288
APPROVED AS TO FORM AND
LEGAL CONTENT:
Kevin G. Ennis , City Attorney
Richards , Watson & Gershon
Resolution 2022- 99
289
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2022- 99, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of July 2022 by the following vote, to wit:
AYES: Hamlin, Pingree, Sanchez, and Wallace.
NOES:
ABSENT: Happe .
ABSTAIN:
Resolution 2022- 99
Caroline Patton, Deputy
City of Banning, California
290
EXHIBIT " A"
Table 1: Pre- Qualified Engineering On- Call Matrix ( eff. July 1, 2022, 5-year maximum term) C
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Proposing Firm and Pre- Qualified Service · s:
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Albert A. Webb Associates 90. 3
CASC Eng. and Consulting, Inc 85. 7
Cozad & Fox 79. 3
Earth Systems Pacific 12. 3
Eng. Resources of So. California 95. 3
EXP U.S. Services, Inc 89. 3
Hunsaker Associates 75. 3
IMEG Corp 93. 7
Inland Foundation
J. Smith & T. Muli, Inc 80. 0
Kimley- Horn and Associates, Inc 95. 7
Landscape Dynamics
Mark Thomas & Company 89. 7
Michael Baker Internationa I 96. 0
MTGL, Inc
N2W Engineering
Onward Engineering 77. 0
Provost & Pritchard Consult. Group 78. 3
Rick Engineering Company 91. 5
STC Traffic, Inc.
TKE Engineering, Inc. 91. 7
Transtech Engineers, Inc. 84. 7
Wildan Engineering 94. 7
Totals: 13
Resolution 2022- 99
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291
CITY OF BANNING
PUBLIC WORKS DEPARTMENT
Invitation to Bid
DESIGN OF OPPORTUNITY VILLAGE SOUND WALL
Release Date: October 19, 2023
Due Date: November 13, 2023 (by 2:00 p.m.)
Contact Person: Patrick Safari, CIP Manager
Phone: (951) 922-3168
E-mail: [email protected]
I. PROPOSAL
The City of Banning (City) is soliciting proposals from qualified firms for the design of Opportunity Village (Homeless Shelter) Sound Wall to provide effective freeway traffic noise reduction for the shelter occupants. The Consultant will design approximately 1000 feet of sound barrier along Bryant Street and south of Interstate I-10 Freeway. The Consultant will develop Plans, Specifications and Estimates (PS&E) including all documents required to bid and construct a sound wall along Bryant Street. The City of Banning prefers non-masonry sound walls such as Carsonite AcoustaShield Composite Sound Barrier Systems, Sound Fighter Systems or approved equal for ease of installation and lower cost.
II. SCHEDULE OF EVENTS
The Invitation for Bids will be governed by the following tentative schedule. All dates are subject to change at the discretion of the City:
Event Date Time
Invitation for Bids Released October 19, 2023 N/A
Final Questions Due November 2, 2023 Before 2:00 pm PST 292
Responses to Questions
Released
November 6, 2023 N/A
Bids Due November 13, 2023 Before 2:00 pm PST
Tentative City Council Meeting to
Consider Awarding Contract, if
applicable.
December 5, 2023 5:00 pm PST
Notice to Proceed (Tentative) January 3, 2023
III. SUBMITTAL INSTRUCTIONS
Proposals shall be accepted until November 13, 2023 at 2:00 p.m. via email:
Patrick Safari, CIP Manager - [email protected]
The proposal shall include prior experience completing similar projects and it shall be submitted for each proposed personnel. The selected consultant will need to execute a standard contract with the City for professional services.
The proposal package shall include the described services, requirements, compensation, and schedule as organized in Exhibit’s “A” through “D” of the City’s standard professional services agreement. Proposal should be typed and should contain no more than 20 typed pages using a 12-point font size which excludes index/table of contents, tables, charts and graphic exhibits. The proposal shall include among other things:
a. Proposal – The proposal shall be signed by the appropriate company executive who can bind the company in contractual services.
b. Organization and Staffing – Provide information showing all proposed staff assignments and sub-consultants including their relationships with the proposed work.
Identify the Project Leader who will be the day-to-day contact for the services; and, other personnel assigned to perform the required work. The Consultant will provide personnel to act independently in accomplishing work for the City. c. Project Schedule – Provide a tentative project schedule for the Scope of Work from start to completion.
d. Proposed Fee Schedule – Provide a statement of hourly rates for all proposed classifications, including rates for sub-consultants, if any, as well as any proposed percentage mark-up of reimbursable expenses.
e. Suggested Task Breakdown:
Task 1. Project Management
1.1 Kick-Off Meeting
1.2 Progress Meeting
1.3 Invoicing
293
Task 2. Project Development
2.1 Utility Research, Survey and Site Reconnaissance
Task 3. Engineering Design
3.1 Design Plans at 60%
3.2 Final Design Plans
Task 4. Specifications and Estimates
Task 5. Permitting
Task 6. Bidding/Construction Support
IV. SCOPE OF SERVICES
The following is provided as a guideline as to what the City of Banning expects in the scope of work for the project; however, this is just a guideline. Consultant shall provide services necessary to provide a complete (construction ready) project. Modifications to the scope below may be necessary and the information below does not constitute the necessary work for the consultant to complete the project.
The following Scope of Services tasks must be listed and addressed on the proposal submitted to the City:
Task 1. Project Management
1.1 Kick-off Meetings
Within two weeks after the execution of the contract, the consultant and city staff shall have a kick-off meeting to discuss the project scope, goals and finalize the project schedule. The consultant shall set up and manage the project, provide utility coordination, perform quality assurance and quality control prior to each milestone submittal and in conformance with federal, state and city standards.
The consultant shall develop and maintain a detailed work program and schedule the development of a project specific Work Plan. The Work Plan will include, at a minimum, details of methodology, sequence of tasks, lists of deliverables, milestone submittal schedule, summary of organizational responsibilities and contacts.
1.2 Progress Meetings
The consultant shall attend regular status meetings with the City throughout the duration of the project as well as prepare meeting minutes. The consultant will meet face to face with the Project Design Team (PDT) monthly. The consultant will be responsible to facilitate other meetings as necessary with City Departments and other key stakeholders, creating meeting agendas with input from the city and prepare and distribute meeting minutes within seven (7) calendar days of the meeting.
294
1.3 Invoicing
The consultant shall invoice the city on a monthly basis. If applicable, all invoices shall include sub-consultant invoices and direct costs. Direct costs shall be supported by a copy of receipts. Monthly invoices shall include details of billed and the remaining budget for each task.
Change orders/additional work requests must be cleared and approved by the City prior to additional work being completed.
Deliverables: Work Plan, Meeting Agendas and Meeting Minutes, Monthly Invoices, Schedule.
Task 2. Project Development
2.1 Utility Research, Survey and Site Reconnaissance
Consultant shall conduct thorough research to obtain all available utility documents within the project area. The consultant shall be responsible for researching all applicable agency and utility company records. The consultant shall be responsible for preparing a complete list of all underground and aboveground utilities and facilities in the project area.
Consultant shall conduct a field investigation to familiarize the project team with the drainage conditions, flow patterns and existing design constraints. Consultant shall conduct a field survey to obtain all the necessary elevations, dimensions, and other measurements necessary to establish proper line and grade.
Deliverables: Field Review Notes, Photo Logs, Letters to Utility Owners, Utility As-Built Maps, Utility Base Map
Task 3. Engineering Design
3.1 Design Plans at 60%
Upon completing record document research, survey and site reconnaissance, the Consultant shall compile all gathered information and prepare 60% design plans. The design shall include all the required wall alignment, grade and associated quantities, cost estimate as well as identifying the existing right-of-way and property lines.
Deliverables: Two (2) sets of 60% plans on 24”X36” paper, Quantities and Cost Estimate.
3.2 Final Design Plans
The Consultant shall prepare a complete set of improvement plans compatible with AutoCAD 2019. The plans shall include a cover sheet with 295
all sheets using the City title block and prepared in accordance with the regulations and standards of the City of Banning.
Deliverables: Four (4) sets Final Design plans on 24”X36” paper, Quantities and Cost Estimate, Final Plans CAD Files
Task 4. Specifications and Cost Estimates
Consultant shall prepare a complete set of technical specifications based on the City’s general and special provisions and sound wall manufacturer's specifications. The City’s preferred sound wall products or approved equal are as follows:
1. https://www.carsonite.com/products/sound-barriers/acoustashield-sound-barrier
2. https://www.soundfighter.com/applications/roads-and-highways/ The Consultant will also prepare cost estimates based on construction bid items and quantities from the 60% and final design plans. A detailed breakdown of each lump sum item should be provided for comparison with other similar projects. Adequate contingencies should be included in the cost estimate to account for the unpredictability of materials costs.
Deliverables: 60% and Final specs and Cost Estimates, Electronic Versions of each Submittal.
Task 5. Permitting
Consultant shall process a Caltrans encroachment permit.
Deliverables: Correspondence with Caltrans, Permit Application and Final Permit.
Task 6. Bidding/Construction Support
Consultant shall be available during the advertisement and construction of the project to answer RFI’s as well as prepare necessary addenda. The consultant shall plan to attend, at a minimum, the following meetings: prebid meeting and pre-construction meeting. The consultant shall review shop drawings and submittals from the contractor for conformance with the contract plans and specifications, and make recommendations for acceptance, denial or re-submittal within reasonable time of receipt. Upon written authorization from the City, consultant shall provide engineering design services for revisions to construction documents resulting from changed or unforeseen conditions, or other change order work required due to actions of the City. The consultant shall assume a minimum of three (3) site visits during construction as requested by the City. Upon completion of the project, the consultant shall use information based on redlined information provided by the Contractor and the City to prepare as296 built plans. As-built plans shall be submitted to the City within one (1) month of receipt of as-built redlines.
Deliverables: Meeting Attendance, Response to Bidder’s/Contractor’s RFIs, Addenda, Submittal Reviews, As-Built Plans
Consultant is encouraged to identify any additional work that is not specified in this Scope of Work that would be, in its opinion, necessary to complete the design project as defined herein. Consultant may propose additional services that in its’ opinion will improve the efficiency and quality of the project. If identified, the additional work or services must be included in the proposal but separated out as an additional task in the Consultant’s Fee Schedule.
V. SUBCONTRACTING
The Consultant may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. Unless a specific subcontractor is listed by Consultant, Consultant is representing to City that Consultant has all appropriate licenses, certifications, and registrations to perform the work hereunder.
After submission of the project specific proposal, the Consultant shall not award work to any unlisted subcontractor(s) without prior written approval of the City. The Consultant shall be fully responsible to the City for the performance of his/her subcontractors, and of persons either directly or indirectly employed by them.
Nothing contained herein shall create any contractual relation between any subcontractor and the City.
VI. PREVAILING WAGE REQUIREMENTS
In responding to this request, all professional firms or contractors agree to comply with prevailing wage requirements, the Department of Industrial Relations, as further described below:
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates, that Contractor and all subcontractors must be registered and pay the registration fee with the Department of Industrial Relations (DIR), Contractor shall be subject to compliance monitoring and enforcement by the DIR, and the performance of other requirements on “Public Works” and “Maintenance” projects. If the services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, 297
employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
California Department Industrial Relations Registrations In 2014, the California legislature enacted several laws impacting public works contracting. Senate Bill 854 (SB 854) creates changes in the way DIR monitors prevailing wage requirements. All contractors and subcontractors must register with the DIR and meet DIR requirements before bidding on public works contracts in California. No contractor or subcontractor may be awarded a contract for public work or public works project unless registered with the DIR.
All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).
Public Work Contractors/Subcontractors can register with the DIR at www.dir.ca.gvo/Public-Works/.
VII. CONSULTANT COMPENSATION
Proposer shall provide a scope and a “not to exceed fixed fee” for professional services and submit the Price Proposal Form (Attachment 1). The selected Consultant will be asked to enter into a “not to exceed” agreement prior to the issuance of the notice to proceed and required to provide insurance naming the City of Banning as additional insured.
VIII. CITY DISCLAIMER
The City reserves the right to reject any or all proposals, to waive any informality in any proposal, and to select the qualifications that best meet the City needs. The City also reserves the right to reduce or revise elements of the scope of services, or to amend or modify the contractual requirements, or to negotiate with any qualified consultant.
No representation is made that any contract will be awarded pursuant to this RFP. In no way shall a contract be viewed as an exclusive contract in any way. The City reserves the right to retain additional consultants as necessary to satisfy the needs of the City. All costs incurred in the preparation of the proposal, in the submissions of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposed firm. Information submitted to the City in response to this RFP will become the property of the City of Banning and will not be returned.
IX. STANDARD CONTRACT
The Consultant shall be willing to enter into an agreement attached as Attachment 2 and comply with the City’s insurance requirements as indicated in the agreement.
X. SCHEDULE
The consultant shall provide a project schedule indicating key project milestones and project activities. The schedule shall reflect a tentative start date of January 3, 2024. 298
XI. NEGOTIATIONS
In an effort to manage the resources available for this project, the City may find it necessary to negotiate tasks, include contingencies for additional meetings or workshops, and address other factors identified by the Proposer not contemplated in this document or the City’s standard agreement.
XII. ATTACHMENTS:
1. Pricing Proposal Form
2. Agreement and Insurance Requirements
3. Public Works Contract Requirements
299
ATTACHMENT 1
(Pricing Proposal Form)
300
PRICING PROPOSAL FORM
Provide hourly rates, along with pricing in accordance with the City’s current requirements, as set forth in the Scope of Work. [Also provide your firm’s proposed Staffing Plan (subtasks, employee classification, hourly rate, hours assigned and total cost) on a separate sheet of paper.] Proposer should use a separate form to state pricing for any added value.
Task No. Task Hours Total Cost
Task 1 Project Management $
Task 2 Project Development
2.1 Utility Research, Survey, Site Recon $
Task 3 Engineering Design
3.1 Design Plans (60%) $
3.2 Final Design (100) $
Task 4 Specifications & Cost Estimate $
Task 5 Permitting $
Task 6 Bidding/Construction Support $
A. Total proposal amount in written form (Tasks 1-6):
____________________________________________________
OPTIONAL TASK Hours Total Cost
Additional Services TBD by consultant if
necessary
$
$
$
$
B. Optional task(s) amount in written form:
____________________________________________________
Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los Angles-Riverside-Orange County, CA, All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal month and the same month in the 301
subsequent year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
Consultant shall provide a separate rate schedule identifying staff members’ hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc. 302
ATTACHMENT 2
(Sample Agreement and Insurance Requirements)
303
11303-0001\2191354v2.doc
PROFESSIONAL SERVICES AGREEMENT
By and Between
THE CITY OF BANNING
and
VENDOR NAME
304
Exhibit “A”-1
11303-0001\2191354v2.doc
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF BANNING, CALIFORNIA
AND
VENDOR NAME
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this 22nd day of May, 2018 by and between the City of Banning, a municipal corporation (“City”) and Vendor Name, a California corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”.
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services for the Insert Type of Work to be Completed prepared in connection therewith, and as further defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder and which relate the Insert Type of Work to be Completed prepared in connection therewith. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and 305
Exhibit “A”-2
11303-0001\2191354v2.doc
professional manner, and is experienced in performing the work and services contemplated herein.
Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
This Agreement shall include the Request for Proposal or Invitation for Bids (“Contract Documents”) and the Scope of Service shall include the Consultant’s scope of work or in Consultant’s accepted bid proposal (“Accepted Bid”) shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Contract Documents, Accepted Bid, and/or Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.
306
Exhibit “A”-3
11303-0001\2191354v2.doc
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000, whichever is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultantshall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desk, filing cabinets, and conference space (“City Facilities”), as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities. 307
Exhibit “A”-4
11303-0001\2191354v2.doc
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed WRITTEN AMOUNT IN DOLLARS ($0.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the services, (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-consultant expenses if an approved sub-consultant pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance.
By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts. Sub-consultant charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
308
Exhibit “A”-5
11303-0001\2191354v2.doc
City may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions of the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
309
Exhibit “A”-6
11303-0001\2191354v2.doc
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, or extended in writing in advance by both parties, except as otherwise provided in the Schedule of Performance (Exhibit “D”). Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (Principals) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
_____________ ___________________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subconsultants, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and sub-consultants, if any, assigned to perform the services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desire to reassign any staff or sub-consultant of Consultant, Consultant shall, immediately upon reassign notice from City of such desire of City, reassign such person or persons.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights. 310
Exhibit “A”-7
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4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent Consultant of City and shall remain at all times as to City a wholly independent Consultant with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venture or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best's Insurance Rating Guide, or (ii) authorized by the City 311
Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.
(v) PROFESSIONAL LIABILITY Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of $1,000,000 per claim/occurrence and $1,000,000 policy aggregate.
In the event Consultant purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).
If this Agreement continues for more than three (3) years duration, or in the event the City Manager or his/her designee determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager, or his/her designee.
Exhibit “A”-8
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312
Exhibit “A”-9
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Consultant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Consultant shall also be responsible for payment of any self-insured retentions.
Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its Council members, officers, officials, employees and agents; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.
5.2 General Requirements.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Consultant’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers.
Should Consultant maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.
2. Insurance must be maintained and evidence of insurance must be provided for at least three years after any expiration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a three-year discovery period. 313
Exhibit “A”-10
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3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of three years following the expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to City for review.
5. These requirements shall survive expiration or termination of the Agreement.
Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.
If at any time during the life of this Agreement or any extension, Consultant or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Consultant shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Consultant of its responsibilities under this Agreement.
Upon request of City, Consultant shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.
The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, employees, agents, persons under the supervision of Consultant, vendors, suppliers, invitees, subcontractors, or anyone employed directly or indirectly by any of them.
If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Consultant and City prior to the commencement of any work by the subcontractor.
314
Exhibit “A”-11
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5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable, or arising from their reckless or willful misconduct, or negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of such claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
315
Exhibit “A”-12
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require sub-consultants to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, sub-consultants and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, revise or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-consultants shall provide for assignment to City of any documents or materials prepared by them, and in the event 316
Exhibit “A”-13
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Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or sub-consultants, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or sub-consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. 317
Exhibit “A”-14
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7.2 Disputes; Default.
In the event that City determines Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any payment amount of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or 318
Exhibit “A”-15
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different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Consultant and its sureties shall be liable for and shall pay to the City the sum of Not Applicable ($0.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Consultant any accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and 319
Exhibit “A”-16
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prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.10 Attorneys’ Fees.
If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-consultant without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
320
Exhibit “A”-17
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8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF BANNING, 99 East Ramsey Street, Banning, CA 92220 and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 321
Exhibit “A”-18
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9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
322
Exhibit “A”-19
11303-0001\2191354v2.doc
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
By:
Rochelle Clayton, Interim City Manager
By:
NAME:
TITLE:
NAME:
TITLE:
ATTEST:
Tax ID No.
Sonja De La Fuente, Deputy City Clerk
APPROVED AS TO FORM:
Richards, Watson, Gershon
Kevin G. Ennis, Esq., City Attorney
Two signatures are required if a corporation
NOTE: CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
323
Exhibit “A”-20
11303-0001\2191354v2.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On __________, 20__ before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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. 324
Exhibit “A”-21
11303-0001\2191354v2.doc
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following services in connection with providing Insert Type of Work to be Completed prepared in connection therewith:
A.
B.
C.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A.
B.
C.
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the services, Consultant will keep the City appraised through periodic status reports regarding the performance of the services under this Agreement by the following means:
A.
B.
C.
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.
V. Consultant will utilize the following personnel to accomplish the services:
A.
B.
C.
325
Exhibit “B”-1
11303-0001\2191354v2.doc
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None
326
Exhibit “C”-1
11303-0001\2191354v2.doc
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates
TASK DESCRIPTION SUB-BUDGET
1. $0.00
2. $0.00
3. $0.00
4. $0.00
5. $0.00
TOTAL $0.00
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
IV. The City will compensate Consultant for the services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-consultant labor, supplies, equipment, materials, and travel properly charged to the services.
V. The total compensation for services shall not exceed $0.00 as provided in Section
2.1 of this Agreement.
VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1. 327
Exhibit “C-1”-1
11303-0001\2191354v2.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
328
Exhibit “D”-1
11303-0001\2191354v2.doc
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the schedule to be developed by Consultant and subject to the written approval of the Contract Officer. Consultant will provide a written proposal within one week of the City’s request for services, unless otherwise agreed to by the Contract Officer.
