Agenda packet, regular meeting, third session — Banning City Council, July 9, 2024 (part 1 of 11)

July 9, 2024
5:00 p.m.

In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220

1. CALL TO ORDER

2. AGENDA APPROVAL

3. PRESENTATIONS

3.1 Proclamation - Parks and Recreation Month

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS AGENDA

CITY COUNCIL - REGULAR MEETING OF THE BANNING CITY COUNCIL

CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

Per City Council Resolution 2016-44, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a unanimous vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1.1 INVOCATION
Performed by Reverend Dr. James Baylark of First Community Baptist Church

1.2 PLEDGE OF ALLEGIANCE

1.3 ROLL CALL

2.1 AGENDA APPROVAL
Recommendation: Proclaim July 2024 as Parks and Recreation Month Serita Young, City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS
Designation of Voting Delegate and Alternate for the 2024 League of California Cities (Cal Cities) Annual Conference
City Council - Regular Meeting Agenda
July 9, 2024
1 6. CONSENT ITEMS

6.1 Approval of the Meeting Minutes for the June 25, 2024 City Council Meetings

6.2 Consideration of Resolution 2024-113, a Resolution of the City Council of the City of Banning, California, Setting Aside and Vacating its Previous Approval of Tentative Parcel Map No. 38164, Approval of Design Review 21-7008 and Denial of the Appeal of the Planning Commission’s Approval of Design Review 21-7008, and Adoption of an Addendum, All in Connection with the Banning Point Project, Doing so in Compliance with the Peremptory Writ of Mandate that Requires the City Council to Set Aside and Vacate those Decisions, and Rescinding City Council Resolution 2022-14

6.3 Consideration of Resolution 2024-115, Awarding a Citywide Professional Services Agreement for As Needed Public Relations and Community Outreach Consulting Services in the amount of $295,000 for Three (3) Year Agreement with DeGrave Communications Inc.

6.4 Consideration of Resolution 2024-116, Approving the Award of Contract for Roadway and Storm Drain Asset Collection and Analysis with Roadway Asset Services of Austin, Texas for Fiscal Year 2024/2025 in the Amount of $302,082

6.5 Consideration of Resolution 2024-117, Approving an Exclusive Negotiating Agreement with Investel Development LLC for City-Owned Real Property Located at 150 E. Ramsey Street, Banning (APNs 541-181-032, 541-181-033, 541-181-034, AND 541-181-035)

6.6 Consider Resolution 2024-118, Rescinding its Adoption of Resolution 2024-66, and Approving an Office Lease with Riverside County on Behalf of the Emergency Management Department for Office Space within the Armory Located at 2041 W. Nicolet St. to be used by the Radio Amateur Emergency Service (RACES)

6.7 Consideration of Resolution 2024-119, Awarding a Professional Services Agreement for the Design of Traffic Signal Hardware Upgrade at 17 Intersections to STC Traffic, Inc. in the amount of $74,760 and Approving a 10% Contingency for a Total Project Budget of “Not-toExceed” $82,236 Recommendation: Staff respectfully recommend City Council appoint a single voting delegate and alternate for the 2024 League of California Cities (“Cal Cities”) Annual Conference.

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 CITY MANAGER'S REPORT

5.6 CITY ATTORNEY'S REPORT

5.7 CITY TREASURER'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

Recommendation: Approve the minutes of the June 25, 2024 City Council Meetings.

Recommendation: Adopt Resolution 2024-113.

Recommendation: Adopt Resolution 2024-115.

Recommendation: Adopt Resolution 2024-116.

Recommendation: Adopt Resolution 2024-117.

Recommendation: Adopt Resolution 2024-118.

Recommendation: Adopt Resolution 2024-119.

City Council - Regular Meeting Agenda
July 9, 2024
2 6.8 Consideration of Resolution 2024-120, Approving and Authorizing Submittal of California Emergency Management Agency Form to California Office of Emergency Services Form 130 Designating Personnel to Act As the Agent for the City When Seeking Financial Assistance After a Disaster

6.9 Consideration of Resolution 2024-121, Approving a Deposit/Reimbursement Agreement with NP Banning Industrial, LLC

6.10Consideration of Resolution 2024-122, Adopting Administrative Policy, Risk Management (RM) #6 - A Workplace Violence Prevention Plan

6.11Consideration of Resolution 2024-123, Approving the Line Extension Reimbursement Agreement Between the City of Banning and Robertson’s Ready Mix, LTD

6.12Consideration of Resolution 2024-124, Awarding a Contract with Pinnacle Petroleum Inc. for Unleaded and Diesel Bulk Fuel Services in the Amount of $500,000

6.13Consideration of Resolution 2024-125, Approving A Successor Memorandum of Understandings with the Teamsters Local 1932, Representing the Association of MidManagement and Professional Employees, Effective July 1, 2022, through June 30, 2024, and Authorizing the City Manager to Finalize and Execute a Successor Agreement

6.14Consideration of Resolution 2024-06 UA, Adopting the City of Banning's Sanitary Sewer Management Plan

6.15Second Reading and Adoption of Ordinance 1605, Amending Table 17.08.020 of Section

17.08.020 of Article I of Chapter 17.08 of Division II of Title 17 of the City of Banning Municipal Code to Clarify that Affordable Housing Uses are Permitted by Right and are not Subject to Discretionary Action in Specified Zoning Districts as Required by State Law; and Making a Determination of Exemption from the California Environmental Quality Act

6.16Accept as Complete Various Improvements Related to the Atwell Specific Plan Development and Authorize the 90% Bond Exoneration

6.17Butterfield Specific Plan Project (“Atwell”) Annual Development Agreement Review for 2024

6.18City Attorney Annual Consumer Price Index (CPI) Adjustment

6.19Consideration of Resolution 2024-126, Declaring the Intent of the City to be Reimbursed for Recommendation: Adopt Resolution 2024-120.

Recommendation: Approve Resolution 2024-121.

Recommendation: Adopt Resolution 2024-122.

Recommendation: Adopt Resolution 2024-123.

Recommendation: Adopt Resolution 2024-124.

Recommendation: Adopt Resolution. 2024-125.

Recommendation: Adopt Resolution 2024-06 UA.

Recommendation: Conduct second reading and adopt Ordinance 1605.

Recommendation: City Council accept as complete various improvements related to the Atwell Specific Plan Development and authorize the 90% bond exoneration.

Recommendation: Receive and file the annual review of the Development Agreement for the Butterfield Specific Plan Project being developed by Tri Pointe Homes as the Atwell Master Planned Community, ensuring that the developer is proceeding in good faith and in accordance with Section 12.1 of the Development Agreement and Government Code Section 65865.1.

Recommendation: A motion approving annual rate increase in excess of 3% for Legal Services Agreement with Richards, Watson & Gershon.

City Council - Regular Meeting Agenda
July 9, 2024
3 Certain Capital Expenditures from the Proceeds of Indebtedness

6.20Consideration of Resolution 2024-127, Approving the purchase of a 2024 Chevrolet Silverado and All Needed Up Fitting Using PACT Funds in an Amount Not to Exceed $97,250.00

7. PUBLIC HEARINGS

7.1 Consideration of Resolution 2024-114, (1) Approving Tentative Parcel Map No. 38164, Allowing the Subdivision of Approximately 47 Gross Acres of Vacant Land Into Three Parcels; (2) Affirming the Planning Commission’s Approval of Design Review No. 21-7008 and Denying an Appeal of that Decision and Permitting the Construction of a Proposed 619,959 Square Foot Industrial Warehouse Building, including 10,000 Square Feet of Office Space and a Combined 34,000 Square Feet of Retail/Commercial Buildings, on Real Property Located within the Boundaries of the Sun Lakes Village North Specific Plan Area (APN: 419-140-057); and (3) Adopting an Addendum under the California Environmental Quality Act (CEQA) and Making Findings in Support Thereof, Including Findings of Consistency with the Certified Environmental Impact Report Prepared for Amendment No. 5 to the Sun Lakes Village North Specific Plan (SCH # 2020029074)

8. REPORTS OF OFFICERS

9. DISCUSSION ITEMS

10. ITEMS FOR FUTURE AGENDAS

11. ADJOURNMENT
Recommendation: Approve Resolution 2024-126.

Recommendation: Adopt Resolution 2024-127.

Recommendation: Adopt Resolution 2024-114.

10.1 NEW ITEMS

10.2 EXISTING ITEMS

1. Grow Banning (Sanchez)

2. Neighborhood Groups/Identities (Minjares)

3. Update on Community Garden (Flynn)

4. Zencity Contract (Flynn)

5. Zoom Options for Public Meetings (Flynn)

6. Developer Presentation for Sunset Crossroads Project (Flynn)

7. City Manager Evaluation (Flynn)

8. Closed Session: Lawsuit against the City (Flynn)

9. All Active Lawsuits against the City (Flynn)

10. Map of All Warehouses (Current/Planned) Within the City (Flynn) Next Regular Meeting – August 27, 2024
AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
__________________________
Caroline Patton, Administrative City Clerk
City Council - Regular Meeting Agenda
July 9, 2024
4 Secretario adjunto de la ciudad
PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).

Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.

Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.

Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.

CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
July 9, 2024
5 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: July 9, 2024
SUBJECT: Proclamation - Parks and Recreation Month
RECOMMENDATION:

Proclaim July 2024 as Parks and Recreation Month
BACKGROUND:

Proclaim July 2024 as Parks and Recreation Month
JUSTIFICATION:

N/A
FISCAL IMPACT:

None
ALTERNATIVES:

N/A
ATTACHMENTS:

1. Proclamation - Parks and Rec Month.docx
6 CITY OF BANNING

OFFICE OF THE MAYOR
WHEREAS parks and recreation programs are an integral part of communities throughout this country, including the City of Banning; and
WHEREAS parks and recreation services are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and WHEREAS parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and
WHEREAS parks and recreation areas are fundamental to the environmental well-being of our community and the City of Banning offers a variety of parks and recreation opportunities designed for all ages and interests, including popular special events, recreation, athletic programs, and Senior Services; and
WHEREAS the City of Banning Parks and Recreation has planned activities in July such as a July 4th Celebration, Day Camps, Learn to Swim programs, Dive in Movies, a Youth Soccer Clinic, Classes and much more; and
WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS the City of Banning recognizes the benefits derived from parks and recreation resources.

NOW THEREFORE, the City of Banning City Council do hereby proclaim:

Parks and Recreation Month
July 2024
in the City of Banning and encourage the
citizens of our community to join us in this
special observance.

BE IT PROCLAIMED this 9th day of July 2024.

Alberto Sanchez, Mayor
7 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Doug Schulze, City Manager
MEETING DATE: July 9, 2024
SUBJECT: Designation of Voting Delegate and Alternate for the 2024 League of California Cities (Cal Cities) Annual Conference
RECOMMENDATION:

Staff respectfully recommend City Council appoint a single voting delegate and alternate for the 2024 League of California Cities (“Cal Cities”) Annual Conference.

BACKGROUND:

This year’s LOCC annual conference and expo is scheduled for October 16-18, 2024 in Long Beach, CA.

At the conference, league members participate in an Annual Business Meeting where they consider and act on matters that establish LOCC policy. In order for the City to vote at the meeting, the City Council must designate a voting delegate and an alternate who are authorized to cast a vote for the City of Banning.

JUSTIFICATION:

The voting delegate and alternate chosen must be registered to attend the conference on Friday, October 18th. To cast their vote, the delegate must be present (in person) and in possession of the voting delegate card. If for some reason the delegate and alternate are unable to attend, the voting card cannot be transferred, and the City will not be able to vote.

FISCAL IMPACT:

The only fiscal impact of these appointments is the associated cost of travel to the Conference.

ALTERNATIVES:

Do not appoint a voting delegate, resulting in the City losing its vote at the Annual Conference.

ATTACHMENTS:

1. Annual Conference and Expo _ Cal Cities.pdf
8 Annual Conference and Expo
October 16-18, 2024
Long Beach Convention Center
300 E Ocean Blvd, Long Beach, CA
Register (https://my.calcities.org/Events/Calendar-Of-Events/Meeting-Home-Page? meetingid=%7BE886DAA3-7AB5-EE11-A569-000D3A19AAEA%7D)
The League of California Cities is excited to announce that registration is now open for the 2024 Annual Conference and Expo at the Long Beach Convention Center, Oct. 16-18!
The conference will feature speakers and timely presentations on key topics for local leaders, plus numerous opportunities for peer-to-peer sharing with other California city officials.

Our popular Expo Hall, filled with new and familiar faces, will be brimming with opportunities to engage with organizations that provide services to cities. For 6/28/24, 12:12 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2024/10/16/default-calendar/annual-conference-and-expo 1/45 9 questions about this year’s Expo, including how to reserve a booth space, please visit the Expo webpage (/expos) .

Importantly, Cal Cities convenes a member-driven General Assembly and Resolutions process (/advocacy/resolutions-and-the-general-assembly) every year at the conference. This is a unique opportunity to engage all members on a range of significant policy issues to protect local control.

For questions about conference registration, please contact our conference registrar, Megan Dunn (mailto:[email protected]) . For all other questions, please contact Senior Manager, Education and Events Christina George (mailto:[email protected]) .

Become an Exhibitor (https://www.cacities.org/2024ACExpo) Become a Sponsor (https://my.calcities.org/Events/Sponsorships/Product-Details? productid=%7B43851511-FBF8-EE11-A1FD-7C1E521C55FC%7D)
Please review our event and meeting policies. (/education-and-events/event-andmeeting-policies-26201#0) 2024 Conference Information
Registration 
Full registration includes
Admission to general and concurrent sessions and the expo Wednesday host city reception
Admission to CitiPAC and diversity caucus receptions
Electronic access to all program materials
6/28/24, 12:12 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2024/10/16/default-calendar/annual-conference-and-expo 2/45 10 Pre-registration deadline
Online registration ends Friday, Oct. 4. After this date, please register on-site if space allows.

Registration Process:

Complete registration directly through your MyCalCities account. If you have not yet used your MyCalCities account, please review details about the portal (/about-MyCalCities) and contact us with questions.

If you are registering someone other than yourself, first sign in as yourself and then choose the option to register someone else.

Note: Registrations through MyCalCities are available for credit card payments only. If you need to pay with a check, create your account and then reach out to Conference Registrar Megan Dunn (mailto:[email protected]) to request a mail-in registration form. Full payment is due at the time of registration. We do not invoice for registrations.

Conference registration is required for all conference activities, including department, division, and caucus meetings as well as the General Assembly.

Sharing of registration is prohibited.

To request an accommodation or for inquiries about accessibility, please contact conference registrar Megan Dunn (mailto:[email protected]) . Every effort will be made to honor requests submitted.

Full Conference Registration Fees
*Save $50 on the published full conference registration fees if you register by Thursday, July 18.
6/28/24, 12:12 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2024/10/16/default-calendar/annual-conference-and-expo 3/45 11 Member-City Official $700
Non-Member City Official $1,700
Other Public Official $775
All Others $875
One-Day Registration Fees
Member-City Official $350
Non-Member City Official $1,350
Other Public Official $400
All Others $450
Add-On Registration Fees
Guest Reception Pass $125
NOTE: The guest/spouse fee is restricted to persons who are not city or public officials, are not a Cal Cities Partner or exhibitor, and would have no professional reason to attend the conference. It includes access to Wednesday’s host city reception, the Expo Floor, and CitiPAC Reception.

Meals are NOT included. There is no refund for the cancellation of a guest/spouse registration. It is not advisable to use city funds to register a guest/spouse.

City Clerks Workshop Registration Fees
(The City Clerks Workshop is not included in Full Conference or One-Day Registration. Lunch is included.)
Member-City Official $175
Non-Member City Official $350
6/28/24, 12:12 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2024/10/16/default-calendar/annual-conference-and-expo 4/45 12 Refund Policy
Advance registrants unable to attend will receive a refund of the rate paid, minus a $75 processing charge, only when a written request is submitted to Megan Dunn (mailto:[email protected]) , and received on or before Oct.

4. Refunds will not be available after this date. If you are unable to attend, you may substitute a colleague for your entire registration.

Hotel and Travel 
A limited number of hotel rooms are available at reduced rates for registered attendees and exhibitors at the 2024 Annual Conference and Expo. The deadline to reserve your discounted hotel room is Friday, Sept. 20, or until the hotel block is sold out – whichever happens first.

STEP ONE: Register for the conference
Registration can be completed through your MyCalCities account (https://my.calcities.org/Security/Sign-In?returnurl=%2fmy-account%2fmy-profile) .

Instructions on how to access your account can be found at this link (/aboutMyCalCities) .

STEP TWO: Book a hotel room
Once you’ve registered, you will receive a confirmation email with a link to the hotel reservations page where you can access discounted hotel room rates and manage your reservations, including modifications and cancellations. Hotels are quickly selling out; we recommend checking the portal often for openings or booking with your favorite hotel brand at the market rate.

You must be registered for the conference prior to booking a hotel room in the Cal Cities block. Rooms not associated with registered conference attendees, exhibitors, speakers or sponsors will be canceled.
6/28/24, 12:12 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2024/10/16/default-calendar/annual-conference-and-expo 5/45 13 Do not make a hotel reservation unless you are sure it is needed. Your city/company will be financially responsible for all cancellation/attrition fees.

Scam Notice: Scammers may contact you claiming to be the housing bureau/service for the conference. Cal Cities has contracted with LiveCon as the official housing bureau/service for the 2024 Annual Conference and Expo.

Official emails regarding the conference will come from addresses ending in @calcities.org or @live-con.com, or the actual hotel. Neither party will call you directly without prior communication.

Parking and Transportation
In addition to the main parking lot along Shoreline Drive, the convention center has three parking garages: Terrace Theater, Arena, and Promenade.

Convention center garages can be accessed from Linden Avenue. Please visit Long Beach Convention Center (https://www.longbeachcc.com/directionsparking/) for additional information. Parking prices are subject to change without notice.

Public transportation is easily accessible and includes the Metro Blue Line (https://www.metro.net/riding/schedules/?line=801) , Los Angeles County’s light rail system, and Long Beach Transit (https://ridelbt.com/) , the city’s public transportation services available both on land and water.

Nearby airports:

Long Beach Airport (LGB): 10 miles
Los Angeles International Airport (LAX): 22 miles
John Wayne Airport (SNA): 30 miles
Schedule at a Glance 
Schedule is subject to change.
6/28/24, 12:12 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2024/10/16/default-calendar/annual-conference-and-expo 6/45 14 Wednesday, Oct. 16
Registration open/Voting Delegates Booth open
8:00 a.m.-6:00 p.m.

City Clerks Workshop (additional registration required) 8:30 a.m.-1:00 p.m.

AB 1234 Ethics Training
10:00 a.m.-noon
Department and Caucus Business Meetings**
10:30 a.m.-noon
Regional Division Lunches**
11:30 a.m.-1:15 p.m.

First-Time Attendee Orientation
12:45-1:15 p.m.

Opening General Session*
1:30-3:30 p.m.

Concurrent Sessions, Department, and Caucus Business Meetings** 3:30-5:00 p.m.

Grand Opening Expo Hall and Host City Reception*
5:00-7:00 p.m.

CitiPAC Leadership Reception
7:00-9:00 p.m.
6/28/24, 12:12 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2024/10/16/default-calendar/annual-conference-and-expo 7/45 15 Thursday, Oct. 17
Registration open/Voting Delegates Booth open
7:30 a.m.-4:00 p.m.

Petitioned Resolutions Due
8:30 a.m.

Concurrent Sessions and Caucus Business Meetings**
8:30-9:45 a.m.

Expo Hall Open
9:00 a.m.-4:00 p.m.

General Session*
10:00-11:30 a.m.

Attendee Lunch in Expo Hall
11:30 a.m.-1:00 p.m.

Regional Division Lunches**
11:30 a.m.-1:00 p.m.

Young Professionals Meet and Greet
12:30-1:00 p.m.

Resolutions Committee
1:00-2:30 p.m.

Concurrent Sessions, Department, Issues Group, and Caucus Business Meetings**
1:00-5:15 p.m.

Regional Division and Caucus Events**
Evening
6/28/24, 12:12 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2024/10/16/default-calendar/annual-conference-and-expo 8/45 16 Friday, Oct. 18
Registration open
7:30-11:30 a.m.

Regional Division Breakfasts**
7:00-8:15 a.m.

Concurrent Sessions
8:00-10:45 a.m.

General Assembly
8:30-10:30 a.m.

AB 1661 Sexual Harassment Prevention Training
8:45-10:45 a.m.

Closing General Session*
11:00 a.m.-12:30 p.m.
*No competing events may be scheduled during this time. **Check with your regional public affairs manager, caucus president, issues group leader, or department president for the specific day/time for this event.

Additional registration may be required.

Explore Previous Conferences 
Click here to view the 2023 Annual Conference and Expo program (/docs/default-source/annual-conference---session-materials/2023-annual-conferenceprogram.pdf?sfvrsn=febbf500_12) . (/docs/default-source/annual-conference--- session-materials/2023-annual-conference-program.pdf?sfvrsn=febbf500_12) 6/28/24, 12:12 PM Annual Conference and Expo | Cal Cities https://www.calcities.org/education-and-events/event/2024/10/16/default-calendar/annual-conference-and-expo 9/45 17 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Caroline Patton, Administrative City Clerk Doug Schulze, City Manager
MEETING DATE: July 9, 2024
SUBJECT: Approval of the Meeting Minutes for the June 25, 2024 City Council Meetings
RECOMMENDATION:

Approve the minutes of the June 25, 2024 City Council Meetings.

BACKGROUND:

After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.

JUSTIFICATION:

These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995- 21 and Government Code Sections 36814, 40801, and 54953(c)(2).

FISCAL IMPACT:

None
ALTERNATIVES:

1. Approve as recommended.

2. Approve with modifications.

ATTACHMENTS:

1. 2024 06 25_Minutes_Special Meeting - Closed Session.pdf

2. 2024 06 25_Minutes_Special Meeting - Workshop.pdf

3. 2024 06 25_Minutes_Regular Meeting.pdf
18 The following information comprises the minutes for a special meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 6/25/2024

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member David Happe* Arrived at 3:05 p.m.

Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Sheri Flynn
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Laurie Sampson, Assistant City Manager/Acting City Clerk Lincoln Bogard, Administrative Services Director
Art Vela, Director of Public Works
Nicole Jews, Human Resources Manager
Oliver Yee, City Counsel (Liebert, Cassidy, and Whitmore)* *Participating via teleconference.

1. CALL TO ORDER
Mayor Sanchez called the special meeting to order at 3:02 p.m.

1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Flynn, Sheri 
Happe, David* 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
*Arrived at 3:05 p.m.

