share is based on the ratio of its applicable limit
of insurance to the total applicable limits of
insurance of all insurers.
d. Primary And Non -Contributory Insurance If
Required By Written Contract
If you specifically agree in a written contract or
agreement that the insurance afforded to an
insured under this Coverage Part must apply on
a primary basis, or a primary and non-
contributory basis, this insurance is primary to
other insurance that is available to such insured
which covers such insured as a named insured,
and we will not share with that other insurance,
provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal and advertising injury" for
which coverage is sought is caused by an
offense that is committed;
subsequent to the signing of that contract or
agreement by you.
5. Premium Audit
a. We will compute all premiums for this Coverage
Part in accordance with our rules and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only. At
the close of each audit period we will compute
the earned premium for that period and send
notice to the first Named Insured. The due date
for audit and retrospective premiums is the date
shown as the due date on the bill. If the sum of
the advance and audit premiums paid for the
policy period is greater than the earned
premium, we will return the excess to the first
Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
computation, and send us copies at such times
as we may request.
6. Representations
By accepting this policy, you agree:
a. The statements in the Declarations are
accurate and complete;
b. Those statements are based upon
representations you made to us; and
c. We have issued this policy in reliance upon
your representations.
The unintentional omission of, or unintentional error
in, any information provided by you which we relied
upon in issuing this policy will not prejudice your
rights under this insurance. However, this provision
does not affect our right to collect additional
premium or to exercise our rights of cancellation or
nonrenewal in accordance with applicable insurance
laws or regulations.
7. Separation Of Insureds
Except with respect to the Limits of Insurance, and
any rights or duties specifically assigned in this
Coverage Part to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom claim
is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
If the insured has rights to recover all or part of any payment we have made under this Coverage Part,
those rights are transferred to us. The insured must
do nothing after loss to impair them. At our request,
the insured will bring "suit" or transfer those rights
to us and help us enforce them.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we will
mail or deliver to the first Named Insured shown in
the Declarations written notice of the nonrenewal
not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
SECTION V — DEFINITIONS
1. "Advertisement" means a notice that is broadcast or
published to the general public or specific market
segments about your goods, products or services
for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material
placed on the Internet or on similar electronic
means of communication; and
b. Regarding websites, only that part of a website
that is about your goods, products or services
for the purposes of attracting customers or
supporters is considered an advertisement.
© 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc. with its permission.
TRAVELERSJ
ONE TOWER SQUARE
HARTFORD CT 06183
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76
POLICY NUMBER: UB-0K498857-23-26-G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
(BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium.
Schedule
Person or Organization
ANY PERSON OR ORGANIZATION FOR
WHICH THE INSURED HAS AGREED
BY WRITTEN CONTRACT EXECUTED
PRIOR TO LOSS TO FURNISH THIS
WAIVER.
Job Description
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective 03/30/2024 Policy No. UB-0K498857-23-26-G Endorsement No.
Insured Borden Excavating Inc. Premium
Insurance Company TRAVELERS PROPERTY CASUALTY Countersigned by ON FILE
COMPANY OF AMERICA
DATE OF ISSUE:
ST ASSIGN: Page 1 of 1
ACORD®
EVIDENCE OF PROPERTY INSURANCE
DATE (MM/DD/YYYY)
09/26/2024
THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
AGENCY
PHONE +1 626 793 3330
(A/C, No, Ext):
FINANCIAL GUARANTY INSURANCE BROKERS
301 E COLORADO BLVD
PASADENA, CA 91101
FAx +1 626 793 1886
(A/C, No):
CODE: 18501163
AGENCY
CUSTOMER ID #:
INSURED
E-MAIL ose f ib.com
ADDRESS: phz@g
SUB CODE:
Borden Excavating, Inc.