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. Proposed Project Schedule – Attached as Exhibit D-1.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
329
Exhibit “D-1”-1
11303-0001\2191354v2.doc
EXHIBIT “D-1”
PROPOSED PROJECT SCHEDULE
330
16 EXHIBIT C
Price Proposal Form
---The rest of this page is intentionally left blank--- 331
17 Pricing Proposal Form
PRICING PROPOSAL FORM
Provide hourly rates, along with pricing in accordance with the City’s current requirements, as set forth in the Scope of Work. [Also provide your firm’s proposed Staffing Plan (subtasks, employee classification, hourly rate, hours assigned and total cost) on a separate sheet of paper.] Proposer should use a separate form to state pricing for any added value.
Task Total Cost
1. Hydrology/Hydraulics Analysis $
2. Utility Coordination $
3. Grading Plans $
4. Storm Drain Plans $
5. Final PS&E $
6. Bid Phase Assistance $
7. Construction Survey/Post Construction $
$
A. Total proposal amount in written form:
____________________________________________________
B. Optional tasks:
____________________________________________________
**Enter this Total amount electronically in PlanetBids** 332
18 Pricing shall remain firm for a minimum of two (2) years. Any and all requests for pricing adjustments for follow-on contract renewal periods shall be provided no later than sixty (60) days prior to the end of the contract period. Any such proposed price adjustments shall not exceed The Bureau of Labor Statistics Consumer Price Index (CPI) data for Los AnglesRiverside-Orange County, CA, All Items, Not Seasonally Adjusted, “annualized change comparing the original proposal month and the same month in the subsequent year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) Consultant shall provide a separate rate schedule identifying staff members’ hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, etc.
Employee Hourly Rate Hours worked Total Cost
$ $
$ $
$ $
333
ATTACHMENT 3
(Public Works Contract Requirements)
334
City of Banning Labor Compliance Pre-job Checklist
Revised: 12/2018
Signature of Prime Contractor:________________________ Project No.:______________ Page 1 of 5
PUBLIC WORKS CONTRACT
REQUIREMENTS
Project Title:
Invitation for Bid #: Contract Duration: to
Description of Project:
Labor Compliance Contact
Information:
Name:
Physical Address:
Mailing Address:
Email:
Phone:
Prime Contractor: Name:
Physical Address:
Mailing Address:
Email:
Phone:
Contractor License #: Contract Manager:
PWCR #: Project Manager:
POSTERS/NOTICES
Contractors are required to post all required state posters on the jobsite in an area accessible to all workers, including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before, during, and after work shifts. Jobsites with multiple locations must include a portable poster board to ensure continued access to the information. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirement.
State general prevailing wage determinations in effect on date advertised General prevailing wage determination ____________________________ Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm Reference: California Labor Code Section (LC §) 1773.2 335
City of Banning Labor Compliance Pre-job Checklist
Revised: 12/2018
Signature of Prime Contractor:________________________ Project No.:______________ Page 2 of 5
PREVAILING WAGE REQUIREMENTS
All workers employed in the execution of a public works project, including sole proprietors, partners, and corporate officers, must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: LC §1774
Contractors utilizing an entity for the purpose of hauling or delivery of ready-mixed concrete are required to enter into a written subcontract agreement with the entity. Reference: LC § 1720.9 Workers employed in the hauling and delivery of ready-mixed concrete must be paid not less than the specified prevailing wage for the type of work performed in the geographic location of the plant/batch facility. Reference: LC § 1720.9 Overtime must be paid for all hours over 8 in a calendar day and 40 hours in a week. Violations may subject the contractor to a state penalty. Reference: LC §1810-1815 Saturday/Sunday premium rates are applicable as indicated on prevailing wage determinations. When required, shift differential rates must be paid for classifications which include a shift determination.
State Prevailing Wages
* Single asterisk indicates that this wage determination can be used for the life of the contract.
**Double asterisk indicates that this wage determination includes predetermined increases. Subsistence/Zone pay must be shown on the fringe benefit statement if not shown on certified payroll.
The contractor must make applicable travel and subsistence payments in accordance with information on file with the California Department of Industrial Relations (DIR) for classifications utilized. Contact the Prevailing Wage Unit at (415) 703-4774 or available on DIR’s Web site at: http://www.dir.ca.gov/dlsr/PWD/index.htm Reference: LC §1773.1
Contractors violating prevailing wage requirements are subject to a penalty to be paid in addition to any wage underpayments. Liquidated damages in the amount of the wage underpayments may also apply. Reference: LC §1775 and §1742.1
PAYROLL REQUIREMENTS
Labor Classification Survey form shall be completed by the prime and subcontractors and Submitted by the Prime to the City at the beginning of the project. All labor compliance documents submitted must be complete and accurate, and require the correct contract number.
336
City of Banning Labor Compliance Pre-job Checklist
Revised: 12/2018
Signature of Prime Contractor:________________________ Project No.:______________ Page 3 of 5 Certified payrolls must be completed weekly and documents are due with invoice. Reference:
LC §1771.5
Certified payrolls must include ALL information as required by Labor Code 1776, Contractor/Subcontractor Payroll. Reference: LC §1776
Certified payrolls shall display employee social security numbers OR if desired, the last 4- digits of the SSN may appear on the payroll documents if a “Master Key” of social security number is provided.
Classification and group numbers are required on all payrolls (i.e., Laborer-Group 1, PlumberPipefitter, etc.). When work classification is not shown or a misclassification has been identified, the City of Banning will determine the wage rate based on duties performed. Reference: LC §1776 Payrolls must clearly show how gross and net wages are calculated, including fringe benefits. A Statement of Compliance is due with each weekly payroll. Boxes must be marked indicating if benefits are paid to a fund or to the employee(s). All deductions marked “other” must be explained on the payroll or the Statement of Compliance (i.e. garnishments, tools, etc.).
Reference: LC §1776
All deductions marked “other” (i.e. garnishments, tools, etc.) must be explained on the payroll or the Statement of Compliance. Source documents to confirm the “other” deduction that meet requirements of an authorized payroll deduction are to be submitted on the first payroll which the deduction appears. Authorization for “Other” Payroll Deduction form is required to be submitted to the City.
A Fringe Benefit Statement (Statement of Employer Payment) form), must be completed and signed showing hourly rates and the name and address of the plan(s) whenever fringe benefits are paid to a plan, fund or program. The form must be submitted with the first payroll and when fringe benefits or subsistence amounts change. Statements must be specific to the contract. Reference: LC §1773.1 All contractors are required to provide itemized wage statements (check stubs) to employees. A Statement of Non-Performance is required during the project weeks that work is not performed. Failure by the prime to submit the required reports or documents will result in all payments due to the contractor being withheld until the next invoice after compliance. Reference: LC §1771.5 City of Banning Owner-Operator Listing form, may be used when owner-operators are performing on the project. Reference: LC §1776
The contractor employing an equipment owner-operator must complete the owner- operator listing. Forms will not be accepted from the equipment owner-operator unless the hiring contractor signs the owner- operator Statement of Compliance. Whenever an entity is used in the hauling or delivery of ready-mix concrete the following documentation must be provided:
A copy of the written agreement between the entity hauling/delivering ready-mix 337
City of Banning Labor Compliance Pre-job Checklist
Revised: 12/2018
Signature of Prime Contractor:________________________ Project No.:______________ Page 4 of 5 concrete and the contractor is required to be submitted with the first payroll which the entity performed work.
The contractor is required to submit a copy the driver’s certified time records to the City of Banning with the payroll submission. Reference: LC § 1720.9 Certified payrolls may be maintained and submitted electronically utilizing the Department of Industrial Relations Reporting form (State).
Submissions must be in an unmodifiable PDF format and contain all information required by California Labor Code Section 1776.
The prime contractor and each subcontractor must complete and submit a Certification of Authorization form to the City of Banning certifying that the principals and authorized payroll officer understand the requirements.
Certified payrolls shall be submitted to the City of Banning and must only contain only one week ending per submittal. Electronic submittals may be sent to [email protected] or hardcopies are acceptable as well.
The prime contractor shall be responsible for providing all subcontractor payroll records to the City.
APPRENTICES
All requirements of California Labor Code, Section 1777.5 apply for classifications which DIR has identified as an apprenticable craft, including the following:
Submit DIR’s Division of Apprenticeship Standards (DAS) form DAS-140, Public Works Contract Award Information, to the applicable apprenticeship committee prior to start of work. Form may be downloaded at: http://www.dir.ca.gov/DAS/PublicWorksForms.htm Classifications that are an “apprenticable craft” shall contribute training funds to an approved training program.
Training fees MUST be sent to a state-approved apprenticeship program or the California Apprenticeship Council.
Apprentices must be paid the prevailing wage rate applicable to the classification in which they are registered and employed.
Complaints or violations regarding apprentice ratios will be referred to DAS. Proof of registration in a state-approved apprenticeship program will be required and must be submitted with the first payroll on which apprentices appear. Reference: LC §1777.5 An Apprentice Certification Letter is acceptable proof.
If an apprentice is required but not provided by the Division of Apprenticeship, then solicitations submitted by the contractor/subcontractor b to the DAS attempting to obtain an apprentice shall be submitted to the City.
338
City of Banning Labor Compliance Pre-job Checklist
Revised: 12/2018
Signature of Prime Contractor:________________________ Project No.:______________ Page 5 of 5
ACKNOWLEDGMENT
I acknowledge that I have been informed and am aware of the Public Works requirements listed above and that I am authorized to make this certification.
CONTRACTOR : _________________________________________________________________ AUTHORIZED NAME:__________________________ TITLE: __________________________ AUTHORIZED SIGNATURE:__________________________________DATE:______________ PHYSICAL ADDRESS: ____________________________________________________________ MAILING ADDRESS: _____________________________________________________________ EMAIL ADDRESS: _____________________________ PHONE: _________________________ PAYROLL CONTACT NAME: _____________________________________________________ TITLE: __________________________________________________________________________ E-MAIL ADDRESS: ______________________________ PHONE:________________________ 339
CITY OF BANNING
LABOR CLASSIFICATION SURVEY
PROJECT NAME: CONTRACTOR:
PROJECT NUMBER: SUBCONTRACTOR:
CLASSIFICATIONS
BRICKLAYER ______ LABORERS: GROUP 1 _____
CARPENTERS ______ GROUP 2 _____
CEMENT MASONS ______ GROUP 3 _____
DRYWALL HANGERS ______ GROUP 4 _____
ELECTRICIANS ______ GROUP 5 _____
IRON WORKERS ______ POWER EQUIPMENT OPERATORS
PAINTERS ______ GROUPS 1-21 _______
PLUMBERS ______ _______
ROOFERS ______ _______
SHEET METAL WORKERS ______ TRUCK DRIVERS
SOFT FLOOR LAYERS ______ GROUPS 1-11 ______
TILE LAYERS ______ ______
LANDSCAPE / IRRIGATION ______
FITTERS ______
LABORERS – STRIPPING ______ ADDITONAL CLASSIFICATIONS
(Must be approved by the City)
PLASTERER ______
CLASSIFICATIONS
OTHERS
______________________________
____________________ ______
_______________________________
____________________ ______
_______________________________
____________________ ______
_______________________________
____________________ ______
340
CERTIFICATION OF
UNDERSTANDING AND AUTHORIZATION
Project No:
Project Name:
This is to certify that the principals, and the authorized payroll officer, below, have read and understand the minutes of the Pre-Construction Conference and the labor standards clauses pertaining to the subject project.
The following person(s) is designed as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly-certified payroll reports for this project.
Print or Type Payroll Officer (Name)
Payroll Officer (Signature) Date
Company Name (Contractor/Sub-contractor)
Contractor/Sub-contractor License Number
Print or type Owner/CEO (Name)
Signature (Owner/CEO)
Title
Date
341
AUTHORIZATION for “OTHER’’
PAYROLL DEDUCTION
Project No:
Project Name:
Employee Name:
Employee Address:
Employee Phone Number :( )
I hereby authorize to deduct the following
(Name of Company)
from my paycheck:
Amount of deduction: $
Start date of deduction: $
Frequency of deduction: $
Termination date of deduction: $
Reason for deduction:
This certification has been executed under penalty of perjury on this day of , .
EMPLOYEE Signature:
EMPLOYER Signature:
342
Statement of Employer Payments
Date: In Reply, Refer to Case No:
Prime:
Subcontractor:
PROJECT NAME:
PROJECT CONTRACT NO.: County/location:
NAME OF PLAN Address, City and Zip
ADMINISTRATOR Address, City and Zip
CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY_____ MONTHLY_____ QUARTERLY_____ ANNUALLY_____ NAME OF PLAN Address, City and Zip
ADMINISTRATOR Address, City and Zip
CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY_____ MONTHLY_____ QUARTERLY_____ ANNUALLY_____ NAME OF PLAN Address, City and Zip
ADMINISTRATOR Address, City and Zip
CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY_____ MONTHLY_____ QUARTERLY_____ ANNUALLY_____ NAME OF PLAN Address, City and Zip
ADMINISTRATOR Address, City and Zip
CLASSIFICATION(S) USED CONTRIBUTION PER CLASSIFICATION PER HOUR CONTRIBUTIONS: WEEKLY_____ MONTHLY_____ QUARTERLY_____ ANNUALLY_____
IF YOU USE OTHER PLANS NOT LISTED ABOVE, YOU MAY USE THE BACK OF THIS FORM TO PROVIDE
THIS ADDITIONAL INFORMATION
PW 26
HEALTH AND WELFARE
PENSION
VACATION/HOLIDAY
TRAINING
343
S = STRAIGHT TIME *OTHER – Any other deductions, contributions and/or payments whether or not included or required by prevailing CERTIFICATION MUST be completed Form A-1-131 (New 2-80) O = OVERTIME wage determinations must be separately listed. Use extra sheet(s) if necessary (See reverse side) SDI = STATE DISABILITY INSURANCE
CaliforniaDepartment of
Industrial Relations
Page ______ of ______
NAME OF CONTRACTOR: CONTRACTOR'S LICENSE NO.: ADDRESS: OR SUBCONTRACTOR: SPECIALITY LICENSE NO.: PAYROLL NO.: FOR WEEK ENDING: SELF-INSURED CERTIFICATE NO.: PROJECT OR CONTRACT NO.:
(4) DAY (5) (6) WORKERS' COMPENSATION POLICY NO.: PROJECT AND LOCATION:
(2) M T W TH F S S (9)
DATE
(1)
NAME, ADDRESS AND
SOCIAL SECURITY NUMBER
OF EMPLOYEE
NO. OF WITHHOLDING
EXEMPTIONS
(3)
WORK
CLASSIFICATION
HOURS WORKED EACH DAY
TOTAL
HOURS
HOURLY
RATE
OF PAY
(7)
GROSS AMOUNT
EARNED
(8)
DEDUCTIONS, CONTRIBUTIONS AND PAYMENTS
NET WGS
PAID FOR
WEEK
CHECK
NO.
THIS
PROJECT
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI
VAC/
HOLIDAY
HEALTH & WELF. PENSION
S
TRAING. FUND
ADMIN
DUES
TRAV/ SUBS. SAVINGS OTHER*
TOTAL DEDUCTIONS
O
THIS
PROJECT
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI
VAC/
HOLIDAY
HEALTH & WELF. PENSION
S
TRAING. FUND
ADMIN
DUES
TRAV/ SUBS. SAVINGS OTHER*
TOTAL DEDUCTIONS
O
THIS
PROJECT
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI
VAC/
HOLIDAY
HEALTH & WELF. PENSION
S
TRAING. FUND
ADMIN
DUES
TRAV/ SUBS. SAVINGS OTHER*
TOTAL DEDUCTIONS
O
THIS
PROJECT
ALL
PROJECTS
FED.
TAX
FICA
(SOC. SEC.)
STATE
TAX SDI
VAC/
HOLIDAY
HEALTH & WELF. PENSION
S
TRAING. FUND
ADMIN
DUES
TRAV/ SUBS. SAVINGS OTHER*
TOTAL DEDUCTIONS
O
PUBLIC WORKS PAYROLL REPORTING FORM
344
NOTICE TO PUBLIC ENTITY
For Privacy Considerations
Fold back along dotted line prior to copying for release to general public (private persons). (Paper Size then 8-1/2 x 11 inches)
I, , the undersigned, am the
(Name – print)
with the authority to act for and on behalf of
(Position in business)
, certify under penalty of perjury
(Name of business and/or contractor)
that the records or copies thereof submitted and consisting of (Description, number of pages)
are the originals or true, full, and correct copies of the originals which depict the payroll record(s) of the actual disbursements by way of cash, check, or whatever form to the individual or individuals named.
Date: Signature:
A public entity may require a stricter and/or more extensive form of certification. 345
346
REV. 2/23/2011
STATEMENT OF NON-PERFORMANCE
Payroll Number: ____________
I, ____________________, ____________________ do hereby state that (Name of Signatory party) (Title)
NO PERSONS employed by _________________________ performed work on (Name of submitting company)
the construction project known as _____________________________________ for the payroll period commencing on the _________ day of _________, ______ (1st date of week) (month)
and ending on the _________ day of _________, ______.
(last date of week) (month)
__________________________
Signature of Authorized Person
__________________________
Date
*THIS STATEMENT IS NOT REQUIRED TO BE SUBMITTED UNTIL AFTER
SUBMISSION OF THE INITIAL PAYROLL REPORT
347
348
349
Request for Proposals for City of Banning
for Design of Opportunity Village Sound Wall November 14, 2023 The FUTURE. Built Smarter.
350
Letter of Interest
City of Banning
Public Works Department
ATTN: Patrick Safari, CIP Manager
We acknowledge receipt of Addendum:
• Number 1 dated: 11/7/2023
Top 5 Engineering Firm in the
U.S. (BD+C)
Top 30 Greenest Firm in the
U.S.
80+ Locations
2,400 Employees
100% Employee-Owned
We understand you have a need for a consultant for the Design of Opportunity Village Sound Wall and we would be pleased to provide you with our civil engineering technical expertise, experience, and resources for your project. IMEG is a full-service engineering firm with an in-depth knowledge of municipal and public works projects, and we have been providing our engineering expertise to municipal organizations throughout California for more than 68 years. Our team is highly qualified with many years of experience in engineering, analysis, design, review and construction projects, and we bring significant experience to the City of Banning.
IMEG is your best partner for success, and we offer the following unique qualities and valuable services to your team:
• Experience with the most current and state-of-the-art design methods, materials, and configuration • Best-value design solutions driven by innovation and quality • Licensed engineers to provide assistance and expertise for the duration of all awarded projects • Unmatched breadth and depth in local/public agencies experience • Experience coordinating with State and Federal review procedures • Our experts have served nearly 175 municipal clients and have designed or consulted on more than 5,000 projects
It is our mission to provide high-quality consulting engineering services to our clients. We understand that projects must be cost-effective without compromising on quality. Our stringent quality assurance program for all engineering disciplines produces coordinated design documents and reduces change orders and construction problems. IMEG’s strength is our willingness to collaborate and reach beyond the status quo, challenging ourselves to be thought leaders and innovators in the A/E/C industry. Every team member firmly embraces a philosophy that identifies the client’s project needs from concept to design and through completion of construction. We understand that every project presents a unique set of challenges that demands the attention of the design team to develop innovative solutions to meet the project objectives.
Whether complex or simple, the need to have a trusted and reliable project manager is essential to achieving successful outcomes. Your assigned Project Manager, Richard Godina, will be present for you throughout our entire relationship. We have read and will comply with all terms and conditions of the RFQ. We look forward to working with you!
Sincerely,
John Thompson, PE, QSD/P
Principal-In-Charge
(Authorized to bind the company)
901 Via Piemonte, Suite 400
Ontario, CA 91764
P: 909.477.6915
E: [email protected]
351
Table of Contents
A. Proposal ............................................................... 1 B. Organization and Staffing .................................. 5 C. Project Schedule................................................... 6 D. Proposed Fee Schedule.......................................... 8 E. Task Breakdown.................................................... 12 352
Proposal
353
IMEG | City of Banning | Design of Opportunity Village Sound Wall 1 Firm Organization
www.imegcorp.com
click here to read industry insights from imeg experts.
IMEG is a leading U.S.-based engineering design firm that delivers a rare combination — the broad expertise of a national leader with the personal relationships and deep collaboration of a local firm.