2. PUBLIC COMMENT – Agenda Items
None

3. CLOSED SESSION
Serita Young, City Attorney, read the closed session citation. 19 Special Meeting Minutes 6/25/2024 Page 2 of 2

3.1. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Doug Schulze, City Manager; Lincoln Bogard, Administrative Services Director; Nicole Jews, Human Resources Manager; Liebert Cassidy Whitmore (City Counsel)
Employee Organization: International Brotherhood of Electrical Workers (IBEW) General Unit; International Brotherhood of Electrical Workers (IBEW) Utility Unit; Teamsters; Banning Police Officers' Association (BPOA)

4. ADJOURNMENT
The Special City Council meeting adjourned at 3:49 p.m.

Minutes Prepared by:

Caroline Patton, Administrative City Clerk
These minutes have been prepared as Action Minutes in accordance with City Council Resolution 1995-21 and Government Code Sections 36814, 40801, and 54953(c)(2).

This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 20 The following information comprises the minutes for a special meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 6/25/2024

CITY COUNCIL SPECIAL MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Rick Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Serita Young, City Attorney
Laurie Sampson, Assistant City Manager/Acting City Clerk

1. CALL TO ORDER
Mayor Sanchez called the special meeting to order at 4:06 p.m.

1.1 Roll Call
COUNCIL MEMBER PRESENT: ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 

2. PUBLIC COMMENT – Agenda Items
• Inge Schuler
• Cindy Barrington
• Lynnea Hagen
• Harry Sullivan
• Jack Gunderson
• Joan Marie Patsky
• John Hagen
• Michele Walter
• Stuart MacKenzie
• Kathleen Dale

3. WORKSHOP

3.1. Provide City Manager with Direction for Animal Control and Shelter Services 21 Special Meeting Minutes 6/25/2024 Page 2 of 2
Doug Schulze, City Manager, presented the staff report.

4. ADJOURNMENT
The Special City Council meeting adjourned at 5:28 p.m.

Minutes Prepared by:

This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 22 The following information comprises the minutes for a regular meeting of the City Council, a joint meeting of the Banning City Council and Banning Utility Authority and a joint meeting of the Banning City Council and the Banning City Council sitting in its capacity as the Successor Agency Board.

MINUTES 6/25/2024

CITY COUNCIL REGULAR MEETING
COUNCIL MEMBERS PRESENT: Council Member Sheri Flynn
Council Member David Happe
Mayor Pro Tem Minjares
Mayor Alberto Sanchez
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Doug Schulze, City Manager
Laurie Sampson, Assistant City Manager/Acting City Clerk Serita Young, City Attorney
Art Vela, Director of Public Works
Lincoln Bogard, Administrative Services Director
Nate Smith, Deputy Director of Public Works
Ralph Wright, Parks and Recreation Director
Emery Papp, Senior Planner

1. CALL TO ORDER
Mayor Sanchez called the regular meeting to order at 5:46 p.m.

1.1. Invocation – Reverend Preston Norman of Praise Tabernacle Church led the invocation.

1.2. Pledge of Allegiance

1.3. Roll Call

COUNCIL MEMBER PRESENT ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 

2. AGENDA APPROVAL

2.1. Approve Agenda
Motion to approve the agenda.

Motion by Council Member Wallace
23 Regular Meeting Minutes 6/25/2024 Page 2 of 14
Seconded by Council Member Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

3. PRESENTATIONS
None

4. REPORT ON CLOSED SESSION
Serita Young, City Attorney reported that there was discussion and direction provided to staff, with no final nor reportable action.

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, CITY COUNCIL

COMMITTEE REPORTS, CITY MANAGER REPORT, AND CITY ATTORNEY REPORT

5.1. PUBLIC COMMENTS
The following individuals addressed City Council during Public Comment:
• Inge Schuler
• Lynnea Hagen
• Bill Hobbs
• Jack Gunderson
• Frances Rodriguez
• Stuart MacKenzie
• Cindy Barrington

5.2. CORRESPONDENCE
None

5.3. APPOINTMENTS
None

5.4. CITY COUNCIL COMMITTEE REPORTS
Council Member Wallace reported on a California League of Cities (CalCities) Transportation, Communication, and Public Works Committee meeting related to broadband. She also shared about a recent Juneteenth event she attended.

Mayor Pro Tem Minjares reported on a Cannabis Ad Hoc Committee meeting as well as the Animal Services Ad Hoc Committee.

Council Member Flynn reported on a Western Riverside Council of Governments (WRCOG) General Assembly address and meeting she attended at Pechanga Resort Casino.
24 Regular Meeting Minutes 6/25/2024 Page 3 of 14
Council Member Happe reported on a Riverside County Transportation Commission (RCTC) meeting he attended.

Mayor Sanchez reported on a meeting of the Cannabis Ad Hoc Committee.

5.5. CITY MANAGER REPORT
City Manager Schulze reported on the City’s upcoming Fourth of July event. He also updated the City Council on the sale of the 33 S. San Gorgonio Avenue property as well as the status of the Exclusive Negotiating Agreement (ENA) with Investel Development LLC related to the property at 150 E. Ramsey Street.

5.6. CITY ATTORNEY REPORT
City Attorney Young had no report.

5.7. CITY TREASURER REPORT
See below.

6. CONSENT AGENDA

6.1 Approval of the Meeting Minutes for the June 11, 2024 City Council Meetings

6.2 Receive and File Accounts Payable and Payroll Warrants Issued in the Month of May 2024

6.3 Receive and File Cash and Investments Report for the Month of May 2024

6.4 Receipts, Disbursements, & Fund Balances Reporting for Fiscal Year 2023-24, Period 11, May 2024

6.5 Receive and File Police Department Statistics for the Month of May 2024

6.6 Receive and File Fire Protection Services Statistics for the Month of May 2024

6.7 Public Works Capital Improvement Project Tracking List

6.8 Receive and File Code Enforcement Update and Statistics for the Months of April & May 2024

6.9 Receive and File Contracts Approved Under the City Manager’s Signature Authority and Inventory Reports

6.10 City Council Travel and Conference Expense Report Year to Date May 31, 2024

6.11 Consideration of Resolution 2024-95, Consolidated Approval of Software-as-aService Projects Utilized Citywide

6.12 Consideration of Resolution 2024-96, Approving Towing Services Agreements Used for the Police Department and Code Enforcement Services

6.13 Consideration of Resolution 2024-97, Adopting the Local Hazard Mitigation Plan (LHMP) as required by the Federal Disaster Mitigation and Cost Reduction Act of 2000

6.15 Consideration of Resolution 2024-99, Approving Amendment No. 1 to the Services Agreement with Yunex, LLC., in the Amount of $25,000 for FY 2024/2025 Citywide Traffic Signal Maintenance Services

6.16 Consideration of Resolution 2024-100, Awarding a Professional Services Agreement for Supervisory Control and Data Acquisition System Maintenance and Advisory Services to Tetra Tech, Inc. in the amount of $205,000
25 Regular Meeting Minutes 6/25/2024 Page 4 of 14

6.17 Consideration of Resolution 2024-101, Approving the Use of the Public Utility Exceptions for Informal Procurements Under Article 2, Section 3-105, Note 7 of the City's Purchasing Policy No. B-30, for Fiscal Year 2024- 25 for the Purchase of Certain Supplies, Materials and Equipment for the City's Public Utility Departments

6.18 Consideration of Resolution 2024-102, Approving a Cooperative Agreement Between the City of Banning, the City of Beaumont, and the County of Riverside to Share the Cost of a Fire Engine Company

6.19 Consideration of Resolution 2024-103, Awarding a Professional Services Agreement to Engineering Solutions Services, Inc. for Grants Services

6.20 Consideration of Resolution 2024- 104, Amendment No. 4 to a Professional Services Agreement (C00608) with Willdan Engineering, Inc. for Building and Safety Plan Check and Plans Examination Services; Landscape Design Plan Check and Plans Examination Services; and Building Permit and Landscape Installation Inspection Services

6.21 Consideration of Resolution 2024-111, Adopting the Banning Active Transportation Plan (ATP)
Public Comment
None
Motion to adopt consent agenda items 6.1 to 6.10, 6.12 to 6.13, 6.15 to 6.16, and

6.21. Motion by Council Member Wallace
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.11 Consideration of Resolution 2024-95, Consolidated Approval of Software-as-aService Projects Utilized Citywide Lincoln Bogard, Administrative Services Director, answered questions from City Council related to the staff report.

Public Comment
None
Motion to adopt Resolution 2024-95.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
26 Regular Meeting Minutes 6/25/2024 Page 5 of 14

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.14 Consideration of Resolution 2024-98, Adopting Regulations for Candidates for Elective Office Pertaining to the Electorate and the Costs Thereof for the General Municipal Election to be Held in the City on Tuesday, November 5, 2024 Laurie Sampson, Assistant City Manager, answered questions of City Council related to the staff report.

Public Comment
None
Motion to adopt Resolution 2024-98.

Motion by Council Member Wallace
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.17 Consideration of Resolution 2024-101, Approving the Use of the Public Utility Exceptions for Informal Procurements Under Article 2, Section 3-105, Note 7 of the City's Purchasing Policy No. B-30, for Fiscal Year 2024-25 for the Purchase of Certain Supplies, Materials and Equipment for the City's Public Utility Departments Art Vela, Director of Public Works, answered questions from City Council related to the staff report.

Public Comment
• Cindy Barrington
Motion to adopt Resolution 2024-101.

Motion by Council Member Wallace
Seconded by Mayor Pro Tem Minjares
27 Regular Meeting Minutes 6/25/2024 Page 6 of 14

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.18 Consideration of Resolution 2024-102, Approving a Cooperative Agreement Between the City of Banning, the City of Beaumont, and the County of Riverside to Share the Cost of a Fire Engine Company
Doug Schulze, City Manager, answered questions from City Council related to the staff report.

Public Comment
None
Motion to adopt Resolution 2024-102.

Motion by Council Member Happe
Seconded by Council Member Flynn

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.19 Consideration of Resolution 2024-103, Awarding a Professional Services Agreement to Engineering Solutions Services, Inc. for Grants Services Doug Schulze, City Manager, answered questions from City Council related to the staff report.

Public Comment
None
Motion to adopt Resolution 2024-103.

Motion by Mayor Pro Tem Minjares
Seconded by Council Member Flynn
28 Regular Meeting Minutes 6/25/2024 Page 7 of 14

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

6.20 Consideration of Resolution 2024-104, Amendment No. 4 to a Professional Services Agreement (C00608) with Willdan Engineering, Inc. for Building and Safety Plan Check and Plans Examination Services; Landscape Design Plan Check and Plans Examination Services; and Building Permit and Landscape Installation Inspection Services
Emery Papp, Senior Planner, answered questions from City Council related to the staff report.

Public Comment
None
Motion to adopt Resolution 2024-104.

Motion by Mayor Pro Tem Minjares
Seconded by Council Member Wallace

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

7. PUBLIC HEARING(S)

7.1 Public Hearing and Consideration of Resolution 2024-105, Approving a Report in Connection with the Proposed Collection on the 2024/2025 Riverside County Property Tax Roll of Delinquent Solid Waste Service Charges for Single-Family and Multi-Family Dwelling Accounts and Making a Determination of Exemption under CEQA
Art Vela, Director of Public Works, presented the staff report.

Public Comments
• Cindy Barrington
• Harry Sullivan
• Richard Royce
• Frank Connolly
29 Regular Meeting Minutes 6/25/2024 Page 8 of 14
Motion to adopt Resolution 2024-105.

Motion by Mayor Pro Tem Minjares
Seconded by Mayor Sanchez

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-1.

Mayor Sanchez announced a recess at 7:18 p.m. The meeting was reconvened at 7:38 p.m.

5.7. CITY TREASURER REPORT
Treasurer Geronimo reported on the recent Budget and Finance Committee meeting.

He said the Committee would not meet in July or August and the meetings would resume in September.

7.2 Public Hearing and Consideration of Resolution 2024-106, Adopting the City of Banning Electric Utility 2024 Wildfire Mitigation Plan
Brandon Robinson, Electrical Engineering Supervisor, presented the staff report.

Public Comments
• Kevin Walton (not in support or opposition)
Motion to adopt Resolution 2024-106.

Motion by Council Member Wallace
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

7.3 Consideration of Zoning Text Amendment (ZTA 24-0050) and First Reading of Ordinance 1605, Amending Table 17.08.020 of Section 17.08.020 of Article I of Chapter 17.08 of Division II of Title 17 of the City of Banning Municipal Code to Clarify that Affordable Housing Uses are Permitted by Right and are not Subject to Discretionary Action in Specified Zoning Districts as Required by State Law; and Making a Determination of Exemption from the California Environmental Quality Act 30 Regular Meeting Minutes 6/25/2024 Page 9 of 14
Emery Papp, Senior Planner, presented the staff report.

Public Comments
• Richard Royce spoke in opposition.

Motion to introduce and waive further reading of Ordinance 1605.

Motion by Mayor Sanchez
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 3-2.

7.4 Consideration of Resolution 2024-112, Making a Determination Under State CEQA Guidelines Sections 15070 Through 15074 That the Project Is Not Exempt From Review Under CEQA and an Initial Study and Mitigated Negative Declaration (EA 23-1506) for the Project Has Been Prepared in Consideration of a General Plan Amendment (GPA 23-2502), Changing the Existing Land Use Designation of Parcel Number 540-180-022 From General Commercial (GC) to Industrial (I); Zone Change (ZC 23-3502), Amending the Zoning District Classification of Parcel Number 540- 180- 022 From General Commercial (GC) to Industrial (I); Tentative Parcel Map (TPM 38659) to Consolidate Three Parcels Into One; And Design Review (DR 23- 7008), a Proposal to Allow for the New Construction and Operation of a Steel Distribution Facility With a 42,510 Square-foot Warehouse Building of Which 3,434 Square Feet Is Designated for Office Space on 14.92 Gross Acres of Land Located on the North Side of West Lincoln Street Between South 8th Street and South 16th Street (APN Nos. 540-180-020, 540-180-022 and 540-180-026) Emery Papp, Senior Planner, presented the staff report.

Kelly Ribuffo appeared on behalf of the applicant.

Public Comments
• Frank Connolly spoke in support.

Kelly Ribuffo again spoke on behalf of the applicant.

Motion to adopt Resolution 2024-112 with: (1) modification to COA No. 6 as presented by staff, (2) adding a COA requiring box tree sizes along the project frontage subject to approval by City’s landscape consultant, (3) modification to COA No. 126 to require City inspections of BMPs at developer’s cost every 3 years, and (4) adding a COA requiring developer to work with staff to 31 Regular Meeting Minutes 6/25/2024 Page 10 of 14
determine whether undulation can be added to frontage wall along Lincoln every 50’.

Motion by Council Member Wallace
Seconded by Mayor Sanchez

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-1.

8. REPORTS OF OFFICERS

8.1 Consider Pledging $50,000 per Year to Blue Zones Activate Banning Beginning 7/1/2025 for a Period of Three (3) Years
Doug Schulze, City Manager, presented the staff report.

Public Comments
None
Motion to pledge $50,000 per year to Blue Zones Activate Banning beginning 7/1/2025 for a period of three (3) years.

Motion by Council Member Wallace
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

8.2 Consideration of Resolution 2024-107, Naming the former National Guard Armory Building the Arthur 'Art' L. Welch Community Center
Ralph Wright, Parks and Recreation Director, presented the staff report.

Public Comments
• Kevin Walton
Motion to adopt Resolution 2024-107.
32 Regular Meeting Minutes 6/25/2024 Page 11 of 14
Motion by Council Member Wallace
Seconded by Council Member Happe

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 4-1.

8.3 Consideration of Resolution 2024-108, Awarding a Contract for Landscape Operation and Maintenance for Landscape Maintenance District (LMD) No. 1 with Mariposa Landscapes, Inc. of Irwindale, California for Fiscal Year 2024/2025 in the Amount of “not to exceed” $93,211.26 and discuss budget constraints within the LMD No. 1
Nate Smith, Deputy Director of Public Works, presented the staff report.

Public Comments
None
Motion to adopt Resolution 2024-108.

Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

Motion to continue the meeting past 10:00 p.m. for one hour.

Motion by Mayor Pro Tem Minjares
Motion withdrawn.

Motion to continue the meeting past 10:00 p.m. to hear Agenda Item 8.4 only and table Agenda Item 9.1 to the next regular meeting.

Motion by Council Member Flynn
Motion withdrawn.

Motion to continue the meeting past 10:00 p.m. for one hour. 33 Regular Meeting Minutes 6/25/2024 Page 12 of 14
Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

8.4 Consideration of Resolutions 2024-109, 2024-110, 2024-04 SA, and 2024-05 UA, Approving the Citywide Biennial Fiscal Year 2024- 25 and Fiscal Year 2025-26 Budgets
Lincoln Bogard, Administrative Services Director, presented the staff report.

Public Comments
None
Motion to adopt Resolutions 2024-109, 2024-110, 2024-04 SA, and 2024-05 UA.

Motion by Mayor Sanchez
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

9. DISCUSSION ITEM(S)

9.1 Discussion Regarding the Lowering of the Banning Financing Authority’s Outstanding Electric System Revenue Bond Rating and Consideration of an Interim Electric Rate Adjustment
Art Vela, Director of Public Works, presented the staff report.

Public Comments
None

10. ITEMS FOR FUTURE AGENDAS

10.1. New Items

1. Plot Map for Warehouses in the City - Current and Planned Locations (Flynn) 34 Regular Meeting Minutes 6/25/2024 Page 13 of 14

10.2. Pending Items:

1. Grow Banning (Sanchez)

2. Neighborhood Groups/Identities (Minjares)

3. Update on Community Garden (Flynn)

4. Zencity Contract (Flynn)

5. Zoom Options for Public Meetings (Flynn)

6. Update on 150 E Ramsey Street Exclusive Negotiation Agreement (Flynn)

7. Update on 33 S San Gorgonio Ave Purchase and Sale Agreement (Flynn)

8. Developer Presentation on Sunset Crossroads Project (Flynn)

9. City Manager Evaluation (Flynn)

10. Closed Session: Information Given to the Council on Lawsuit against the City (Flynn)

11. All Active Lawsuits against the City (Flynn)

11. ADJOURNMENT
Motion to adjourn.

Motion by Council Member Flynn
Seconded by Mayor Pro Tem Minjares

COUNCIL MEMBER YES NO ABSTAIN RECUSE ABSENT
Flynn, Sheri 
Happe, David 
Minjares, Rick 
Sanchez, Alberto 
Wallace, Colleen 
Motion approved by a vote of 5-0.

The meeting was adjourned at 11:00 p.m.

Minutes Prepared by:

This entire meeting and all associated documents may be viewed here:
https://banningca.granicus.com/ViewPublisher.php?view_id=1 ATTACHMENTS:

Exhibit A – Public Comment Received
Exhibit B – Agenda Item 7.2 – Staff Presentation
Exhibit C – Agenda Item 7.3 - Staff Presentation
Exhibit D – Agenda Item 7.4 – Staff Presentation
35 Regular Meeting Minutes 6/25/2024 Page 14 of 14
Exhibit E – Agenda Item 8.3 – Staff Presentation
36 JUNE 25, 2024

BANNING ANIMAL SHELTER

RECEIVED
.llJN 25 2024
City of Banning
City Clerk's Office
Blast from Joan Marie Patsky, Beaumont, CA - all rights whatsoever strictly reserved.

This is a pleading on behalf of the Banning Animal Shelter, California serving the San Gorgonio Pass (SGPA) area that the shelter remain open to the public after June 30, 2024. The shelter's No-Kill policy of sheltering abandoned and surrendered cats and dogs until the animals are adopted is a massive step forward in both humane animal care for any shelter nationwide as well as raising the national conscience to respect life!
Of course there are exceptions to the policy due to pet health deterioration. Circumstances of irreversible aggressive animal behavior from cruel abuse are addressed by the proper legal authority.

After learning of the shelter closure possibility, I had a lengthy onsite visit and discussion with Amber Schlieder of the shelter's No-Kill, A.R.E. Rescue & Adoption Service - her eyes shine with love for the animals under her care.

Amber's contact info is: www.arerescue.org
Can you imagine what the animals want the public to know? Let's listen in at how the imaginary kennel boss disciplines the pet kennel population. "Hear ye, Hear ye, ears up and listening carefully. We know that our shelter is in a flood zone but there does not appear to be imminent danger of flooding unless we learn the city council has approved construction of a pet ark.

Nevertheless, keep hoping for a generous grant to fund a state of the art safe No-Kill pet shelter to serve the local community.

Remember, we must put our best paws forward and quickly prepare for adoptive pet parents. All cats are hereby ordered to visit a litterbox of their choice - be sure to clean your paws as the shelter volunteers have just cleaned the floors. For you canines - so sorry there are no doggy litter boxes, but you canines have to do the best you can with the supplies generously contributed by the kind people who care for our welfare.

Exhibit A
37 Any constipated felines or canines, please raise your paw - we will try our best to assist you with a leash and collar walking exercise by some kind volunteer high school student who may be registered in an academic credit community volunteer program or some other nice volunteer - maybe from a community rehab program.

Please do not lose faith in people, my friends - some of you canines or felines may witness a pre-election candidate forum where you can woof or meow approval of any political candidate you deem to be fit for office, but be cautioned as some of the candidates may be tall tale story tellers - so watch carefully for candidate noses that grow longer the longer the candidate talks and be especially alert for any judicial candidates - they can exercise judicial power that can uphold or twist the respected laws of the United States Constitution. You cats and dogs with artistic paws - be sure to draw pitchforks or broomsticks on any candidates pretending to love America.

Many veterans and military families made deep sacrifices to preserve a government of the people, by the people and for the people - just look at the Veterans of Foreign Wars calendar respecting significant historical June commemorations - Post-9/11 GI Bill signed into Law (2008); Juneteenth {Federal Holiday approved 2021); Flag Day (1949 Congress); Pledge of Allegiance (Congress 1942); D-Day honoring Normandy Allied superhero bravery- a victory for God and Mankind (1944) and worthy of deep perpetual respect on any American calendar.

It's important to respect the Military, law and order, and preserve America as one nation under God, - we don't want the Creator mad enough to tilt the earth's axis - that would be a terrible waste of dog biscuits, scholarships and bible studies with a bible in one hand and a reputable bible dictionary in the other - we want to keep that Christian convert who repented from crack drug addict to legitimate businessperson here on planet earth - some scoffers scoff the convert as believing in Christian fairy tales - can you believe such ignorance! Not I, and that's my prayer as a Saint Bernard begging people to understand that we want to live in a home of love and kindness." Attend the Banning City Council Special Meeting at City Hall on behalf of the Banning Animal Shelter -Tuesday, June 25, 4pm if you can.