1014 2nd Street
Calimesa, CA 92320
COMPANY
American Zurich Insurance Company
LOAN NUMBER
POLICY NUMBER
BR78092890
EFFECTIVE DATE
10/31/2024
EXPIRATION DATE
10/31/2025
CONTINUED UNTIL
TERMINATED IF CHECKED
THIS REPLACES PRIOR EVIDENCE DATED:
PROPERTY INFORMATION
LOCATION/DESCRIPTION
12940 Potrero Blvd.
Beaumont, CA 92223
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COVERAGE INFORMATION
COVERAGE / PERILS / FORMS
AMOUNT OF INSURANCE
DEDUCTIBLE
Builders Risk Coverage Form
Total Completed Project Value
$6,805,797
$6,750,222
$10,000
REMARKS (Including Special Conditions)
Certificate holder is included as additional insured.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
ADDITIONAL INTEREST
NAME AND ADDRESS
City of Beaumont, its officers, employees and volunteers 550 E 6th Street
Beaumont, CA 92223
MORTGAGEE
LOSS PAYEE
X
ADDITIONAL INSURED
LOAN #
AUTHORIZED REPRESENTATIVE
ACORD 27 (2009/12)
© 1993-2009 ACORD CORPORATION. All rights reserved.
The ACORD namep ltogt}360 egjgP *0281 marks of ACORD
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3)
Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project.
34
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[Remainder of Page Left Intentionally Blank.]
35
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 2024.
CONTRACTOR/PRINCIPAL
Name
By
SURETY:
By:
Attorney -In -Fact
The rate of premium on this bond is per thousand. The total amount of premium charges, $
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California
36
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
STATE OF CALIFORNIA )
) ss.
CITY OF
On this day of , in the year 2024, before me,
, a Notary Public in and for said state, personally
appeared , known to me to be the person
whose name is subscribed to the within instrument as the Attorney -In -Fact of the (Surety) acknowledged to me that he subscribed the name of the
(Surety) thereto and his own name as Attorney -In -
Fact.
Notary Public in and for said State
(SEAL)
Commission expires:
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
37
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Beaumont (hereinafter designated as the "City"), by action taken or a resolution passed , 2024 has awarded to
hereinafter designated as the "Principal," a contract for the work described as follows:
(the "Project"); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
38
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
C A L I F O R N A
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the day of
20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney -In -Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.
39
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
02 PUBLIC WORKS AGREEMENT
CIP W-11 Mesa Lift Station Upgrade
40
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
03 GENERAL CONDITIONS
CIP W-11 Mesa Lift Station Upgrade
41
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
04 SPECIAL CONDITIONS
CIP WW -11 Mesa Lift Station Upgrade
42
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
05 SPECIAL FEDERAL PROVISIONS
CIP WW -11 Mesa Lift Station Upgrade
43
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
06 TECHNICAL SPECIFICATIONS
CIP W-11 Mesa Lift Station Upgrade
44
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
07 CONTRACT DRAWINGS
CIP WW -11 Mesa Lift Station Upgrade
45
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
08 APPENDICES
CIP WW -11 Mesa Lift Station Upgrade
46
C24-63
CITY OF BEAUMONT
PUBLIC WORKS AGREEMENT
EXHIBIT "B"
CONTRACTOR'S Bid
(Insert behind this page.)
16
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP W-11
BID FORM
NAME OF BIDDER: Borden Excavating 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 WW -11 Mesa Lift 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
BASE BID PRICE
(IN WRITTEN FORM)
BID PRICE
(IN NUMBERS)
Six Million Seven Hundred Fifty
Thousand Two Hundred Twenty
Two Dollars and No Cents
$ 6,750,222.00
TOTAL
BID
Six Million Seven Hundred Fifty
Thousand Two Hundred Twenty
Two Dollars and No Cents
$ 6,750,222.00
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
BID FORM
10
City of Beaumont
Request for bid
BEAUMONT
Mesa Lift Station Upgrade
CIP W-11
BASE BID
BID SCHEDULE
CIP WW -11 Mesa Lift Station Upgrade
ITEM
NO.
DESCRIPTION OF ITEMS
EST.