Our civil specialties are municipal engineering, land development & surveying, building engineering, transportation, and construction observation. Our team’s strength is found in our deep bench of more than 400 professional civil engineers and land surveyors dedicated to building strong regional connections and reaching beyond the status quo. We bring extensive national, regional, and local knowledge to every client relationship – with a commitment to deliver high quality, cost-effective outcomes through a collaborative and flexible project approach. Key differentiators include:
• Successful, timely delivery of projects
• Accurate, efficient data collection
• Involvement from project initiation to project completion • State-of-the-art technology and equipment
• Latest training and certification
• Ability to “fast-track” projects
• Single point-of-contact project management
AT-A-GLANCE
•Top 10 Engineering Firm in
U.S. (BD+C)
•100% Employee-Owned
•Full-service Engineering &
Consulting
•80+ Locations
•2,400 Team Members
•600+ Licensed Engineers
•$383M in Annual Revenue
•#57 / Top 500 Design Firm
List (ENR)
KEY CONTACT
John Thompson, PE
Civil Client Executive | Principal
901 Via Piemonte, Suite 400,
Ontario, CA 91764
T: 626.253.3146
E: John.M.Thompson@
imegcorp.com
FIRM HISTORY
In 2015, KJWW Engineering
(1961) and TTG Engineers
(1955) merged to form IMEG.
Since the initial merger, we
have welcomed more than
30 new firms into our ONE
IMEG family — broadening our
national expertise through local
connections. Our overall firm
history dates back to 1910.
We are employeeowned and results
driven with a passion
for transforming
environments
and communities
through highperformance design
and infrastructure.
354
IMEG | City of Banning | Design of Opportunity Village Sound Wall 2 IMEG Civil Engineering Expertise
MUNICIPAL
• Design, plans, and bid documents
• Engineering review
• Utility design and planning
• Studies
• Environmental
• Permitting
• Construction services
• Funding administration
• Conformance with federal, state,
and local agencies
• Construction
• Project management
• Material specifications and
material testing
• On-site observation and
documentation
• Cost estimating
• Project coordination
• Plan compliance
• Cost tracking during construction
• Drawing documentation
LAND DEVELOPMENT
• Field layout and control
verification
• Property/boundary/topographic
surveys
• Aerial control
• Construction staking
• Easements
• Wetland mitigation
• Feasibility studies
• Conceptual planning and design
• Coordination with municipalities
• Construction plans and
documentation
• Technical specifications
• Site grading
• Utility coordination
• Storm sewer and storm water
detention design
• Sanitary sewer design
• Water service and fire protection
• Permitting (federal, state, and
local)
• American with Disabilities Act
(ADA) compliance
• Construction administration
WATER WORKS
• Raw & Treated Water Pipelines
• Master Planning &
Hydraulic Modeling
• Facility Planning
• Water Tanks
• Pump Stations
• Control Valves & Flow
Measurement
• Transmission Mains
• Permitting
• Water Treatment Design
• Groundwater Supply
• Asset Management
WATER RESOURCES
• Watershed Analysis & Modeling
• Stormwater Management
• Floodplain Management
• Infrastructure Assessment
• Dam Inspections
• CLOMR/LOMR
LAND SURVEY
• Surveys:
• Easement and Right-of-Way
• ALTA/ACSM land title
• Construction and layout
• Aerial photo control, topographic,
property, and boundary surveys
• 3D machine control and 3D file
preparation
• Flood elevation certificates
• Letter of Map Amendment
(LOMA)applications
• Global Positioning System (GPS)
control surveys
GIS
• Strategic Planning
• Data Development
• ArcGIS Online Configurations
• ArcGIS Enterprise
Implementation
• Eos GPS Dealer
• Field Collections
• Asset Management
• Work Order Management
• UAS (Drone) Services
• Mobile Device Applications
• Training
LAND ACQUISITION
• Project pre-planning
• Cost estimating
• Route selection
• Stakeholder meetings
• Title research
• Appraisal coordination
• Permitting
• Negotiation/acquisition
• Condemnation/eminent domain
support
• Relocation assistance
• Document preparation and
recording
• Project database management
• Quality Assurance/Quality
Control
• Property management
• Utility cross-easements
• Scheduling
• Adherence to the Uniform
Relocation Assistance and Real
Property Acquisition Policy of
1970
CONSTRUCTION
• Project management
• Material specifications and
material testing
• On-site observation and
documentation
• Cost estimating
• Project coordination
• Plan compliance
• Cost tracking during construction
• Drawing documentation
TRANSPORTATION
Transportation Design
• Bridge Design and Rehabilitation
• Interstates and interchanges
• Major two-, four-, and six-lane
highways
• Roads, streets, and rail design
• Signal design & Traffic operations
design
Transportation Services
• Traffic control systems analysis,
design, and implementation
• Subsurface Utility Engineering
(SUE) Hydraulic and design
reports
• Studies
• Feasibility
• Location Design
• Intersection Design Studies
(IDS)
• Pavement Condition
• Traffic Operations • Traffic Signals
• Environmental Assessments (EAs)
• Right-of-Way plats, plans, and
descriptions
• In-Service Bridge Inspection
355
IMEG | City of Banning | Design of Opportunity Village Sound Wall 3 IMEG commands a substantial and diverse
multidisciplinary staff, numbering over 250 professionals in California alone. Our staff’s size empowers us to
allocate precisely the resources required to deliver
the desired outcomes within stipulated timelines. As
a nationally recognized firm with a workforce of 2,400
professionals, we possess the capability to bolster our team when necessary, seamlessly accommodating any
scheduling adjustments. We pledge an unswerving
commitment to every facet of the project, adhering
faithfully to the timeframes delineated in the RFQ.
Our proposed team comprises personnel drawn from
our local offices, ensuring an intimate grasp of local
knowledge and experience, supplemented by an
extensive reserve of additional resources.
IMEG’s civil engineering expertise extends across
many diverse market sectors where we have delivered
exceptional services for a comprehensive array
of projects, including municipal engineering, land
development and surveying, building engineering,
environmental services, transportation, and materials
testing. However, our true strength resides in our
remarkable team of over 400 dedicated professional
civil engineers and land surveyors who are steadfast
in forging strong regional connections and exceeding
conventional boundaries.
We have reviewed the Request for Qualifications (RFQ)
and acknowledge that our services will be dynamically
tailored, contingent upon the City’s needs. At IMEG, we take immense pride in our civil engineering expertise,
and our unwavering commitment to excellence is your
assurance of successful project outcomes.
Our mission is crystal clear: to deliver premium
consulting engineering services to our clientele. Our
team is not only highly qualified but also boasts a
wealth of experience in engineering, analysis, design,
review, and the successful execution of construction
projects. We embrace the intrinsic complexity of
each project, understanding that it necessitates a
design team adept at pioneering solutions that align
with project objectives. Every member of our team
wholeheartedly adopts a philosophy that identifies the
client’s project needs from conceptualization through
design and on to the culmination of construction.
OUR CIVIL ENGINEERING SERVICES ENCOMPASS:
• ADA Compliance Engineering
• Bridges, Retaining Walls & Culvert Design
• Construction Administration
• Drainage, Hydraulics & Hydrology
• Feasibility Studies
• Land Development & Site Design
• Major Highway & Transportation Design
• Municipal Infrastructure
• NBIS Bridge Management
• Permitting (Federal, State, & Local)
• Project Management
• Subsurface Utility Engineering (SUE)
• Survey, Drones & 3D Scanning
• Water & Wastewater Engineering
Leaders in engineering and innovation.
Civil Engineering Services
356
IMEG | City of Banning | Design of Opportunity Village Sound Wall 4 Retaining Walls California
1101 Harvard St, Los Angeles
• Retaining Wall Design
City of Anaheim
• Hidden Canyon Pump Station, Backup Circuit &
Switch Retaining Wall Plan Checking
Domus Development LLC, Los Angeles
• Serenity Affordable Housing North and South
Property Retaining Walls
FSY Architects, Inc., Los Angeles
• Retaining Wall
Moreno Valley Unified School District
• Creekside Elementary School - Retaining Wall
San Diego Housing Commission, San Diego
• Retaining Wall Design/Monitoring Surveys
San Diego Unified School District, San Diego
• Point Loma High School Retaining Wall Emergency
Repair
• Sports Field Retaining Wall Emergency Repair
• Alternate Site/Retaining Wall Footing Design Around
Existing Electrical Conduits Encasement
• Retaining Wall Emergency Repair Study
• Security/Fencing Retaining Wall Installation
• Point Loma High School Fencing Installation
TruEdge Builds, Inc, Los Angeles
• Removed Walkway to the Storage Room by
Extending the Retaining Wall to the Building,
Updating the Existing Storm Water Area and Adding
Additional Cross Sections
University of Southern California, Los
Angeles
• Retaining Wall/Foundation Redesign
357
Organization and Staffing
358
IMEG | City of Banning | Design of Opportunity Village Sound Wall 5 IMEG
John Thompson, PE
Principal-in-Charge | Civil Engineer
No members of our team will be replaced during the duration of the project without approval from the City of Banning.
Organizational Chart
IMEG TEAM
Kevin Kim, PE
Civil Engineer
Keyner Mayer, PE
Civil Designer
Craig Chamberlain, MS, PE, SE
Structural Engineer
Chris Daniels, PLS
Senior Land Surveyor
Richard Godina
Project Manager
SUBCONSULTANT
GEOCON, Inc.
Geotechnical Engineering
359
Project Schedule
360
IMEG | City of Banning | Design of Opportunity Village Sound Wall 6 Project Schedule
We have reviewed our current workload and can
assure the City of Banning of our availability and our
commitment to complete this project according to
schedule without adversely impact existing client
commitments. As a firm of 2,400 employees, we have
sufficient resources from our branch offices to augment staff to accommodate any schedule need.
The IMEG engineering professionals assigned to
this project are prepared to fully commit the time
and resources deemed necessary for the successful
completion of our services. We have the manpower and
are available to begin design and construction documents review services immediately upon award.
Our engineering specialists will oversee planning,
design, and construction administration services. At the beginning of each project, we review current workload
and we prepared an estimate of man-hours for each
phase of the project based on individual tasks and by
personnel required, i.e. principals, engineers, design
technicians, AutoCAD technicians, and specification
coordinators. Team members are chosen based on both
availability and experience with the project scope. The schedule of estimated man-hours is coordinated with our rolling four-month database of man-hours assigned.
Our team’s responsiveness to our clients and our
compliance with project schedules is paramount to us.
We understand the sensitivity involved in maintaining
quick turnaround time and efficient scheduling. We’ll rely on the timely delivery of information provided by others and we understand that others will rely on us delivering timely information to them.
In the event that our team identifies that a schedule
begins to slide, our project management staff will
inform the City of the issue, its cause and our action to recover the schedule. This recovery plan may include
additional meetings, mandatory design staff overtime, or issuing multiple packages to ensure larger construction milestones are met.
With this approach, there is no fragmentation or handoff, we take you through the entire process from start to finish. We understand the time required for each
step and will be active participants in the scheduling
process so that there are no assumptions or surprises. It is our standard practice that no team members will be
replaced for the duration of the project without prior
approval of the City.
361
IMEG | City of Banning | Design of Opportunity Village Sound Wall 7 ID Task Name Duration Start Finish
Predecessors
0 Schedule Village Sound Wall 488 days Wed 1/3/24 Fri 11/14/25 1 Task#1: Project Management 488 days Wed 1/3/24 Fri 11/14/25 2 Notice to Proceed 1 day Wed 1/3/24 Wed 1/3/24
3 Kickoff Meeting 14 days Thu 1/4/24 Tue 1/23/24 2
4 Progress Meeting and Invoicing 473 days Wed 1/24/24 Fri 11/14/25 3 5 Task#2: Project Development 45 days Wed 1/24/24 Tue 3/26/24 3 6 Utility Research 5 days Wed 1/24/24 Tue 1/30/24 3
7 Topographic Survey 30 days Wed 1/24/24 Tue 3/5/24 3
8 Geotechnical Survey 45 days Wed 1/24/24 Tue 3/26/24 3 9 Task#3: Engineering Design 163 days Wed 3/6/24 Fri 10/18/24 7 10 Design Plans at 60% CD 45 days Wed 3/6/24 Tue 5/7/24 7 11 Cost Estimate for 60% 7 days Wed 5/8/24 Thu 5/16/24 10 12 City review and comments on 60% CD 7 days Fri 5/17/24 Mon 5/27/24 11 13 Design Plans at 90% CD 45 days Tue 5/28/24 Mon 7/29/24 12 14 Cost Estimate for 90% CD 7 days Tue 7/30/24 Wed 8/7/24 13 15 City review and comments on 90% CD 7 days Thu 8/8/24 Fri 8/16/24 14 16 Final Design Plans 45 days Mon 8/19/24 Fri 10/18/24 15 17 Task#4: Specifications and Estimates 10 days Tue 7/30/24 Mon 8/12/24 13 18 Civil Engineering Specifications 10 days Tue 7/30/24 Mon 8/12/24 13 19 Structural Engineering Specifications 10 days Tue 7/30/24 Mon 8/12/24 13 20 Task#5: Permit 114 days Mon 10/21/24 Thu 3/27/25 9
21 City of Banning Permit Application 10 days Mon 10/21/24 Fri 11/1/24 16 22 Plan Check Review, Comments and Revisions 90 days Mon 11/4/24 Fri 3/7/25 21 23 Caltrans Permit Application 10 days Mon 10/21/24 Fri 11/1/24 16 24 Plan Check Review, Comments and Revisions 90 days Mon 11/4/24 Fri 3/7/25 23 25 Permit 14 days Mon 3/10/25 Thu 3/27/25 22,24
26 Task#6: Bidding / Construction Support 165 days Fri 3/28/25 Thu 11/13/25 20 27 Bid Support 15 days Fri 3/28/25 Thu 4/17/25 25
28 Construction Support (preliminary) 120 days Fri 4/18/25 Thu 10/2/25 27 29 As-built drawings 30 days Fri 10/3/25 Thu 11/13/25 28 1/3 1/3
1/4 1/23
1/24 11/14
1/24 1/30
1/24 3/5
1/24 3/26
3/6 5/7
5/8 5/16
5/17 5/27
5/28 7/29
7/30 8/7
8/8 8/16
8/19 10/18
7/30 8/12
7/30 8/12
10/21 11/1
11/4 3/7
10/21 11/1
11/4 3/7
3/10 3/27
3/28 4/17
4/18 10/2
10/3 11/13
N D J F M A M J J A S O N D J F M A M J J A S O N D J
Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Half 2, 2025 Project Schedule
Village Sound Wall - City of Banning
Project Schedule
362
Proposed Fee Schedule
363
IMEG | City of Banning | Design of Opportunity Village Sound Wall 8 Proposed Fee Schedule
Proposal Submittal
November 14, 2023
Senior (Designer / Designer II / Administrati
Designer Surveyor Clerical
Hourly Billing Rate $ 285 $ 210 $ 185 $ 150 $ 170 $ 120 $ 160 $ 115 $ 135 $ 130 $ 290 $ 80
TASK BREAKDOWN
Task 1. Project Management
1.1. Kick-off meeting w/CITY 2 1 1 4 $ 875
1.2. Progress Meetings 2 16 18 $ 3,530
1.4 Project Management 2 16 18 $ 3,530
1.3. Invoicing 2 12 14 $ 2,790
8 0 45 0 0 1 0 0 0 0 0 0 54 $ 10,725 $ 0
Task 2. Project Development
2.1. Utility Research 8 8 $ 1,480
2.2 Topographical Survey and GPR 8 26 3 14 51 $ 8,720 $ 6,946 Quality Locating
2.3. Geotechnical Survey 4 4 $ 740 $ 15,180 Geocon
0 $ 0
0 0 12 0 0 0 8 26 0 3 14 0 63 $ 10,940 $ 22,126
Task 3. Engineering Design
3.1 Design Plans at 60% 0 $ 0
3.1.1. Prepare base background file based on survey file 4 4 8 $ 1,340
3.1.2. Prepare the following studies: 0 $ 0
3.1.3. Prepare Construction Drawings 0 $ 0
1) Cover Sheet 4 4 $ 600
2) Construction Notes and Index of Drawings 1 4 4 9 $ 1,625 3) Demolition plan for the removals 1 4 8 13 $ 2,225
4) Construction plan for the required site improvements. 1 4 12 17 $ 2,825 5) Grading Detail sheet 4 8 12 $ 1,940
6) Erosion Control Plan and BMP Details 4 8 12 $ 1,940
3.1.4 60% CD Submittal and Review meeting 1 3 4 $ 840
3.1.5 Response to 60% comments 4 8 12 $ 1,940
3.2.1 100% CD Submittal and Review meeting 1 3 4 $ 840
3.2.2 Response to 90% comments 4 8 12 $ 1,940
3.2.3 Final CD Submittal 1 3 4 $ 840
3.2.4 QA/QC Review 4 4 8 16 $ 2,780
6 4 45 72 0 0 0 0 0 0 0 0 127 $ 21,675 $ 0
Task 4. Specifications and Estimates
4.1 Prepare Technical Specifications 4 4 $ 600
4.2 Prepare Engineer's Cost Estimate 8 8 $ 1,480
0 0 8 4 0 0 0 0 0 0 0 0 12 $ 2,080 $ 0
Task 5. Permitting
5.1 Coordination and Processing thru CALTRANS 1 24 25 $ 4,725
5.2 Coordination and Processing thru City of Banning 1 16 17 $ 3,245 0 $ 0
2 0 40 0 0 0 0 0 0 0 0 0 42 $ 7,970 $ 0
Task 6 Bidding/Construction Support
Bidding Support 0 $ 0
RFIs 4 4 $ 740
Submittal Reviews 4 4 $ 740
Site Visits 3 3 $ 555
Punch List 3 3 $ 555
As-Built Drawings 8 8 $ 1,200
0 $ 0
0 $ 0
0 0 14 8 0 0 0 0 0 0 0 0 22 $ 3,790 $ 0
16 4 164 84 0 1 8 26 0 3 14 0 320 $ 57,180 $ 22,126
TOTALS Fee $ 4,560 $ 840 $ 30,340 $ 12,600 $ 0 $ 120 $ 1,280 $ 2,990 $ 0 $ 390 $ 4,060 $ 0 ------ ------ ------ $ 79,306 Optional- Structural Engineering Support
1) Structural Review/Calculations/Structural Drawings 20 20 40 40 8 20 148 $ 24,180 20 20 0 0 40 40 0 0 8 0 0 20 148 24,180 ------
Notes:
(1) The proposed outside costs include a 10% markup.
$ 24,180
Fee Breakdown
Consultant
Fees
OPPORTUNITY VILLAGE SOUND WALL
Classification
Comments
IMEG - Civil/Surveying/Structural - Bryant Street (1000 LF of Soound Wall) Total
Hours
IMEG
Fees
Based on RFP
Travel Time Client
Executive /
Structural Designer
IV
Senior
Project
Senior
Engineer I 2-Man Crew Graduate Engineer -
Sr. Project
Surveyor
Virtual Design
Coordinator
2023337PP IMEG Fees -Opportunity Village Sound Wall IMEG Corp. 11/14/2023 364
IMEG | City of Banning | Design of Opportunity Village Sound Wall 9 IMEG STANDARD HOURLY RATES*
ROLE RATE
Senior Client Executive/ Senior Market Director / VP $300 Client Executive / Market Director $285
Project Executive $240
Senior Project Manager II $230
Senior Project Manager I $210
Engineer of Distinction $230
Senior (Engineer / Landscape Architect / Land Planner) III $220 Senior (Engineer / Landscape Architect / Land Planner) II $200 Senior (Engineer / Landscape Architect / Land Planner) I $185 Project (Engineer / Landscape Architect / Land Planner) II $175 Project (Engineer / Landscape Architect/ Land Planner) I $165 Graduate Engineer - Designer II / Surveying Graduate - Surveyor II $150 Graduate Engineer - Designer I / Surveying Graduate - Surveyor I $135 Designer of Distinction $190
Senior (Designer / Surveyor / Technician) III $180
Senior (Designer / Surveyor / Technician) II $170
Senior (Designer / Surveyor) / Technician) I $150
Crew Chief II / Coordinator II / Project (Designer II / Surveyor II) $140 Crew Chief I / Coordinator I / Project (Designer I / Surveyor I) $135 Designer II / Technician IV $130
Designer I / Technician III $115
Design Technician II / Technician II $110
Design Technician I / Technician I / Intern $105
2-Man Survey Travel $130
2-Man Survey Crew $240
3-Man Survey Crew $310
Senior Construction Administrator $150
GIS System Architect $130
GIS Analyst $100
Senior Virtual Design Coordinator $150
Virtual Design Coordinator $135
Senior Virtual Design Technician $125
Virtual Design Technician $105
Project Administrator $145
Administrative Assistant / Construction Administrative Assistant $95 *Adjusted annually.
These rates are for staff
located in the office
providing the rates.
Staff based in one of
IMEG’s other offices
may have different
billing rates. These rates
can be provided upon
request.