If you can - Adopt with Care! Adopt with Love! Adopt for Life! It's very good to live in a land where you have a choice to pin this political beatitude on Jesus believed to have baptized the message with holy water! www.arerescue.com
38 CITY OF BANNING

ELECTRIC UTILITY

WILDFIRE MITIGATION PLAN
2024 Update
CPUC Fire Threat
Map
• 2016: SB 1028 signed,
requiring POU’s to identify and
mitigate wildfires where OH
lines pose a significant risk
• 2018: Statewide Fire Threat
Map created (pictured)
• Tier 1: Low or No Risk – 95%
• Tier 2: Elevated Risk – 3%
• Tier 3: Extreme Risk – 2%
Exhibit B
39 Requirements of WMP
SB 1028
1) Accounting of Responsibilities
2) Objectives of the Plan
3) Description of preventive strategies and programs adopted 4) Description of metrics to evaluate performance
5) Discussion on application of previous metrics
6) Monitoring, audit, identification of deficiencies, inspections 7) Other info for Wildfire Safety Advisory Board (WSAB) Requirements of WMP
AB 1054
• “Construct , maintain, and operate in a manner to reduce wildfire risk” • Develop means to mitigate impacts and potential damage 40 California Wildfire Safety Advisory
Board (WSAB)
WSAB Role 2020-2024
• Assume an independent advisory (not regulatory) role
• Advise CPUC of safety and mitigation performance
• Assess safety culture of POU
• Objective: Evaluate WMP and provide an advisory opinion for future plan WSAB Role 2025 and beyond
• Collaborative approach to improve POU reporting
• POU and Joint Association (CMUA, SCPPA, etc) participation in workshops BEU WMP Objectives
• Protect public safety while continuing to provide reliable and sustainable power • Reduction of BEU infrastructure risk potential
• Harden system against wildfires
• Coordination with emergency management personnel
• Reduce wildfire impacts on customers
• Communicate how to prevent, prepare and mitigate
• Evaluation and monitoring year-round due to dry conditions 41 Safety Risks – Cause of Outages

1. Equipment deterioration or failure

2. Vegetation

3. Vehicle damage

4. Weather

5. Vandalism

6. Animal contact

7. Mylar balloons
Wildfires caused by BEU power lines: 0
Current Mitigation Efforts
Mitigation efforts completed/started during this plan period:
• Vegetation management (clearing) around 164 utility poles • Completed UG conversion on Westward Ave in East Banning • Completed design for line hardening in two Tier 2 areas • Continued annual inspection in HFTZ
• Began design for Sun Lakes Blvd line hardening
42 Action Plan for Tier 3 Areas
Location Fire Threat Tier Electric Assets Risk Description Targeted Action/s Timeframe Banning Canyon 3 12.47kv OH distribution - 3
miles
Single-circuit overhead line
feeds 8 water distribution
wells needed for fresh
water and fire protection
Joint project with SCE to
harden the line which will
include covered
conductor, avian
protection, fire-retardant
wrap at base of poles, and

12.47kV recloser near base
of the canyon.

Construction schedule is
currently unknown.

Coordination with SCE on
shared cost will be
required. Due to budget
constraints, construction
activity will fall into BEU’s
10-yr Capital Improvement
Plan to be completed
during FY 24/25. Additional
information will be
provided in a future WMP
update.

Mias Canyon 3 BEU provides OH 12.47kv
and 7.2kv through Mias
Canyon to 14 SCE
customers
No disconnect device
(recloser) exists to
disconnect power to SCE
customers in case of fire
emergency.

Operating procedures with
SCE have not been
established. Coordination
prior to construction will be
required.

Install temporary in-line
stick operated
disconnects.

Develop engineering
estimate for line upgrade
and reclosers
Increase monitoring and
limit fuels
Design is currently
complete. Application for
grant funding thru FEMA is
complete and awaiting
decision on award. Grant
funding thru Prepare CA
match has been
approved as of November
2022. Construction to
begin after award of FEMA
grant funds, tentatively
scheduled to begin FY
24/25.

Action Plan for Tier 2 Areas
Location Fire Threat Tier Electric Assets Risk Description Targeted Action/s Timeframe South of the I-10 Freeway
between Sunset Avenue
and South Highland Home
Road
2 BEU provides OH 34.5kV for
sub-transmission voltage to
Midway Substation,

12.47kv and 7.2kv for
supplemental service to a
housing tract and
municipal water facilities
Water wells and pump
stations within this Tier 2
area are directly affected
by loss of power along this
pole line
Joint project with City of
Banning Public Works and
current developer to
harden/underground the
facilities as part of the new
Sun Lakes Blvd extension
between Sunset Avenue
and Highland Home Road
Development agreement
is being pursued thru the
City for funding of this
project. This project will be
incorporated within BEU
upcoming 10-year Capital
Improvement Program.

East Banning, North of I-10
Freeway
2 BEU provides OH 12.47kv
and 7.2kv along the
boundary of North
Hathaway Street
Service to large industrial
facilities is affected by loss
of power along this pole
line.

Joint project with an
aggregate processing
industrial user to harden a
pole line due to a required
relocation and joint
projects with several large
warehouse developments
to and underground
facilities along Hathaway
Steet, Nicolet Street and
Wilson Street.

Design for the pole
hardening project is
currently complete.

Coordination with the
industrial user has
commenced and is
scheduled to be
completed during FY
24/25. Undergrounding of
overhead utilities will be
coordinated in phases with
the large industrial
developers. The effort is
expected to last several
years and is tentatively
scheduled to begin FY
25/26.
43 Public Safety Power Shutoff (PSPS)
Justifications for de-energization
• CAL Fire or request by safety officers
• De-energization due to an imminent fire threat
Typical Weather-related Red Flag Warnings
• Wind gusts exceeding 25 mph: public advisory
• Wind gusts exceeding 50 mph: potential PSPS event
Future Updates
• Grid hardening and other engineering practices
• Update vegetation management program
• Weather monitoring
• PSPS protocols
• Collaboration on a simplified template
44 Action and Next Steps
• Approve 2024 WMP and submit to WSAB
• Coordinate with safety personnel on best practices
• Apply for new grants
• Evaluate of de-energization and reclosing policy in Tier 3 areas • Improve performance metrics
Thank You
Contact Information
Brandon Robinson
[email protected]
45 CITY COUNCIL
PUBLIC HEARING ITEM NO. 7.3
JUNE 25, 2024
A Zoning Text Amendment (ZTA 24-0050) Amending Table 17.08.020 of Section

17.08.020 of Article I of Chapter 17.08 of Division II of Title 17 of the City of Banning Municipal Code to Clarify that Affordable Housing Uses are Permitted by Right and Are Not Subject to Discretionary Action in Specified Zoning Districts as Required by State Law; and Making a Determination of Exemption from the California Environmental Quality Act.

BACKGROUND:

The City Council readopted the revised 6th Cycle Housing Element on January 9, 2024.

The Housing Element was transmitted to HCD for Certification review on February 1, 2024.

On March 14, 2024, Ordinance 1600 was transmitted to HCD prior to the conclusion of Certification Review.

On March 29, 2024, HCD sent a letter to City staff indicating that the Housing Element complied with State Housing Element Law, but Ordinance 1600 did not fully comply with housing law.

Specifically, HCD took exception to footnote number 7, in Table 17.08.020 of Ordinance 1600.

Staff worked directly with HCD staff to craft language that can be endorsed by HCD to garner Certification.

The Planning Commission recommended approval of the ZTA when it adopted PC Reso 2024-11 on May 29, 2024.

Exhibit C
46 Justification:

The Housing Element is one of the seven State-mandated elements of the General Plan and must be updated every 8 years, unless otherwise mandated by California Government Code Section 65581. The purpose of the Housing Element is to develop comprehensive strategies for providing safe, decent, and affordable housing within the community across all income levels.

The 6th Cycle Housing Element Update was readopted by the City Council on January 9, 2024, but was not certified by HCD. To be considered for Certification, the proposed Zoning Text Amendments contained in Draft Ordinance 16xx are integral to implementing state housing law and to achieve Certification.

Until the 6th Cycle Housing Element is Certified by HCD, the City is not eligible to compete for federal, state, or local grant money. If deemed by HCD to have a noncompliant Housing Element, the City can lose the ability to receive Community Development Block Grants and other other negative incentives/sanctions can be imposed on the City.

Proposed Zoning Text Amendments:

1. Amended Table 17.08.020, relocating “Affordable Housing” to below “Multi-Family Residential Dwelling” 47 Proposed Zoning Text Amendments(Cont.):

2. Amended footnote number 7 for Table 17.08.020, rewording, adding key phrase “or discretionary action,” and adding in the density range for the Very High Density Residential zoning district at the request of HCD, to read as follows:

Public Communication
Public Notice was Published in the
Record Gazette on May 17, 2024 for
the May 29, 2024 Planning Commission
Meeting; and again on June 11, 2024
for this public hearing.

No comments were received opposed
to or for the project.
48 Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the Project is exempt from the California Environmental Quality Act (CEQA) subject to Section 15061(b)(3), because it can be seen with certainty there is no possibility these amendments may have a significant effect on the environment. Subject to Section 15061(b)(3) (Review For Exemptions) of the CEQA Guidelines, no further analysis is required and a Notice of Exemption has been prepared for the Project.

Recommendation
Make a Determination of Exemption from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines; and
Adopt Ordinance 1605, Amending Title 17 (Zoning) of the Banning Municipal Code, amending Chapter 17.08 (Residential Districts) of Division II (Land Use Districts) of Title 17 (Zoning) of the BMC to implement State mandated legislation regarding affordable housing opportunities related to multi-family, high-and very high density residential development. 49 Thank you!
Staff is Available for Questions
Contact Information
Emery J. Papp
Senior Planner
[email protected]
50 CITY COUNCIL
PUBLIC HEARING ITEM NO. 7.4
JUNE 25, 2024
CONSIDERATION of Resolution 2024-112, Making a determination under state CEQA Guidelines Sections 15070 through 15074 that the Project is not exempt from review under CEQA and an initial study and Mitigated Negative Declaration (EA 23-1506) for the project has been prepared in consideration of a General Plan Amendment (GPA 23-2502), changing the existing Land Use designation of parcel number 540-180-022 from General Commercial (GC) to Industrial (I); Zone Change (ZC 23-3502), amending the zoning district classification of parcel number 540- 180-022 from General Commercial (GC) to Industrial (I); Tentative Parcel Map (TPM 38659) to consolidate three parcels into one; and Design Review (DR 23-7008), a proposal to allow for the new construction and operation of a steel distribution facility with a 42,510 square-foot warehouse building of which 3,434 square feet is designated for office space on 14.92 gross acres of land located on the north side of West Lincoln Street between South 8th Street and South 16th Street (APN Nos. 540-180-020, 540-180-022 and 540-180-026).

Background
Brown Strauss is a structural steel distributor with 10 locations in the Western United States. This project will be a move from an existing facility in Fontana, CA to Banning, and will require the approval of the following:

EA 23-1506 – Mitigated Negative Declaration
GPA 23-2502 – Change Land Use on one Parcel from GC to I ZC 23-3502 - Change Zoning Designation on one parcel from GC to I TPM 38659 – To consolidate three parcels into one parcel DR 23-7008 – To construct and operate a new industrial building Parking Reduction
Exhibit D
51 52
53 Proposed General Plan/Zoning Classifications
SURROUNDING LAND USE:

Existing Land Use Zoning Classification GP Designation
Subject Site Vacant General Commercial
/Industrial
General Commercial
/Industrial
North UP/I-10 Right-of-Way Public Facilities –
Railroad/Interstate
Public Facilities –
Railroad/Interstate
South Vacant Land and
Unoccupied/
Nonconforming
Residential
Business Park Business Park
East Existing Industrial
Buildings
Industrial Industrial
West Vacant Commercial General Commercial General Commercial 54 Site Photos:

PROJECT DESCRIPTION:

14.92-acre Project site 42,510 square-foot industrial warehouse building 3,434 square-foot office building
Two 500 square-foot enclosed saw sheds
4 new 35-foot wide paved driveways
53 parking spaces required, 34 provided (Parking adjustment requested) Architecture and Landscaping
o All sides of the building are designed with articulated architecture o The proposed building height is approximately 36’ 4”, 50 feet is permitted in the zone o 64,504 square feet of landscaping is proposed along the frontage, the east and the west property lines. No landscaping is proposed on the north end of the properties. 55 SITE PLAN:

TPM 38659
56 FLOOR PLAN:

OFFICE FLOOR PLAN:
57 ELEVATIONS:

SCREENING WALL ELEVATIONS:
58 RENDERINGS:

CONCEPTUAL GRADING PLAN:
59 CONCEPTUAL LANDSCAPING:

CONCEPTUAL PHOTOMETRIC PLAN:
60 PARKING AND ACCESS
53 parking spaces required, 34 provided. Applicant requested adjustment 4 new City-standard driveway entrances from Lincoln Street 8-foot high block screening walls for storage areas, 8-foot high tubular steel security fence
24-foot wide Fire Lane for emergency vehicle access and response AMENDED CONDITION of APPROVAL:

At the Planning Commission hearing held May 29, 2024, the Applicant requested a modification of COA No. 6. The Planning Commission granted the amended Condition, but the amendment is not reflected in the COA provided as an attachment to the staff report. As a result, staff recommends the City Council amend COA No. 6 to read as follows:
“6. Prior to any issuance of a certificate of occupancy/use of the Project site building, or business activity being commenced thereon therein, the applicant shall complete these conditions of approval to the satisfaction of the Community Development Director. Prior to occupancy, the Applicant may use areas identified on the Site Plan for outdoor storage of non-combustible material (e.g. steel) subject to completion of all screening walls and subject to issuance of a Temporary Use Permit.” 61 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION:

Planning Division staff has determined that this Project is not exempt from the requirements of the California Environmental Quality Act (“CEQA”) and an Initial Study/Mitigated Negative was prepared for the Project. The IS requires an evaluation of 21 Categories of potential impacts to the environment. The results of this IS determined that without Mitigation Measures, 4 of these generalized categories could be impacted resulting from the construction and long-term operation of this project. These generalized categories include:
• Biological Resources (also included as COA 7 and 8)
• Cultural Resources (also included as COA 9 and 10)
• Geology and Soils (also included as COA 11 and 12)
• Tribal Cultural Resources (also included as COA 13 and 14) INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (Cont.):

The Mitigation Measures proposed in these categories are intended to reduce the potential for impacts caused or created by the Project to be “Less Than Significant” with mitigation. A Mitigation Monitoring and Reporting Program (MMRP) is included with the IS/MND, and identifies measurable mitigations and the parties responsible for ensuring that each mitigation measure is properly and completely implemented.

The project, with mitigation is not expected to create any impacts to the surrounding built environment.
62 ENVIRONMENTAL DETERMINATION:

Public Communication:

Planning Commission: The proposed Project was advertised for a 30-Day public review and comment period in the Record Gazette newspaper, from April 26, 2024, through May 27, 2024, and notices were mailed to the owners of parcels within a 300-foot radius from the Project site.

City Council: The proposed Project was advertised for a 10-Day public review and comment period in the Record Gazette
newspaper, on June 14, 2024, and notices were mailed to the owners of parcels within a 300-foot radius from the Project site.

As of the date of this report, staff has received one written comment. A response to this comment letter has been
provided to the City Council for consideration.
63 RECOMMENDED ACTION:

Staff recommends the City Council adopt Resolution 2024-112, with amendment to COA No. 6, Adopt Mitigated Negative Declaration (EA 23-1506) pursuant to the requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines; and approving GPA 23-2502, ZC 23-3502, TPM 38659, DR 23-7008 and a Parking Reduction to allow for the new construction and operation of a 42,510 square-foot steel distribution facility on 14.92 gross acres of land located on the north side of West Lincoln Street between South 8th Street and South 16th Street (APN Nos. 540-180-020, 540-180-022 and 540-180-026.

Thank you!
Staff is Available for Questions
Contact Information:

Emery J. Papp
Senior Planner
(951) 922-3152
[email protected]
64 CITY OF BANNING

LANDSCAPE MAINTENANCE
DISTRICT NO. 1
Award of Contract and Budget Updates
Regulatory Environment • LMD is a Special District (Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California)
• Benefits are pre-defined regions/homeowners/neighborhoods, not City as a whole,
• This District, by special benefit assessments, provides funding for the servicing and maintenance of certain landscaped areas within the City of Banning, many of which are located in public right-of-ways in the City of Banning • Subject to Prop 218
• Statutory requirements to maintain Water Quality Devices (MS4 Permit No.

R7-2013-0011)
Exhibit E
65 Landscape Maintenance District
Number 1 • Currently has 11 distinct zones
• Initially created in 1990, with Tract 22913 annexed in 1992, within Zones 1-5, with a base fee and NO annual inflation adjustment
• Expanded to 11 zones in later years with base fee AND annual inflation adjustment up to 5% per year for zones 6-11
• Some zones contain fund surpluses, while others run a structural deficit.

New Landscape Contractor, higher
costs • RFP 24-061 for Operation and Maintenance Services was released on April 5, 2024 with 2 proposals received.
• Lowest responsible bidder, Mariposa Landscapes, Inc. was more than 2.5X the cost of the previous contractor for FY 23/24, amounting to $115,142.88/year. • PW staff met with Mariposa to reduce the Scope of Work and Services within Zones: 1, 4, 5, and 9 to meet the current budget. The revised annual contract cost is: $78,211.26/year. • A significant reduction in mowing, shrub, ground cover and plant maintenance, trash pickup and irrigation repairs must occur in Zones 1, including Richard Sanchez Park, 4, 5, and 9 to meet the negotiated Mariposa landscape costs. 66 LMD No. 1 Map (11 Zones)
Zone 1 Zone 1 includes the following
areas:
• Richard Sanchez Park and
trail
• Stormwater Basin
• Mountain Ave Roadway
Frontages
• Wilson Street Roadway
Frontages
LMD No. 1 – Zone 1
67 Financial Analysis
• No CPI Escalator in Zone 1
• Zone is in a large structural deficit,
anticipated to have a negative
fund balance in FY 25/26
• No projects proposed in this zone
to minimize expenses
• Retention Basins require regular
maintenance to remain effective at
mitigating runoff for Stormwater
Ordinance requirements.

LMD No. 1 – Zone 1
Zone 4 includes the following
areas:
• Wilson Street Roadway
Frontages
• Alder Court Roadway
Frontages
LMD No. 1 – Zone 4
68 Financial Analysis
• No CPI Escalator in Zone 4
• Zone is in a small structural
deficit
• No projects proposed in this
zone to minimize expenses
LMD No. 1 – Zone 4
Zone 5 includes the following
areas:
• Wilson Street Roadway
Frontages
• Sunrise Avenue Roadway
Frontages
• Stargaze Way Roadway
Frontages
• Moonbeam Drive Roadway
Frontages
LMD No. 1 – Zone 5
69 Financial Analysis
• No CPI Escalator in Zone 5
• Zone is in a structural deficit,
anticipated to have negative fund
balance in FY 26/27
• No projects proposed in this zone
to minimize expenses.

LMD No. 1 – Zone 5
Zone 9 includes the following
areas:
• Hargrave Street Roadway
Frontages
• Victory Avenue Roadway
Frontages
• Charles Street Roadway
Frontages
LMD No. 1 – Zone 9
70 Financial Analysis
• Re-occuring vandalism of
horse vinyl fence
• CPI Escalator in Zone 9
• Zone is in a structural deficit
LMD No. 1 – Zone 9
Previous Graph of Revenues/Deficits
LMD No. 1
$53,376.15
$26,230.07
$4,822.10
$4,687.76
$13,411.88
$6,622.21
$7,824.13
$9,225.28
$6,991.04
$16,499.74
$5,337.75
$34,739.10
$30,820.32
$2,379.51
$4,305.78
$9,594.27
$18,193.70
$11,176.13
$9,096.85
$8,577.03
$22,612.17
$7,675.05
($18,637.05)
$4,590.25
($2,442.59)
($381.98)
($3,817.61)
$11,571.49
$3,352.00
($128.43)
$1,585.99
$6,112.43
$2,337.30
ZONE 1 ZONE 2 ZONE 3 ZONE 4 ZONE 5 ZONE 6 ZONE 7 ZONE 8 ZONE 9 ZONE 10 ZONE 11 FY 24/25 LMD ZONE FUNDS
24/25 Total Cost 24/25 Total Revenue 24/25 Rev - Exp
71 Revised Graph of Revenues/Deficits
LMD No. 1
($60,000.00)
($40,000.00)
($20,000.00)
$0.00
$20,000.00
$40,000.00
$60,000.00
$80,000.00
1 2 3 4 5 6 7 8 9 10 11
FY 24/25 LMD ZONE FUNDS
24/25 Total Cost 24/25 Total Revenue 24/25 Rev - Exp
Potential Remedies
• Reduction of Services
• What are mandatory vs. prudent
• Prop 218 Increases
• Last effort in December of 2020 was rejected by majority protest, not implemented • De-annexation of Richard Sanchez Park and/or other Zones • General Fund Transfers
• May be considered ‘Gift of Public Funds’ and not permitted 72 Service Reductions
• Reductions were already in place in many zones, leading to landscape care not meeting community expectations.
• Additional reductions were put in place with this contract in zones that are in deficit.
• Stormwater basins are regulatory obligation to maintain, and can only be reduced to a certain point (Zone 1)
• Reverse frontages behind block walls are difficult to have the adjacent private homeowner maintain (Zones 4, 5, 9)
• Remaining reductions would be to essentially stop maintenance on certain sections.

Service Reductions
• Reductions in scope can be seen in Attachment 5 (Original Request) and Attachment 6 (Revised Scope)
• Reduce staff and administrative costs to oversee and manage the LMD zones and contract.
• Reduce water and electric usage to lower utility costs. 73 Prop 218 Vote Held on December 8,
2020
De-annexation
• The same process used to annex a property into the LMD would need to be followed.
• Each property owner within the Zone would need to be mailed a Ballot to vote on the De-annexation.
• A Public Hearing would be held, Ballots tallied, and a majority of Ballots received voting “YES” would be required.
• A HOA for the Zone would need to be formed to maintain the areas and an Agreement with the City would be required and executed. Additionally, an Encroachment Permit is needed for the HOA to access and maintain public property for maintenance.
• If a zone, or part of a zone is de-annexed, it may incur additional General Fund expense to maintain.
74 Recommendation
• Approve Resolution 2024-108 with Mariposa Landscapes for annual maintenance of Landscape Maintenance District No. 1.
• Provide direction to staff on preferred actions to address structural deficits in several zones, and the exhausted reserve accounts in Zone 1 in the next fiscal year.

Questions?
Contact Information
Nate Smith, P.E.