QUANTITY/UN
IT
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
1 Mobilization / Demobilization, Insurance
1 LS
300,000.00
300,000.00
2 Stormwater and Non-Stormwater Pollution
Control
1 LS
7,500.00
7,500.00
3 Apply for, obtain, and comply with any
necessary permits from City of Beaumont,
BCVWD, SCAQMD, SCE and other
Authorities Having Jurisdiction (including any
rider permits and extensions)
1 LS
75,000.00
75,000.00
4 Pre -construction Photos and Video
1 LS
2,500.00
2,500.00
5 Site Survey including U/G utilities
1 LS
15,000.00
15,000.00
6 Selective Demolition and Disposal of
Piping including hazardous material
abatement; Protect Existing Utilities to
Remain; Salvage Pumps, Air Vacs,
Check Valves
1 LS
150,000.00
150,000.00
7 Miscellaneous Site Work, including
raising manholes, rim adjustment, and
any site work not included in other Bid
Items
1 LS
50,000.00
50,000.00
8 Clear & Grub
8,300
SF
2.00 16,600.00
9 General Site Grading
1 LS
20,000.00
20,000.00
10 Site Paving — Asphalt (4" AC + 5" Base)
2,400
SF
20.00 48,000.00
11 Site Paving — Gravel (4" thick, 3/4"
crushed rock) — DELETABLE BID ITEM
18,000
SF
1.00 18,000.00
12 Concrete Waterway (15 -foot wide)
20 LF
450.00
9,000.00
13 Gravel Swale (w. Liner)
1,200
SF
7.00 8,400.00
14 Bollards
12 EA
2,750.00
33,000.00
BID FORM
12
City of Beaumont
Request for bid
BEAUMONT
Mesa Lift Station Upgrade
CIP W-11
15 Excavation
4,970
CY
125.00
621,250.00
16 Excavation Shoring
1 LS
300,000.00
300,000.00
17 Structural Base and Compaction
1,550
CY
75.00 116,250.00
18 Construction of Cast -in -Place Concrete
Storage Basin
570
CY
1,100.00
627, 000.00
19 Backfill
320
CY
180.00
57,600.00
20 Excess Soil Removal & Disposal
3,070
CY
35.00 107,450.00
21 Excess Gravel Removal & Disposal
350
CY
65.00 22,750.00
22 CMU Wall (Post Tensioned 8 -foot tall)
2,000
SF
50.00 100,000.00
23 Furnish and Install new cast -in -place
concrete pump pedestals
1 LS
40 000.00
40,000.00
24 Furnish and Install Process Piping and
Valves including suction and discharge
piping, fittings, valves, and pipe anchors
and supports.
1 LS
1,162,000.00
1,162,000.00
25 Furnish and Install new Dry -Pit Screw
Centrifugal Pumps.
4 EA
250,000.00
1,000,000.00
26 Furnish and Install new Sump Pumps
2 EA
22,000.00
44,000.00
27 Furnish and Install Grinder and Grinder
Manhole
1 LS
300,000.00
300,000.00
28 Furnish and Install 30" Sanitary Sewer
Piping and Fittinac s
1 LS
70,000.00
70,000.00
29 Furnish and install gas analyzer station
1 LS
20,000.00
20,000.00
30 Bypass pumping
1 LS
24,000.00
24,000.00
31 Install onsite piping for 4" Non -Potable
Water (NPW) line, post hydrants, hose
connections, and other appurtenances
1 LS
100,000.00
100,000.00
32 Protective Coatings — New Pumps and
Piping
1 LS
60,000.00
60,000.00
33 Odor Control System Rehabilitation
1 LS
75,000.00
75,000.00
34 Electrical System Upgrades.,
1 LS
756,322.00
756,322.00
35 Crossings of Known and Unknown Main
Line Utilities (See Special Conditions)
5 EA
1,400.00
7,000.00
36 Preparation of Traffic Control Plan(s)
1 LS
1,600.00
1,600.00
BID FORM
13 Deleted: Furnish and Install New Electrical Gear
including Variable Frequency Drives
City of Beaumont
Request for bid
BEAUMONT
Mesa Lift Station Upgrade
CIP W-11
37 Traffic Control Implementation
1 LS
8,000.00
8,000.00
38 Construction (Temporary) Power,
associated power pole, meter, breakers,
and related equipment.
1 LS
2,000.00
2,000.00
39 Construction (Temporary) Non -Potable
Water, and associated fittings, thrust
restraints, back -flow assemblies, meter
deposits, equipment and valves.
1 LS
37,000.00
37,000.00
40 Construction (Temporary) Facilities and
Utilities not covered in other Bid Items
1 LS
3,500.00
3,500.00
41 New 4" (Permanent) service connection to
BCVWD 24 -inch Reclaimed Water line.