Reimbursable
Expenses:
• Invoiced with a 1.1
multiplier of actual
cost, including:
• CAD plots,
reproductions
and delivery
costs of drawings,
specifications, and
duplicate reports
beyond one set
provided at each
normal stage of
review
• Reproduction of
drawings on Mylar
media
• Plan review fees or
imposed government
agency fees
• Premium delivery
charges
• Meals and lodging
when required to
travel overnight
• State filing and/or
permit fees related
to energy life-cycle
costs
• Travel expense:
Automobile mileage
will be invoiced at
the IRS rate in effect
at the time of travel.
Travel expenses
also include tolls,
parking fees, taxi,
train, airfare, rental
cars (CD only), and
other out of pocket
expenses.
Hourly Rates
365
Subconsultant
Hourly Rates
366
IMEG | City of Banning | Design of Opportunity Village Sound Wall 10
2023 SCHEDULE OF FEES
GEOTECHNICAL
Word Processor/Technical Editor/CAD......................... $85/hr.
Engineering Assistant/Lab Technician. ........................... 85/hr.
Special Inspector ............................................................. 75/hr.
Engineering Field Technician (Including Vehicle and Nuclear Gauge) and Non-Destructive Testing .............................. 90/hr.
Senior Engineering Field Technician (Including Vehicle and Nuclear Gauge) ................................................................ 95/hr.
Staff Engineer/Geologist ............................................... 120/hr.
Senior Staff Engineer/Geologist .................................... 135/hr.
Project Engineer/Geologist ............................................ 145/hr.
Senior Project Engineer/Geologist ................................. 160/hr.
Senior Engineer/Geologist ............................................. 185/hr.
Associate Engineer/Geologist ........................................ 195/hr.
Principal Engineer/Geologist/Litigation Support ........... 200/hr.
Deposition or Court Appearance ................................... 400/hr.
Attorney Fees (General) ................................................ 350/hr.
Overtime and Saturday Rate .......... 1.5 X Regular Hourly Rate Sunday and Holiday Rate ................. 2 X Regular Hourly Rate Minimum Professional Fee .............................$500/Per Project Minimum Field Services Fee (per day or call-out) .......... 4 hrs.
Short-Notice Cancellation:
After 4 pm of the day prior to scheduled inspection time ... 4 hrs.
Upon or after arrival at job site) .......................................... 4 hrs. *Prevailing Wage Hourly Surcharge per California Labor
Code §1720, et seq. ...................................................... $45/hr.
TRAVEL
Personnel ................................................. Regular Hourly Rate Subsistence (Per Diem)............................................. $150/day
EQUIPMENT & MATERIALS
Nuclear Gauge ............................. Included in Technician Rate Coring Machine (concrete, asphalt, masonry) .......... $189/day Generator/Air Compressor ........................................... 110/day Asphalt Cold Patch, 60-lb. sack ..................................... 19/bag Concrete, 60-lb. sack ..................................................... 19/bag GPS Unit...................................................................... 173/day Outside Services/Equipment/Materials .................. Cost + 15%
LABORATORY TESTS
COMPACTION CURVES
4-inch mold (D1557) .................................................. $226/ea. 6-inch mold (D1557) ................................................... 226/ea.
California Impact (CAL216) ........................................ 221/ea.
Check Point .................................................................... 96/ea.
SOIL AND AGGREGATE STABILITY
Resistance Value, R-Value (D2844/CAL301) ........... $310/ea.
R-Value, Treated (CAL301) ........................................ 325/ea.
California Bearing Ratio (D1883) ............................... 584/ea.
Stabilization Ability of Lime (C977) ........................... 190/ea.
LABORATORY TESTS
SOIL AND AGGREGATE PROPERTIES
#200 Wash (D1140/C117) ............................................ $67/ea.
Wet Sieve Analysis to #200 (D422) .............................. 111/ea.
Hydrometer Analysis (D422) ....................................... 168/ea.
Sieve Analysis with Hydrometer (D422) ..................... 191/ea.
Specific Gravity, Soil (D854) ........................................ 78/ea.
Specific Gravity Coarse Aggregate (C127) ................... 57/ea.
Specific Gravity Fine Aggregate (C128) ....................... 76/ea.
Moisture Determination, tube sample (D2216) .............. 23/ea.
Moisture Determination and Unit Weight (D2937) ....... 45/ea.
Atterberg Limits: Plasticity Index (D4318) ................. 170/ea.
Sand Equivalent (D2419) ............................................. 115/ea. pH and Resistivity (CAL643) ...................................... 135/ea.
Sulfate Content (CAL417) ............................................. 98/ea.
Chloride Content (CAL422) .......................................... 65/ea.
SHEAR STRENGTH
Unconfined Compression (D2166) ............................. $135/ea.
Direct Shear, Quick (D3080) ....................................... 255/ea.
Unconsolidated-Undrained Triaxial Shear (D2850) ..... 165/pt.
Unconsolidated-Undrained Triaxial Staged (D2850) ... 200/ea.
Consolidated-Undrained Triaxial Shear (D4767) ......... 345/pt.
Consolidated-Undrained Triaxial Staged (D4767) ....... 405/ea.
Consolidated-Drained Triaxial Shear (EM1110) .......... 430/pt.
Consolidated-Drained Triaxial Staged (EM1110) ........ 610/ea.
CONCRETE
Compressive Strength, Cylinders (C39) ...................... $28/ea.
Compressive Strength, Cylinders 6x12 (C39) ................ 31/ea.
Compressive Strength, Cores (C42) ............................... 45/ea.
Flexural Strength Beam (C78/C293) ............................. 89/ea.
Splitting Tensile Test (C496) ......................................... 77/ea.
Mix Design Review ...................................................... 222/ea.
Trial Batch .................................................................... 530/ea.
PERMEABILITY, CONSOLIDATION, AND EXPANSION
Permeability, Flexible Wall (D5084) ......................... $330/ea.
Permeability, Rigid Wall (D5856) ............................... 285/ea.
Consolidation, per point (D2435) ................................... 57/pt.
Expansion Index (D4829/UBC 29-2) ........................... 150/ea.
MASONRY
CMU Compressive Strength (C140) ............................ $67/ea.
Compressive Strength, Grout (C1019/UBC 21-19) ....... 27/ea.
Compressive Strength, Mortar (C109/UBC 21-15,16) ... 27/ea.
CMU Unit Wt., Dimen., Absorption (C140) .................. 67/ea.
Compressive Strength, Masonry Prism (C1314) ........... 128/ea.
PROFESSIONAL SERVICES
367
IMEG | City of Banning | Design of Opportunity Village Sound Wall 11
LABORATORY TESTS
AGGREGATE QUALITY
Dry Sieve Analysis to #200 (C13) ............................. $111/ea.
L.A. Rattler Test (500 rev.) (C131) ............................. 206/ea.
Sulfate Soundness (per sieve size) (C88) ..................... 111/ea.
Durability (fine or coarse) (D3744) ............................. 184/ea.
Unit Weight (C142) ....................................................... 77/ea.
Organic Impurities - Sand (C40) ................................... 62/ea.
Friable Particles (C142) ................................................. 88/ea.
LABORATORY TESTS
ASPHALT CONCRETE
Density, Hveem (D2726/CAL308) ............................ $101/ea.
Stabilometer (D1560/CAL304).................................... 111/ea.
Theoretical Max. Specific Gravity (D2041)................... 83/ea.
Sieve Analysis Extracted Aggregate (C136) .................. 96/ea. % Asphalt, Ignition Method (CAL382) ....................... 111/ea. % Asphalt, Nuclear Gauge (CAL379) ......................... 117/ea.
Unit Weight, Core (D 1188) .......................................... 64/ea.
TERMS AND CONDITIONS
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is $155.00 per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with a minimum two-hour charge
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them, and require them to abide by such limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions. 368
Task Breakdown
369
IMEG | City of Banning | Design of Opportunity Village Sound Wall 12 Task Breakdown
Approach and Understanding
The City of Banning (COB) is looking for a qualified firm to provide Professional Design Services for the design
of Opportunity Village (Homeless Shelter) Sound Wall
The City’s objective is to provide effective freeway traffic noise reduction for the shelter occupants.
• Bryant Street sound barrier
Discussion
To aid in preparing this proposal, we have conducted
a satellite reconnaissance of the sites, reviewed site
google aerials, and existing published information as it pertains to the proposed project.
The proposed site improvements will consist of the
construction of a sound wall in length of approximately 1000 linear feet. The proposed wall may replace
existing chain link fence for most of the length. The site location may require a design that incorporates site
improvements including, but not limited to, site grading and drainage and erosion mitigation.
Coordination with City
IMEG is proud of its reputation for providing
experienced, knowledgeable professionals who
responsively address clients with a “yes, we can”
attitude. Our solid reputation in the engineering and
surveying realm is a direct result of our commitment to provide the highest quality of service attainable.
Project Objectives
As the first step in initiating the Project, IMEG will
coordinate with the City engineering department to
confirm our understanding of the Project objectives.
This is essential to obtain the successful design,
documentation, and timely approval of the Project.
IMEG will work closely with City’s departments to
identify specific goals, objectives, and critical issues.
Work Plan
Scope of Work
The following scope of work has been developed in
accordance with typical project methodology and
technical approaches for the Project. IMEG will provide surveying, mapping, and engineering services necessary
for the completion of the Engineering Design Services
For a Sound Wall, 1000 feet in length.
Figure 1 - Bryant Street Sound Wall
370
IMEG | City of Banning | Design of Opportunity Village Sound Wall 13 TASK 1: PROJECT MANAGEMENT
IMEG shall propose and coordinate meetings as may
be necessary to complete the scope of work of the
Project to the satisfaction of the City, including review meetings. IMEG shall prepare meeting agendas and
progress schedules and shall incorporate the City’s
and others’ comments and revisions. Virtual meetings
have been assumed for this task. IMEG shall develop a
project schedule to identify critical paths and oversee general coordination of tasks with their anticipated
completion dates. Inclusive of this service is the
preparation of invoices, budget oversight, and the
implementation of the QC program.
1.1 - Initial / Kickoff Meeting
IMEG will set up and attend an initial/kickoff meeting
with the City to introduce Project team members,
formalize project communication, discuss project
schedule, review scope of work, and request available
data, reports, documents, and plans from the City that
are relevant to the Project.
TASK 2: PROJECT DEVELOPMENT
2.1 - Records Research
IMEG shall perform a record and data search consisting
of survey information (utility owners, assessor maps,
parcel maps, records of survey, etc.)
• Office research of available Record Maps and
documents at the local agencies and utilities
• Establish on-site Survey horizontal and vertical
control based on the available Record Maps of the
Project, adjacent streets monumentation, local
Sectionalized lands together with any previous
Survey Control, Record Deeds and/or Title Reports to
be supplied by the client
• Establish on-site Survey vertical control based on the available and Local Benchmark NAVD 88 Datum
• Set a temporary survey marker (hub or 60D nail) and
lath at the property corners
2.2 - Field Topographic Survey
TOPOGRAPHIC SURVEY WILL BE PERFORMED AS
FOLLOWS:
> 2.1.1 - Establish on-site Survey control based on the available Record Maps and Local Benchmark data
> 2.1.2 - Perform a Design Survey on 25-foot intervals
within the Limits of Survey Exhibit below
> 2.1.3 - Locate existing above ground visible utilities and features within the limits of survey
> 2.1.4 - Locate any Storm Drain and Sewer systems
rims and invert elevations within the limits of survey
> 2.1.5 - Locate existing adjacent fences, utilities, and drainage features along the I-10 Freeway Right-ofWay
> 2.1.6 - Location of existing sidewalks, walls, and
street lighting along Bryant Street if any
> 2.1.7 - Street Cross sections will be on 25 intervals to include the full width of Bryant Street within the
Limits of Survey
> 2.1.8 - Subsurface Utility Engineering (SUE):
» 2.1.8.1 - An IMEG SUE Consultant will use
Ground Penetrating Radar equipment to locate and
mark out the existing underground utilities on the
surface of the existing project limits
» 2.1.8.2 - The Utility markings will be for those
utilities found within the project limits
» 2.1.8.3 - IMEG Surveyors will locate the utility
markings and plot them on the Design Survey map
Limits of Survey Exhibit
371
IMEG | City of Banning | Design of Opportunity Village Sound Wall 14
2.3 - GEOTECHNICAL REPORT
The Geotechnical Consultant, Geocon is proposing
to utilize a truck-mounted hollow-stem auger drill
rig to excavate three borings along (or as close to as
practically possible) the proposed wall alignment to
depths of 35 to 50 feet. We expect that one or more of
the borings will likely be drilled in the roadway due to accessibility. We have assumed a no-fee encroachment
permit will be issued by the city of Banning and traffic control signage will be sufficient along this area which comprises the northern terminus of Bryant Street.
GEOCON’S SERVICES ARE EXPECTED TO INCLUDE
THE FOLLOWING:
• Prepare a no-fee Banning encroachment permit for
our work.
• Mark the proposed excavation locations and notify
Underground Service Alert (USA) to locate and
mark all utilities in the proposed investigation area.
Underground Service Alert will only mark utility
conflicts in public right of ways. The Client shall
provide plans or field locations of existing subsurface utilities prior to our exploration.
• Excavate three small diameter geotechnical borings
along the proposed sound wall alignment. The
borings will be excavated to depths of approximately
35 to 50 feet, or practical refusal, whichever occurs
first. We will log the geologic units per the Unified
Soil Classification System and collect soil samples
for laboratory testing. Upon completion, the borings
will be backfilled with native soil cuttings and capped with asphalt cold patch (if drilled in the roadway).
We have budgeted 6 hours for the drill rig. Our work
does not include the drumming of soil cuttings or
evaluation of possible contaminants.
• Perform laboratory testing on the soils encountered,
which is expected to include maximum density
at optimum moisture, in situ density & moisture,
corrosion screening, expansion potential, Atterberg
limits, consolidation, and direct shear. The
laboratory test program will be based on conditions
encountered during drilling with respect to the
proposed improvements.
• Prepare a geotechnical report for the proposed
sound wall. The report will include boring logs, a
geologic map depicting site geology and boring
locations, laboratory test data, geotechnical
conclusions and recommendations for the sound
wall foundation.
DELIVERABLES:
• Drafted with 1 contour intervals on the project
datum and coordinate system.·Show spot
elevations on Top Curb/Flow line/Finish Surface/
Ground. ·Prepare a 3D Surface in AutoCAD·Deliver
an AutoCAD drawing and a PDF copy.
Assumptions:
• This IS a Prevailing Wage project
• The purpose of this survey is to provide
information for Civil Engineering Design purposes
in the areas outlined depicted on the Limits of
Survey Exhibit hereon
• Access within the Caltrans Freeway Right of Way is
not anticipated
• Excluding the plotting of easements, easement
locations, or research for easements
• Excluding Resetting of Existing or Missing Property
Corner Monumentation
• Excluding Preparation and Filing of a Corner
Record or Record of Survey
• Excluding Verifying the Boundary and/or Property
Lines
• This proposal includes the research for and
preparation of a Record (“Paper”) Boundary
• This proposal excludes the research for, and
preparation of, a Property Boundary based on
actual Boundary Survey
• This proposal is based on normal working hours
with no time or strict scheduling restrictions
• This proposal excludes services other than those
listed above
372
IMEG | City of Banning | Design of Opportunity Village Sound Wall 15 If additional permitting or unanticipated field conditions are encountered that require a significant modification to the recommended scope of work or that require a
substantial increase to the estimated fee, we would not proceed with the modified scope or increased amount
without obtaining your written authorization.
The proposed scope of services does not include the
evaluation or identification of the potential presence of hazardous materials on the site.
We assume that site plans will be provided for our
use indicating the locations of all underground utility lines and structures, as well as the location of sensitive natural habitats and archaeological sites. Geocon will
not be responsible for damage to these areas that are
not identified prior to our field work.
The client is responsible for accurately delineating the locations of all subterranean structures and utilities.
Geocon will take reasonable precautions to avoid
known subterranean structures, and Client waives any
claim against Geocon, and agrees to defend, indemnify,
and hold Geocon harmless from any claim or liability for injury or loss, including costs of defense, arising from damage done to subterranean structures and utilities
not identified or accurately located. Geocon strongly
recommends the use of private utility location, as it
can reduce the risk of damaging existing utilities during exploration.
Some disturbance to the ground surface and vegetation
will occur because of accessing the desired locations
of subsurface exploration. Although we will be careful
to limit the extent of such occurrences, they cannot be avoided and this proposal does not include any costs
to re-grade, re-vegetate, landscape or otherwise repair disturbed areas.
This proposal assumes that the services offered herein
are subject to prevailing wage laws. If the Client should conclude this is not a prevailing wage project, please
advise Geocon in writing prior to commencement of
exploration.
In preparing this proposal, we have made every effort to anticipate subsurface conditions and to coordinate with regulatory agency personnel regarding the scope of our
investigation. However, regulatory agencies occasionally request additional exploration or clarification to assure that investigations are complete and fully understood
by all concerned parties. Responses to letters from
the regulatory agencies requiring clarification of our
report will be performed at no charge. However, should
additional exploration, addendum, update reports or
letters become necessary, following the completion of
our report; they will be billed on a time and materials basis.
TASK 3: ENGINEERING DESIGN
3.1 - BASE CONSTRUCTION DRAWINGS AND
ENGINEER’S COST ESTIMATE (“60% DRAWINGS”)
IMEG shall prepare base construction drawings on 24” x
36” sheets with standard City title block, approvals and permits block, using AutoCAD Version 2022 format.
Any plan and profile sheet(s) shall be prepared at a
scale no smaller than a scale of 1” = 40’ (horizontal)
and 1” = 4’ (vertical) unless a larger scale is more
appropriate to show the proposed improvements.
Details will be prepared at appropriate scales.
CONSTRUCTION PLANS FOR EACH SITE
INCLUDED IN THIS SCOPE OF WORK:
> 3.1.1 - C-01 Cover Sheet
> 3.1.2 - C-02 Notes/Index of Sheets
> 3.1.3 - C-03 Demolition Plans
> 3.1.4 - C-04 Structural Wall Plans
> 3.1.5 - C-05 Grading Plans
> 3.1.6 - C-06 Structural/Grading Detail Sheet
ASSUMPTIONS:
• We will be granted access to the site to perform
our work during normal business hours of 7 am to
5 pm Monday through Friday.
• A Caltrans encroachment permit will not be
required.
• Our investigation is not required to comply with
Caltrans requirements and will not be reviewed by
Caltrans.
• All existing utilities will be clearly marked on the
site and on a project plan prior to our field work.
• Geocon will be provided with a map depicting any
culturally or biologically sensitive areas on the site. 373
IMEG | City of Banning | Design of Opportunity Village Sound Wall 16 The base Construction Drawings will include signature
blocks, approvals and permits block, locations and
sizes of utilities, locations of improvements, highlight abandonments, connection and separation points,
easements, property lines, rights-of-way, property
addresses, and pertinent survey data.
As part of the completion of the base construction
drawings, IMEG will field review the proposed layout for accuracy of existing improvements and conditions and
include City staff/Program Manager to check policies
and preferences.
3.2 - EROSION CONTROL PLAN
IMEG shall prepare an Erosion Control Plan in
conjunction with the preparation of the Block Wall
Plans with the design criteria of the appropriate
governmental jurisdictional agency and the California
Regional Water Quality Control Board.
Erosion Control Plan shall include sandbag layout, silt fence layout, desilting basin design and details, and
designation hydroseed areas.
3.3 - STRUCTURAL DESIGN SCOPE OF WORK:
Provide structural design for 1000’ of sound wall along freeway including:
• Research existing site for conditions where sound
wall is to be located.
• Provide design of new foundations to for sound wall.
• Provide vertical support and secondary framing to
support prefabricated, non-masonry sound wall
elements.
• Provide structural calculations and design drawings.
• Respond to building department corrections and
update drawings for permit ready drawings.
• Provide construction administration including
response to RFI’s and submittals as well as provide
up to 2 site visits during construction.
3.4 - 60% CONSTRUCTION DRAWINGS
SUBMITTAL AND REVIEW MEETING WITH THE
CITY
IMEG shall arrange a review meeting with the City
staff and will provide the City staff and peer review/
Program Manager with copies of the preliminary 60%
Construction Drawings showing proposed alignment
and improvements. The purpose of the meeting will
be to review and obtain comments and/or approval
regarding the preliminary design, as well as document
the review process for later submittal to the Director for acceptance. In addition, possible interferences, system connections, permit requirements, and right-of-way
requirements will be discussed.
3.5 - 100% BID DOCUMENTS
Based on the City staff comments from the 60%
Submittals, IMEG will complete the final construction
drawings in accordance with City requirements. IMEG
shall also complete any revisions and submit the
construction version of these documents and secure
their approval from the City.