Deputy Director of Public of Works/City Engineer
[email protected]
75 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Emery Papp, Senior Planner
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-113, a Resolution of the City Council of the City of Banning, California, Setting Aside and Vacating its Previous Approval of Tentative Parcel Map No. 38164, Approval of Design Review 21-7008 and Denial of the Appeal of the Planning Commission’s Approval of Design Review 21-7008, and Adoption of an Addendum, All in Connection with the Banning Point Project, Doing so in Compliance with the Peremptory Writ of Mandate that Requires the City Council to Set Aside and Vacate those Decisions, and Rescinding City Council Resolution 2022-14
RECOMMENDATION:

Adopt Resolution 2024-113.

BACKGROUND:

The City Council adopted Resolution 2022-14 on February 17, 2022, which (1) approved Tentative Parcel Map No. 38164, allowing the subdivision of approximately 47 gross acres of vacant land into three parcels; (2) affirmed the Planning Commission’s approval of Design Review 21-7008 and denied an appeal of that decision and permitted the construction of a proposed industrial warehouse building of 619,959 square feet (the “Banning Point Project”), including 10,000 square feet of office space, and six retail/commercial buildings totaling 34,000 square feet, on real property located within the boundaries of the Sun Lakes Village North Specific Plan area (APN: 419-140-057); and (3) adopted an addendum under the California Environmental Quality Act (“CEQA”) and made findings in support thereof, including finding of consistency with the certified Environmental Impact Report prepared for Amendment No. 5 to the Sun Lakes Village North Specific Plan (SCH # 2020029074).

On April 18, 2022, a lawsuit (Petition for Writ of Mandate and Complaint for Injunctive Relief) (“Writ Petition”) entitled Pass Action Group v. City of Banning, et al. (Riverside County Superior Court Case No.

CVRI2201482) was filed, challenging the City Council’s approval of the Banning Point Project by adoption of Resolution 2022-14 and generally asserting the following four claims:

1. The City violated Pass Action Group’s right to a fair hearing because of bias on the part of former Councilmember Hamlin and Councilmembers Sanchez and Wallace;

2. The City violated CEQA by failing to consider whether the Project’s cumulative environmental impacts necessitated further environmental review;

3. The City’s findings in support of the project’s approval were contrary to law and unsupported by substantial evidence; and

4. The Banning Point Project conflicts with the City’s General Plan. 76 On March 15, 2024, the Court issued a Ruling Peremptory Writ of Mandate (“Writ”) granting the Writ Petition, in part, only due to Councilmember Hamlin’s bias, and denying the Writ Petition on all other grounds summarized in bullet points 1-4 above.

On April 3, 2024, the Court entered Judgment ordering, in relevant part, that a Writ shall issue (1) ordering the City to set aside and vacate all approvals of the Banning Point Project in which Councilmember Hamlin participated, including Resolution 2022-14, Tentative Parcel Map No. 38164, Design Review 21-7008, and the Addendum and related CEQA findings for the Banning Point Project within 90 days, and (2) instructing the City that any future hearing reconsidering approval of the Banning Point Project must be conducted without the participation of former Councilmember Hamlin. The Writ issued and was served on the City on May 7, 2024.

The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (“CEQA”) and has determined that a resolution adopted to comply with a court order is not a “project” as defined under Section 15378 of the State CEQA Guidelines. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA and no environmental review is necessary.

JUSTIFICATION:

Resolution 2024-113 demonstrates the City’s compliance with the Writ by formally setting aside and vacating the City Council’s previous approval of Tentative Tract Map No. 38164, approval of Design Review 21-7008 and denial of the appeal of the Planning Commission’s approval of Design Review 21- 7008, and adoption of an addendum, all in connection with the Banning Point Project, and rescinding City Council Resolution 2022-14, as directed by the Court.

FISCAL IMPACT:

There is no fiscal impact related to the City Council’s adoption of Resolution 2024-113.

ALTERNATIVES:

1. Adopt Resolution 2024-113.

2. Do not adopt Resolution 2024-113 and do not comply with the Judgment and Writ.

ATTACHMENTS:

1. Resolution 2024-113
77 Resolution 2024-113

Page 1 of 3 ends

RESOLUTION 2024-113

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

SETTING ASIDE AND VACATING ITS PREVIOUS APPROVAL OF TENTATIVE PARCEL MAP NO. 38164, APPROVAL OF DESIGN REVIEW 21-7008 AND DENIAL OF THE APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF DESIGN REVIEW 21-7008, AND

ADOPTION OF AN ADDENDUM, ALL IN CONNECTION WITH THE BANNING POINT

PROJECT, DOING SO IN COMPLIANCE WITH THE PEREMPTORY WRIT OF MANDATE

THAT REQUIRES THE CITY COUNCIL TO SET ASIDE AND VACATE THOSE DECISIONS, AND RESCINDING CITY COUNCIL RESOLUTION 2022-14
WHEREAS, the City Council adopted Resolution 2022-14, which (1) approved Tentative Parcel Map No. 38164, allowing the subdivision of approximately 47 gross acres of vacant land into three parcels; (2) affirmed the Planning Commission’s approval of Design Review 21-7008 and denied an appeal of that decision and permitted the construction of a proposed industrial warehouse building of 619,959 square feet (the “Banning Point Project”), including 10,000 square feet of office space, and six retail/commercial buildings totaling 34,000 square feet, on real property located within the boundaries of the Sun Lakes Village North Specific Plan Amendment No. 5 (APN: 419-140-057); and (3) adopted an addendum under the California Environmental Quality Act (CEQA) and made findings in support thereof, including finding of consistency with the certified Environmental Impact Report prepared for Amendment No. 5 to the Sun Lakes Village North Specific Plan (SCH # 2020029074); and
WHEREAS, on April 18, 2022, a lawsuit (Petition for Writ of Mandate and Complaint for Injunctive Relief) (“Writ Petition”) entitled Pass Action Group v. City of Banning, et al. (Riverside County Superior Court Case No. CVRI2201482) was filed, challenging the City Council’s approval of the Banning Point Project by adoption of Resolution 2022-14 and generally asserting the following four claims: (1) the City violated Pass Action Group’s right to a fair hearing because of bias on the part of former Councilmember Hamlin and Councilmembers Sanchez and Wallace; (2) the City violated CEQA by failing to consider whether the Project’s cumulative environmental impacts necessitated further environmental review; (3) the City’s findings in support of the project’s approval were contrary to law and unsupported by substantial evidence; and (4) the Banning Point Project conflicts with the City’s General Plan; and WHEREAS, on March 15, 2024, the Court issued a Ruling granting the Writ Petition, in part, only due to Councilmember Hamlin’s bias, and denying the Writ Petition on all other grounds; and
WHEREAS, on April 3, 2024, the Court entered Judgment ordering, in relevant part, that a Writ shall issue (1) ordering the City to set aside and vacate all approvals of the Banning Point Project in which Councilmember Hamlin participated, including Resolution 2022-14, Tentative Parcel Map No. 38164, Design Review 21-7008, and the Addendum and related CEQA findings for the Banning Point Project within 90 days, and (2) instructing the City that any future hearing reconsidering approval of the Banning Point Project must be conducted without the participation of former Councilmember Hamlin; and
WHEREAS, the Writ issued and was served on the City on May 7, 2024; and WHEREAS, it is the purpose of this Resolution to demonstrate the City’s compliance with the Writ by formally setting aside and vacating the approvals of the Banning Point Project as 78 Resolution 2024-113

Page 2 of 3 ends

directed by the Court in Paragraph 2.a. of the Judgment and Paragraph 1 of the Writ by rescinding Resolution No. 2022-14.

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

SECTION 1. The City Council hereby sets aside and vacates its previous approval of Tentative Parcel Map 38164, approval of Design Review 21-7008 and denial of the appeal of the Planning Commission’s approval of Design Review 21-7008, and adoption of an addendum, all in connection with the Banning Point Project, and rescinds City Council Resolution 2022-14.

SECTION 2. The City Council directs the City Attorney to file with the Court a Return to Writ which shall include a copy of this Resolution.

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.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
79 Resolution 2024-113

Page 3 of 3 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-113, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of July 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
80 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-115, Awarding a Citywide Professional Services Agreement for As Needed Public Relations and Community Outreach Consulting Services in the amount of $295,000 for Three (3) Year Agreement with DeGrave Communications Inc.

RECOMMENDATION:

Adopt Resolution 2024-115.

BACKGROUND:

On March 29, 2024, through OpenGov bid platform and advertisement in the local newspaper, City staff released a solicitation for proposals from qualified firms for public relations and community outreach consulting services. The opportunity identified that the City is working to establish a contract with a professional consulting firm(s) that would be responsible for assisting the City with achieving public outreach goals, as well as, have experience and proven successes with projects such as creating unique brand identities, memorable messaging, communication through multimedia formats, crisis communications and Proposition 218 informational campaigns.

The Request for Proposals (RFP) identified that qualified firms would provide, but not be limited to, the following:
• General Written Outreach Material for Public Release
• Strategic and Tactical Messaging and Branding
• Graphic Design and Layout Services
• Design Color Theory and Typography
• Support, Coordination, Promotion & Presentations for Meetings, Workshops, Hotline, etc. • Emergency Event Support
• Social Media Post & Marketing Including Short Videos
• Conduct Keyword Research and Employ Search Engine Optimization (SEO) Best Practices • Analyze Web Traffic
• Digital Marketing
• Surveys
• Project Websites
• Advertising & Marketing
• Graphic Design/Infographics/Logos
• Digital Reformatting of Files (Image Retouching/Adjustment of Photos & Videos) • Stock Footage or Custom Photography
• Video Shooting
81 • Videography
• Animated Videos
• Other services as needed and to be determined.

The opportunity closed on May 10, 2024 and in response to these efforts a total of 7 proposals were received and validated by Purchasing staff. Subsequently, a committee of three (3) members was assembled to evaluate the proposals based on qualifications, pricing, experience, professional references, approach and methodology. As a result, staff recommends the award of a Professional Services Agreement for Public Relations and Community Outreach Consulting Services to DeGrave Communications, Inc. for a five (5) year period beginning Fiscal Year 2024/2025 through Fiscal Year 2026/2027 with the option to renew two (2) additional years.

JUSTIFICATION:

The City does not have the required staff needed to address all public relations and community outreach needs; therefore, it is necessary to retain a firm that provides these services. Following the City's purchasing policy, DeGrave Communications, Inc., is the firm identified as the highest ranked and most qualified firm to provide Citywide services.

FISCAL IMPACT:

There is no fiscal impact related to this resolution. The funding of this professional service agreement will be determined on a case-by-case bases at the time service needs are identified.

ALTERNATIVES:

Do not approve Resolution 2024-115 and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-115, PR On Call Vendor.docx

2. C01050 PSA DeGrave - On-Call Public Relations.pdf
82 Resolution 2024-115

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RESOLUTION 2024-115

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR AS NEEDED PUBLIC

RELATIONS AND COMMUNITY OUTREACH CONSULTING SERIVCES IN THE NOT TO EXCEED AMOUNT OF $295,000 TO DEGRAVE COMMUNICATIONS INC.

WHEREAS, a Request for Proposals (RFP) was released through OpenGov on March 29, 2024, as well as, published in the local newspaper; and WHEREAS, the opportunity identified that the City is working to establish a pre-qualified vendor list of professional consulting firms that would be responsible for assisting the City with achieving public outreach goals, as well as, have experience and proven successes with projects such as creating unique brand identities, memorable messaging, communication through multimedia formats, crisis communications and Proposition 218 informational campaigns; and WHEREAS, the RFP closed May 10, 2024 with 7 proposals received; and WHEREAS, proposals were evaluated by a committee based on qualifications, pricing, experience, professional references, approach and methodology resulting in an award recommendation to Degrave Communications Inc., for a three (3) year period beginning Fiscal Year 2024/2025 through Fiscal Year 2026/2027 in the not to exceed amount of $295,000.00 with the option to renew two (2) additional years.

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

SECTION 1. The City Council adopts Resolution 2024-XX awarding a citywide Professional Services Agreement with DeGrave Communications Inc. for as needed public relations and community outreach consulting services for a three (3) year period beginning Fiscal Year 2024/2025 through Fiscal Year 2026/2027 in the not to exceed amount of $295,000.00 with the option to renew two (2) additional years.

SECTION 2. The Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. City Council authorizes the City Manager to make necessary non-substantive changes and to the Professional Services Agreement.

SECTION 4. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 9h day of July 2024.

Alberto Sanchez, Mayor
City of Banning
83 Resolution 2024-115

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ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
84 Resolution 2024-115

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CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-115, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of July 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
85 Resolution 2024-115

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EXHIBIT A
Citywide Professional Services Agreement For As Needed Public Relations And Community Outreach Consulting Services
86 -1-
AGREEMENT FOR PROFESSIONAL SERVICES (C01050) FOR ONCALL PUBLIC RELATION SERVICES BY AND BETWEEN CITY OF BANNING AND DEGRAVE COMMUNICATIONS INC.

THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and DEGRAVE COMMUNICATIONS INC., 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 a request for a proposal (RFP 24-065) for the performance for the On-Call Public Relation Services and as further defined and described particularly in Article 1 of this Agreement.

B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.

C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.

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, 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” hereunder. As a material inducement to 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 professional manner, and is experienced in performing the 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 Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 87 -2-
standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.

1.3 Compliance with Law.

Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Services.

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 and any 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 existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).

1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 88 -3-
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 Services 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 to perform the Services 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 services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section

2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance 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 City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are 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 Consultant shall 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 desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to 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 a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.

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. 89 -4-

1.11 Corrections.

In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,

5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.

1.12 Party Representatives.

A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“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 City required hereunder to carry out the terms of this Agreement.

B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:

Name Title
Liselle DeGrave Principal in Charge
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative 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 Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 90 -5-
Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, 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, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

A. Consultant is an independent contractor and not an employee of City.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

1.14 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for 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 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 91 -6-
Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Two Hundred Ninety-Five Thousand Dollars ($295,000.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services 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 those meetings.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon 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.

City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses 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-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.

2.4 Unauthorized Services and Expenses.

City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 92 -7-
Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. 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, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. 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 City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.

2.6 Waiver.

Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in 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.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or 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 City, if 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, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 93 -8-
be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

The Term of this Agreement shall be from the Effective Date through June 30, 2027 with an option to renew for two one-year terms, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.

C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.

D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 94 -9-
edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

4.4 Primary and Non-Contributing.

The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

4.5 Consultant’s Waiver of Subrogation.

The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

4.6 Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.

4.7 Cancellations or Modifications to Coverage.

Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

4.8 City Remedy for Noncompliance.

If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 95 -10-

4.9 Evidence of Insurance.

Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.

Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

4.10 Indemnity Requirements not Limiting.

Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.

4.11 Sub-contractor Insurance Requirements.

Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
96 -11-
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Consultant shall keep, and require sub-contractors 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 “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 97 -12-
to evaluate the performance of such Services. Any and all such Service Records 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 Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 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 City is greatly concerned about the cost of 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 Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors 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. 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 Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 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 98 -13-
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-contractors, 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 Services 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-contractor 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 attorneys’ 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-contractors 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 Services performed thereunder. 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 the response.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to 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.

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 99 -14-
In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and 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 City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.

6.3 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 is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) 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, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, 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, as provided in Section 4.9, above. 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 Consultant to insure, indemnify, and protect City as elsewhere provided herein.

6.4 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 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.

6.5 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 100
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 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.

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. 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 Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, 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 City, the period of notice may be a shorter time as 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 Consultant has initiated termination, 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 6.3. In the event Consultant has initiated termination, 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 6.2.

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under 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 attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ 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. 101
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.

7.2 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-contractor 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 City shall have any direct or indirect financial interest 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. 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.

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

7.3 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 102
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 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 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 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:

If to City Attn: Anthony Riley
City’s Public Information Officer
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Liselle DeGrave
Principal in Charge
DeGrave Communications Inc.
40575 Cal Oaks Road D2-137
Murrieta, CA 92562
Email: [email protected]
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8.2 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.

8.3 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.

8.4 Integration; Amendment.

This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other 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 Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.5 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.

8.6 Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 104
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8.7 No Third Party Beneficiaries Intended.

This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

8.8 Final Payment Acceptance Constitutes Release.

The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.

8.9 Non-Appropriation of Funds.

Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

8.10 Headings.

The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

8.11 Word Usage.

Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.

8.13 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 105
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this Agreement on behalf of that 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 that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
106
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: _____________
Serita R. Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
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Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing OnCall Public Relation Services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
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3 On Call Professional Services for Public Relations and Community Outreach Consulting Services · City of Banning · Proposal by DeGrave Communications Statement of Understanding and Approach
DeGrave Communications Understands You, City of Banning.

Our proven methodology:

Collaboration Strategy Results
City of Banning is looking for qualified firms to help tell its story through providing and implementing innovative, effective, well-planned and meaningful media and public relations services for the City’s public outreach projects.

Having seen significant growth and development over the past 5 years, the City is ready to partner to with a local PR firm to serve as an extension of the internal team. The selected firm will be utilized to enhance the City’s image, build relationships with the City and effectively communicate key messages to target audiences.

As such, it’s crucial for the City to tell its story through engaging, dynamic communications with key audiences. The City, therefore, has an opportunity to proactively position itself in the as a visionary leader that cares about the community and visitors; fosters goodwill amongst stakeholders and builds trust and satisfaction with the community through using impactful communications and outreach strategies.

DeGrave Communications is here to help City of Banning strategically develop effective public relations and education strategies that encompass the County’s mission, values and culture as well as help residents and community members identify and connect with City programs and resources.

EXHIBIT "A" Exhibit "A" - 2
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4 On Call Professional Services for Public Relations and Community Outreach Consulting Services · City of Banning · Proposal by DeGrave Communications

OUR PROMISE TO THE CITY OF BANNING
Providing the City of Banning exceptional customer service start to finish on every project is DeGrave Communications’ goal.

Our leadership team is based in Southern California and can be readily available when needed. DeGrave Communications uses the following tools and best practices to support consistent and transparent communications throughout the project.

We are committed to flexibility and changes to your scope and schedule and ensuring all projects are finished on time and on budget while following the City’s brand guidelines.

Client Check-In
These regular meetings will allow the City of Banning and DeGrave Communications to share progress updates and next steps to ensure all team members are aligned and that projects continue to move forward and meet all deadlines. Meetings can be held in person or will be held via Zoom calls.

Weekly DeGrave Strategy Meetings
These meetings allow the internal DeGrave Communications team to touch base on project deliverables and timelines.

Smartsheets
Our team uses Smartsheets for day-to-day project management, timelines, approvals and follow-ups. We will give the City of Banning's team access to the project management sheets upon project kick-off.

Dropbox
Dropbox is used for all digital assets, such as logos, marketing materials and documents throughout the process. DeGrave Communications will set up a stand-alone Dropbox folder and provide the City's team access.

Statement of Understanding and Approach
EXHIBIT "A" Exhibit "A" - 3
110
5 On Call Professional Services for Public Relations and Community Outreach Consulting Services · City of Banning · Proposal by DeGrave Communications DeGrave Communications employs a strategic,
multi-pronged approach to our communications,
marketing and outreach efforts to ensure
maximum results
Effective communications and outreach strategies are
made – not copied.

We know public-sector, agencies and communications:

Working with DeGrave Communications, our clients benefit from the large agency expertise, in-depth capabilities and top-notch advisory services while receiving an unmatched personal, hands-on experience.

We understand the unique challenges facing government agencies while also providing results-driven cutting edge strategies and tactics that resonate with our clients and the communities they serve.

Our top team members have more than 100 years combined
experience working in cities and special districts throughout California. In addition, our firm is headed up by award-winning public relations professionals who hold the elite Accreditation in Public Relations to ensure our clients receive the highest level of service focused on multifaceted, precise and measurable communications strategies. The rest of our carefully curated team for this project has worked with dozens of public sector clients in California, nationally and internationally producing exceptional results.

When it comes to crafting impactful communications, education and marketing strategies, we rely on using our four-pronged approach of research, planning, implementation and evaluation.

Phase 1: Research
Effective Communications and Outreach Strategies are Created – Not Copied. Research is the foundation for effective, impactful communication and marketing projects and programs – regardless of the project’s size. Upon engagement with
DeGrave Communications, our firm will embark upon a research and discovery process for every project. Our team will move forward with using information gathered in the research phase to develop objectives, strategies, tactics, timelines and measure results for each project.

Depending on the on-call project, some of the research
methodologies we may recommend to accomplish this phase include:

KICKOFF MEETING
We will commence with a kick-off meeting to include key City of Banning staff and the DeGrave Communications team. City of Banning will provide an overview of key projects, identify key milestones, identify roles and responsibilities for both DeGrave and City of Banning team members and agree on contract deliverables.

COMMUNICATIONS AND MEDIA AUDIT
A communication and material audit will lend to understanding how the City of Banning is currently communicating with its stakeholders and what existing tactics are being used as well as what communications opportunities and challenges exist. DeGrave Communications will review current materials and earned media coverage to assess how the City’s brand is being conveyed. City of Banning is to provide our team with files of current materials.

Statement of Understanding and Approach
EXHIBIT "A" Exhibit "A" - 4
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6 On Call Professional Services for Public Relations and Community Outreach Consulting Services · City of Banning · Proposal by DeGrave Communications

AUDIENCE IDENTIFICATIONS
City of Banning serves dozens of internal and external audiences and must continue to evolve its outreach efforts to meet the changing needs of each audience and effectively engage with the audiences they serve. DeGrave Communications is based out of Murrieta, just 53 miles from Banning, and has experience working with numerous public-sector clients throughout the region and can leverage inside knowledge of key audiences to refine these groups during the identification process. This information will be used to develop strategies and tactics for key communications programs and projects.

Phase 2: Planning
Using the data and insights uncovered in Phase 1, we will begin to develop the overall communications and outreach strategies for the City when working on projects.

COMMUNICATIONS STRATEGY PRESENTATION
Prior to moving to Phase 3: Implementation for each project, we will present our strategies to the City of Banning team to provide an opportunity for feedback and ensure a mutually agreed upon direction.

Given the nature of the project, this may be as simple as an email or phone call or may require a virtual or in-person meeting.

Phase 3: Implementation
As City of Banning is looking for a firm to provide various on-call Professional Services for Public Relations and Community Outreach Consulting for many programs, project and initiatives from Public Works, DeGrave Communications has provided a comprehensive list of services our firm offers relating to the City's key areas noted in the scope of work:
• Strategic messaging and branding support for Public Works Divisions, including Engineering, Water, Wastewater, Streets, Refuse, Transit, Building Maintenance, Fleet, Stormwater, Airport, and Service Requests.
• Graphic design services for brochures, handouts, and website content, including infographics and targeted visuals.
• Provision of stock footage or custom photography for projects, events, and publications, both online and in print.
• Image retouching and adjustments for video and photo formats. • Assistance with design color theory and typography.
• Preparation of digital files for formatting needs.
• Support and coordination for public outreach meetings and hotlines related to Public Works Department initiatives.
• Arrangement of videography services.
• Support during emergency events, including message development for media and the public.
• Creation of social media posts and outreach material. • Keyword research and SEO optimization for content, with analysis of web traffic.
• Development of animated videos on relevant topics.
• Digital marketing across various channels such as search engines, websites, social media, email, and mobile apps.
• Preparation of project logos, surveys, and websites.
• Advertising and promotion of public workshops and community meetings.
• Additional services as needed.