Including associated piping, fittings, thrust
restraints, back flow assemblies, flow
meters, valves, and other appurtenances.
1 LS
105,000.00
105,000.00
42 Furnish and Install gate operator, chain and
rollers to replace existing operator at
vehicle gate
1 EA
22,000.00
22,000.00
43 Provide 24/7 site security during
construction
1 LS
109,000.00
109,000.00
44 Pressure Testing of installed process piping
per specification requirements
1 LS
28,000.00
28,000.00
45 Maintain updated As-Builts (red -lines) and
provide final record drawings
1 LS
500.00
500.00
46 Biological Resources Worker Environmental
Awareness Training (BIO-1)
1 LS
6,500.00
6,500.00
47 Pre -construction Surveys (BIO-2)
1 LS
4,500.00
4,500.00
48 Pre -construction Burrowing Owl Survey
(BIO-8)
1 LS
4,500.00
4,500.00
49 Archeological and Native American
Monitors (CR-1)
1 LS
5,500.00
5,500.00
50 Cultural Resources - Worker Environmental
Awareness Training (CR-2)
1 LS
3,000.00
3,000.00
51 Paleontological Resources - Worker
Environmental Awareness Training (Paleo-
1)
1 LS
6,500.00
6,500.00
52 Paleontological Resources Mitigation Plan
and Monitoring (Paleo-2)
1 LS
4,500.00
4,500.00
53 Paleontological Resources Mitigation
Monitoring (Paleo-2)
5 day
1,000.00
5,000.00
54 Furnish and Install Lighting and Lighting
6 EA
5,000.00
30,000.00
Controls
BID FORM
14
City of Beaumont
Request for bid
Mesa Lift Station Upgrade
BEAUMONT CIP W-11
PROJECT BASE BID SUBTOTAL
6,750,222.00
ADD ALTERNATES
BID SCHEDULE
CIP WW -11 Mesa Lift Station Upgrade
ITEM
NO.
DESCRIPTION OF ITEMS
EST.
QUANTITY/UN
UNIT PRICE
(FIGURES)
TOTAL COST
(FIGURES)
Al
Furnish and Install Aluminum Basin Cover
(Additive Alternate)
10,000
SF
79.00 790,000.00
A2
Basin Cover Appurtenances
1 LS
21,000.00
21,000.00
A3
Protective Coating - Floor and interior
walls of new concrete basin with Coating
System 307 (Additive Alternate)
1 LS
305,368.00
305,368.00
A4
Manhole Rehabilitation (Additive
Alternate)
1 LS
55,575.00
55,575.00
A5
Base stabilization — 4" Thick Geocell
(Additive Alternate)
10,500
SF
3.18 33,390.00
PROJECT BASE BID SUBTOTAL:
6,750,222.00
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
BID FORM
15
City of Beaumont
Request for bid
BEAUMONT
BID CERTIFICATION
Mesa Lift Station Upgrade
CIP W-11
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No. 741879
Expiration Date 06/26
Class of license
A
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 6
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
Borden Excavatin Inc.
„i9
ryce Borden, VP
8/20/24
BID FORM
16
BEAUMONT
BEAUMONT
550 E. 6th Street
Phone (951) 572-3236
BeaumontCa.gov
-CALIFORNIA-
City of Beaumont
A. Price this Bid item based on the quotation of S39,000.00 prodded iii the Biorem proposal dated 1/18/2021.
Acknowledgement of Addendum #3 (To be included with proposal) Bryce Borden, VP
Print Name
8/20/24
Date
BEAUMONT
550 E. 6th Street
Phone (951) 572-3236
BeaumontCa.gov
BEAUMONT
-C A L 1 F O R N 1 A-
City of Beaumont
Addendum #6
Request for Bid: CIP No. W-11 MESA LIFT STATION UPGRADE Questions & Answers
Question: The plans and specs [Section 400539-2.3A] say that CML can be used but I'm assuming that for the RW line that is on the job (we quoted that part as CML). But my interpretation is that the lift station is for a sewage application.
Answer: Cement mortar lined DIP shall be used for the lift station piping.