Once the contract documents are complete, IMEG will
schedule a final project design meeting with the City
staff to present the completed contract documents for
final review and acceptance.
TASK 4: SPECIFICATIONS AND
ESTIMATES
4.1 - SPECIFICATIONS AND ENGINEER’S COST
ESTIMATE
At 60% stage IMEG will also include preliminary
specifications in accordance with City requirements. At the 100% stage, IMEG will incorporate any comments
from the 60% review by City staff and IMEG’s in-house
QA/QC review.
DELIVERABLES:
THE 100% SUBMITTAL SHALL INCLUDE:
• Construction specifications & special provisions
• Soft electronic copies of the above completed
design products.
• Soft electronic submittals shall be electronically
identified and organized to the satisfaction of the
District.
• Written documentation, tabularized material, and
estimates shall be finalized in PDF format.
• Construction drawings shall be submitted
in AutoCAD, Version 2022. One PDF set of
accompanying revised final plans, specifications,
estimates, special provisions, and soft copies there
of as discussed above shall also be included and
provided by IMEG to the District Program Manager.
Timeline: 90-120 days
374
IMEG | City of Banning | Design of Opportunity Village Sound Wall 17 TASK 5: PERMITTING
5.1 - PERMITTING
IMEG will coordinate with City staff, owners of existing utilities and CALTRANS, if required to assist the City
with the permit processing. IMEG will assist the City
in sending out the Utility Notification Letters upon
receiving the Notice to Proceed since this is potentially a long lead item. Contact with CALTRANS will also
commence early in the design process to ensure we
have the necessary design requirements.
TASK 6: BIDDING/
CONSTRUCTION SUPPORT
IMEG shall provide bid support and engineering support to the City or the City’s contractor as directed during the construction phase of the project. Scope
includes:
• Response to Requests for Information (RFI’s)
• Review of shop drawings, as requested by the City
• Attending one pre-bid meeting
• Attending one pre-construction meeting, and
attendance in normal meeting
• Coordination efforts with various agency
representatives related to the successful completion
of the Project’s construction
• A total of forty (48) hours have been budgeted for
this task. Included in this phase will be site visits,
punch list, and as- built drawings
Reimbursable Expenses
IMEG shall incur reimbursable expenses such as
printing, reproductions, messenger services, and other
project-specific out-of-pocket expenses necessary to
achieve preparation and processing of the previously
discussed tasks. Such costs will be reimbursed at cost
monthly. Agency fees, processing charges and plan
check fees are not included as reimbursable and will be paid for separately by the City.
Additional Services
Services which are not specifically identified herein as services to be performed by IMEG or its subconsultants
are considered “Additional Services” for purposes of this Agreement. The City may request that IMEG perform
services which are Additional Services. However, IMEG
is not obligated to perform such Additional Services
unless an amendment to this Agreement has been fully
executed setting forth the scope, schedule, and fee for such Additional Services. In the event IMEG performs,
Additional Services before receipt of such executed
amendment, the City acknowledges its obligation to
pay for such services at IMEG’s standard rates, within
30 days of receipt of IMEG’s invoice.
Exclusions
Consulting services relation to any of the following
tasks may be completed by IMEG if negotiated under a
separate contact for an addition fee; but are presently specifically excluded from this Agreement:
1. Hazardous wastes
2. NPDES
3. Easements and R.O.W. dedications
4. Potholing
5. Storm Water Pollution Prevention Plan (SWPPP)
6. Traffic Control Plans
7. Caltrans Local Assistance
8. Traffic Impact Technical Memorandum
9. Categorical Exclusion Form, Environmental
Commitments Record
10. Noise Impact Technical Memorandum
11. Biological Resources Assessment
12. Air Quality Technical Memorandum
13. Any additional NEPA Technical Study
14. Preliminary Environmental Studies (PES) Form
15. NEPA Environmental Approval
16. CEQA Environmental Clearance
17. Community Outreach
18. Any other services not specifically set forth in the above Scope of Services
19. Noise Studies
375
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Kevin Sin, Senior Civil Engineer
MEETING DATE: December 12, 2023
SUBJECT: Accept as Complete the Wilson Sewer Force Main and Gravity Main Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration
RECOMMENDATION:
Accept as complete the Wilson Street Sewer Force Main and Gravity Main improvements related to the Atwell Specific Plan Development and authorize the 90% bond exoneration for said improvements.
BACKGROUND:
On September 13, 2022 City Council adopted Resolution 2021-59 approving Final Tract Map No. 37289- 1, -2, -3 & -5, releasing the maps for recordation; authorizing staff to sign the subdivision improvement agreements and final tract maps; and accepting various Performance and Labor and Material Bonds for public improvements.
As conditions of approval for the Atwell Specific Plan development, Tri Pointe Homes was required to sign a Subdivision Improvement Agreement and to submit bonds to assure the City that the required public improvements are constructed according to City standards and specifications.
The Wilson Street sewer force main and gravity main improvements are part of the off-site improvements associated with Tract No. 37389 of the Atwell Specific Plan Development.
JUSTIFICATION:
Staff has verified through inspections that the required Wilson Street sewer force main and gravity main improvements were completed per City standards and specifications and recommends that City Council accept the improvements as complete and authorize the 90% bond exoneration for the following bond:
Bond # Bond Amount Improvements
CMS0345696 $1,610,208.21 Wilson sewer force main and gravity main improvements The remaining 10% of the bond amount will remain for a period of 12 months (maintenance period) at which point the 10% balance will be released and the improvements will become City owned and maintained improvements.
FISCAL IMPACT:
Not applicable
ALTERNATIVES:
Do not accept staff’s recommendation and provide staff with additional direction. 376
ATTACHMENTS:
1. Attachment 1 - SIA and Bond for Wilson Force-Gravity Sewer Main.pdf
2. Attachment 2 - Wilson Sewer Force-Gravity Main Plans.pdf 377
11303-0014\2299407v5.doc 1
CITY OF BANNING
SUBDIVISION IMPROVEMENT AGREEMENT
* * * * * * SUBDIVISION REFERENCE DATA * * * * * *
[ ] FINAL TRACT MAP NO. _37389 __ (“Final Map” herein)
[ ] PARCEL MAP NO. (“Parcel Map” herein)
NAME OR TRACT NUMBER OF
SUBDIVISION (“Subdivision”
herein):
ATWELL - Wilson Force/Gravity Off-site Sewer
NAME AND ADDRESS OF
SUBDIVIDER(S):
TRI POINTE HOMES, IE-SD
1250 CORONA POINTE CT, #600
CORONA, CA 92879
CITY COUNCIL RESOLUTION
OF APPROVAL NO.
(“Resolution of Approval” herein)
DATE(S) THAT IMPROVEMENT PLANS WERE APPROVED BY THE
CITY ENGINEER:
IMPROVEMENT/PLAN NO.:
ESTIMATED TOTAL COSTS: IMPROVEMENTS $
GRADING $
MONUMENTATION $
TOTAL: $
FORM OF IMPROVEMENT
SECURITY: [X] AAA Corporate surety bonds
[ ] Deposit of money
378
11303-0014\2299407v5.doc 2
NAME AND ADDRESS OF
CORPORATE SURETY (if
applicable):
(Name of Corporate Entity)
(Street Address)
(City) (State) (Zip)
SURETY BOND NUMBERS (if
applicable):
EFFECTIVE DATE OF
AGREEMENT: (to be inserted by City)
COMPLETION PERIOD: All improvements associated with Bond#: CMS0345696 (Atwell Wilson Force/Gravity Off Site Sewer Improvement) shown on the City approved improvement plans shall be completed within two years from the Effective Date of the Agreement. * * * * * * * * * * * * * * * * * * * * * *
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
MEETING DATE: December 12, 2023
SUBJECT: Consideration of Resolution 2023-190, Accepting Grant Funds from the State of California, Business, Consumer Services, and Housing Agency in the Amount of $908,461
RECOMMENDATION:
Adopt Resolution 2023-190.
BACKGROUND:
The State of California has established the Encampment Resolution Funding Program (ERF). The Program is administered by the California Interagency Council on Homelessness (Cal ICH) in the Business, Consumer Services and Housing Agency. ERF provides one-time, competitive grant funds to Continuums of Care and/or Local Jurisdictions. The Program’s objective is to fund actionable, personcentered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.
JUSTIFICATION:
With the growing homeless population in the City of Banning it has become important the existing Opportunity Village be improved or expanded to continue to help the existing participants and any future participants. These funds will assist resolving the experiences of homelessness to address the safety and wellness of the people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches.
The City of Banning was awarded a grant in the amount of $980,461.00 based on the needs of the community and the results of the existing shelter. This grant is unusual as it was funded upfront.
Typically grants are reimbursed after proof of expenditure is submitted to the grantor.
FISCAL IMPACT:
100% of funds must be obligated and 50% of grant funds must be spent by June 30, 2024, and all projects must be completed and paid for by June 30, 2025. Failure to complete all projects by June 30, 2025, will result in forfeiture of those funds. Projects funded with this grant will be funded through account 810-9700-490.90-60. There is no fiscal impact to the City of Banning.
ALTERNATIVES:
1. Adopt Resolution 2023-190
2. If the council declines to adopt Resolution 2023-190, the grant funds of $980,461 must be returned to the State of California and all projects planned for these funds must be cancelled. 428
ATTACHMENTS:
1. Resolution 2023-190, Grant.docx
1. Cal ICH Agreement.pdf
429
Resolution 2023-190
RESOLUTION 2023-190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, ACCEPTING GRANT FUNDS FROM THE STATE OF CALIFORNIA’S BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY IN THE AMOUNT OF $980,461 WHEREAS, The State of California has established the Encampment Resolution Funding Program (ERF), which is administered by the California Interagency Council on Homelessness (Cal ICH) in the Business, Consumer Services and Housing Agency; and WHEREAS, ERF provides one-time, competitive grant funds to Continuums of Care and/or Local Jurisdictions. The Program’s objective is to fund actionable, personcentered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments; and
WHEREAS, the City of Banning was awarded a grant in the amount of $980,461.00 based on the needs of the community and the results of the existing shelter; and
WHEREAS, 100% of funds must be obligated and 50% of grant funds must be spent by June 30, 2024, and all projects must be completed and paid for by June 30, 2025. Failure to complete all projects by June 30, 2025, will result in forfeiture of those funds. Projects funded with this grant will be funded through account 810-9700-490.90-
60. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council hereby accepts Program grant funds from the State of California’s Business, Consumer Services, and Housing Agency in the amount of $980,461.00 and approves the Grant Agreement attached hereto as Exhibit A.
SECTION 2. The City Council authorizes the City Manager or his designee to make all budget transfer and/or appropriations necessary and to sign the Grant Agreement on behalf of the City Council.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall cause the certified Resolution to be filed in the book of original resolutions. 430
Resolution 2023-190
PASSED, APPROVED AND ADOPTED this 12th day of December 2023.
Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita R. Young, City Attorney
Richards, Watson & Gershon
431
Resolution 2023-190
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2023-190, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of December 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
432
Resolution 2023-190
EXHIBIT A
Cal ICH Grant Agreement
433
Contract Number
Invoice Number Expenditure Deadline:
Grantee Name:
Attention to:
Address:
City/State/Zip:
Signature of Grant Management Representative Date BCSH USE ONLY Jeannie McKendry Grants Development Section Chief
Grant Management Representative Name Grant Management Representative Title Name of Authorized Representative or Signatory Title of Authorized Representative or Signatory Signature of Authorized Representative or Signatory Date
CERTIFICATION
*By signing this form, I certify to the best of my knowledge and belief that the form is true, complete, and accurate, and the activities and budget are for the purposes and objectives set forth in the terms and conditions of the Standard Agreement. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise.
Doug Schulze City Manager
TOTAL: $980,461.00
Per Health and Safety Code Section 50251 (a), a recipient may use encampment resolution funds for the purpose of ensuring the safety and wellness of people experiencing homelessness in encampments, resolving critical encampment concerns and transition individuals into safe and stable housing, and encouraging a data-informed, coordinated approach to address encampment concerns. Funds shall be spent on resolving the identified, prioritized encampment through activities including, but not limited to, all of the following:
• Rapid Rehousing
• Operating Subsidies
• Street Outreach
• Systems Support
• Delivery of Permanent Housing
• Prevention and Shelter Diversion
• Interim Sheltering
• Improvements to Existing Emergency Shelters
• Administration (up to 5%)
99 E. Ramsey Street E-mail: [email protected]
Banning, CA 92220 Phone No.: (951) 922-3104
ENCAMPMENT RESOLUTION FUNDING BREAKDOWN
AWARD
Contact Person Title: City Manager
Fax: (916) 653-3815
REQUEST FOR FUNDS FORM
23-ERF-2-R-10022
23-ERF-2-R-10022 6/30/2026
City of Banning Contact Person: Doug Schulze
ENCAMPMENT RESOLUTION FUND (ERF-2-R)
Phone: (916) 653-4090 BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY California Interagency Council on Homelessness 500 Capitol Mall, Suite 1850 Sacramento, CA 95814 7/11/2023
7/28/23
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Encampment Resolution Funding Program
Round 2, Rolling Disbursement (ERF-2-R)
Standard Agreement
EXHIBIT A
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1) Authority
The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. Amended by SB 197 (Statutes of 2022, Chapter 70, Sec.3-8, effective June 30, 2022).
The Program is administered by the California Interagency Council on Homelessness (“Cal ICH”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been two rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Rolling Disbursement in Round 2 of the ERF Program (“ERF-2-R”). For this Standard Agreement, ERF-2-R is synonymous with “ERF” or “Program”.” and refers to programs and grantees under Health and Safety Code 50252.1(c)(1).
This Standard Agreement along with all its exhibits (“Agreement”) is entered into by Cal ICH and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) under which the Grantee applied, the representations contained in the Grantee’s application, Cal ICH guidance or directives, and the requirements appearing in the statutory authority for the Program cited above. 2) Purpose
As stated in the NOFA, the Program’s objective is to fund actionable, personcentered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code Section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in 437
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encampments. Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.
3) Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code Section 50250, Subdivisions (a) – (l); (a) “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
(b) “Agency” means the Business, Consumer Services, and Housing Agency. (c) “Applicant” means a continuum of care or local jurisdiction (d) “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(f) “County” includes, but is not limited to, a city and county. (g) “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
(h) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i) “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (j) “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
(k) “Recipient” means an applicant that receives grant funds from the council for the purposes of the program.
(l) “State right-of-way” means real property held in title by the State of California Additional definitions for the purposes of ERF
“Grantee” is “a Continuum of Care or a Local Jurisdiction that receives grant funds from the Council for the purposes of the program. Grantee is synonymous with “Recipient.”
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“Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program. “Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding. Grantees must obligate the funds by the statutory deadlines set forth in this Exhibit A.
“Cal ICH” is synonymous with “Council”.
4) Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.
As detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.
Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, Cal ICH guidance and directives, and the requirements per the authorizing statute.
Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Disbursement Provisions. Prior to fully executing this agreement, Grantees must standardize their budget using a Cal ICH provided budget template.
Grantees are expected to be close partners with Cal ICH. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.
Quarterly reporting requirements are detailed below in Exhibit D.4. Reporting, Evaluation, and Audits.
Fiscal deadlines are detailed below in Exhibit A.6. Effective Date, Term of Agreement, and Deadlines.
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Grantees shall complete a Final Work Product (As detailed below in Exhibit A.6.d.) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, Cal ICH will make Technical Assistance available.
Cal ICH maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final. 5) Cal ICH Contract Coordinator Cal ICH’s Contract Coordinator for this Agreement is the Council’s Grant Development Section Chief or the Grant Development Section Chief’s designee.
Unless otherwise instructed, any communication shall be conducted through email to the Cal ICH Contractor Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, Agency shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to Cal ICH and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE ENTITY: Business, Consumer Services
and Housing Agency City of Banning
SECTION/UNIT:
California Interagency Council on
Homelessness
(Cal ICH)
ADDRESS: 801 Capital Mall, 6th floor
Sacramento, CA, 95814
99 E. Ramsey Street,
Banning, CA 92220
CONTRACT
COORDINATOR Jeannie McKendry Doug Schulze
PHONE
NUMBER: (916) 510-9446 (951) 922-3104
EMAIL
ADDRESS: [email protected] [email protected] [email protected] The Council reserves the right to change their Cal ICH Contractor Coordinator, designee, and / or contact information at any time with reasonable notice to the Grantee.
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All requests to update the Grantee information listed within this Agreement shall be emailed to Cal ICH grant’s general email box at [email protected].
Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to Cal ICH Contractor Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment, approved by DGS.
6) Effective Date, Term of Agreement, and Deadlines
a) This Agreement is effective upon execution by Cal ICH, which includes signature from the Grantee and Cal ICH. This is indicated by the Cal ICH provided signature and date on the second page of the accompanying STD. 213, Standard Agreement.
b) Performance shall start no later than 30 days, or on the express date set by Cal ICH and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, Cal ICH, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.
c) Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed. d) This Agreement will terminate on March 31, 2027.
Grantees shall submit a Final Work Product by September 30, 2026. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by Cal ICH.
Cal ICH will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by March 31, 2027.
Grantees are expected to continue performing until March 31, 2027. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials. e) Expenditure and Obligation Deadlines:
i. Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2024.
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ii. Grantees that have not obligated 100 percent of their Program funds by June 30, 2024, shall submit an alternative disbursement plan to Cal ICH for approval no later than July 30, 2024. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
iii. Grantees not meeting the requirements outlined in (i) may be subject to additional corrective action, as determined by Cal ICH. iv. All Program funds (100 percent) shall be expended by June 30, 2026. Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(e)(5).
7) Special Conditions
Cal ICH maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final. 442
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS 1)
All Grantees must submit the following completed forms prior to ERF being released:
Request for Funds Form (“RFF”)
STD 213 Standard Agreement form and initialed Exhibits A through E STD 204 Payee Data Record or Government Agency Taxpayer ID Form 2) Disbursement of Funds
ERF will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS), and the State Controller’s Office (SCO).
The RFF must include the total amount of Program funds proposed to be expended.
The ERF will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.
3) Budget Details and Expenditure of Funds The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted standardized budget. Cal ICH reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted standardized budgets.
a) Budget Changes
i) Process:
Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. Cal ICH may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.
Cal ICH reserves the right to amend or adjust this process as necessary. 443
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ii) Conditions requiring a budget modification request:
Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by Cal ICH so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget.
Any decrease or increase to the total expenditures for any eligible use category must be approved by Cal ICH’s Grant Development Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized budget. The Grant Development Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from Cal ICH as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6. Breach and Remedies.
Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change as considered by a reasonable project manager should be submitted to Cal ICH for approval. b) Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.
Eligible uses and activities include, but are not limited to, the following:
Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.
Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services. Services Coordination Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and 444
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promote housing stability for eligible persons, as well as direct case management services being provided to persons.
Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.
Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.
Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.
Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.
Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.
Administration: up to 5% of awarded Program funds may be applied to administrative costs.
Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.
4)
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with HSC Sections 50250 – 50254, other applicable laws, the terms and conditions of this Agreement, Cal ICH guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2. Purpose.
Costs shall not be used for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. 445
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Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.
Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.
Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH at an amount and timeframe determined by Cal ICH.
An expenditure which is not authorized by this Agreement, or by written approval of Cal ICH, or which cannot be adequately documented, shall be disallowed, and Cal ICH
determined by Cal ICH
Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution including site restoration or waste management.
Unless expressly approved by Cal ICH in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution.
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT C
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.pdf?la=en&hash=3A64979F777D5B9D35309433EE81969FD69052D2 In the interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments.
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Encampment Resolution Funding Program
Standard Agreement
EXHIBIT D
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit D; violation of any federal or state laws; or withdrawal of Cal ICH’s expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH’s specified date of termination. b) Sufficiency of Funds
available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2)
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12. (Special Conditions – Grantees/Sub Grantee) or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation.
3)
Grantee submitted a standardized budget to Cal ICH as part of their application for the Program.
Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee’s knowledge. In the event that any 448
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part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4) Reporting, Evaluation, and Audits
a) Reporting Requirements
i. Timing and Format of Reports.
Grantee is required to provide Cal ICH or its agents with all data and outcomes that may inform an assessment of the funded proposal. Grantees shall report quarterly and have one Final Work Product submitted prior to this Agreement’s termination.
The quarterly reports shall be submitted on a template to be provided by Cal ICH at least 90 days prior to the first reporting deadline. Cal ICH may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
ii. Required Data
Grantees will be required to provide:
Outreach and service path data at the anonymized, individual level; Current housing status of persons served in the aggregate; Status of funding as presented in the Cal ICH approved, standardized budget; and
Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use Cal ICH supplied funding codes.