Statement of Understanding and Approach
EXHIBIT "A" Exhibit "A" - 5
112
7 On Call Professional Services for Public Relations and Community Outreach Consulting Services · City of Banning · Proposal by DeGrave Communications For Other City Departments:
• Purchasing and placement of advertising across web, radio, and print.
• Social media support, including creating and publishing posts and short social videos.
• Graphic design and infographics for social media, websites, or printed materials.
• Photography and video shooting and editing for events and promotions.
• Assistance with newsletters or other public documentation, including content gathering and formatting.
• Press and media release support.
• Attendance at City Council meetings if required.

OUTREACH MATERIALS DESIGN AND MESSAGING
Need a newsletter, collateral materials, flyer or postcard? No problem! Our team of experts have decades of experience working with public agencies and understand how to simplify complex water topics for key audiences. Our award-winning collateral blends compelling messages along with engaging graphics. From annual reports to monthly e-newsletters, from financial reports to water quality reports, our team’s experience is vast. We are here to support the City with design of collateral materials, as well as copywriting and messaging.

Our team has experience creating dynamic collateral for public agencies that resonate with the community. We incorporate engaging storytelling and impactful graphics into our award- winning materials.

QUARTERLY NEWSLETTER CONTENT
From e-newsletters to hard copy newsletters, our team has experience creating dynamic newsletters for public agencies that resonate with the community. We incorporate engaging storytelling and impactful graphics into our award- winning newsletters.

GRAPHIC DESIGN
Graphic elements help bring stories to life. Whether it’s digital or print, our seasoned designers have decades of experience in developing graphics for visual identities, ads, web-based user interface, publications, motion graphics/animation, illustration and more.

TRANSLATION
City of Banning is home to a diverse population and materials often require translation into Spanish. We do not rely on Google Translate, which often provides incorrect translations that can have embarrassing or costly consequences. Rather, our talented team of human translators can quickly turn around quality translations that take into account the nuance of a language. Our team has translated numerous documents over the years from technical reports to Prop. 218 notices.

EBLASTS
Direct emails from an organization are one of the best ways to reach an audience. Our team is experienced in working with various email marketing software systems and can help City of Banning create effective email marketing campaigns to meet the City's goals and convey important, timely information to residents and stakeholders.

Services provided for email marketing include content development and branding.

Statement of Understanding and Approach
EXHIBIT "A" Exhibit "A" - 6
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8 On Call Professional Services for Public Relations and Community Outreach Consulting Services · City of Banning · Proposal by DeGrave Communications

MEDIA RELATIONS
A well-executed media relations strategy ensures your agency is communicating its newsworthy information to the everchanging media market encompassing print, radio, tv and web. Our team has years of experience and relationships with key regional and national media outlets. We provide our clients with the following services: developing news releases and media alerts; media pitching; media monitoring (Critical Mention); speaking points; interview preparation; and news conference coordination (in person and digital).

COMMUNICATIONS SUPPORT FOR UNFORESEEN ISSUES/

CRISIS COMMUNICATIONS
Our team has decades of direct experience handling issues/crisis communications response strategies for numerous agencies, including City of South Pasadena, SCV Water, Western Municipal Water District, and Elsinore Valley Municipal Water District, to name a few.

In addition, our team is trained in working in an emergency operations center and joint information center and key members hold the highest communications credentials for both crisis training and communications, including the following: CalOES - Basic and Advanced Crisis Communications Certificates; FEMA - NIMS IS700a and ICS 100; Accreditation in Public Relations – Universal Accreditation Board; and Certificate in Communications – California Association of Public Information Officials. With our hands-on knowledge, we can serve as an extension of your team during a crisis.

Our crisis services also include development of crisis communications plans (including roles, responsibilities and checklists, audience identification, etc.), crisis templates (news releases, speaking points, holding statements and notices), crisis trainings and more.

STAKEHOLDER AND NEIGHBORHOOD MEETINGS
Conducting stakeholder and neighborhood meetings is an essential part of Banning’s community outreach to key groups. Our team has decades of experience in public participation and outreach and can assist with meeting coordination from start to finish. We offer meeting coordination, facilitation, on-site assistance, messaging and speaking point development, audience identification, development of reports with attendee contact info, areas of concern and more.

STRATEGIC COMMUNICATIONS PLANS
Successful communications with your community requires a strong foundation of strategic communications planning. Our team develops a strategy for each project to ensure the project’s success.

We have decades of experience crafting agency-wide strategic communications and marketing plans to project-specific plans. Each of our plans incorporates research, planning, implementation and evaluation.

VIDEO
Research has shown that using video is one of the most impactful ways to communicate with key audiences, and we couldn’t agree more. Our team provides a comprehensive offering of video services from pre- to post-production. Our services include video strategy; content planning; storytelling/script development; animation; illustration; live action; aerial videography; stock video; livestreaming; and more.

Statement of Understanding and Approach
EXHIBIT "A" Exhibit "A" - 7
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9 On Call Professional Services for Public Relations and Community Outreach Consulting Services · City of Banning · Proposal by DeGrave Communications

PHOTOGRAPHY
Photography captures the legacy of your agency through your events, projects and programs. Our team will help your agency visually communicate important information and memories. We specialize in photography for portraits, products, architecture, advertising/lifestyle, aerial/drones and stock.

SOCIAL MEDIA
Social media is an important communications tool to drive your agency’s brand awareness with your key audiences and provide important, timely information to your community. Our team is upto- date on popular social platforms and can help your agency craft compelling content specifically developed for each platform; create editorial calendars; provide social media monitoring and responses; purchase ads; and grow Banning’s audience following.

BRANDING
Whether it’s an agency-wide rebrand or branding a new project, program or campaign, our team can effectively help your agency tell its story through research, persona development, logos, typography, brand platforms, brand standards, deployment of the brand and more.

We have led successful branding efforts for our public-clients across the state.

SPECIAL EVENT COORDINATION AND MANAGEMENT
We have decades of expertise designing popular community and stakeholder events for our clients, including State-of-the-City videos and in-person events; community tours; Earth Day events; symposiums and conferences; and workshops. We’ve currently transitioned many of our client’s beloved events into video or web formats that allow for community involvement during the pandemic.

Statement of Understanding and Approach

WEBSITE DEVELOPMENT
Our clients have turned to our firm to develop websites and microsites for their agencies. We can not only assist with user experience and user interface website design, but also can develop content that meets ADA requirements and adheres to the Federal Plain Language Guidelines to ensure accessibility for all users.

PUBLIC OPINION SURVEYING
From time to time, agencies require public opinion surveying to understand community and stakeholder needs. These surveys can range from short surveys on a particular topic to longer customer satisfaction surveys. We have helped numerous agencies design, develop, administer and interpret survey results. Our team of knowledgeable communications and research strategists have decades of experience and use an innovative community and stakeholder engagement platform, along with traditional data gathering tactics, to gather key information. Our approach gives us the ability to provide our clients with brand personalization, multiple languages, response deduplication, complex logic and more. Data is dynamically displayed in real-time and interactive dashboards to help our clients make data driven decisions.

EXHIBIT "A" Exhibit "A" - 8
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Exhibit “A”-9
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 City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 116
Exhibit “B”-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
None
117
Exhibit “C”-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant’s billing rates for all personnel are attached as Exhibit C-1.

II. 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.

III. 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 Services 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-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 118
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
119
Exhibit “C-1”-2
120
Exhibit “C-1”-3
121
Exhibit “C-1”-4
122
Exhibit “D-1”-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedules mutually agreed upon with the City per project basis.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-116, Approving the Award of Contract for Roadway and Storm Drain Asset Collection and Analysis with Roadway Asset Services of Austin, Texas for Fiscal Year 2024/2025 in the Amount of $302,082
RECOMMENDATION:

Adopt Resolution 2024-116.

BACKGROUND:

Starting in early 2022, the Public Works Department began the investigation of asset management software services, as well as vendors and services to collect asset data related to roadways, drainage, and facilities, with a goal of either more fully utilizing the existing platform (Cartegraph) or make a change to a software solution that would be more fully integrated with City services. The efforts of that research have been partially implemented with previous City Council action to expand the Cartegraph Asset Management software from holding data on roadway pavement only to include for broader Roadway Assets, Walkability Assets, Stormwater Assets, Facility Assets, and Scenario Builder for capital planning.

That implementation effort is ongoing and expected to 'go live' in very late 2024 or early 2025.

Regulations regarding storm water asset management, cost reporting, and capital expenses are pending with the updated MS4 permit that covers the City of Banning. This data collection effort will confirm data that we currently have in the Nobel mapping system, and expand upon data that is required for future reporting, including presence of trash capture devices, debris removal, outfall monitoring and status, as well as identify stormwater basins on private property where annual reporting is required. The data will be confirmed against the limited data currently in Nobel related to stormwater assets, and Cartegraph will be the software of record for these facilities.

The next step in this process is to collect relevant data to include with the expanded software capabilities. Over a 2 year period, the Public Works team met with various service providers using a wide range of technological solutions to capture asset data, as well as attending training and conferences on how best to have data collected, stored, and utilized within the expanded software capabilities. An RFP (RFP-23-046, closed 3/28/24) was prepared soliciting specific services and asset information to be collected, analyzed, and input seamlessly with Cartegraph, where City staff would have a 'turn key' system that is fully loaded and ready to use.

A mandatory pre-bid meeting was held for the RFP on 2/26/24, where representatives from two firms attended. At the close of bid, only Roadway Asset Services opted to submit a bid. The proposal was reviewed by the review committee to ensure that the proposal met the intent of the requested scope of 124
work, which it did. While only a single bid was submitted, Roadway Asset Services met the scope of work, has a demonstrated success pattern with other jurisdictions for the requested scope of work, has a great deal of familiarity with the Catregraph Asset Management software, and has a cost that is in line with Public Works Department expectations prior to the release of the RFP.

JUSTIFICATION:

The roadway, walkability, and stormwater assets collected will allow for better asset management, cost reporting, and capital planning over the limited data currently available to the Public Works Department.

The asset conditions collected related to curb ramps, sidewalks, pavement condition, and signage will allow a work plan to be developed with better cost estimates for planning and budgeting in future budget cycles, and to prioritize investments to maximize the asset life expectancy and reduce risk to the City where assets require repair or replacement.

FISCAL IMPACT:

The cost for this services was budgeted and anticipated to be funded with the City's annual Measure A funding received, and was reflected on the project list adopted by Council with Resolution 2024-55.

Minor adjustments to the funding allocation within that document will be processed with the Riverside County Transportation Commission to cover the full cost of the project in FY24/25. Measure A allows for this expense within the program and allows for modifications to the funding program for eligible expenses.

ALTERNATIVES:

Do not approve Resolution 2024-116 and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-116 Asset.Management.docx

2. PSA Roadway Assets - Fixed Asset Inspection.pdf

3. RFP and Scope of Work.pdf

4. RAS Proposal.pdf
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Resolution 2024-116

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RESOLUTION 2024-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,

APPROVING THE AWARD OF CONTRACT FOR ROADWAY AND STORM DRAIN ASSET

COLLECTION AND ANALYSIS WITH ROADWAY ASSET SERVICES OF AUSTIN, TEXAS FOR FISCAL YEAR 2024/2025 IN THE AMOUNT OF $302,082
WHEREAS, the Public Works Department has responsibility for maintenance and operations of the roadway and storm drainage network that requires current conditions and locations of roadway, walkability, and storm drain facilities; and WHEREAS, the Public Works Department has planned for annual Measure A funding to conduct an asset collection and condition assessment for roadway, walkability, and storm drain facilities; and
WHEREAS, the Public Works Department solicited a formal bid (RFP-23-046) through the City’s bid procurement service, conducted a mandatory pre-bid meeting, established an evaluation committee to review the submitted proposal, and determined that the proposal met the scope of work and can be funded through Measure A;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves a contract with Roadway Asset Services for fiscal year 2024/2025 in the amount of $302,082 and authorizes the City Manager to sign said agreement.

SECTION 2. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

SECTION 3. The City Council authorizes the City Manager to make necessary non-substantive changes and execute a contract with Roadway Asset Services for Fiscal Year 24/25.

SECTION 4. 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.

PASSED, APPROVED AND ADOPTED this 9th day of July 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:
126
Resolution 2024-116

Page 2 of 4 ends

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
127
Resolution 2024-116

Page 3 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-116, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of July 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
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Resolution 2024-116

Page 4 of 4 ends

EXHIBIT A
Agreement
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2344655v8
AGREEMENT FOR PROFESSIONAL SERVICES (C001034) FOR FIXED

ASSET INSPECTION SERVICES BY AND BETWEEN CITY OF

BANNING AND ROADWAY ASSET SERVICES, LLC
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and ROADWAY ASSET SERVICES, LLC, a Texas 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 a Request for Proposal (RFP #23-046) for the performance of the services for the professional services for Fixed Asset Inspections and as further defined and described particularly in Article 1 of this Agreement.

D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, 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” hereunder. As a material inducement to 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 professional manner, and is experienced in performing the 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 Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 130
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standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

1.3 Compliance with Law.

1.4 Licenses, Permits, Fees and Assessments.

1.5 Familiarity with Services.

1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 131
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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 Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

1.8 Additional Services.

1.9 Facilities and Equipment.

1.10 Special Requirements.

1.11 Corrections.

In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,

1.12 Party Representatives.

Name Title
Bart Williamson CEO
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative 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 Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 133
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Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, 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, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

A. Consultant is an independent contractor and not an employee of City.

1.14 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for 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 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 134
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Three Hundred Two Thousand Eight-Two Dollars ($302,082.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services 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 those meetings.

2.2 Method of Compensation.

2.3 Reimbursable Expenses.

2.4 Unauthorized Services and Expenses.

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 135
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

2.6 Waiver.

Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

3.2 Schedule of Performance.

3.3 Force Majeure.

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 136
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

The Term of this Agreement shall be from the Effective Date through June 30, 2025, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections

1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 137
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

4.4 Primary and Non-Contributing.

4.5 Consultant’s Waiver of Subrogation.

4.6 Deductibles and Self-Insured Retentions.

4.7 Cancellations or Modifications to Coverage.

4.8 City Remedy for Noncompliance.

Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 138
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4.9 Evidence of Insurance.

4.10 Indemnity Requirements not Limiting.

Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.

4.11 Sub-contractor Insurance Requirements.

Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
139
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2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Consultant shall keep, and require sub-contractors 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 “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 140
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to evaluate the performance of such Services. Any and all such Service Records 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 Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

5.3 Ownership of Documents.

5.4 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 141
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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.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 142
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In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

6.3 Retention of Funds.

6.4 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.

6.5 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 143
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

6.7 Termination Prior to Expiration of Term.

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under 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 attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ 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. 144
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

7.2 Conflict of Interest.

7.3 Covenant Against Discrimination.

Consultant shall take affirmative action to insure that applicants are employed, and that employees 145
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

If to City Attn: Nathan Smith
Deputy Director of Public Works
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Bart Williamson
CEO
Roadway Asset Services LLC
1545 E. Commerce Drive
St. George, UT 84790
Email: [email protected]
146
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8.2 Interpretation.

8.3 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.

8.4 Integration; Amendment.

8.5 Severability.

8.6 Mutual Cooperation.

8.7 No Third Party Beneficiaries Intended.

8.8 Final Payment Acceptance Constitutes Release.

8.9 Non-Appropriation of Funds.

8.10 Headings.

8.11 Word Usage.

8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.

8.13 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 148
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this Agreement on behalf of that 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 that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
149
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: _____________
Serita R. Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
150
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing professional services for Fixed Asset Inspection prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 1
A. Statement of Understanding and Approach
A.1 Understanding of the City’s Requirements
The RAS team understands that the City’s Fixed
Asset Inspection and Inventory Assessment
includes the collection of approximately 150
centerline miles of paved roadways, signs,
markings, supports, light fixtures, guardrails, ADA
ramps, sidewalks, trees, inlets, outlets, catch
basins, retention basins, culverts, manholes,
outfalls, trash capture devices. RAS will utilize an
automated Roadway Asset Collection (RAC) vehicle
to collect imagery of the roadway and assets,
geolocate the assets, perform an object pavement
condition assessment, format pavement and asset data for import to Cartegraph OMS, and deliver a final summary report for the pavement and ROW assets.

The RAS fleet of four (4) Roadway Asset Collection (RAC) vehicles are equipped with a Laser Crack Measurement System (LCMS-2) for automated pavement data acquisition and a certified laser profiler which includes line lasers for capturing full lane rutting and roughness data in conformance with the AASHTO R 57. The raw sensor data will be collected, processed, and aggregated to the segment level contained in the City’s Cartegraph OMS Software. The data will be collected and delivered in accordance with the most current version of the U.S. Army Corps of Engineers data protocols, commonly referred to as ASTM D6433. The RAC vehicles meet or exceed all of the requirements for pavement surface imaging as defined by the City.

As a Strategic Business Partner of Cartegraph and routine implementer of the pavement module, RAS will upload the new pavement inspection data into Cartegraph as “Inspected OCI” to assist the City in updating the enterprise software for budgetary modeling development (performed by City). RAS is a preferred business partner with Cartegraph and will ensure seamless access to the OMS environment through a review of the test environment before moving into production. In addition, RAS has a tried and tested method to complete the data import and we have the staff expertise in-house to support the City’s software implementation tasks not included in the “Orange Advantage” package.

RAS understands that the City’s utilized the Nobel GIS suite of tools for spatial data management. Nobel utilizes the ESRI ArcGIS Engine and ArcSDE software that is utilized for data management for GIS-centric projects. RAS is an ESRI Silver partner and we have the solutions to meet the City’s GIS integration needs.

EXHIBIT "A" Exhibit "A" - 2
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City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 2
A.2 Project Approach
RAS’ project approach includes the management of tasks
by seasoned asset and pavement management
professionals who bring over a combined 150 years of
experience. The benefit of RAS on this assignment is that the team is dedicated to asset and pavement
management on a daily basis. This is their core focus as transportation professionals. The RAS team utilizes the Project Management Body of Knowledge (7th edition) to
define and adhere to the principles of planning. The
planning processes include organizing, scheduling, controlling, and coordinating.

EXHIBIT "A" Exhibit "A" - 3
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City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 3
Task 1: Kickoff and Project Management
Kickoff Meeting
At the outset of the project, RAS will work in conjunction with City Staff to develop the initial scope of work and identify what tasks are critical to the City’s pavement management program. RAS will review the City’s existing GIS centerline files and Cartegraph database for use in this project. After an initial review, RAS will conduct the
Kickoff Meeting to discuss the GIS files,
requirements/considerations, deliverable formats, and
additional data needed by RAS for preparation and
project administration. During the kickoff meeting, RAS will present a project schedule and fees, identify tasks and milestones, review the methodology utilized, provide a
detailed quality assurance/quality control (QA/QC) plan, suggest a schedule for biweekly progress meetings, and
discuss goals for the project. In addition, team members will also determine a pilot area of approximately 10 miles for collection and review of all deliverables by City Staff.

We will also obtain a collection letter for field crew use and determine areas that are of greatest priority or that require special timing for collection due to festivals.

Project Milestone/Monthly Meetings
RAS understands that communication between the RAS
team and the City of Banning is central to having a
successfully managed contract. To ensure project
requirements are met, RAS will host biweekly meetings to review the percentage of the network collected and
rated. RAS will meet and exceed the minimum of 5
meetings and will present progress reports, meeting
agendas, and minutes.

EXHIBIT "A" Exhibit "A" - 4
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City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 4
Project Schedule
RAS has presented the following schedule to demonstrate its efficiency in data collection, processing, quality assurance, and delivery of a final report. This schedule represents a realistic timeline to complete the work associated with the requested scope of work.

Assumptions
• Centerline file to be provided as a geodatabase.
• OWNER to provide access to NOBEL GIS data and the “Pavement Layer” for data linking. • Arterials and Collectors are two pass collection and Locals and Residentials are one pass collection. • Surveys to be completed when pavements are dry and free of standing water. • City to participate in project activities in a timely manner to ensure schedule integrity.

Task Description / Milestone Days
1 Project Initiation, Kick-Off, & Centerline
Identification 14
2 Field Mapping Development,
Segmentation Review, & Routing Setup
5 3a
Roadway Asset Collection (RAC) Vehicle
Mobilization/Calibration 2
3b RAC Pavement Distress & Imagery
Collection 50
4a
Pavement Evaluation, ASTM D6433 Data
Processing, & QC
105
4b Pilot Data Review with City Staff 2
4c
Independent ASTM D6433 Field Review
and Ground-Truthing 5
4d HD Digital Image Processing & Delivery 60
5a ROW Asset Inventory & Attribution 9
5b PCI Data Import to StreetSaver® 10
6a RAS & City Review of Final Data 20
6b Delivery of Report and Final Data 10
PM Schedule Project Status Meetings 10
CRITICAL PATH COMPONENTS Prep/GIS Database Work
Field Work
Extraction/Evaluation/QC Work
Final Deliverable
Month: Starting Upon Receipt of NTP
1 2 3 4 5
EXHIBIT "A" Exhibit "A" - 5
155
City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 5
Task 2: Pre-Survey GIS Mapping and Network Centerline Identification RAS will review the City’s existing GIS centerline and perform an audit of the data to ensure that all roads requiring data collection are surveyed. This will include a review of functional classes and coverage checks for major/divided roads (Wilson St, Highland Springs Ave, Sunset Ave, Ramsey St, Sun Lakes Blvd, Hathaway St.) that require twodirectional testing. The result will be a clean GIS centerline, ready for consumption of additional layers and attribution related to the pavement condition surveys and asset inventories.

To ensure adequate coverage and exceed requirements, the RAC vehicle will survey arterial and collector roads in two directions, while single pass testing the residential roads. This approach ensures the highest level of detail and representative pavement conditions. At the completion of the project, the roadway and right of way images (provided at no cost) and condition database for the network will be formatted for upload into Cartegraph OMS, the City’s GIS environment, and the optional RAS web-hosted videologger.

Task 3: Perform Physical Inspection and Inventory
Roadway Asset Collection (RAC) Vehicles
The pavement data will be processed per road segment for the entire roadway network using the continuous and detailed 20-foot linear samples acquired by the RAC Laser Crack Measurement System (LCMS-2) vehicle. RAS will adopt the City’s existing GIS linked OMS centerlines and the detailed 20-foot LCMS samples will be processed into 2,500 sqft samples following the ASTM D6433 logic. These 2,500 sqft samples can then be loaded as sample inspections for every City segment, thus creating multiple inspections for each segment.