Question: Concerning the bid schedule item no. 34 "Furnish and Install New Electrical Gear including Variable Frequency Drives" has been marked out. Is the contractor to assume that the existing equipment is going to be used instead of new VFD's and MCC circuit breakers? If so, will there be a need to replace the existing feeder cable to each pump and control wiring? Answer: The contract requires new electrical equipment and wiring including but not limited to VFDs, feeders, and control wiring. For specific information, refer to the Notes on Sheet E501, E601 and the schedules on sheets E801, E802 and E803.
Acknowledgement of Addendum #6 (To be included with proposal) Bryce Borden, VP
Print Name
8/20/24
Date
City of Beaumont
Request for bid
BEAUMONT
BID FORM
17 Mesa Lift Station Upgrade
CIP W-11
City of Beaumont
Request for bid BEAUMONT CIP W-11
Mesa Lift Station Upgrade
-CALIFORNIA-
BID CERTIFICATION
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors,
License No.
741879
Expiration Date 06/26
Class of license A
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 6
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 Borden Excavating Inc.
Signature
Name and Title Bryce Borden, VP
Dated
8/19/24
BID FORM
16
City of Beaumont
Request for bid
BEAUMONT
Mesa Lift Station Upgrade
CIP WW -11
CONTRACTOR'S CERTIFICATE REGARDING
WORKERS' COMPENSATION
CIP WW -11 Mesa Lift Station Upgrade
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 Borden Excavating Inc.
Signature
Name and Title Bryce Borden, VP
Dated
8/19/24
CONTRACTOR'S CERTIFICATE REGARDING
WORKERS' COMPENSATION
17
City of Beaumont
Request for bid
BEAUMONT
CALIFORNIAI A
Mesa Lift Station Upgrade
CIP WW -11
BID BOND
CIP WW -11 Mesa Lift Station Upgrade
The makers of this bond are,
Borden Excavating, Inc.
as Principal, and
U.S. Specialty 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 August 13 , 2024, for WW -11 Mesa Lift Station Upgrade.
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
18
City of Beaumont
Request for bid
BEAUMONT
Mesa Lift Station Upgrade
CIP WW -11
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several seals this 12th day of August , 2024, the name and corporate seal of each corporation.
(Corporate Seal)
C
(Corporate Seal)
Borden Excavating, Inc.
Principal
Tit e
arlt4, VP
U.S. Specialty Insurance Company
Surety
By
Irene Lud
Attorney -in -Fact
Attorney -in -Fact
(Attach Attorney -in -Fact Certificate) Title
BID BOND
19
City of Beaumont
Request for bid
BEAUMONT
Mesa Lift Station Upgrade
CIP WW -11
STATE OF CALIFORNIA )
) ss.
CITY OF R;vr„03;cic. )
On this 2.041` day of A -v us , in the year 2024, before me, Prk D c , a Notary Public in and for said state, personally appeared Vey ct Qnrlt v. , 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 VS Spv,..Akty lnswroicc Coviim ►y (Surety) thereto and his own name as Attorney -In - Fact.
° N ALEC BRAUN II
APk. Notary Public - California
Riverside County
' Commission # 2494177
*Comm. Expires Jul 11, 2028
(SEAL)
Commission expires:
Notary Publ' , in and for said State
NOTE: A copy of the Power -of -Attorney to local representatives of the bonding company must be attached hereto.
BID BOND
20
Place Notary Seal Above
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
}
On AUG 1 2 2024 before me, Thao Nguyen Luu
Date
personally appeared Irene Luong
Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s)
, Notary Public,
TNAO NGUYEN LUU
Notary Public - California
Orange County
Commission P 2453804
ray Comm. Expires Jul 18, 2027
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.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature
OPTIONAL
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual
❑ Corporate Officer—Title(s):
❑ Partner 111 Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
❑ Individual
❑ Corporate Officer —Title(s):
LI Partner ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
111 TOKIO MARINE
HC C
POWER OF ATTORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:
Yung T. Mullick, James w. Moilanen, Irene Luong, Emilie George, Christine Woolford, Danielle Hanson or P. Austin Neff of Mission Viejo, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed *** Fifty Million and 00/100 "** Dollars *** $50 000 000.00 ***'I. This Power of Attorney shall expire without further action on April 23rd, 2026. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:
Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions:
Attomey-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 1851 day of April 2022.