Cal ICH’s discretion in identifying which information shall be included in these reports is final.
Pursuant to HSC Section 50254, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.
Pursuant to HSC Section 50254(b)(3), Grantees shall report individual, client-level data for persons served by grant funding to the council, in addition to any data reported through local Homeless Management Information System, as required by the council for the purposes of research 449
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and evaluation of grant performance, service pathways, and outcomes for people served.
Grantees shall comply with the data entry requirements of AB977, located at Welfare and Institutions Code section 8256(d).
iii. Cal ICH usage of Reports
Pursuant to HSC Section 50254(b)(4), Council staff may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served. iv. Failure to Report
If the Grantee fails to provide any such report, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
b) Evaluation
i. At Cal ICH’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, Cal ICH will contract a third party to complete the evaluation. ii. Grantees are expected to be close partners with Cal ICH for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of success or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with Cal ICH or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by Cal ICH or its designee.
iii. For the purpose of evaluation, Cal ICH or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice. Cal ICH will comply with Grantee’s site visit terms during any site visits.
iv. Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize and preserve internal work products that guided implementation by the Grantee or subgrantee.
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v. Grantees shall notify Cal ICH and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
vi. All terms and conditions that apply to reporting similarly apply to evaluation. c) Auditing
Cal ICH reserves the right to perform or cause to be performed a financial audit.
At Cal ICH request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
i) The audit shall be performed by an independent certified public accountant.
ii) The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH
iii) The Grantee is responsible for the completion of audits and all costs of
iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit fi 5) a) Record Inspection Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, Cal ICH guidance or directives, and this Agreement.
b) Record Retention
subparagraph A for
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If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
c) Public Records Act
The grantees’ final HHAP-4 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act.
6) Breach and Remedies
a) Breach of Agreement Breach of this Agreement includes, but is not limited to, the following events:
i. Grantee’s failure to comply with the terms or conditions of this Agreement. ii. Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
iii. Any failure to comply with the deadlines set forth in this Agreement. b) Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may:
i. Conduct a program monitoring which will include a corrective action plan (CAP) with findings, remedies, and timelines for resolving the findings. ii. Bar the Grantee from applying for future ERF funds; iii. Revoke any other existing ERF award(s) to the Grantee; iv. Require the return of any unexpended ERF funds disbursed under this Agreement;
v. Require repayment of ERF funds disbursed and expended under this Agreement;
vi. Require the immediate return to Cal ICH of all funds derived from the use of ERF
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vii. Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.
c) All remedies available to Cal ICH d) Cal ICH may give written notice to the Grantee to cure the breach or 4 7)
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce 8)
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9)
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result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, Public Contract Code
Sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).
d)
committee, or body with the primary purpose of administering funds or making financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10) DrugCertification
under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:
454
City of Banning
23-ERF-2-R-10022
Initial Here________
that unlawful
manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).
a) Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients
i. The dangers of drug abuse in the workplace;
ii. Grantee’s policy of maintaining a drug-free workplace; iii. Any available counseling, rehabilitation, and employee assistance program; and
iv. Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
b) (a)(3), that
d/or subrecipient that works under this Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment or subcontract.
11) For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
455
City of Banning
23-ERF-2-R-10022
Initial Here________
12) Special Conditions – Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF.
Failure to comply with these conditions may result in termination of this Agreement. a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees
i. Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
ii. Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it. iii. Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. iv. Agree to include and enforce all the terms of this Agreement in each subcontract.
13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.
Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall Cal ICH
456
City of Banning
23-ERF-2-R-10022
Initial Here________
14) Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
b) Cal ICH
that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. c) Grantee
inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15)
a) If any provision of this Agreement, or an underlying obligation, is held invalid by Cal
ICH affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
b) The Grantee Cal ICH immediately of any claim or action undertaken Cal ICH, and shall
take such action with respect to the claim or action as is consistent with the Cal ICH.
457
City of Banning
23-ERF-2-R-10022
Initial Here________
Encampment Resolution Funding Program
Standard Agreement
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities and reported on as required by Cal ICH 2) Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate - ERF specific funding sources and project codes in HMIS).
3) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or “HDIS”), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 4) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH. Grantee will report to Cal ICH on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals. 5) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
458
City of Banning
23-ERF-2-R-10022
Initial Here________
6) Cal ICH maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and Cal ICH’s discretion in making these determinations are absolute and final. 459
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: December 12, 2023
SUBJECT: Consideration of Resolution 2023-192, Accepting a Donation for the Banning Senior Center from the Sun Lakes Country Club Charitable Trust in the Amount of $2,000
RECOMMENDATION:
Adopt Resolution 2023-192.
BACKGROUND:
City of Banning Administrative Policy B-27 – Donation to City Funds and Programs/Administration, effective 4/2015 and reviewed on 07/2018, establishes the protocol for acceptance of donations for City programs and services.
Administrative Policy B-27 also establishes the acceptance approval thresholds and per this policy, donations in an amount greater than $1,000 must be approved by the City Council.
The Banning Senior Center and its programming is substantially funded under the Parks and Recreation Budget allocation for the Senior Center within the General Fund and is also supported through donations and fund raising throughout the year.
Sun Lakes Country Club Charitable Trust has been a continuous supporter of the Banning Senior Center and has graciously donated $2,000. The Sun Lakes Charitable Trust made the donation with the requirement that the funds are used for the Senior Center facilities benefitting the lunch program. After evaluation of needs, the donation will be used to replace the existing lunch room tables for that purpose.
JUSTIFICATION:
Donations such as this directly and positively impact the Parks and Recreation and Programs enhance the City’s offerings and aid in the development and improvement of our community. The existing tables in the Nutrition site have reached their useful life after multiple repairs.
FISCAL IMPACT:
The acceptance of the donation does not require any matching funding and will allow for the replacement of needed tables at the Senior Center without additional General Fund allocation.
ALTERNATIVES:
1. Adopt Resolution 2023-192 as recommended.
2. Do not approve Resolution 2023-192 and provide alternative direction to staff.
ATTACHMENTS:
460
1. Resolution 2023-192, Accepting Donation from Sun Lakes Charitable Trust.docx 461
Resolution 2023-192
RESOLUTION 2023-192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
ACCEPTING A DONATION TO THE BANNING SENIOR CENTER FROM THE SUN LAKES CHARITABLE TRUST IN THE AMOUNT OF $2,000
WHEREAS, the City of Banning Senior Center supports its citizens by offering programs and services that enhance and provide opportunities for socialization and improved health for its senior population; and
WHEREAS, the Banning Senior Center is substantially supported by a General Fund allocation for FY 2023-24; and
WHEREAS, donations offered for the sole purpose of improving the facility or program offerings of the Banning Senior Center are appreciated and valued; and WHEREAS, Administrative Policy B-27 Donations to City Funds and Programs/Administration, establishes the protocol of acceptance of donations; and WHEREAS, Administrative Policy B-27 – Donations to City Funds and Programs/Administration establishes that donations of greater than $1,000 must be approved by the City of Banning City Council; and
WHEREAS, the Sun Lakes Country Club Charitable Trust has offered to donate $2,000 for the support of the Banning Senior Center and its purpose of providing socialization, healthy food and healthy programming for the City’s senior population.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. Accepting the donation to the Banning Senior Center from the Sun Lakes Country Club Charitable Trust in the amount of $2,000.
SECTION 2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to donation for the sole purpose of programming at the Banning Senior Center.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 462
Resolution 2023-192
PASSED, APPROVED AND ADOPTED this 12th day of December 2023.
Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita R. Young, City Attorney
Richards, Watson & Gershon
463
Resolution 2023-192
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2023-192, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of December 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Deputy City Clerk
City of Banning, California
464
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nate Smith, Public Works Deputy Director
MEETING DATE: December 12, 2023
SUBJECT: Consideration of Resolution 2023-193, Approving Final Tract Map 33540 and Releasing the Map for Recordation, Authorizing Staff to Sign the Subdivision Improvement Agreements and Final Tract Maps, Accepting Faithful Performance and Labor Bonds for Public Improvements, and Accepting a Grading Bond for Related Grading Work
RECOMMENDATION:
Adopt Resolution 2023-193.
BACKGROUND:
Tentative Tract Map (TTM) 33540 was approved by City Council on June 13, 2006 as Resolution 2006- 059, with modifications to the TTM approved by City Council on December 11, 2018 as Resolution 2018- 149 which reduced the lot count from 171 lots to 143 lots and to convey additional land to the Morongo Band of Mission Indians.
The applicant has processed Final Tract Map (TM) 33540 through the Public Works Department. TM 33540 subdivides 71.79 acres into 143 single family residential lots, 7 Open Space, Park, and Drainage lots, and 1 lot that will be deeded by the developer to the Morongo Band of Mission Indians after recordation of the final map. The applicant has complied with the required Conditions of Approval, including close coordination with the Morongo Band of Mission Indians and has recently obtained approval of the Memorandum of Agreement (MOA), Cultural Resources Mitigation Monitoring Program (CRMMP), and Tribal Monitoring Services Agreement (TSMA).
JUSTIFICATION:
TM 33540 was checked by the City's consulting surveyor and was found to be technically correct and conforms to the requirements of the Subdivision Map Act. All Conditions of Approval required to be met prior to the recordation have been met. The City Engineer has verified that the map is in substantial conformance with the approved TTM.
FISCAL IMPACT:
There is no direct fiscal impact based on the approval of TM 33540, however, the recordation of the map allows for the development of the project which will increase the assessed value of the properties resulting in an increase in property tax revenue. Additionally, the project will generate development impact fee revenues. The City’s cost for processing the project will be offset by processing fees.
ALTERNATIVES:
Do not approve TM 33540 and provide staff with additional direction. 465
ATTACHMENTS:
1. Resolution 2023-193, Final Tract Map 33540.docx
2. Exhibit A - TR 33540 FM.pdf
3. Exhibit B - TR 33540 SIA.pdf
4. Att 2 - L&M Bond #CMS355952.pdf
5. Att 3 - Payment Bond #CMS355952.pdf
6. Att 4 - Monumentation Bond.pdf
7. Att 5 - TTM 33540 - 6.13.23.pdf
8. Att 6 - CC Reso 2006-059.pdf
9. Att 7 - TTM 33540 - 12.11.18.pdf
10. Att 8 - CC Reso 2018-149.pdf
466
Resolution 2023-193
RESOLUTION 2023-193
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING FINAL TRACT MAP 33540; AUTHORIZING STAFF TO SIGN THE FINAL TRACT MAP AND SUBDIVISION IMPROVEMENT AGREEMENTS; RELEASING THE MAP FOR RECORDATION; ACCEPTING THE PERFORMANCE, LABOR AND MATERIAL, AND MONUMENT BONDS FOR PUBLIC IMPROVEMENTS; AND
ACCEPTING A GRADING BOND FOR RELATED GRADING WORK
WHEREAS, Tentative Tract Map (TTM) 33540 was approved by City Council on June 13, 2006 and revised with City Council approval on December 11, 2018; and WHEREAS, Final Tract Map (TM) 33540 will subdivide approximately 71.8 open space acres of vacant land into 143 residential lots, 7 open space and drainage lots, and 1 lot to be conveyed to the Morongo Band of Mission Indians north of Gilman Street and west of Wyte Way; and
WHEREAS, the property owner has signed a Subdivision Improvement Agreement and has submitted bonds to assure that the required improvements including street, sewer, water, and storm drain improvements are constructed; and WHEREAS, the TM 33540 has been deemed technically correct and that they conform to the requirements of the Subdivision Map Act and the City Engineer has verified that TM 33540 are in substantial conformance with the approved TTM 33540.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Final TM 33540, attached as Exhibit “A” and made part of this Resolution.
SECTION 2. The City Council authorizes the City Manager or designee to execute the Subdivision Improvement Agreement and upon receipt of all required signatures, directs the Administrative City Clerk to transmit TM 33540 to the County Recorder of the County of Riverside for filing.
SECTION 3. The City Council hereby accepts the performance, labor, material, monument, and grading bonds.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause the certified Resolution to be filed in the book of original resolutions. 467
Resolution 2023-193
PASSED, APPROVED AND ADOPTED this 12th day of December 2023.
Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita Young, City Attorney
Richards, Watson & Gershon
468
Resolution 2023-193
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2023-193, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of October 2023 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
469
Resolution 2023-193
Exhibit A
Final Tract Map 33540
470
Resolution 2023-193
Exhibit B
Subdivision Improvements Agreements
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EXHIBIT . fJ; t
530
RESOLUTION NO. 2006-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BANNING, CALIFORNIA APPROVING TENTATIVE TRACT
MAP NO. 33540, A REQUEST TO SUBDIVIDE 65 ACRES
INTO 172 SINGLE FAMILY RESIDENTIAL LOTS AND 3
OPEN SPACE LOTS WITHIN THE LOW DENSITY
RESIDENTIAL LAND USE DISTRICT GENERALLY
LOCATED ON THE NORTH SIDE OF GILMAN STREET, ONE
BLOCK WEST OF WYTE WAY. APN: 535- 014; 070-535-110-
002;- O11006;-12 535- 006311-THROUGH - 023;-29; 535-312- 001 THORUGH - 024
WHEREAS, an application for TTM 33540 has been duly filed by:
Applicant !Owner: HDS Group
Authorized Agent: Hagop Sargisian
Project Location: Wyte Way and Gilman Street
APN Number: 535- 014; 070- 535- 002;-110- 006;- 12 535- 006311- THROUGH -023;-29; 535- 00132-THROUGH - 024
Lot Area: 65 acres
Application Complete: February 14, 2006
WHEREAS, the Municipal Code allows for the subdivision of 65 acres into 172 single family residential lots ranging in size from 7,000 square feet to 20,000 square feet and 3 open space lots, subject to the approval of a Tentative Tract Map; and WHEREAS, on June 1, 2006 the City gave public notice as required under Government Code Section 66451.3 by mailing notices to property owners and advertising in a newspaper of general circulation within the City of Banning of the holding of a public hearing at which the project would be considered; and
WHEREAS, in accordance with Government Code Section 66452.3, the City has provided the applicant and each tenant on the subject property with a copy of the Planning
Department'sreport and recommendation to the Planning Commission at least three (3) days prior to the below referenced noticed public hearing; and WHEREAS, on May 2, 2006 the Planning Commission held the noticed public hearing at which. interested persons had an opportunity to testify in support of, or opposition to, the Tentative Tract Map and at which the Planning Commission considered the Tentative Tract Map; and
CC RESOLUTION NO 2006-59
TT33540
531
WHEREAS, on June 13, 2006, the Banning City Council held the noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, the Tentative Tract Map and at which the Banning City Council considered the Tentative Tract Map; and
WHEREAS, at this public hearing on June 13, July 25 and September 12 and 26, 2006 the Banning City Council considered, heard public comments on and adopted a Mitigated Negative Declaration and Mitigation Monitoring Program for the project by Resolution 2006-58.
NOW THEREFORE, the City Council of the City Of Banning does hereby find, determine, and resolve as follows:
SECTION 1. ENVIRONMENTAL FINDINGS.
The Banning City Council, in light of the whole record before it, including but not limited to, the City's
Local CEQA Guidelines and Thresholds of Significance, the recommendation of the Planning Director as provided in the Staff Report dated June 13, 2006 and documents incorporated therein by reference, and any other evidence ( within the meaning of Public Resources Code ~ 21080(e) and §21082.2) within the record or provided at the public hearing of this matter, hereby finds and determines as follows:
1. CEQA: The approval of this Tentative Tract Map is in compliance with the requirements of the California Environmental Quality Act ("CEQA"), in that on June 13, and July 25, 2006, at a duly noticed public hearing, the Banning City Council approved Resolution No. 2006-58 approving a Mitigated Negative Declaration and Mitigation Monitoring Program reflecting its independent judgment and analysis and documenting that there was no substantial evidence, in light of the whole record, from which it could be fairly argued that the project may have a significant effect on the environment. The documents comprising the City's environmental review for the project are on file and available for public review at Banning City Hall, 99 E. Ramsey Street, Banning, California 92220.
2. Wildlife Resources: Pursuant to Title 14, California Code of Regulations Section 753. c), 5(the Planning Commission has determined, based on consideration of the whole record before it, that there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the habitat upon which wildlife depends.
Furthermore, on the basis of substantial evidence, the Planning Commission hereby finds that any presumption of adverse impact has adequately been rebutted. Therefore, pursuant to Fish and Game Code Section 711. c)(B) 4(2(and Title 14, California Code of Regulations, Section 753. a)(5(3), the project is not required to pay Fish and Game Department filing fees.
3. Multiple Species Habitat Conservation Plan ( MSHCP): The project is found to be consistent with the MSHCP. The project is located outside of any MSHCP criteria area and mitigation is provided through payment of the MSHCP Mitigation Fee.
CC RESOLUTION NO 2006-59
Tract 33540
2 532
MAP ACT FINDINGS.
In accordance with Banning Municipal Code and Government Code § 66473.1, § 66473.5 and § 66474, the City Council, in light of the whole record before it, including but not limited to the Planning Department's
staff report and all documents incorporated by reference therein, the City's
General Plan, Subdivision Ordinance, Zoning Ordinance, standards for public streets and facilities, and the City's Single Family Residential Design Guidelines and any other evidence within the record or provided at the public hearing of this matter, hereby finds and determines as follows:
1. Tentative Tract Map 33540 is consistent and compatible with the objectives, policies, general land uses, and programs specified the City's
General Plan in that:
The General Plan land use designation for the site is Low Density Residential " LDR" which allows project densities from 0 to 5 dwelling units per acre. The proposed Map will result in the development of 173 single family residential dwelling units at a density of 2.6 units per acre. This density level is within the range permitted under the General Plan land use designation for this site. One of the primary goals stated in the Land Use Element of the General Plan is that existing neighborhoods be preserved and enhanced Goal 1). The proposed Map serves to achieve this objective through the development of single family residential lots and supporting infrastructure while maintaining the City's scenic and cultural resources for the enjoyment of existing and future residents.
Specifically, the open space at the base of the slope/ridge has been reserved as open space. This area will be maintained in perpetuity by a Home Owners Association.
The lots are expected to be used for detached single-family homes, a use allowed in the General Plan. Further the project serves to achieve Goal 1 of the General Plan Circulation Element, the development of a safe and efficient transportation system.
Gilman Street, the primary access for the project, as well as all internal streets will meet the street designation depicted in the City's
General Plan (local streets). Further all
streets have been reviewed by the Engineering/Public Works Department to ensure proper design standards. Considering all of these aspects, the proposed Map furthers the objectives and policies of the General Plan and is compatible with the general land uses specific in the General Plan.
2. The design and improvement of the subdivision proposed under Tentative Tract Map 33540 is consistent with the City's
General Plan in that:
The proposed subdivision has been designed to meet City standards, which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on site improvements, such as streets, utilities, and drainage facilities have been designed. and are conditioned to be constructed in conformance with City standards.
3. The site is physically suitable for the type of development proposed under Tentative Tract Map 33540, in that:
CC RESOLUTION NO 2006-59
Tract 33540
3 533
The site is generally rectangular in shape and slopes from the northwest to the southeast, and consists of 65 acres. The site is not located within a flood plan. The project is located within an Alquist Priolo special studies zone, seismic and geologic reports have been generated and a "no build zone has been established. No structures or residential lots are proposed for this zone.
4. The site is physically suitable for the density of development proposed under Tentative Tract Map 33540, in that:
The site is generally rectangular in shape, relatively flat, and slopes from the northwest to the southeast and consists of 65 acres. The subdivision has been designed to accommodate the development of 172 (e.g. single family residential dwelling) units considering the shape and topography of the site. The project as proposed has a density of 2.6 units per acre. According to the density ranges provided in the Land Use Element of the City's
General Plan for the Low Density Residential ( LDR) land use designation and in the City's Zoning Ordinance for the LDR zone, a density of 0-5 units per acre is appropriate for a site of this size and configuration.
5. The design of the subdivision and improvements proposed under Tentative Tract Map 33540, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that:
A portion of the site contains a cemetery; the balance of the site is vacant with the exception of some remnant foundations from the previously occurring Indian School on the property. A biological assessment was conducted on the proposed project site. The study included records searches as well as surveys. The general biological survey found that the majority of the habitat on the site consists of non-native grasslands. The on-site survey identified 49 common species on the site. The northern edge of the site is foraging habitat for avian species and provides a corridor for wildlife, and will be preserved as open space. A preliminary assessment for burrowing owl habitat was completed as required by the Riverside County Multi-Species Habitat Conservation Plan MSHCP). The site was found to contain suitable habitat for the species, however, no birds were observed. A mitigation measure has been included which requires a protocol survey for burrowing owl to be completed 30-days prior to the issuance of grading permits. Should burrowing owls be located on site, a biologist shall submit recommendations for relocation of the animals to the Planning Department for review and approval. There is no evidence that vernal pool complex, similar bodies of water, or conditions suitable for forming such bodies of water exist on the site. This determination is based on the Biological Assessment conducted by Pacific Southwest in November 2004 and the City's
General Plan. In addition, this project has been conditioned to comply with the environmental policies and regulations of the City of Banning and those of all local and regional governmental agencies having jurisdiction over the site.