Alternatively, RAS can also aggregate the 2,500 sqft samples to match the City’s existing segmentation, thus creating one inspection record for every segment. The RAS approach is comprehensive and nimble enough to evolve with City expectations. The City will receive the condition and analysis results in several formats such as Excel Spreadsheets and geodatabases prior to the final Cartegraph production load.

All RAC vehicles operate within the appropriate ASTM and AASHTO standards and have been independently certified by Texas A&M Transportation Institute to ensure accuracy with the data collection.

An enhancement and cost savings initiative that differentiates RAS from other pavement condition survey approaches is that the advanced technology equipped on the RAC vehicles does NOT require two passes on local/residential roads. This will save the City time and money as the total number of test miles driven is substantially reduced compared to all-lane surveys.

EXHIBIT "A" Exhibit "A" - 6
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City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 6
To complete the automated pavement condition survey, the RAS team will utilize RAC vehicles from the fleet of four (4), equipped with:
• The LCMS-2 camera is a downward-facing laser array providing images used to evaluate data that conforms with ASTM D6433 protocols, which uses two 1-millimeter-pixel resolution line scan cameras to provide a customized digital condition rating system to collect user defined severity/extent-based pavement distresses and rutting.
• The pavement distress type, density, severity, and extent are collected with the LCMS-2 and are used to calculate a Pavement Condition Index (PCI) score, between 0-100, that represents the condition of 100% of the driven lanes.
• Point Gray Ladybug 5+ 32MP 360-degree High-Definition camera (utilized for accurate ROW asset capture, extraction, and pavement QA/QC) is far superior to multiple independently mounted HD cameras. These images will be supplied to the City at no additional cost as the RAS team feels they are critical for City review and acceptance.
• Linear distance measuring to within +/-0.5%.
• A class 1 inertial profiler for simultaneously capturing dual-wheel path (left and right) International Roughness Index (IRI) measurements to the hundredth inch, in accordance with AASHTO R48. The profiler has gone through ASTM E-950 certification and wasindependently certified by Texas A&M Transportation Institute (TTI) in March 2024. The inertial profiler meets the requirements and will be operated in accordance with AASHTO Standards M 328, R 57-10, R 56-10, and R43M/R43-7. • Applanix POS/LV with DGPS (Provides accurate internal GPS navigation for geo-locating pavement and right of way asset information).

The RAS team will conduct pavement survey work on dry
pavement and in lighting conditions that ensure accurate crack detection. We will collect imagery during daylight hours only, with no rain, fog, or snow visibility obstructions.

Any road segment(s) that exhibits low image quality due to lighting will be recollected at a later time. The industry is currently migrating toward automated intelligence (AI)
rating for 100% linear assessment of the roads, in
accordance with guidelines within the ASTM D6433, ASTM
E1656, and ASTM E3303. This methodology removes the subjectivity of rating small sample areas of the road segment where the sample may not represent the condition of the entire roadway segment.

EXHIBIT "A" Exhibit "A" - 7
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City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 7
Task 4: Detailed Quality Assurance & Quality Control Work Plan RAS has also developed a detailed 30-page Data Quality Management Plan (DQMP) to provide our clients with a systemized method for assuring data is representative of the conditions present. Included in the DQMP is a description of condition survey procedures, data collection vehicle calibration, range of accuracy, data checks, safety procedures, verification by trained engineers, roadway segment review/verification, and integration into Cartegraph. A unique feature of our quality managmenet plans is a 10- mile field verification pilot reviewed by RAS, Bucknam Infrastructure Group, & City Staff that will illustrate the completeness and accuracy of the RAS data stream. We can supply the City of Banning with our published 30-page DQMP at the request of City Staff. The document's length and technical nature didn’t make it suitable for inclusion with this proposal submission.

Quality Assurance Step #1– Network Database Review (Completeness / Gap Analysis) While a simple routine in every project, the cornerstone to project initiation is conducting a complete diagnostic of the roadway network, including a full and thorough assessment of the City’s GIS centerline and Cartegraph inventory database. This will include a review of the City’s data requirements (i.e., what information is needed/desired) and subsequent data gap analysis (what is missing).

RAS will include the following in this initial review:
a. Base inventory information, (i.e., Functional Class, lengths, areas, surface type, etc.) b. Historical condition information
c. Status of survey history
d. Construction and maintenance history
e. Review of maintenance and rehabilitation treatments and unit costs f. Review of existing pavement deterioration curves
g. Review of Scenario Builder routines to ensure City is maximizing latest updates (optional task) Example Ladybug ROW Imagery & Pavement LCMS-2 Imagery Deliverables EXHIBIT "A" Exhibit "A" - 8
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City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 8
Quality Assurance Step #2 – Mobilization/Calibration/Pilot/Kickoff The importance of the field pilot cannot be understated as it has become a routine milestone for the RAS Team
on all pavement condition projects. The pilot allows
RAS to collect, process, and review condition data with City Staff to ensure accuracy with the data collection
and interpretation protocols. In addition to the City’s eventual review of the 10-mile pilot data, RAS
subconsultant Bucknam Infrastructure Group (a local
pavement management consultant), will conduct an independent 3rd party review of the 10-mile pilot to assist in the quality review process. The review of the RAS condition data and Bucknam QC will be hosted by Senior Pavement Engineer, Scot Gordon, PE, IAM in the field, where he will review site conditions with City Staff. Scot uses a field tablet that contains the segment PCI scores along with the deduct points assigned to each distress such that everyone understands the PCI impacts of distresses that are present. The importance of this step is to make necessary corrections to the processing routines that result from local standard construction practices/soil conditions and to ensure accuracy with the approach. As certified ASTM D6433 inspectors, Bucknam will conduct a walking survey on the 10 miles of roadway through the selection of representative samples for each segment, covering a minimum of 20% of the total section area and samples will be 2,500 square feet (+/- 1,000 sqft) in size.

As a cornerstone to the development of quality data deliverables, Scot Gordon, PE has performed a pilot data field validation with agency staff on hundreds of pavement condition surveys. Throughout his career, Scot has worked with various agencies on the field pilot data validation including but not limited to:
• Houston, TX • Indianapolis, IN • Denver, CO
• Durham, NC • Fort Worth, TX • Albuquerque, NM
• Virginia Beach, VA • Salt Lake City, UT • Charlotte, NC Quality Assurance Step #3 – Subsystem Monitoring in The Field During the survey, the RAS collection software monitors the GPS subsystems and alerts the operator if the GPS feed drops out or if GPS quality is compromised. The IMU will provide acceleration-based corrections during this time to ensure that GPS accuracy is maintained as much as possible. The RAS team will also review a randomized sample of images to ensure that it complies with the requirements of the specifications throughout the course of the network matching and event QC. Upon completion of the network matching, an image report shall be generated with the total image count compared with that expected for each road. Daily Progress Reports are produced by uploading sensor, GPS, and event data and matching against the road network definition. Progress reports include the following, road sections collected, length discrepancies, and remaining sections to be completed. “The pilot data field validation was crucial to our acceptance and buy-in on our pavement quality assessment. Mr. Gordon explained each condition, the methods of measurement of the distresses, and how the PCI score calculations could help us understand the meaning and relationship of the values to our perceptions of pavement performance. This personalized
process allowed us to make maintenance decisions from the data provided with confidence.” Zayne Huff, City of Southlake EXHIBIT "A" Exhibit "A" - 9
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RFP-23-046
Proprietary Information V.B Proposal P. 9
Quality Assurance Step #4 – Automated Crack Analysis & Engineer Review After data is collected in the field and
uploaded to the office environment,
it is imported using the RAS AI
enhanced pavement rating tool
RoadTRIPTM (Technical Rating
Intelligence Program). The import
process creates mappings to the data
so that users do not need to keep
track of where the data is stored on
central data server(s). At this stage,
the major data processing tasks also
occur, such as generation of right-ofway and pavement image streams; calculation of profile, roughness, rutting, detection of cracks, lanemarkings, man-made objects, and other distresses. The RoadTRIPTM application was designed around the ASTM D6433 data collection protocols and contains a PCI calculator that uses distress deduct curves and Q-correction. This PCI is used for Quality Assurance before importing detailed extent/severity distress data into Cartegraph. RoadTRIPTM was programmed with sophisticated algorithms that use sound geometry and distress density to properly classify and quantify pavement distresses.

An experienced pavement inspector will perform QC to confirm the distresses and severity of the pavement condition data collected by the automated technology. This manual quality review is performed, in accordance with the principles of the ASTM D6433 standard, using the LCMS pavement images gathered during collection with the distresses superimposed and color coded.

Task 5a: ROW Asset Inventory
RAS has a proven methodology to perform
asset inventory and inspection services for
Transportation, Walkability, and
Stormwater infrastructure. At a minimum,
each requested asset will receive a
photograph and geolocation for plotting
within a spatial environment (with signs,
markings/striping, ADA ramps, and
sidewalks receiving a condition
assessment). Eash asset class will be
provided to the City as a file geodatabase,
with imagery links, and formatted for
import to Cartegraph OMS.

The following Data Dictionary will be taken
to develop the right-of-way asset inventory
and condition assessment for the City’s
requested infrastructure assets.

EXHIBIT "A" Exhibit "A" - 10
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 10
ROW Asset Data Dictionary
RAS can post-process the Ladybug panoramic imagery using RAS software to collect attributes for each asset type captured. Note that each of these ROW assets will include geolocation and a hyperlinked photo.

Each of the attributes highlighted in light blue will be included as a no-cost, value-add to the inventory.

Selected Asset Code Geometry Field 1 Attribute Field 1 Data Field 2 Attribute Field 2 Data Field 3 Attribute Field 3 Data Signs SIGN Point
SIGN_ID
or Client Schema
Unique identifier for
each sign e.g. 100000
or Client Schema
SIGN_Condition
An identification of
the condition of the
sign. Populated as 1-
Good 2-Fair 3-Poor
SIGN_MUTCD
Numerical MUTCD
Code for the Sign
Supports SS Point
SS_ID
or Client Schema
Unique identifier for
each sign support e.g.
200000 or Client
Schema
SS_Type
An identification of
the material type of
support structure
(wood, utility pole,
bridge, etc.)

N/A N/A
Pavement
Markings PM Point
PM_ID
or Client Schema
Unique identifier for
each pavement
marking e.g. 300000 or
Client Schema
PM_Condition
An identification of
the condition of the
pavement marking.

Populated as 1-Good 2-
Fair 3-Poor
PM_Type
The type of marking
taken from a picklist
of custom MUTCD
codes (bike symbol,
railroad crossing,
double arrow LT, etc.)
Pavement
Striping
PS Linear
PS_ID
or Client Schema
Unique identifier for
each painted/inlaid
striping e.g. 400000 or
Client Schema
PS_Condition
An identification of
the condition of the
striping. Populated as
1-Good 2-Fair 3-Poor
PS_Type
The type of striping
taken from a picklist
of custom codes
(solid, dashed,
double, etc.)
Light Fixtures LF Point
LF_ID
or Client Schema
Unique identifier for
each light fixture e.g.
500000 or Client
Schema
LF_Condition
An identification of
the condition of the
light structure.

Populated as 1-Good 2-
Fair 3-Poor
LF_Support Type
The construction style
of the support e.g.
wood mast, round
metal, ornamental,
etc.

Guardrails GR Linear
GR_ID or Client
Schema
Unique identifier for
each guardrail e.g.
600000 or Client
Schema
GR_Condition
An identification of
the condition of the
guardrail. Populated
as 1-Good 2-Fair 3-
Poor
GR_Type
The primary
construction material
of guardrail e.g. cable,
concrete, bike/ped,
etc.

Pedestrian Curb
Ramps
RAMP Point
RAMP_ID or Client
Schema
Unique identifier for
each curb ramp e.g.
700000 or Client
Schema
RAMP_Condition
An identification of
the condition of the
curb ramps. Populated
as 1-Good 2-Fair 3-
Poor
RAMP_VIF
Identifies the
presence of truncated
domes or other visual
impairment facilities
Sidewalks SW Linear
SW_ID
or Client Schema
Unique identifier for
each sidewalk
structure e.g. 800000
or Client Schema
SW_Condition
An identification of
the condition of the
sidewalk. Populated
as 1-Good 2-Fair 3-
Poor
SW_Type
A description of the
primary method or
style of construction
(stand-alone,
boulevard, etc.)
Trees TREE
Point or
Linear
TREE_ID
or City Schema
Unique identifier for
each tree withing the
adjacent right-of-way
e.g. 900000 or City
Schema
Note: Trees that are
bunched together
will be drawn in as a
linear asset.

N/A N/A N/A
Inlets INLT Point
INLT_ID
or Client Schema
Unique identifier for
each storm inlet e.g.
1000000 or Client
Schema
INLT_TYPE
Type of inlet
contruction (open,
covered, grate, etc.)

N/A N/A
Outlets OUT Point
OUT_ID
or Client Schema
Unique identifier for
each outlet e.g.
1100000 or Client
Schema
OUT_TYPE
Type of outlet
constuction (open,
covered, grate, etc.)

N/A N/A
Catch Basins CABA Point
CABA_ID
or Client Schema
Unique identifier for
each catch basin e.g.
1200000 or Client
Schema
CABA_TYPE
Type of catch basin
construction (open,
covered, grate, etc.)

N/A N/A
Retention Basins REBA Point
REBA_ID
or Client Schema
Unique identifier for
each retention basin
e.g. 1300000 or Client
Schema
REBA_TYPE
Type of retention
basin construction
(open, covered, grate,
etc.)

N/A N/A
Culverts CUL Point
CUL_ID
or Client Schema
Unique identifier for
each culvert e.g.
1400000 or Client
Schema
CUL_TYPE
Type of culvert
construction (open,
covered, grate, etc.)

N/A N/A
City of Banning ROW Asset Data Dictionary
EXHIBIT "A" Exhibit "A" - 11
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City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 11
Sign Retroreflectivity Assessment
RAS is aware that traffic fatality rates are 3 times higher during nighttime than daytime with reduced nighttime roadway visibility as a common factor. RAS also recognizes the importance of nighttime visibility of traffic control devices as our population ages. In general, older individuals have declining vision and slower reaction times. Signs that are easier to see and read at night can help older drivers retain their freedom of mobility and remain independent. RAS can provide the City with a Federal Highway Administration (FHWA) Visual Nighttime Inspection Method and would record in the database whether the sign meets the minimum guidelines in the MUTCD.

Visual Nighttime Inspection Method
The Visual Inspection Method involves an inspector (over age 60) that will assess the visibility and retroreflectivity of the traffic signs as the signs are approached. Signs need to be replaced if they do not meet the comparison defined in one of the three approved procedures:

Calibration Signs Procedure, Consistent Parameters Procedure, and the Comparison Panels Procedure. For this project, we will be utilizing a combination of the Calibration Signs Procedure and the Comparison Panels Procedure. The description of these procedures is provided as contained in the FHWA document:

Calibration Signs Procedure - Calibration signs are viewed prior to conducting the nighttime inspection.

The calibration signs have retroreflectivity levels at or above the minimum levels. These signs are set up where the inspectors can view the calibration signs in a manner similar to how they will conduct the nighttime inspection. The inspector uses the visual appearance of the calibration sign to establish the evaluation threshold for that night’s inspection activities.

Calibration signs are needed for each color of sign for which there are minimum levels. The calibration signs are viewed at typical viewing distances and from the same vehicle that will be used for conducting the inspections. The calibration signs need to be safely stored between inspections so that the retroreflectivity of the calibration signs does not deteriorate over time. Calibration signs are checked at periodic intervals to ensure that the calibration panels have the appropriate retroreflectivity levels.

Comparison Panels Procedure - Small comparison panels are used to assess the retroreflectivity of questionable signs. The comparison panels are fabricated at retroreflectivity levels that are at or above the minimum levels. When the retroreflectivity of a sign is considered to be questionable, a comparison panel is attached to the sign and the sign/panel combination is viewed by the inspector. Selected Asset Code Geometry Field 1 Attribute Field 1 Data Field 2 Attribute Field 2 Data Field 3 Attribute Field 3 Data Manholes MAN Point MAN_ID
or Client Schema
Unique identifier for
each manhole e.g.
1500000 or Client
Schema
MAN_TYPE
Style of manhole
(circular, rectangular,
etc.)

N/A N/A
Outfalls OF Point
OF_ID
or Client Schema
Unique identifier for
each outfall e.g.
1600000 or Client
Schema
OF_TYPE
Type of outfall
construction (open,
covered, grate, etc.)

N/A N/A
Trash Capture
Devices
TCD Point
TCD_ID
or Client Schema
Unique identifier for
each trash capture
device e.g. 1700000 or
Client Schema

N/A N/A N/A N/A
City of Banning ROW Asset Data Dictionary
EXHIBIT "A" Exhibit "A" - 12
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 12
If the comparison panel appears brighter than the sign, the sign needs to be replaced. Utilizing both of these methods will help the inspector in situations where the retroreflectivity is questionable. The inspector will use the Calibration Signs Procedure, and if the inspector encounters a situation where the inspector is not sure, the inspector can then use the Comparison Panels Procedure.

Sign Reflectivity Attribute Model
• Non Compliant – Extremely low or no visibility when viewed at distances over 500 feet (greater than 10 skips or at a distance when the sign first comes into view) and/ or not legible at 250 feet or less (i.e. Less than 5 skips).
• Compliant – Clearly visible when viewed at distances over 500 feet (greater than 10 skips or at a distance when the sign first comes into view) and good legibility at 250 feet or less (i.e. Less than 5 skips).

We will utilize the two-person data collection method, where one person drives the vehicle and the second person (over age 60) assesses the retroreflectivity of each sign. The reflectivity assessment will be entered into the project delivery sign geodatabase.

Task 5b: Import to Cartegraph OMS Asset Management System As a strategic business partner of Cartegraph, the RAS team is commonly tasked with importing new pavement inspection data into an agency’s production Cartegraph environment. RAS has assigned Cartegraph’s former Senior Vice President of Services, Jeff Booth, MBA, to manage Cartegraph import and data configuration. RAS Director of Deliverables, Jeff Booth, brings over 10 years of experience intimately working with Cartegraph and 7 years of municipal experience serving as an IT Project Manager. A typical Cartegraph import happens in two phases as follows:

Phase I: Test Environment – most agencies operating an enterprise system such as Cartegraph OMS have a test environment specifically set up for vendors to test a data load or parameter configuration prior to moving into production. During this stage, the RAS team formats the 2,500 sq.ft. inspection samples or segment level distress data for import into the Cartegraph OMS software. The data is loaded as a new inspection such that it DOES NOT overwrite any legacy data within the software. Old inspections are retained and simply no longer utilized for budgetary modeling purposes.

Data loading for Cartegraph users
includes the development of a
series of 7 specific import sheets
(see image to right) that are
formatted for use with the
Cartegraph import/export utility.

The import sheets cover updates
to core segment attribution, tasks,
inspections, samples, distress
data, and condition categories.

EXHIBIT "A" Exhibit "A" - 13
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RFP-23-046
Proprietary Information V.B Proposal P. 13
Phase II: Production Environment – Upon
completion of the import to the test
environment, the RAS Team has our
Cartegraph support team review the loaded
data to ensure there are no gaps in the data
structure or format. Upon acceptance of
Cartegraph, the RAS team moves the database
into the City’s production environment,
generally in off-hours to ensure minimal
downtime for City Staff and Services. RAS has
the team, resources, and expertise to conduct a seamless production load to Cartegraph.

Task 6a: Final Deliverables and Preparation of Summary Report Hosted RAS Data Validation Portal
While RAS is passionately dedicated to quality data before it is delivered to our clients, we also firmly believe that every client should have the ability to review that data set without having to be software or database experts. So, while most consultants deliver an Excel spreadsheet or a File Geodatabase that the City has to review internally, RAS takes it one step further by setting up a Microsoft PowerBI dashboard that was specifically designed to assist the City in their review of the RAS data.

Below is an image of the RAS Data Validation Tool that resides within PowerBI. As can be seen, City staff will have easy access to a map that displays the pavement condition data on a segment-by-segment basis.

The user has the ability to filter by unique ID or even a PCI range, pavement type, or functional classification depending on what they would like to visualize. Upon clicking on the desired segment for inspection, the distress deducts are then displayed in the lower right-hand side of the screen, indicating that this particular segment with a PCI of 72 is largely impacted by low severity longitudinal and transverse cracking in addition to low severity rutting. The user can then click on an image link (circled in yellow below) to verify the displayed distress deducts by virtually driving down the segment.

EXHIBIT "A" Exhibit "A" - 14
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RFP-23-046
Proprietary Information V.B Proposal P. 14
Image Link Zoomed In:

EXHIBIT "A" Exhibit "A" - 15
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Proprietary Information V.B Proposal P. 15
Final Summary Report/Executive Summary
RAS will provide the City a final report/executive summary including study objectives, and description of the methodology utilized. A Letter of Certification will be provided with the report to verify the fixed asset count, methodology, assets inventoried, assets in unserviceable condition, missing assets, assets in a state of disrepair, and recommendations for developing a comprehensive replacement schedule.

In addition to the fixed asset report, RAS will provide a final pavement report including an inventory of all roads, current pavement conditions for each street function classification, and network OCI, PCI, and IRI.

The City will receive statistical charts, graphs, and area maps illustrating all PCI results, street segment lengths, widths, area, lane count, pavement type, the overall City’s road quality, and findings from the pavement evaluation.

A draft of the Final Summary Report will be
presented at approximately 75%
completion and will require working
sessions and feedback from the City to
develop the most accurate report for
execution. The report will be provided for
review by City staff and modified based on
comments to produce a final report which
will be delivered as a bound report and in
Microsoft Word (.doc and .docx) and Adobe
(.pdf) format.

All collected pavement data will be in a format for use with NOBEL GIS software and the Cartegraph OMS software. RAS is both a preferred Cartegraph Business Partner. RAS has recently completed imports into Cartegraph for Salt Lake City, UT; Denver, CO; Mesa County, CO; Anderson County, SC; Kingsport, TN; Corpus Christi, TX; New Braunfels, TX; Sarasota, FL; Virginia Beach, VA; Okaloosa County FL; Kansas City, MO; ; San Antonio, TX; South Salt Lake, UT; and Collier County, FL.

Task 6b: City Staff Responsibilities
To complete the City’s contract, RAS requires the City’s assistance in giving access to NOBEL GIS and existing pavement database, attending the field pilot to review PCI scores and pavement distress interpretations, attending the kickoff meeting and biweekly progress meetings, and reviewing the draft report.

RAS will not lease, purchase, or rent any City owned facilities or properties.

EXHIBIT "A" Exhibit "A" - 16
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Proprietary Information V.D Value-Added Services P. 1
Value Added Services
Optional Services: Council Presentation (Included with Base Scope of Work) The RAS team can provide a Client Presentation
that includes data, charts, and all final summary
report data to showcase the results of the
pavement condition survey. Our Leadership
Team has extensive experience preparing and
presenting results of pavement and asset
condition assessments, as well as pavement
budget scenarios and maintenance plans to
elected officials and constituents.