State of California
County of Los Angeles
AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING OMPANY UNITED 5TA e,3URETX„fpI111PANY oktw$PECIAL 4N, URANCE COMPANY S....�R1 SV'tGlWA .4'1C6Ult4`vT Na4aq�.sy�
s—:s23ca,;1i
By:
Daniel P. Aguilar, Vice President
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 On this 1851 day of April 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
SONIA 0. CARRE O
Notary Public • California
Los /Inflates County L
_Commission:2398710 2398710 [
My Comm. Expires Apr 23. 2026
I, Kio Lo, Assistant Secretary bf` American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 12th day of August , 2024
Corporate Seals
Bond No. N/A
Agency No. 7715 - PDF POA
visit tmhcc.com/surety for more information
HCCSMANP0A0212023
No.
STATE OF CALIFORNIA
DEPARTMENT OF INSURANCE
SAN FRANCISCO
Amended
Certificate of Authority
THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, U. S. Specialty Insurance Company
of Houston, Texas, organized under the laws of Texas, subject to its Articles of incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance:
Fire, Marine, Surety, Disability, Liability, Workers' Compensation, Aircraft, and Miscellaneous
as such classes are now or may hereafter be defined in the Insurance Laws of the State of California.
THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended.
IN WITNESS WHEREOF, effective as of the 29th day of December, 2004, I have hereunto set my hand and caused my official seal to be affixed this 29th day of December, 2004.
Fee $117.00
Rec. No.
Filed 4/12/04
By
Certification
John Garamendi
Insurance Commissioner
Victoria S. Sidbury
for Ida Zodrow
Asst. Chief Deputy
I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate of Authority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof and of the whole of said duplicate, and said Certificate of Authority is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 14th day of March, 2007.
Steve Poizner
Insurance Commissioner
Pauline D 'Andrea
£Z91, JO L917 abed
City of Beaumont
Request for bid BEAUMONT
-C ALIG DRNIA-
DESIGNATION OF SUBCONTRACTORS
CIP W-11 Mesa Lift Station Upgrade
Mesa Lift Station Upgrade
CIP WW -11
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: the name, the location of the place of business, the California contractor license number, and public works contractor registration number issued of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
Po rtion of the
Work
Subcontractor
Location of
Business
License
Number .
Public Works
Contractor
Registration
Number
% of
Work
Electrical
Herman and Charles Inc.
461 E. Redlands Blvd
San Bernardino, CA
92408
1086284
1000859957
)'
79 Concrete work
CMB Construction & Engineering
7090 Archibald Ave
Alta Loma, Ca 9170
613977
1000001531
Roof
CST
498 N. Loop 336E,
Conroe, TX 77301
1053983
1000012228
%P
D
Block Wall
Masonry Solutions
10704 Valley dr.,
Riverside Ca 92505
648103
1000548424)
P
Painting and coating
Parada Painting inc
14281 Palisades DR,
Poway Ca 92064
0072066
1000004724
q 4
Paving
Hardy & Harper, INC.
32 Rancho Cir,
Lake Forest, CA 92630
215952
1000000076
1 DO
DESIGNA TION OF SUBCONTRACTORS
21 £Z91, Jo 8917 abed
City of Beaumont
Request for bid
BEAUMONT
-CALIF ORNIA-
Mesa Lift Station Upgrade
CIP WW -11
Portion of the
Work
Subcontractor
Location of
Business
License
Number.
Public Works
Contractor
Registration
Number
% of
Work
DESIGNATION OF SUBCONTRACTORS
22 £Z91, JO 6917 e6ed
City of Beaumont
Request for bid
BEAUMONT
-CALIFO RNI A-
Mesa Lift Station Upgrade
CIP WW -11
Portion of the
Work
Subcontractor
Location of
Business
License
Number.
Public Works
Contractor
Registration
Number
% of
Work
Name of Bidder Borden Excavating Inc.
Signature
Name and Title Bryce Borden, VP
Dated 8/19/24
DESIGNATION OF SUBCONTRA CTORS
23 City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
INFORMATION REQUIRED OF BIDDERS
CIP W-11 Mesa Lift Station Upgrade
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable ("N/A") where appropriate.**] NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.