CC RESOLUTION NO 2006-59
Tract 33540
4 534
6. The design of the subdivision and improvements proposed under Tentative Tract Map 33540, is not likely to cause serious public health problems in that:
The design of the subdivision is in conformance with the City's General Plan, Zoning
Ordinance, and Subdivision Ordinance, the construction of all units on the site has been conditioned to comply with all applicable City of Banning ordinances, codes, and standards including, but not limited to, the California Uniform Building Code, the City's Ordinances relating to Storm water runoff management and controls. In addition, the design and construction of all improvements for the subdivision has been conditioned to be in conformance with adopted City street and public works standards. The City's ordinances, codes, and standards have been created based on currently accepted standards and practices for the preservation of the public health, safety and welfare. Finally, the proposed street system throughout the subdivision will improve emergency vehicular access.
7. The design of the subdivision and improvements proposed under Tentative Tract Map 33540, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision in that:
No easements of record or easements established by judgment of a court of competent jurisdiction for public access across the site have been disclosed in a search of the title records for the site and the City does not otherwise have any constructive or actual knowledge of any such easements.
8. The design of the subdivision proposed Tentative Tract Map 33540, adequately provides for future passive or natural heating and cooling opportunities in the subdivision in that:
Taking into consideration local climate and the existing contour and configuration of the site and its surroundings, the size and configuration of lots within the proposed subdivision have been arranged, to the greatest extent feasible, to permit orientation of structures in an east-west alignment for southern exposure, or to take advantage of natural shade, or to take advantage of prevailing breezes.
CC RESOLUTION NO 2006-59
Tract 33540
5 535
CITY COUNCIL ACTIONS.
The Banning City Council hereby takes the following actions:
Tentative Tract Map. The Banning City Council approves Tentative Tract Map 33540 subject to the Conditions of Approval attached hereto and incorporated herein by reference as Exhibit "A".
PASSED APPROVED AND ADOPTED this 26tJ~ y
f September, 2006.
APPROVED AS TO FORM
AND LEGAL CONTENT:
L
ie-F - ~ gs- -T-hpnvas ~. ~ c
t~~City Attorney
ATTEST:
Marie Calderon, City Clerk
City of Banning
CERTIFICATION
I, Marie A. Calderon, City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution No. 2006-59 was duly adopted by the City Council of the City of Banning, California, at a
regular meeting thereof held on the 26th day of September 2006 by the following vote, to wit:
AYES: Councilmembers Hanna, Palmer, Salas, Welch,
Mayor Machisic
NOES: None
ABSTAIN: None
ABSENT: None
L,~~ (-
Marie A. Calderon, City Clerk
City ofBanning, California
CC RESOLUTION NO 2006-59
Tract 33540
6 Jo Machisic, Mayor
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of Banning
536
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DEPARTMENT OF
PLANNING
PROJECT #:
SUBJECT:
APPLICANT:
FINAL CONDITIONS OF APPROVAL
Tentative Tract Map 33540
Subdivision of
HDS G
acres into 172 Single family residential lots
LOCATION: APN~ 535- 014535- 002 - 070- 11006 -011 - 012' 535- 006311-through -023; 535- 001312-through - 024 APPLICANT SHALL CONTACT THE PLANNING DIVISION, ( 951) 922-3125, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Re uirements
Completion
q Date
The applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, _/_/_ officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings ( whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures ( including, but not limited to arbitrations, mediations, and other such procedures), (collectively Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.
Tentative Tract No. 33540 is recommended for approval by the Planning Commission. Full approval is _/_/_ subject to City Council action.
A copy of the signed Resolution of Approval or Community Development Director's letter of approval, and -/_/_ all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check.
A) 60-foot easement shall be recorded against the property to provide legal access from the northerly _/_/_ terminus of "F" Street to the northern property boundary. ( B) Legal and practical access shall be provided from Eighth Street to the existing cellular tower access road north of Lot 175.
Exhibit "A" Resolution No. 2006-59
537
Project No. TT33540
Completion Date
B. Time Limits
This tentative tract map shall expire unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 2 years from the date of the approval.
C. Site Development
The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations.
The cemetery shall be maintained in perpetuity; a covenant shall be recorded on the property affirming this Conditions. Said covenant shall be reviewed and approved by the City Attorney.
Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Community Development Director.
Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the City of Banning Fire Marshal and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy.
Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Community Development Director review and approval prior to the issuance of building permits.
All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first.
Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance.
All trash pick-up shall be for individual units with all receptacles shielded from public view.
All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the Community Development Director. For single family residential developments, transformers shall be placed in underground vaults.
Street names shall be submitted for Community Development Director review and approval in accordance with the adopted Street Naming Policy prior to approval of the final map.
All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination.
The Covenants, Conditions, and Restrictions ( CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney.
They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes.
All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for Community Development Director and City Engineer review and approved prior to the issuance of building permits.
Exhibit "A" Resolution No. 2006-59 2
538
Project No. TT33540
Completion Date
The developer shall submit a construction access plan and schedule for the development of all lots for Community Development Director and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing.
Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences along the project's perimeter.
On corner side provide minimum 5-foot setback between walls/fences and sidewalk. yards For residential development, return walls and corner side walls shall be decorative masonry.
Future development for (each building pad/parcel) shall be subject to separate Development/Design Review process for Planning Commission approval.
D. Building Design
All dwellings shall have the front, side and rear elevations upgraded with architectural treatment, detailing and increased delineation of surface treatment subject to Community Development Director review and approval prior to issuance of building permits.
E. Parking and Vehicular Access ( indicate details on building plans) All units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk.
Multiple car garage driveways shall be tapered down to a standard two-car width at street.
On flag lots, use a 12-foot driveway within flag to maximize landscape area.
F. Landscaping
A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for Community Development Director review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision.
Existing trees required to be preserved in place shall be protected with a construction barrier, and so noted on the grading plans. The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans. The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods.
For all slope planting and irrigation shall be continuously single family residential development maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. landscaping, walls and sidewalks shall be included in the The final design of the perimeter parkways required landscape plans and shall be subject to Community Development Director review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division.
Landscaping and irrigation systems required to be installed within the public right- wayof-on the perimeter of this project area shall be continuously maintained by the developer or Home Owners Association.
Exhibit "A" Resolution No. 2006-59
539
Project No. TT33540
Completion Date
All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division.
Tree maintenance criteria shall be developed and submitted for Community Development Director review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species.
Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape.
G. Environmental -Mitigation Measures
In those instances requiring long term monitoring ( i.e.) beyond final certificate of .occupancy), the applicant shall provide a written monitoring and reporting program to the Community Development Director prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented.
Any lot with a rear yard slope of more than 10 feet will be designed to include terracing of that slope, and intermediate usable yard space within the slope area. This may include staggered retaining walls, stairs and patios, to the clarification of the Director of Community Development Alternatively, the tract map can be redesigned to limit pad elevations between adjacent lots to 10 feet or less.
All manufactured slopes of 10 feet or more shall be landscaped and irrigated in such a manner as to assure 100% coverage within 12 months. Landscaping shall be native groundcover or similar. Irrigation systems shall be operated and maintained by a groundcover or similar. All irrigation systems shall be operated and maintained by a homeowners' association, in order to assure long term survival of the plantings. A maintenance easement shall be recorded on each lot on which such a slope occurs, in favor of the homeowners' association.
The applicant shall submit, for review and approval, a PM10 Management Plan for all grading and construction activities, for review and approval by the City Engineer prior to the issuance of grading permits.
SCAQMD Rule 403 shall be implemented.
No more than 5 acres shall be actively graded during any one day.
During all grading and construction activities, the site shall be watered at least twice daily.
All trucks hauling dirt, sand or soil shall be covered, or shall maintain two feet of freeboard.
Streets accessing the project site shall be swept at the end of each work day.
All grading activities shall be suspended during wind speeds of 25 mph or greater.
All diesel powered vehicles and equipment shall be properly maintained.
Electric or natural gas powered equipment shall be used to the greatest extent possible.
Ridesharing and transit incentives shall be provided to the construction crews.
Pre-coated or natural colored building materials shall be used to the greatest extent possible.
Within 30 days prior to the issuance of grading permits, a protocol survey for burrowing owls shall be conducted to determine if the species occurs on the site. Should the species be identified, the biologist shall provide the Planning Department with recommendations for relocation, frothier review and approval.
No grading permit shall be issued until the relocation has been completed Exhibit "A" Resolution No. 2006-59 4
540
Project No. TT33540
Completion Date
Within 30 days prior to the issuance of grading permits, if the grading permit is sought between February 1 and August 31, a survey of nesting birds subject to the provisions of the Migratory Bird Treaty Act shall be conducted. Should nests be identified, the biologist shall provide the Planning Department with recommendations for buffer areas and construction restriction, for their review and approval. No grading permit shall be issued until the recommendations have been implemented.
No staging, grading or other ground disturbance shall be permitted within the open space area (lot 176) The open space area (lot 176 shall be fenced to prevent encroachment. The Planning Department shall approve the fence. Signs shall be placed at each end of the fence, identifying the area as protected, and prohibiting encroachment by humans dogs or other domestic animals.
Prior to any ground disturbing activity, the applicant shall secure, and shall provide written evidence of the same to the Planning Department, appropriate permits from the California Regional Water Quality Control Board, the US Army Corps of Engineers and the California Department of Fish and Game. The US Army Corps permit shall assure mitigation for the loss of 0.29 acres of federal jurisdictional areas; and the CDFG permit shall assure mitigation for the loss of 0.71 acres of state jurisdictional areas.
A Phase III recovery consistent with the Plan submitted by L& L Environmental shall be completed on the project site prior to any ground disturbing activity on the project site. The final report shall be provided to the City Planning Department for review and approval.
The project shall convey, with recordation of the final map, a 7± acre parcel (lot 175) to the Morongo Band of Mission Indians.
The applicant shall, prior to the issuance of building permits, construct a temporary chain link fence to separate the cemetery from the tract. The fence shall be reviewed and approved by the Planning Department prior the issuance of building permits. The fence shall be replaced by a permanent decorative block wall within 30 days of completion of grading activities." The applicant shall, prior to the issuance of grading permits, complete the design of the burial grounds by a licensed landscape architect, including the relocation of cement slabs, the adobe wall, the grotto, selected stone works, planters and trees.
The applicant shall, prior to issuance of grading permits, install wrought iron fencing to enclose the parcel to be conveyed to the Morongo Band, and extending to the entrance on 8th Street.
The applicant shall pave and landscape the access road from the 7± acre parcel to 8~h Street.
The applicant shall, prior to the issuance of grading permits, have the site surveyed by a qualified arborist to determine whether the olive trees on the west end of the property can be transplanted to the boundary of the cemetery to act as a buffer. The transplantation shall be complete prior to the issuance of occupancy permits for any house on the property.
The applicant and the Morongo Band shall develop a plan for the preservation of the cemetery and other items to be relocated within the 7± acre parcel.
The applicant shall, at his expense, engage a qualified archaeologist to complete the cataloging of the artifacts collected in the 1990 survey, and shall cause these artifacts to be delivered to the Morongo Band upon completion of the cataloging effort.
All ground disturbing activities on any portion of the site will be monitored by a qualified archaeologist and a representative of the Morongo Band. The archaeologist shall be empowered to stop or redirect activities should artifacts be uncovered. The archaeologist shall deliver a report documenting all monitoring activities to the Planning Department and the Morongo Band within 30 days of completion of grading activities.
Exhibit "A" Resolution No. 2006-59
541
Project No. TT33540
Completion Date
If human remains or potential human remains are identified during earth moving activities, all work shall stop in that area, and the Riverside Counter Coroner shall be contacted. No further activity shall occur in the area in the areas until the Coroner has completed his investigation, including Native American consultation.
A permanent name marker and the existing bronze plaque (in possession of the Riverside County Parks and History Division) shall be placed in the cemetery.
The applicant shall, in conjunction with City staff, prepare formal paperwork for nomination of the site to the National Register of Historic Places, California Register of Historic Places, and appropriate County and Local designations and assure the filing of the paperwork with the appropriate agencies.
A Historic American Engineering Record level recordation of the Gilman Home Channel shall be completed prior to any ground disturbing activity the project site.
Consistent with the recommendations of the L& L Environmental Survey, the channel shall be preserved in place, either in whole or in part, or relocated in part to the open space area north of the project site. If relocated, a memorial plaque explaining the significance of the structure shall be incorporated into the relocation.
Construction activities shall be limited to those hours prescribed in the Municipal Code.
All construction including heavy equipment, shall be muffled. equipment Construction staging and storage areas shall be located along the northern portion of the site, south of the open space and cemetery lots.
Continuous grading activities along the eastern boundary of the project site shall be limited to no more than 15 minutes within an hour.
H. Other Agencies
The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to Community Development Director review and approval prior to the issuance of building permits.
APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (951) 922-3130, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
I. General
The Department of Public Works recommends the following Conditions of Approval for Tentative Tract _/_/_ Map 33540. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency.
Exhibit "A" Resolution No. 2006-59 6
542
Project No. TT33540
Completion Date
Prior to the issuance of any grading, construction, or public works permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies:
Fire Marshal
Public Works Department (Grading Permit, Improvement Permit) Community Development Department
Riverside County Environmental Health Department
Banning Unified School District
California Regional Water Quality Control Board Colorado River Basin ( RWQCB) South Coast Air Quality Management District (SCAQMD)
United States Army Corps of Engineers (USAGE)
California Department of Fish and Game (DFG)
The applicant is responsible for meeting all requirements of permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting improvements plans to the City.
Exhibit "A" Resolution No. 2006-59 7
543
Project No. TT33540
Completion Date
The following improvement plans shall be prepared by a civil engineer or architect licensed by the State of California as allowed and submitted to the Engineering Division for review and approval. A separate set of plans shall be prepared for each line item listed below. Unless otherwise authorized by the City Engineer in writing, the plans shall utilize the minimum scale specified and shall be drawn on 24" x 36" Mylar. Plans may be prepared at a larger scale if additional detail or plan clarity is desired ( Note: the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors).
A. On-Site Rough Grading Plan 1" = 40' Horizontal
B. Haul Route Plan 1" = 40' Horizontal
C. Clearing Plan 1" = 50' Horizontal
Include fuel modifications zones
Include construction fencing plan
D. SWPPP 1" = 40' Horizontal
Note: A, B & C shall be processed concurrently.
E. Storm Drain Plan 1" = 40' Horizontal
F. Off-Site Street Improvement Plans 1" = 40' Horizontal 1 " = 4' Vertical
G. Off-Site Landscaping Plans 1"=20' Horizontal
H. Off-Site Signing & Striping Plans 1" = 40' Horizontal I. On-Site Street Improvement/ Signing & Striping Plans 1" = 40' Horizontal 1 "= 4' Vertical
J. On-Site Residential Precise Grading Plans 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed herein shall be prepared in formats approved by the City Engineer prior to commencing plan preparation.
All off-site plan and profile street improvement plans and signing & striping plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or at a distance sufficient to show any required design transitions.
All on-site signing and striping plans shall show the following at a minimum: stop signs, limit lines and legends, no parking signs, raised pavement markers ( including blue raised pavement markers at fire hydrants) and street name signs per Public Works standard plans and/or as approved by the City Engineer.
A small index map shall be included on the title sheet of each set of plans, showing the overall view of the entire work area.
Exhibit "A" Resolution No. 2006-59
544
Project No. TT33540
Completion Date
Upon completion of construction, the applicant shall furnish the City with reproducible record drawings on Mylar of all improvement plans that were approved by the City Engineer. Each sheet shall be clearly marked " As-Built" or "As-Constructed" and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The applicant shall have all AutoCAD or raster-image files submitted to the City, revised to reflect the "As-Built" conditions.
All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided for underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. Telephone, cable TV, and/or security systems shall be pre-wired in the residence.
J. Rights of Way
Prior to issuance of any permit(s), the applicant shall acquire or confer property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include right-ofway dedications, irrevocable offers to dedicate or grant of easements to the City for emergency services, maintenance, utilities, storm drain facilities, or temporary construction purposes including the reconstruction of essential improvements.
The applicant shall offer for dedication on the Final Map all public street right- waysof-in conformance with the City's
General Plan, Municipal Code, applicable precise plans, standard plans, and/or as required by the City Engineer.
Offer to dedicate for public purposes the right- wayof-for "A" Street through "J" Street as a general local streets; 60 foot width. The geometrics for the knuckle shall be in accordance with the City of Banning Standard No. G-806. The geometrics for the cul- sacde-shall be in accordance with the City of Banning Standard No. G-800. Offers of dedication shall include corner cut-off at intersection.
Offer to dedicate for public purposes the 24 foot wide right- wayof-for a secondary access way for Wyte Way.
Offer to dedicate for public purposes the necessary right- wayof-in order to meet the City of Banning master planned half street width of 30 feet fronting Gilman Street.
Obtain right- way, of-or offer to dedicate for public purposes the necessary right- wayof-to construct the knuckle at the westerly end of Gilman Street.
Grant slope easements to the City of Banning for road maintenance purposes for any slopes supporting street sections. The easements shall extend 5 feet from the toe of slope to provide adequate access Grant a storm drain easement along master planned storm drain Line "A" for the benefit of Riverside County Flood Control and Water Conservation District in accordance with their standards.
Prior to the issuance of any certificates of occupancy, the applicant shall not grant any easements over any property subject to a requirement of dedication or irrevocable offer to the City of Banning or the Riverside County Flood Control and Water Conservation District unless such easements are expressly made subordinate to the easements to be offered for dedication to the City or RCFC. Prior to granting any of said easements, the sub divider shall furnish a copy of the proposed easement to the City Engineer for review and approval. Further, a copy of the approved easement shall be furnished to the City Engineer prior to the issuance of any certificate of use and/or occupancy.
Exhibit "A" Resolution No. 2006-59 9
545
Project No. TT33540
Completion Date
K. Public Improvements:
Construct half street improvements in accordance with City standards fronting Gilman Street including street lighting, curb and gutter, access ramps, sidewalk, and asphalt concrete paving, street name signs, traffic signs and striping, and any transitions. Curb returns have a 35 foot radius along Gilman Street.
Street lights on Gilman Street shall be installed offset of the existing street lights. Where the transverse slope of the existing pavement exceeds 3% the applicant shall remove pavement and join the existing pavement surface. Applicants' geotechnical engineer shall provide the design of the pavement section based upon the Caltrans method.
Construct full street improvements for "A" Street through "J" Street in accordance with City Standards including street lighting, curb and gutter, cross gutters and spandrels, access ramps, drive approaches, sidewalk, and asphalt concrete paving, street name signs, traffic signs and striping, and any transitions.
Applicants' geotechnical engineer shall provide the design of the pavement section based upon the Caltrans method.
Construct 24 foot wide secondary access road connecting the cul- sacde-at Wyte Way to the cul- sacdeat 8th Street in accordance with City Standards including asphalt concrete paving, traffic signs and striping, and any transitions. Applicants' geotechnical engineer shall provide the design of the pavement section based upon the Caltrans method. The road shall be accessed by drive approaches at the respective cul- sacs. deConstruct the missing portion of curb, gutter and sidewalk along Gilman Street at the south-westerly end that joins to the knuckle, approximately 150 feet more or less.
Construct drive approach(s) for the properties/utilities accessed from the knuckle at the westerly end of Gilman Street. The applicant shall be responsible for paving the drive ways located within the public right- way. ofAll street improvement design shall provide pavement transitions per Caltrans standards for transition to existing street sections.
L. Grading and Drainage:
Submit a Drainage Study with hydrologic and hydraulic analysis for developed and undeveloped (existing) conditions to the Engineering Division for review and approval. The study and analysis must be prepared by a civil engineer licensed by the State of California. Drainage design shall be in accordance with Banning Master Drainage Plan adopted by Riverside County Flood Control and Water Conservation District (RCFC), RCFC Hydrology Manual, and standard plans and specifications. The 10-year storm flow shall be contained within the street curbs, and the 100-year storm shall be contained within the street right- way; of-when this criteria is exceeded, additional drainage facilities shall be designed and constructed.