The Client Presentations are a standard scope that we provide to all our asset management clients. Our team has worked with City Councils with several agencies including San Antonio, TX; Corpus Christi, TX; Durham, NC; Pitkin County, CO; Indianapolis, IN; Rowlett, TX; and Laredo, TX to name a few.

Optional Service: Cartegraph OMS Configuration & Pavement Analysis (Additional Fee) Scenario Builder Configuration and Optimization for Pavement Management While running the Scenario Builder models themselves might seem straight-forward, the RAS approach to such an analysis involves the following sequences and client engagements during the process in an effort to configure the parameters that serve as the intelligence within Scenario Builder:
• Current database review – most issues can be resolved at the initiation of a project by completing a brief review of the City’s existing GIS and Cartegraph OMS setup. All RAS projects begin with a review by our Project Manager. Any recommended changes to the segmentation or budgetary model configuration will be discussed during this stage. The benefit of the RAS team in this stage is in their intimate knowledge of Cartegraph OMS configuration, including areas of recommended improvement.
• Maintenance & Rehabilitation Setup –
to ensure the results of the budget
model runs meet the City’s
expectations, Scot Gordon will discuss
the City’s current Maintenance and
Rehabilitation setup within the
Cartegraph OMS system under the
“Protocol Library”. As a Professional
Engineer with extensive pavement
experience, Scot is well versed with the
application of pavement rehabilitation
techniques, trigger points, real-world impact to OCI, and life cycles. As a part of this process, RAS will work with the City to determine the right treatment (prescription) at the right time. As completed with many agencies across the Country, RAS will work with City staff to review the existing pavement rehabilitation model parameters that are currently setup within the Scenario EXHIBIT "A" Exhibit "A" - 17
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Proprietary Information V.D Value-Added Services P. 2
Builder Protocol Library. These parameters will be updated based on actual City expenditures for each activity and real world life cycle estimates that relate to OCI impact. This includes reviewing Min/Max PCI, Breakpoint PCI, decision trees for treatments (using the advanced filter text in the Protocol Library), costs, and OCI impact values.

RAS can also discuss other treatments that the City may or may not be using, their benefits, their return on investment, and their adoption across the Country. The results of the scenarios would include investment benefit information indicating the cost per square foot of benefit for each maintenance strategy based on maintenance rehabilitation costs. This can be reported in a number of ways, but commonly as the cost per sqft to increase the PCI by increments of 1 point. • Deterioration Curves – forecasting
pavement conditions within
Cartegraph requires a detailed set of
pavement deterioration curves for
each roadway traffic classification,
pavement material type, etc. as
designated by the City. Scot will
review the existing OMS “Prediction
Groups” to ensure there is enough
granularity within the functional
classes, pavement types, and that
the deterioration curves assigned to
each Prediction Group reflects realistic degradation rates in the City. If alterations to the curves are necessary, Scot will lead the update with the City and RAS team. Scenario Builder will pull the data configurations used in the Prediction Groups and Protocol Library to create clear, accurate predictions on everything from OCI gains to budget impacts over time. Scot Gordon and the RAS team have developed hundreds of deterioration curves based on collected data. Scot will work with the historical data, along with the collected data from this project, to develop updated and further refined deterioration curves for each combination of street classification and pavement surface type, representative of the climate.

RAS has protocols in place that preserve historical collection data and use past surveys to assist in modeling through documenting the change in conditions between past surveys and the current collected data. RAS will make the comparisons between the surveys easily viewable for City staff to determine if outliers exist.
• Supersegment Development –
the Cartegraph Scenario Builder
module runs models on the
layers loaded into the system.

While older versions of
Cartegraph could only house a
single layer, Cartegraph now
gives users the ability to house a
EXHIBIT "A" Exhibit "A" - 18
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Proprietary Information V.D Value-Added Services P. 3
Supersegment layer, which is simply multiple segments stitched together to form a logical project or management section. The benefit of utilizing a Supersegment layer for use in Scenario Builder is that it runs the budgetary scenario at the project level, producing real-world rehabilitation plans that are ready for City review, modification, or acceptance. Our team will also provide recommendations to City staff for best practices in developing practically sized Supersegments to yield model results that can be acted upon. RAS also utilizes Cartegraph’s “Automation Manager” when developing or updating an agencies budgetary models using the Supersegment approach.

Budget Model Development
The RAS Team separates itself from our
competition through our devotion to the most
critical aspect of the project, which is
collaborating with the City on how to take the
objective condition data and utilize it to make
meaningful decisions involving the City’s
infrastructure.

RAS follows the “AASHTO Transportation Asset
Management Guide – A Focus on
Implementation” which provides a framework for
organizations to utilize and update the management of their assets to improve decision-making, monitor performance, and support integrated decisions in programming projects. The observed distresses and calculated OCI values will be used within Cartegraph to rank projects using distress types indicating load, non-load, and environmental related causes of each distress.

EXHIBIT "A" Exhibit "A" - 19
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Proprietary Information V.D Value-Added Services P. 4
Infusing Optimization into the Cartegraph OMS Analysis
Optimization is a broad-based term that
has many different definitions. For most
pavement management systems,
optimization is the ability to prioritize a
multi-year rehabilitation plan using several
different factors that are important to the
City and based on sound engineering
constraints. For example, RAS commonly
configures the Scenario Builder models
using “Asset Filters” that allows our team
to include a different set of maintenance and rehabilitation activities for roadways of different pavement types, traffic, and strength.

With the Asset Filters setup, our team can then assign “Criticality” factors to each functional classification, pavement type, and pavement strength rating that assist in prioritizing the multi-year plan and the development of an optimized rehabilitation plan. However, this is only the beginning of an RAS Optimized Multi-Year Plan.

The RAS team also includes a true Financial Optimization Framework (FOF) as a part of the Cartegraph OMS analysis. While the user could run a multi-year plan using the assigned “Asset Criticality” only, RAS prefers to infuse financial optimization through the use of the “Deferred Unit Cost” sequence logic.

This sequence option allows the analysis to consider the future costs of deferring segments and allowing them to fall into the next more expensive rehab category. By calculating the cost of deferral, the sequence also identifies the “Need Year” of each segment and prioritizes the highest cost of deferrals while focusing on selecting critical roads that are within a few points of dropping into the next category. The “Deferred Unit Cost” sequencing is traditionally combined with the customized criticality assignments in an effort to generate a truly financially optimized pavement management program.

EXHIBIT "A" Exhibit "A" - 20
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To further enhance upon optimization, Project Manager and Senior Pavement Engineer, Scot Gordon looks forward to visiting with City staff on other innovative considerations to pavement management such as including OCI of curb and gutter in selecting roads for maintenance; whether or not to deduct for potholes if the City has a pothole repair crew; how to get all council districts above a specific PCI threshold; and focused analysis on top traveled corridors where you are improving the level of service on the roads receiving the greatest traffic while also analyzing the impacts to the remainder of the network.

For example, Scot performed additional analysis scenarios for the City of San Antonio to identify variable funding needs to achieve and maintain the set goals for each Council District (minimum PCI of 70), based on pavement condition performance. To accomplish this, Mr. Gordon worked with the City to determine the proper mix between preservation and reconstruction within each of the 10 Council Districts to achieve the minimum baseline number of a PCI of 70 per district.

For example, in the City of Fort Worth, Scot worked with City Staff to incorporate curb and gutter as a factor in street selection for maintenance. In addition, the previous evaluation deducted for potholes in their PCI score, while the most recent survey reversed this decision as their crews were repairing these distresses daily and a preference to not have potholes influence the PCI value were expressed.

For the City of Durham, NC we used the most recent census data and the City’s Federal Information Processing Series (FIPS) codes to review social-economic factors such as median household income and racial diversity to further factor optimization to ensure equal street maintenance across the City.

Each of the examples above were combined with sound financial optimization that allowed for a truly customized multi-year plan that met the needs of local constituents, elected officials, and City staff.

Optional Services: RAS Data Viewer & Videologger (Additional Fee) If the City desires web-hosted condition photos, as an optional service RAS can provide the City with the RAS Videologger which is a web hosted full-service image viewer that allows our clients to select a section of roadway from the GIS-based map to visually display the inventory elements and the results of their survey. The viewer is hosted on a reliable web platform such as Amazon Web Services (AWS). The RAS Videologger allows the City to load pavement and ROW imagery for a specific location within the City and sequentially travel down the roadway. If needed within the Videologger, the City can load high-resolution images to provide more detailed site investigation while displaying OCI, PCI, and IRI data for the selected section. In addition, the Videologger houses the Ladybug Panoramic ROW imagery, LCMS downward pavement imagery, PCI scores, and right of way inventories.

Following the Pavement Condition Assessment, all LCMS-2 camera imagery will be loaded to the videologger with each image resulting in 1 mm-pixel resolution and horizontal resolution of 4,000 pixels.

EXHIBIT "A" Exhibit "A" - 21
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RFP-23-046
Proprietary Information V.D Value-Added Services P. 6
Optional Services: Detailed Sidewalk and Ramp Condition Assessment (Additional Fee) RAS can provide the City with a detailed and comprehensive sidewalk condition assessment. The expanded scope would include utilizing one or more e-bikes (PROWagonTM) to drive every sidewalk for assessment and digital image capture. The data collection would happen independently of the street assessment as the PROWagonTM was designed specifically for sidewalk condition assessments. The PROWagonTM is equipped to accurately capture individual distresses for a 0-100 sidewalk condition index (SCI).

Upon completion of the
sidewalk network HD
video capture, the imagery
is processed using a
custom rating application
that begins the process by
linking the corresponding
imagery to its appropriate
sidewalk segment. From
here, the rating software is
utilized by each RAS
Sidewalk Inspector to
individually map all moderate/severe distresses (distress type following Banning’s distresses, distress severity, & XY coordinate), allowing RAS to develop heat maps for each distress type with XY locations.

Each distress encountered is tagged to the corresponding sidewalk image and assigned the image XY for mapping purposes.

The individual distress data is then processed to calculate a distress density per sidewalk segment and calculate a Sidewalk Condition Index (SCI) using the distress data collected in the field such as surface deterioration or spalling, missing pavement, vertical displacements, holes or cracks, missing or damaged castings, and root intrusion.

EXHIBIT "A" Exhibit "A" - 22
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Exhibit “A”-23
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 City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

SPECIAL REQUIREMENTS
None
174
Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the rates set forth in Exhibit “C-1:

III. 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 Services 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-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 175
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
176
Exhibit “C
-1”-2
177
Exhibit “D”- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule provided by the City’s contract manager.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
178
Exhibit “D
-1”-1
11303-0008\2344655v8.doc
179

REQUEST FOR PROPOSAL

FIXED ASSET INSPECTION AND INVENTORY ASSESSMENT
RFP-23-046

CITY OF BANNING, CA
http://www.banningca.gov
RELEASE DATE: February 3, 2024
DEADLINE FOR QUESTIONS: March 4, 2024
RESPONSE DEADLINE: March 28, 2024, 11:59 pm
RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/banning-ca
180
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
I. Notice ........................................................................................

II. Introduction ..............................................................................

III. Prerequisites .............................................................................

IV. Scope of Work ...........................................................................

V. Vendor Questionnaire...............................................................

VI. Submission Instructions And Inquiries......................................

VII. Evaluation Criteria.....................................................................

VIII. Terms And Conditions...............................................................

Attachments:

A - Professional Services Agreement Sample
181
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
I. Notice

REQUEST FOR PROPOSALS (RFP)
Fixed Asset Inspection and Inventory Assessment
Dear Proposers:

The City of Banning (hereinafter referred to as the “City”) is requesting proposals from a qualified public entity or private firm, to establish a contract for the scope of services outlined in this request for proposals.

NOTICE IS HEREBY GIVEN that online price and document submittals must be uploaded to the online bidding system in accordance with the instructions included herein, on or before the time and date set forth in the schedule of events. It shall be the responsibility of the proposer to upload their proposal before the announced time. However, responses may be submitted at any time prior to the deadline. (Submitted proposals may be withdrawn and resubmitted at any time prior to the deadline, and cannot be viewed by City staff until the close date and time.) SOLICITATION DOCUMENTS: To obtain a copy of the solicitation documents, please visit https://procurement.opengov.com/portal/banning-ca. If you are not currently registered with the City of Banning through OpenGov, please create an account and subscribe to this project for notifications. Proposals may only be submitted by companies who are listed as a prospective bidder on the electronic bidding website for each project that they wish to submit a response to.

Firms must also check the web site periodically for addenda information as failure to download and acknowledge any and all addenda in the submittal will result in proposer disqualification.

RESPONSIVE PROPOSALS: Once listed on the prospective bidders list, companies may submit their proposals on the electronic bidding system. The City will not accept proposals submitted by companies who are not on the prospective bidders list, or from companies who have submitted a proposal via facsimile, email, mail, or any other format not permitted by this solicitation. Further instructions for submitting proposals are explained in this solicitation. Companies are to adhere to all of the submittal instructions and requirements outlined in this solicitation in order to be considered responsive to this request for proposals.

The City reserves the right to reject any and all proposals and to waive information and minor irregularities in any proposal received.
182
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
II. Introduction
II.A Summary
The City of Banning (“City”)is seeking a qualified consulting firm to prepare a fixed asset inspection and inventory assessment of its street, sidewalk and storm drain networks and appurtenance and entering this information into the Cartegraph Asset Management Software. Staff will be in contact with the firms responding to the RFP once the proposals are received and a determination is made on interviews, if any, that will be held and when. The City anticipates entering into a Professional Services contract after negotiations with the selected firm, based on the selection committee’s ranking of the firms.

The City is soliciting a Request for Proposal (RFP) from qualified consultant firms that have experience in fixed asset inspections, inventory and assessment of street, pavement, sidewalk and storm drain conditions and inputting the resulting information in the Cartegraph Asset Management software. Experience in these types of inspections, assessments and the Cartegraph Asset Management system is an essential criterion for selection. The inventory will be used as the City continues to develop budgeting and Master Plan forecasting abilities.

Title VI Solicitation Notice: The City of Banning, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this Request for will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

II.B Background
The City of Banning is strategically located astride Interstate 10 between the Inland Empire and the Coachella Valley in the San Gorgonio Pass. The City, incorporated in 1913, has a rich and colorful history.

Initially Banning served as a stagecoach and railroad stop between the Arizona territories and Los Angeles. This history has contributed to the present-day spirit of pioneer resourcefulness and "can do" attitude that is so prevalent in the community.

The City of Banning (City) is a rapidly growing community located in the San Gorgonio Pass along Interstate 10 between Los Angeles and Palm Springs. The corporation limits of Banning cover approximately 23.2 square miles serving over 30,000 residents. Banning is a full service general law city, providing typical municipal services, as well as a City owned electric utility, water utility, wastewater utility, transit agency, and airport. The City’s facilities were constructed as far back as the 1920’s. Most of the City’s fixed asset records are currently maintained on an Excel spreadsheet or in a GIS based system, Nobel. These records do not provide sufficient detailed information to properly control, maintain and monitor fixed assets, determine Level of Service (LOS), remaining useful life, replacement costs, etc.
183
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
These inventory and physical inspection services are required so the information can be entered into the City’s Asset Management system, Cartegraph.

The classification of work includes:
• Transportation: Pavement, Signs, Markings, Supports, Light Fixtures, Guardrails • Walkability: ADA Ramps, Sidewalks, Trees, Signs, Light Fixtures • Stormwater: Pipes, Inlets, Outlets, Catch Basins, Retention Basins, Channels, Culverts, Manholes, Outfalls, Trash Capture Devices
The City will contract with the selected Consultant to develop a fixed asset inventory, a master maintenance plan, and associated cost analysis for the street and sidewalk networks, storm drain system, and appurtenances. The inventory collection includes geo-locating (GPS data) all the assets on site, condition/age of the assets, creation of a preventative and long-term maintenance schedule/monitoring/recommendations, collection of warranty information if available, including suggested frequencies of maintenance, and an assessment of the condition of the asset. The physical inventory is needed to collect the asset information and then the information will be loaded into the Cartegraph software.

The selected firm will receive any asset information the City may have for the street and sidewalk facilities and storm drain plans. Some information is available on the City’s GIS system, Nobel which will be made available to the consultant and some information is not available at all.

II.C Contact Information
Barbara Mason
Purchasing Manager
99 E. Ramsey Street
Banning, CA 92220
Email: [email protected]
Phone: (951) 922-3121
Department:

Purchasing Division
II.D Timeline
This request for proposal will be governed by the following tentative schedule. All dates are subject to change at the discretion of the City.

Release Project Date February 3, 2024
184
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
Pre-Proposal Meeting (Mandatory) February 26, 2024, 9:00am Microsoft Teams Meeting:
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_Yzc0ZTU1NGUtM2Q5YS00 OWNiLWEwM2QtMzE4MGJkMDAwOTI5%40thr
ead.v2/0?context=%7b%22Tid%22%3a%2228c
b6a6f-78fe-445d-acfdcf07066168f7%22%2c%22Oid%22%3a%22f9c1 cfd3-52ec-497e-81d5-e375c8c28269%22%7d
Meeting ID: 296 437 816 967
Passcode: NWDpys
Question Submission Deadline March 4, 2024, 11:59pm
Proposal Submission Deadline March 28, 2024, 11:59pm
Anticipated Contractor Selection Date April 10, 2024
185
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
III. Prerequisites
Proposals will only be considered from Companies that meet the following prerequisites:

III.A Years of experience
Have at least five (5) years’ of experience, within the past eight (8)years under a legally registered business name, in providing services of a similar type and scope as described in the Scope of Services. Have not filed for bankruptcy under any business name over the past five (5) years.

III.B OpenGov Registration
Have created an account on OpenGov. Companies can register at:
https://procurement.opengov.com/portal/banning-ca.

Once registered, Companies must download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Companies that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP.

III.C Mandatory Pre-Proposal Meeting
All prospective Companies must attend the mandatory pre-proposal meeting on Monday, February 26, 2024 at 9:00 am to be held at:

Microsoft Teams Meeting: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_Yzc0ZTU1NGUtM2Q5YS00OWNiLWEwM2QtMzE4MGJkMDAwOTI5%40thre ad.v2/0?context=%7b%22Tid%22%3a%2228cb6a6f-78fe-445d-acfdcf07066168f7%22%2c%22Oid%22%3a%22f9c1cfd3-52ec-497e-81d5-e375c8c28269%22%7d Meeting ID: 296 437 816 967 Passcode: NWDpys
Attendance is mandatory at the pre-proposal meeting. The meeting will begin promptly at the time listed in the schedule. No admittance will be allowed once the meeting has begun.

Proposals from prospective Proposers not in attendance at this mandatory meeting will not be considered.

III.D Licenses
If applicable, Company and/or its key personnel, shall hold an appropriate license for the Company’s discipline and the Services on the date the Proposal is submitted.

III.E Department of Industrial Relations Registration
If applicable, Company shall have registered with the Department of Industrial Relations and any other required organizations.
186
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
IV. Scope of Work
IV.A Scope requirements
The following Scope of Work tasks must be listed and addressed on the proposal submitted to the City:

Suggested Task Breakdown, consultant is encouraged to add more, this is a guideline:
• Task 1. Project Management and Research
• Task 2. Physical Inspection, Inventory and Data Collection • Task 3. Preparation of Summary Report
• Task 4. Additional Services
IV.B Preliminary Scope of Work
The Preliminary Scope of work is identified below. Upon selection of a qualified firm, the City of Banning and Consultant will negotiate the Scope below and associated Fee. If an agreeable Scope and Fee are not agreed upon, the City of Banning reserves the right to open negotiations with the next most qualified firm.

IV.C Project Management and Research
Project Schedule – Provide a tentative project schedule for the Scope of Work from start to completion. Assume a start date of April 1, 2024 and end date of August 2024.

Kick-off Meeting
Upon receipt of a written Notice to Proceed from the City of Banning, consultant shall conduct a kick-off meeting with the City to review the scope of the project, develop a project schedule timeline and confirm deliverables. The project schedule shall include each task and subtasks, deliverables, milestones, critical path designation and a schedule for progress meetings.

Project Milestone/Monthly Meetings
Consultant shall prepare a project execution schedule with major milestones to the City of Banning for approval. Consultant shall prepare regular progress reports, meeting Agendas and Minutes for the City of Banning staff. Assume that a minimum of 5 meetings (kick-off meeting, 3 progress meetings, final submittal meeting) will occur during the project and include this in the Schedule. Assume all meetings will be done by phone/remotely.

IV.D 1. Perform Physical Inspection and Inventory
Consultant will coordinate the inspection of assets that require traffic control or access to City assets with the Public Works Dept. The inventory collection includes photographs and/or digital 187
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
mapping of all assets, geolocating all assets, and providing other data as detailed below. These are the minimum expected data for each asset category. If through proprietary processes, AI, or standard practice, additional data is provided, please detail in the scope of work.

Consultant will provide a physical inspection and inventory of City fixed assets and will prepare accounting records for the following fixed asset categories:

1. i. Transportation and Traffic:

I. Pavement (Photograph and/or digital mapping, geolocation, condition assessment)
II. Pavement Condition shall be collected and input into the Cartegraph Asset Management System with the following properties; Pavement Surface Type, Functional Class, Number of Lanes, Street Name, Length and Width.

Additionally, the pavement assessment shall identify pavement distresses consistent with MTC-published "Pavement Condition Index Distress Identification Manual for Flexible Pavements" and "Pavement Condition Index Distress Identification Manual for Rigid Pavements" and identified with the following distresses; Alligator Cracking, Block Cracking, Distortions, Longitudinal and Transverse Cracking, Patch and Utility Cut Patch, Rutting & Depression, Raveling, Weathering
III. Signs (Photograph, geolocation, condition assessment, MUTCD Identifier) IV. Markings (Photograph and/or digital mapping, geolocation, condition) V. Supports (Photograph, geolocation)
VI. Light Fixtures (Photograph, geolocation)
VII. Guardrails (Photograph, geolocation)
ii. Walkability:

I. ADA Ramps (Photograph, geolocation, condition)
II. Sidewalks (Photograph, geolocation, condition)
III. Trees (Photograph, geolocation)
IV. Signs – Covered with above scope
V. Light Fixtures - Covered with above scope
i. Stormwater: Please note that the City of Banning will provide current GIS layers for these elements as reference material and to eliminate the need to search City streets to locate.