1.0 Name of Bidder: Borden Excavating Inc.
2.0 Type, if Entity:
3.0 Bidder Address:
S Corp
1014 2nd St. Calimesa, CA
909-795-5354
909-795-5410
Facsimile Number Telephone Number
4.0 License Information:
741879
a 6/26
License No.
1000001975
Class of License Expiration Date
DIR Registration No.
5.0 How many years has Bidder's organization been in business as a Contractor? 15 years
6.0 How many years has Bidder's organization been in business under its present name? 15 years
5.1 Under what other or former names has Bidder's organization operated? N/A
INFORMATION REQUIRED OF BIDDERS
24
City of Beaumont
Request for bid
BEAUMONT
-CALIFORNIA-
Mesa Lift Station Upgrade
CIP WW -11
7.0 If Bidder's organization is a corporation, answer the following:
7.1 Date of Incorporation: 01/30/2009
7.2 State of Incorporation:
7.3 President's Name:
California
Shaun Borden
7.4 Vice -President's Name(s): Bryce Borden
7.5 Secretary's Name:
7.6 Treasurer's Name:
Shaun Borden
Shaun Borden
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.
N/A
INFORMATION REQUIRED OF BIDDERS
25
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
11.0 What type of work does the Bidder normally perform with its own forces? Pipeline, Lift Stations, Booster Stations
12.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
no
13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
no
14.0 List Trade References:
Yucaipa Valley Water District
15.0 List Bank References (Bank and Branch Address):
Chase : 1195 Calimesa Blvd, Calimesa, CA 92320
Chase Bank, P: (909) 795-2522
INFORMATION REQUIRED OF BIDDERS
26
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
16.0 Name of Bonding Company and Name and Address of Agent:
U.S. Specialty Insurance Company 13403 Northwest Freeway Houston, TX. 77040
INFORMATION REQUIRED OF BIDDERS
27
City of Beaumont
Request for bid
BEAUMONT
-CALIFORNIA-
B. LIST OF CURRENT PROJECTS (Backlog)
Mesa Lift Station Upgrade
CIP WW -11
[**Duplicate Page if needed for listing additional current projects.**] Project
Description of
Bidder's Work
Completion
Date
Cost of
Bidder's Work
Contact Name &
Phone
SMWD
WD
replacement
20,000' 16" of Water
1/30/24
8,000,254
Rich- 951-398-60
R16.2
2,500' of 16" Water
9/15/24
829,000
Matt Porres
909-797-5118
SCRAM
Nano Filtration Facility
11/25/24
6,555,225
Matt Porres
909-797-5118
Lift Station 4
YVWD Lift Station
12/15/24
4,135,298
Matt Porres
909-797-5118
INFORMATION REQUIRED OF BIDDERS
28
City of Beaumont
Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
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
SBVWD
Waterman Hydroelectric
Facility
3/15/20-6/15/21
2,252,500.00
Aaron Jones
909-838-0085
YVWD
Reclaimed System
1/15/22-7/1/22
4,047,174
Matt o rres
909-7997-517-51 18
INFORMATION REQUIRED OF BIDDERS
29
City of Beaumont
Request for bid
BEAUMONT
Mesa Lift Station Upgrade
CIP WW -11
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:
Bryce Borden Project Manager- 75%
James Borden Superintendent 100%
2. Summarize each person's specialized education:
Bachelor Degrees
3. List each person's years of construction experience relevant to the project:
Bryce Borden - 10 Years
James Borden - 40 Years
4. Summarize such experience:
Expert Pipeline Installers
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
30
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
-CALIFORNIA-
Additional Bidder's Statements:
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 Borden Excavating Inc.
Signature
Name and Title Bryce Borden, VP
Dated 8/19/24
INFORMATION REQUIRED OF BIDDERS
31
City of Beaumont Mesa Lift Station Upgrade
Request for bid BEAUMONT CIP WW -11
NON -COLLUSION AFFIDAVIT
CIP W-11 Mesa Lift Station Upgrade
Bryce Borden
, being first duly sworn, deposes and says that he is
of Borden Excavating Inc. the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Name of Bidder Borden Excavating Inc.
Signature
Name and Title Bryce Borden, VP
Dated
8/19/24
NON -COLLUSION AFFIDAVIT
32