Prior to recordation of the final map or approval of the grading plan, the subdivider shall submit a geologic investigation/report for review and approval to demonstrate that the site is not threatened by surface displacement from future faulting in accordance with the Alquist-Priolo Earthquake Fault Zoning Act.
Such a
report may require building setbacks and/or engineering strengthening that could significantly alter the design of the proposed tentative tract map. The subdivider shall be responsible for the costs associated with the review and approval of geologic investigation/report.
Exhibit "A" Resolution No. 2006-59 10
546
Project No. TT33540
Completion Date
The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development. Note: Discharge to the rock and mortar channel ( existing Line "A") downstream of project shall not be increased from existing discharge rate.
Design and Construct master planned storm drain system Line " A" within tract boundary in accordance with RCFC design and construction standards.
Design and Construct missing portion of master planned storm drain system Line "A-4" and in accordance with RCFC design and construction standards.
Design and Construct master planned East Gilman Home Debris Basin in accordance with RCFC design and construction standards.
The project grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage areas, outlet points and outlet conditions. Otherwise, a drainage easement shall be obtained for the release of concentrated or diverted storm flows. The project shall accept and convey storm flows from the adjacent property westerly of the project.
Exhibit "A" Resolution Nn. 2006-59 11
547
Project No. TT33540
Completion Date
The applicant shall comply with Chapter 34 " Stormwater Management and Discharge Controls" of the _/_/_ Banning Municipal Code ( BMC); California Building Code Appendix Chapter 33 " Excavation and Grading"; and the State Water Resources Control Board's Order No. 99- DWQ. 08- a) For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the applicant shall be required to submit a Storm Water Pollution Protection Plan ( SWPPP) and file a Notice of Intent NOI) with the Regional Water Quality Control Board.
b) The applicant's
SWPPP shall be reviewed and approved by the City Engineer prior to any on-site or off-site grading being done in relation to this project. c) The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through, and including acceptance of all improvements by the City. d) The applicant's
SWPPP shall include provisions for all of the following Best Management Practices ("BMPs"):
i) Temporary Soil Stabilization (erosion control).
ii) Temporary Sediment Control.
iii) Wind Erosion Control.
iv) Tracking Control.
v) Non-Storm Water Management.
vi) Waste Management and Materials Pollution Control.
e) All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. f) The approved SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City.
Grading and excavations in the public right- wayof-shall be supplemented with a soils and geology report _/_/_ prepared by a professional engineer or geologist licensed by the State of California.
A rough grading plan and a precise grading plan shall be submitted to the City Engineer for review and _/_/_ approval. A grading permit shall be obtained prior to commencement of any grading activity. Rough grading plans shall include perimeter walls with top of wall and top of footing elevations shown. All footings shall have a minimum of 1-foot of cover, and/or sufficient cover to clear any obstructions.
Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad _/_/_ certification stamped and signed by a qualified civil engineer or land surveyor. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times.
All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other _/_/_ lot.
Exhibit "A" Resolution No. 2006-59 12
548
Project No. TT33540
Completion Date
Obtain clearance or approval from the U.S. Army Corps of Engineers, California Department of Fish and Game, Regional Water Quality Control Board, and Riverside County Flood Control and Water Conservation District as required. Comply with all conditions and mitigation measures if so determined and submit copies of all correspondence with the agencies to the Community Development Director and City Engineer.
M. Landscaping:
Prior to occupancy of the first dwelling unit of the development, an automatic sprinkler system and landscaping shall be installed within the common areas including perimeter slopes. The system shall include a landscape controller, a separate water meter, a separate electric meter, and plantings as approved by the Community Development Director. A homeowner's association shall be responsible for the maintenance and upkeep of the common areas in a manner meeting the approval of the Community Development Director.
Prior to the recordation of the final map, the subdivider shall reserve open space Lots 174 to 178 for granting in fee to a homeowner's association who shall be responsible for their maintenance and upkeep in a manner meeting the approval of the Fire Marshall and Community Development Director. If a particular lot may not be granted in fee, the subdivider shall reserve the necessary rights to maintain the lot(s) as described herein.
N. Traffic:
The subdivider shall be responsible for the preparation of a Traffic Impact Anaylsis (TIA) in order to identify the fair share part of any improvements that may be required. The TIA shall be prepared in accordance with County of Riverside guidelines.
Prior to the issuance of any certificate of occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street as approved by the Fire Marshall, and must be maintained in good condition by the property owner until the street is accepted for maintenance.
Prior to the issuance of a precise grading permit or building permit, the applicant shall submit and obtain approval of the Fire Marshall for the plans for all public or private access roads, streets and courts. The plans shall include plan and sectional views and indicate the grade and width of the access road measured flow-line to flow-line. When adead-end street exceeds 150 feet or when otherwise required, a clearly marked fire apparatus access turnaround must be provided and approved by the Fire Marshall.
Applicable CC&Rs or other approved documents shall contain provisions which prohibit obstructions such as speed bumps/humps, control gates or other modifications within said easement or access road unless prior approval of the Fire Marshall is granted.
Place a two way stop with limit lines along Gilman Street at 8th Street.
Place centerline striping along Gilman Street.
Perform a traffic signal warrant study in accordance with Caltrans standards for the intersection of Wilson Street and 8th Street. If a traffic signal is warranted, the subdivider shall be responsible for constructing the traffic signal at this location prior to occupancy of the 85 single family dwelling.
Exhibit "A" Resolution No. 2006-59 13
549
Project No. TT33540
Completion Date
O. Final Map:
Prior to approval of any Final Map, the applicant shall construct all on-site and off-site improvements in accordance with the approved plans and satisfy its obligations for same, or shall furnish a fully secured and executed Agreement for Construction of Public Improvements guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City
The applicant shall file an Environmental Constraint Sheet. An Environmental Constraint Sheet means a duplicate of the final map on which are shown the Environmental Constraint Notes. This sheet shall be filed simultaneously with the final map, with the County Surveyor, and labeled ENVIRONMENTAL CONSTRAINT SHEET in the top margin. Applicable items will be shown under a heading labeled Environmental Constraints Notes. The Environmental Constraint Sheet shall contain the statement: THE
ENVIRONMENTAL CONSTRAINT INFORMATION SHOWN ON THIS MAP SHEET IS FOR
INFORMATIONAL PURPOSES DESCRIBING CONDITIONS AS OF THE DATE OF FILING, AND IS NOT INTENDED TO AFFECT RECORD TITLE INTEREST. THIS INFORMATION IS DERIVED FROM
PUBLIC RECORDS OR REPORTS, AND DOES NOT IMPLY THE CORRECTNESS OR SUFFICIENCY OF THOSE RECORDS OR REPORTS BY THE PREPARER OF THIS MAP SHEET. The sheet shall delineate constraints involving, but not limited to, any of the following that are conditioned by the Advisory Agency: archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability, and sewage disposal.
Prior to the recordation of final map or the issuance of a grading permit, the applicant shall obtain approval from the Fire Marshall in consultation with the City Engineer, for a conceptual fuel modification plan and program. Prior to the issuance of any certificate of occupancy, the fuel modification shall be installed and completed under the supervision of the Fire Marshall with an approved plant pallet. The CC&Rs or other approved documents shall contain provisions for maintaining the fuel modification zones, including the removal of all dead and dying vegetation.
Security for the construction of public improvements in accordance with Government Code Section 66499 shall be as follows:
Faithful Performance Bond 100% of estimated cost
Labor and Material Bond 100% of estimated cost
Monumentation Bond $ 5, 0000.
Securities for the public improvements shall be on file with the City Clerk prior to scheduling the final map for approval by City Council. Unit prices for bonding estimates shall be those specified or approved by the City Engineer.
Prior to approval of the Final Map, the applicant shall submit a list of street names and addresses in Microsoft Excel spread sheet format for review and approval. The house number system shall be in accordance with Section 21-17 & 21-18 of the Banning Municipal Code. A reduced copy of the subdivision map shall be included with the submittal.
Revisions to the tentative map during plan check including, but not limited to, lot line alignments, easements, improvement plan revisions, and similar minor changes which do not alter the design property rights, number of lots, environmental impact, etc.) may be administratively approved through the plan check process with the mutual consent and approval of the Community Development Director and City Engineer. Final maps shall be amended in accordance with the Subdivision Map Act.
Exhibit "A" Resolution No. 2006-59 14
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Project No. TT33540
Completion Date
Prior to approval of any final map the applicant shall identify and include in its improvement plans those routine structural and non-structural Best Management Practices (BMP's) as outlined in Supplement A to the Riverside County Drainage Area Management Plans and any attachments.
A record of all street centerline monument ties shall be submitted to the Engineering Division upon completion of improvements or prior to release of Monumentation Bond.
Submit a copy of the title report, closure calculations, and any separate instruments or necessary right-ofway documents to the Engineering Division prior to final map approval.
A map of the proposed subdivision drawn at 1"=200' showing the outline of the streets including street names shall be submitted to the City to update the city atlas map.
An original Mylar of the final map (after recordation) shall be provided to the City for the record files P. Fees:
Plan check fees for final map review, professional report review ( geotechnical, drainage, etc.), and all improvement plans review, shall be paid prior to submittal of said documents for review and approval in accordance with the Fee Schedule in effect at the time of submittal.
Public Works Inspection fees shall be paid prior to the scheduling the final map for approval by City Council in accordance with the Fee Schedule in effect at time of time of scheduling.
Water and sewer connection fees including frontage fees and water meter installation charges shall be paid on a per lot basis at the time of building permit issuance in accordance with the Fee Schedule in effect at that time.
A Traffic Signal Mitigation fee shall be paid on a per lot basis prior to issuance of building permits for each lot within the subdivision.
A fee shall be paid to Riverside County Flood Control and Water Conservation District in the amount specified by them to perform plan checking for drainage purposes for the proposed subdivision.
APPLICANT SHALL CONTACT THE FIRE MARSHAL AT, (951) 922-3210, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Q. Fire Department Developer Fees:
Fees are increased annually and may be different at the time of construction. The fee schedule at the time of plan submittal shall apply.
Residential Dwelling Units - $ 543.00 per unit +
5.00 per unit Disaster Planning
Plan Check & Inspection - $ 84.00 per unit
R. Fire Hydrants:
Exhibit "A" Resolution No. 2006-59 15
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Project No. TT33540
Completion Date
1. Prior to construction or renovation, working fire hydrants shall be provided any structure exceeds 150 feet from a water supply on a public street. when any portion of _/_I_
2. Spacing of fire hydrants shall comply with UFC Appendix III B and the City of Banning Public Works Standards. (maximum 300 feet)
a.
3. Minimum 6-inch riser, street valve, approved shear valve and blue dot identification marker shall be provided for each fire hydrant.
4. The City standard fire hydrant is the Residential, James Jones #J3700, or an equivalent approved by the Fire Marshal.
5. Fire Hydrants are to be painted by the developer, contractor, etc., prior to the final inspection.
EOS Standard W714) Rustoleum Red, damp proof #769 and two (2) coats of Rustoleum semigloss yellow #659, or an approved equivalent.
S. Water Supply:
1. Fire flow shall be established by the Fire Department using the information provided in the UFC Appendix III A. Fire Flow may be adjusted upward where conditions indicate an unusual susceptibility to fire. (minimum 1000gpm for 2 hours)
T. Fire Department Access:
1. Shall be required when any portion of the first story of any structure is more than 150 feet from Fire Department apparatus access.
2. Minimum clearances or widths may be increased when the minimum standards are not adequate for Fire Department access.
3. Surfaces shall be designed and maintained to support the imposed loads of fire apparatus.
Surfaces shall have all-weather driving capabilities, including bridges.
4. Minimum quality road surfaces shall be in place prior to combustible materials being delivered to the site.
5. Minimum unobstructed width shall be 20 feet.
6. Minimum unobstructed vertical clearance shall not be less than 13 feet 6 inches.
7. Minimum turning radius shall be 42 feet.
8. All dead-end access roads in excess of 150 feet shall have approved provisions for turning around of fire apparatus.
9. Maximum grade shall be established by the Fire Department.
10. Vehicles shall not be parked or otherwise obstruct the required width of any fire apparatus r i
Exhibit "A" Resolution No. 2006-59 16
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Project No. TT33540
Completion Date
access.
11. Two means of ingress/egress shall be provided for emergency vehicles and fire apparatus. _/_/_
12. The requirements for this segment are covered in UFC Article 9. ._/-/- U. Premises Identification.
1. Approved numbers or addresses shall be placed on all new and existing buildings in such a _/_/_ position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.
Residential - 3-2" 1/mm. Size
V. Spark Arrestors
1. Chimneys used in conjunction with fireplaces or heating appliances in which solid or liquid fuel is _/_/_ used shall be maintained with an approved spark arrestor.
W. Inspections
1. Inspections shall be requested a minimum of forty-eight (48) hours prior to the time the required _/_/_ inspection is needed.
2. Fee for each inspection is $42.00 per hour per person. Exception, residential inspections are / /_
21.00 per unit per person.
3. Work begun without a permit or without an approved set of plans at the job site will result in a _/_/_ triple fee and/or the work stopped.
X. Hazardous Materials:
The storage, dispensing, use or handling of hazardous materials during construction shall be in _/_/_ accordance with the provisions of UFC Article 80 and UBC Section 307 in addition to all federal, state and local laws or ordinances.
Y. Fuel Modification/ Hazard Reduction Plan (Req'd
Note for all Maps and Plans)
A "greenbelt" or fuel modification zone will be required along the northern portion of the project. _/-/- The Greenbelt/ Zone Plan and the provisions for maintenance shall meet the standard developed by _/_/_ the Fire Department. That standard is presented below.
Exhibit "A" Resolution No. 2006-59 77
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Completion Date
Standard Banning Fire Services Requirements for
Fuel Modification Zones"
Around Projects in High Fire Hazard Areas
Lots that are within planning areas adjacent to open space ( Wildland/Urban Interface Areas) will be developed in accordance with a Fire Protection Plan that provides adequate buffering and fuel modification zones consistent with City Fire Department standards. Fuel management zones will be provided as outlined below.
Areas where slopes exceed 30% will undergo trimming and/or clearing of flammable native vegetation for a minimum distance of one-hundred ( 150) feet from any structure and a minimum distance of seventy-five 75) feet from any property line. No less than fifty (50) feet of these cleared areas will be planted with non-flammable (' wet-zone") vegetation with the remainder remaining clear of trees or large shrubs. The fuel management zones may be reduced through the use of concrete walls as a rear yard edge treatment or as otherwise approved by the City Fire Department. Where residential areas are adjacent to open space areas with slopes not exceeding 30%, a minimum of 100 feet from any structure and a minimum of 50 feet of non-flammable ("wet zone") vegetation must be provided outside of any property line.
The above listed fuel modification zone widths may be increased in areas of extremely steep slopes or where strong winds may influence fire behavior. Fuel modification areas can extend into private lots as long as a Homeowners Association establishes enforceable restrictions related to no additional structures i.e. garages, barns, storage buildings, wooden decks, patio covers, etc.) within required setbacks.
Maintenance of fuel management zones will be the responsibility of either a Homeowners Association, neighborhood association or other appropriate maintenance agency/entity approved by the City of Banning.
Prior to approval of any Tentative Tract Map or Land Use Permit for properties adjacent to wildland interface zones, the project proponent will prepare a Fire Protection Plan for approval by the City Fire Department. The Fire Protection Plan will provide definition of standards, locations, roadway widths, emergency access, design, maintenance, types of vegetation to be used in "wet zones", construction timing, financing and other applicable conditions related to fire protection.
Construction of the buildings that are directly adjacent to the wildland areas must meet the following minimum requirements in addition to other applicable codes:
1. All eaves must be fire protected (i.e. boxed and stuccoed)
2. All attic openings must be screened with a mesh no larger than 1/8 inch.
3. Windows must be dual-paned with aluminum frames.
4. Only non-combustible siding may be used.
Exhibit "A" Resolution No. 2006-59 18
554
Project No. TT33540
Completion Date
APPLICANT SHALL CONTACT THE WATER DEPARTMENT AT, (951) 922-3282, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Z. Water
1. Submit Water Improvement Plans to the Engineering Division for review and approval. Design water lines throughout and to property boundaries to tract. The proposed new water lines shall connect into the City's
water system on Gilman Street. To receive water service without using a hydromatic station, the upper elevation of the highest house pad shall be placed below the 2610 elevation. Also, in some areas of the tract, special seismic design should be considered.
2. All water lines and fitting shall be a minimum of 8-inches in diameter and shall be DIP or 10- gage steel pipes, cement mortar lined & wrapped. Water line easements shall be a minimum width of 20 feet.
3. Fire hydrants shall be installed within and on the tract boundaries as per the approval plans, at a 300-foot maximum spacing.
4. A backflow device must be installed for each irrigation water connection and inc compliance with the State of California Department of Health Regulations. Contact the City of Banning, After Operations Division, prior to installation.
5. A Reimbursement Agreement may be entered into for the proposed constructed and extended water line on Gilman Street that others can use for their benefit.
AA. Sewer
1. Submit Sewer Improvement Plans to the City Engineer for review and approval. Design and construct sewer lines throughout the tract beginning in the vicinity just easterly of proposed Street A" and Gilman Street and, also, westerly on Gilman Street to the end of the proposed cul- sacdefor Gilman Street.
2. All sewer lines shall be extra strength Vitrified Clay Pipe and the sewer mains shall be a minimum of 8-inches in diameter. Sewer line easements to be a minimum of 20-feet wide and shall have an all weather access cover.
3. A sewer check valve shall be provided for each lot with a finished pad elevation lower than the rim elevation of the immediate up-stream sewer manhole.
4. A Reimbursement Agreement may be entered into for the proposed constructed and extended sewer line on Gilman Street that others can use for their benefit.
BB. Sewer
1. Water and Sewer Connection Fees and Water Meter Installation charges shall be paid on a per lot basis and per EDU at the time of issuance of building permits, for each lot within this subdivision in accordance with the fee schedule in effect at the time the fees are paid. Also, pay all water and sewer frontage fees, if applicable, and in accordance with the fee schedule in effect at the time the fees are submitted, prior to plan checking proceeding.
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Exhibit "A" Resolution No. 2006-59 19
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Brandon Robinson, Electrical Engineering Supervisor MEETING DATE: December 12, 2023
SUBJECT: Consideration of Resolution 2023-196, Approving the Professional Services Agreement for the City of Banning Broadband Feasibility Study RECOMMENDATION:
Adopt Resolution 2023-196.
BACKGROUND:
The California Public Utilities Commission (“CPUC”) has established Local Agency Technical Assistance (“LATA”) grants to “support tribes and local agencies in their efforts to expand broadband service to unserved and underserved Californians." Funding from LATA grants is intended for planning work that will facilitate high-speed broadband infrastructure projects.
High-speed and reliable broadband services, generally defined as meeting or exceeding symmetrical 100 Mbps download and upload speeds, are currently unavailable to eastern parts of the City of Banning (“City”) and in current and future development areas. The latest census data shows that the City’s median household income is among the lowest in Riverside County at $42,274, 58 percent less than the median County income of $73,260 in 2019. According to the 2016-2020 U.S. Census, more than 6,400 Banning residents do not have reliable broadband access. The overarching goal of this feasibility study is to enable digital inclusion by providing affordable, easily accessible, high-performance, broadband service to Banning residents and businesses. The City applied for a LATA grant in September 2022 and was awarded funds in November 2022.
In October 2023, the City solicited Requests for Proposals (RFPs) for the Broadband Feasibility Study.
The proposals have been evaluated and staff has submitted a recommendation for award which has been included in Resolution 2023-191.
JUSTIFICATION:
The City is committed to establishing a solid foundation to assess how to provide this essential broadband service to unserved and underserved residents and businesses. The LATA grant and broadband feasibility study will enable the City to address broadband capacity and connectivity concerns critical to the City’s growth and future economic resiliency and make informed decisions related to workforce retention and economic growth and help retain and attract businesses to Banning’s growing population and economy.
In addition, expanding the broadband network will improve operations and the quality of services rendered by City facilities with telecommunication and Supervisory Control and Data Acquisition (SCADA) communication systems specifically for water, wastewater, and electric utilities. 568
FISCAL IMPACT:
The City was awarded grant funds in the amount of $300,000 from the CPUC to complete the broadband feasibility study. The professional services agreement will be awarded in the amount of $220,000.
ALTERNATIVES:
1. Adopt Resolution 2023-196 as recommended.
2. Do not approve Resolution 2023-196 and return grant funds to the CPUC.
ATTACHMENTS:
1. Resolution 2023-196, LATA Grant.docx
2. C00949 - CTC Broadband Feasibility Study.pdf
3. City of Banning award letter LATA.pdf
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Resolution 2023-196