I. Pipes (not in scope, will be added through separate City means) II. Inlets (Photograph, geolocation)
188
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
III. Outlets (Photograph, geolocation)
IV. Catch Basins (Photograph, geolocation)
V. Retention Basins (above ground basins only, photograph, geolocation) VI. Channels (not is scope, will be added through separate City means) VII. Culverts (Photograph, geolocation)
VIII. Manholes (Photograph and/or digital mapping, geolocation) IX. Outfalls (Photograph, geolocation)
X. Trash Capture Devices (Geolocation)
Property accounting records should include the following information for each fixed asset:
• ID number/Asset Identifier
• Location (geo coordinates for GIS system)
• Photos
• Asset Category
• Asset Description
• Condition Assessment (As applicable)
IV.E PREPARATION OF SUMMARY REPORT
Prepare a Letter of Certification with a narrative Report certifying the fixed asset count and documenting the procedures used. A final summary Report shall include: assets found and content; assets not currently being used or in an unserviceable condition; missing assets and steps taken to locate them; assets in a state of disrepair/disuse and recommendations for developing a comprehensive replacement schedule with projected cost estimates.

A Draft Report will be submitted to the City for review and comment and presented at one of the progress meetings. Final comments will be incorporated and a Final Draft Report will be submitted for final review and then finalized.

IV.F ADD DATA TO CARTEGRAPH ASSET MANAGEMENT SYSTEM
The Consultant will be responsible for uploading all information into the City’s Asset Management Software (Cartegraph) within 30 days after collection of data. Consultant shall work with City Staff and Cartegraph implementor to add data and compatible information to pre-determined layers with appropriate asset details.

The City, in coordination with Cartegraph, will provide data details for each asset category. 189
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
IV.G OPTIONAL TASK

ADDITIONAL SERVICES
Consultant is encouraged and expected to identify any additional work/tasks and further define task details that are not specified in this Preliminary Scope of Work that would be, in its’ opinion, necessary to complete the project as defined herein. Consultant may propose additional services that in its’ opinion will improve the efficiency and quality of the project. 190
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
V. Vendor Questionnaire
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Company’s demonstrated capability to perform work of this type. Emphasis should be concentrated on completeness and clarity of content. Proposals shall adhere to the following format for organization and content. Proposals must be typed and arranged/divided in the following sequence to facilitate evaluation.

V.A Cover Letter*
The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter shall include a brief summary of Company’s qualifications and Company’s willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. The letter must identify a single person for contact during the RFP review process. *Response required
V.B Proposal*
A. Statement of Understanding and Approach
o This section must demonstrate an understanding of the Services. It should describe the general approach, organization and staffing required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section.
o This section should include the following:
▪ An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.
▪ Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. ▪ Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments.
▪ Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.
191
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
▪ Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider proposals that offer alternative service delivery means and methods for the services desired.
▪ Proposers are also requested to identify any City owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the City in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the City, if applicable.

B. Company Information
o This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.
o The proposer should provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards in the U.S. General Accounting Office's Government Auditing Standards (1994). o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.

C. Company Personnel
o This section shall contain names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the Services. Members of the Company’s professional team (managers, contact person, etc.) should be identified by name, title, phone number, and description of the portion of work they will be assigned to perform under this Agreement. Also include major subcontractors (if any) and their degree of involvement in this program. If the Company is including any subcontractors, the Company shall identify how long the Company has worked with the subcontractor. o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

D. Disclosure
o Please disclose any and all past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family 192
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
member of any current Banning elected official, appointed official, or City employee.

Any past or current business relationship may not disqualify the firm from consideration.

E. Experience and References
o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in the Prerequisites with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.
o Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include client names, addresses, telephone numbers and e-mail addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates. Each reference shall contain:
▪ Client name and contact information (position, entity name, telephone number, fax number and email address).
▪ Project description and size.
▪ Role of key project team members.
▪ Construction Value (if applicable).
▪ Dollar value of the fee
▪ Description of services
▪ Was the project completed within budget and schedule
▪ Staffing
o Only references of the prime consultant shall be considered, or references from project teams that have completed at least 3 projects together. The Consultant shall also list projects completed for other agencies. References will be contacted as part of the selection process.
*Response required
V.C Price Proposal*
All proposals submitted shall have a stated dollar bid amount for providing the services outlined in the Scope of Services. The total shall be an all-inclusive maximum price and to contain all direct and indirect costs including all out-of-pocket expenses with a full and complete breakdown of all said costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., for the first year's audit engagement.
193
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
In addition, a statement must be included in this section that if the proposer is charging travel costs, the proposer's charges invoiced to the City for travel, lodging and subsistence shall not exceed the current IRS rates.
*Response required
V.D Value Added Services
Please describe any value-added services your company offers that may be of use to the City V.E Evidence of Insurance*
In addition, the Company shall provide evidence of possession of insurance in the coverage and amounts listed in the Sample Agreement.

City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in contract sample.
*Response required
V.F Vendor Forms
Please download the below documents, complete, and upload. • New_Vendor_Packet.pdf
V.G Type of Business*
☐ C Corporation
☐ S Corporation
☐ Limited Liability C Corporation
☐ Partnership
☐ Limited Liability Partnership
☐ Sole Proprietor/Individual
☐ Other
*Response required
V.H Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
*Response required
194
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
V.I EX PARTE COMMUNICATIONS CERTIFICATION*
I certify that Bidder and Bidder’s representatives have not had any communication with a City Councilmember concerning this RFP at any time after the date and time that this RFP was publicly advertised.
☐ Yes
☐ No
*Response required
V.J EX PARTE COMMUNICATIONS CERTIFICATION CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
V.K DISQUALIFICATIONS QUESTIONNAIRE*
Has the Company, any officer of the Company, or any employee of the Company who has proprietary interest in the Company, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
☐ Yes
☐ No
*Response required
V.L DISQUALIFICATIONS QUESTIONNAIRE CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
V.M DISCLOSURE OF GOVERNMENT POSITIONS*
Each Bidder shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." *Response required
V.N CERTIFICATION COMPLIANCE*
Please download the below documents, complete, and upload. • Certification-Compliance_wi...
*Response required
195
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
V.O Acceptance of Terms and Conditions – Submission of a proposal pursuant to this RFP shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in this RFP and Sample PSA.* ☐ Please confirm
*Response required
196
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
VI. Submission Instructions And Inquiries
VI.A Inquiries
If prior to the date fixed for submission of Proposals, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this RFP or any of its appendices, exhibits or attachments, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the RFP.

If a Company fails to notify the City, prior to the date fixed for submissions of Proposals, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.

All communications regarding technical, scope, and/or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System, ProcureNow, before the deadline and according to these specifications herein. Any and all other bidding communications shall only be with Barbara Mason, Purchasing Manager, at (951) 922-3121.

The Final day for receipt of questions from the Proposer shall be on or before the due date indicated in the schedule of events section. To ensure fairness and avoid misunderstandings, all communications must be in written formatand submitted only in the format set forth above. Any verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP that will be posted on the City’s website. Any communications, whether written or verbal, with any City Councilmember, City staff, or RFP evaluation panel member other than the individual indicated above, prior to award of a contract by City Council, is strictly prohibited and the Proposer shall be disqualified from consideration.

VI.B Completion Of Proposal
Proposals shall be completed in all respects as required by this RFP. A proposal may be rejected if conditional or incomplete, or if it contains any alterations or other irregularities of any kind, and will be rejected if any such defect or irregularity can materially affect the quality of the proposal. Proposals which contain false or misleading statements may be rejected. If, in the opinion of the City’s Selection Committee, such information was intended to mislead the City in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, the proposal will be rejected. Statements made by a Company shall also be without ambiguity, and with adequate elaboration, where necessary, for clear understanding.

Unauthorized conditions, exemptions, limitations, qualifications, or provisions attached to a Proposal will render it non-responsive and will cause its rejection. 197
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
The Company, in responding to this RFP, must submit Proposals in the format identified in this RFP. The Proposal must address all requirements of the RFP even if a “no response” is appropriate.

Costs for developing Proposals are entirely the responsibility of the Company and shall not be chargeable to the City. The City shall not be liable for any costs incurred in response to this RFP, including but not limited to, costs for any interviews, presentations, or other follow-up information necessary as part of the selection process. All costs shall be borne by the Company responding to this RFP. The Company responding to this RFP shall hold the City harmless from any liability, claim, and expense whatsoever incurred by or on behalf of the Company.

VI.C Delivery / Submission Of Proposals
The Final day for submission of proposals shall be on or before the due date indicated in the schedule of events section.

Companies shall register on the City’s Electronic Bidding System, https://www.banningca.gov/bids. Once registered, Companies must download the RFP while logged in under their own name and identification number to appear on the Current Prospective Bidders List as a “Prospective Bidder.” Companies that fail to download the RFP will not appear on the Current Prospective Bidders List and their proposals will be considered non-responsive. If a Company is unable to register or download the RFP from the bidding website, a representative may contact ProcureNow.

All proposal documents and supplementary documents must be uploaded using the City’s bidding website prior to event date and time as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from the bidding website.

The City reserves the right to reject any and all proposals and to waive information and minor irregularities in any proposal received.

Acceptance of Terms and Conditions - Submission of a proposal pursuant to this RFP shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in this RFP.

The time and date are fixed, and extensions will not be granted unless specifically stated by the City in an addendum to this RFP. Proposals not received before the bid event time will not be accepted.

VI.D Alternative Proposals
Only one proposal is to be submitted by each Company for this RFP. Multiple simultaneous proposals will result in rejection of all Proposals submitted by Company. A Company may, prior to the proposal due date and time, withdraw a proposal and submit a new proposal, so long as the new proposal is submitted before the proposal due date and time. 198
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
VI.E Examination Of RFP And Sites Of Work
The Company shall carefully examine the RFP and all sites, if applicable, of the work contemplated. The submission of a Proposal shall be conclusive evidence that the Company has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Proposal, RFP, and other Contract Documents.

By submitting a Proposal, the Company hereby certifies that it has: examined the local conditions, read each and every clause of this RFP, included all costs necessary to complete the specified work in its proposed prices, and agrees that if it is awarded the Contract it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any provision of the Contract. Should the conditions turn out otherwise than anticipated by it, the Company agrees to assume all risks incident thereto.

VI.F Addenda
Unless otherwise specified, any addenda issued during the time of bidding must be acknowledged electronically via the City’s Bidding Website, which will be made part of the proposal. Addenda notifications will be provided to those listed on the Electronic Prospective Bidder’s List via email.

VI.G Withdraw Of Proposals
All proposals shall be firm offers and may not be withdrawn for a period of one hundred twenty (120) days following the deadline date for submission of proposals noted herein. Submitted Proposals may be withdrawn at any time prior to the submission deadline.

VI.H Pre-Proposal Meeting
There will be a mandatory pre-proposal meeting on Monday, February 26, 2024 at 9:00 am. The meeting will be located at Microsoft Teams Meeting: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_Yzc0ZTU1NGUtM2Q5YS00OWNiLWEwM2QtMzE4MGJkMDAwOTI5%40thre ad.v2/0?context=%7b%22Tid%22%3a%2228cb6a6f-78fe-445d-acfdcf07066168f7%22%2c%22Oid%22%3a%22f9c1cfd3-52ec-497e-81d5-e375c8c28269%22%7d Meeting ID: 296 437 816 967 Passcode: NWDpys. Attendance is required in order to submit a proposal.
199
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
VII. Evaluation Criteria
The City reserves the right to amend, withdraw, and cancel this RFP. The City also reserves the right to reject all responses to this RFP at any time prior to agreement execution. Furthermore, the City reserves the right to request additional information about any and all Proposals, that in City’s opinion, is necessary to assure that the Company’s competence, number of qualified employees, business organization, experience, and financial resources are adequate to perform the Services.

All Proposals shall be reviewed to verify that the Company has met the minimum requirements as stated in this RFP. Proposals that have not followed the rules, do not meet minimum content and quality standards, and/or do not provide references will be rejected as non-responsive.

Responsive proposals will be evaluated on the basis of the criteria below. If needed, interviews will be scheduled during or after the week indicated in the “Schedule of Events” section.If needed, interviews will be conducted by the same members on the proposal evaluation panel.

Dates, times, and a location will be coordinated at that time if interviews are deemed necessary after the evaluation of responsive proposals. If interviews are deemed necessary, candidates who have submitted the highest scoring proposals within a competitive range as determined by the City will be invited to participate in the interview process.

The selected Company shall then enter into exclusive negotiations with the City to formalize the Scope of Service and Compensation. Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If the City is unable to obtain a fair and reasonable price or cannot reach agreement regarding the terms for the Scope of Services, then the City will end negotiations with that Company and begin negotiations with the next Company which best meets the needs of the City, and so on until a City and the Company reach agreement.

The City intends to select the Company that offers the best value to the City based on the criteria outlined above.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications
Includes: Consultant team’s overall experience
and qualifications, and qualifications (licenses,
education) of the project manager, sub
consultants and key consultant staff assigned to
the project to demonstrate competence to
perform these services. This shall include
individual staff’s prior experience completing
similar fixed asset inspections, inventories,
assessments and related projects. Include
depth of knowledge of Cartegraph Asset
Management system requirements, fixed asset
policies and procedures.

Points Based 25
(25% of Total)
200
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment

2. Pricing Points Based 10
(10% of Total)

3. Experience (Projects of similar size and
scope)/Capabilities
Includes: Recent experience with completing
similar fixed asset inspections, inventories,
assessments, and related projects and the
Cartegraph Asset Management system, and
performing similar work for other
agencies. Include knowledge of State
regulations, policies, and procedures and any
experience with projects in Banning. List similar
projects, agencies and project contract amount
and final project costs (if over/under budget)
Points Based 25
(25% of Total)

4. Professional References
Includes: References from other clients, was
project completed on time and within budget.

Points Based 10
(10% of Total)

5. Understanding of the Project / Approach and
Methodology
Includes: Project approach (implementation
plan), methodology and how tasks would be
accomplished specifically for the City of Banning,
addressing all the Scope of Work Tasks (Task
breakdown) listed below, QA/QC, schedule,
deliverables, and overall responsiveness to the
RFP. Provide a detailed description of the
approach and methodology to be used to
accomplish the Scope of Work of this RFP.

Points Based 30
(30% of Total)
201
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
VIII. Terms And Conditions
VIII.A Contract Terms And Conditions
The successful company will be required to execute the City's standard agreement (“Agreement”). A sample is attached herein. The successful company must meet all insurance requirements in the Agreement. All terms and conditions of the Agreement are non-negotiable.

Companies must possess valid City of Banning Business License throughout the term on the contract. Failure to execute the Agreement and furnish the required insurance within the required time period shall be just cause for the rescission of the award. If any of the successful Companies refuse or fail to execute the Agreement, the City may award the Agreement to the next most qualified Company.

VIII.B Public Records
All Proposals submitted in response to this RFP become the property of the City and pursuant to the Public Records Act (Gov. Code, § 6250 et seq.) are public records, and as such may be subject to public review at least 10 days before selection.

The Company must notify the City in advance of any proprietary or confidential materials contained in the Proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order that the Company may obtain. Note that under California law, price proposal to a public agency is not a trade secret.

Submission of a proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the nondisclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.

The City reserves the right to make use of any information or idea contained in the Proposal. All materials, ideas and formats submitted in response to this RFP will become the property of the City upon receipt.
202
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
VIII.C Conflict Of Interest
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

VIII.D Rejection Of Proposals
The City may reject any/or all Proposals and may waive any immaterial deviation in a Proposal.

The City’s waiver of an immaterial defect shall in no way modify this RFP or excuse the Company from full compliance with this RFP and/or the Contract Documents if awarded the Contract.

Proposals that include terms and conditions other than City’s terms and conditions may be rejected as being non-responsive. The City may make investigations as deemed necessary to determine the ability of the Company to perform the work, and the Company shall furnish to the City all such information and data for this purpose as requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Company fails to satisfy the City that such Company is properly qualified to carry out the obligations of the Agreement and to complete the work described herein.

VIII.E Protest Procedures
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the proposal procedure which are apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to submission date of the proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within forty-eight hours from receipt of the notice from the City advising of staff’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The RFP Facilitator will respond to the protest in writing at least three days prior to the meeting at which staff’s recommendation to the City Council will be considered.

Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to the scheduled meeting.
203
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
VIII.F Cancellation
The City retains the right to cancel this RFP at any time, should it be deemed to be in the best interest of the City. No obligation either expressed or implied exists on the part of the City to make an award based on the submission of any proposals. 204
City of Banning

REQUEST FOR PROPOSAL
Fixed Asset Inspection and Inventory Assessment
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: _____________
Kevin G. Ennis, Esq., Date
City Attorney

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 205
Roadway Asset Services, LLC 6001 W Parmer Lane, Suite 370-1102 Austin, TX 78727 210-837-5249 March 28, 2024
Barbara Mason, Purchasing Manager
Purchasing Division
99 E. Ramsey Street
Banning, CA 92220
Dear Barbara Mason and Selection Committee Members:

Roadway Asset Services, LLC (RAS) is pleased to submit this proposal for the City’s Fixed Asset Inspection and Inventory Assessment (RFP 23-046). The RAS management team is composed of industry experts who bring over a combined 150 years of experience and have managed 100,000 miles of pavement condition and asset inventory data in the last 5 years. Specifically, our team will provide the following:
 Unrivaled Municipal Experience in the
Southwest– Our engineering firm is comprised of
industry experts assisting municipalities in the field
of pavement and asset management. Throughout
their careers, the RAS leadership team has
managed pavement data and ROW asset
collection for 10 of the 20 largest U.S. Cities. RAS
has managed the following pavement and asset
condition assignments: Rancho Palos Verdes, CA;
Salt Lake City, UT; Albuquerque, NM; Las Cruces,
NM; Farmington NM; West Jordan, UT; Denver,
CO; Gilbert, AZ; Pima County, AZ; Coconino County,
AZ; and Sedona, AZ. We understand asset
management is a commitment to long-term goals
that must be flexible enough to evolve with the priorities of the City.  Automated Data Collection Technology – The RAS team owns and operates a fleet of four advanced automated data collection vehicles for use in the development of PCI, IRI, and OCI results. Our team uses the latest technology (LCMS-2 and Ladybug 360 cameras) to collect ASTM D6433 distresses along with other right-of-way asset attributes. The RAS approach to right of way asset inventory development can harness the power of photogrammetry for attribution assignment.  Unmatched Cartegraph OMS Experience and Exclusive
Partnership– As a preferred 3rd party business partner, our team can provide full-service implementations including install, distress data import, Scenario Builder configuration, training sessions with City staff on Cartegraph’s operation, and budgetary modeling to improve OCI results for various districts or the entire network.

The RAS team routinely develops the data import sheets following the Cartegraph schema requirements and using the Cartegraph import/export user interface. While not currently included in the scope of services, the RAS team is well versed with Scenario Builder and commonly assists municipal agencies with the assignment of rehabilitation activity triggers, development of Supersegments through the use of Automation Manager and financial optimization using “Cost of Deferral” sequencing as a part of the prioritization logic. To ensure the highest degree of familiarity The RAS Team Advantages
• Expert Consulting: A dedicated executive team,
with each member having at least 17 years of
pavement management experience.
• Data Collection Procedures: Leverage state-ofthe art data collection technology and in-house developed AI tools for confidence in the data.
• Cartegraph Implementations: Work with a team
that will ask the right questions and provide the
right information to manage your assets.
• Communication and Partnership: Expect a
detailed and organized team approach that truly
is focused on the goals of the City.
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Roadway Asset Services, LLC 6001 W Parmer Lane #370-1102 Austin, TX 78727 210-837-5249 with the Cartegraph interface, RAS has assigned our Director of Deliverables, Jeff Booth, MBA, to review the import sheets. Mr. Booth previously served as Cartegraph’s Senior Vice President of Services for over 10 years.
 Unrivaled offering of ROW data sets - RAS will conduct a ROW asset needs assessment to examine the City’s existing data sets and gaps in desired attributes. For the pricing of this propsal, RAS has selected a traditional methodology of photogrametry collected by the Ladybug 360 degree camera to capture location and imagery. Additional attribution for selected assets will be discussed as an optional service with City Staff.
 Local Knowledge and Understanding– While RAS is an industry expert in the use of automated technologies and Cartegraph integrations, we have also teamed with Bucknam Infrastructure Group, Inc. to conduct an independent field QC of the 10-mile pilot distress data that is delivered to the City for review. As a local pavement management consultant, Bucknam will provide in-field ASTM D6433 verification of the RAS automated pavement condition data. RAS and Bucknam Infrastructure Group represent a powerhouse of pavement management expertise when combined as a unified team and have previously worked together on Pavement Condition Assessments for Rancho Palos Verdes and Pomona. Bucknam Infrastructure Group has assisted more than 70 Southern California local agencies in Pavement Management Programs
We look forward to building a long-term relationship with the City of Banning. RAS intends to perform all the requested services and has reviewed/understood all elements of the RFP including Addendum 1, Addendum 2, and Questions & Answers in OpenGov. RAS is willing to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. RAS’ main point of contact and authorized negotiator for contract terms and binding decisions is Bart Williamson, FCLS. He can be contacted at (210) 837-5249 and [email protected].

Sincerely,
Bart Williamson, CEO
Roadway Asset Services, LLC.
6001 W Parmer Lane
Suite 370-1102
Austin, TX 78727
207

City of Banning, California
Proposal for Fixed Asset Inspection & Inventory
Assessment
RFP 23-046
Prepared by:

Roadway Asset Services, LLC.
6001 W Parmer Lane
Suite 370-1102
Austin, Texas 78727
[email protected]
210-837-5249
208
Statement of
Understanding
& Approach
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 1
A. Statement of Understanding and Approach
A.1 Understanding of the City’s Requirements
The RAS team understands that the City’s Fixed
Asset Inspection and Inventory Assessment
includes the collection of approximately 150
centerline miles of paved roadways, signs,
markings, supports, light fixtures, guardrails, ADA
ramps, sidewalks, trees, inlets, outlets, catch
basins, retention basins, culverts, manholes,
outfalls, trash capture devices. RAS will utilize an
automated Roadway Asset Collection (RAC) vehicle
to collect imagery of the roadway and assets,
geolocate the assets, perform an object pavement
condition assessment, format pavement and asset data for import to Cartegraph OMS, and deliver a final summary report for the pavement and ROW assets.

At the close of the project, RAS will prepare and deliver a Letter of Certification with a narrative Summary Report certifying the asset count, methodology, documenting missing assets, assets in unserviceable condition and state of disrepair, and provide recommendations for developing a comprehensive replacement schedule with projected cost estimates.
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A.2 Project Approach
RAS’ project approach includes the management of tasks
by seasoned asset and pavement management
professionals who bring over a combined 150 years of
experience. The benefit of RAS on this assignment is that the team is dedicated to asset and pavement
management on a daily basis. This is their core focus as transportation professionals. The RAS team utilizes the Project Management Body of Knowledge (7th edition) to
define and adhere to the principles of planning. The
planning processes include organizing, scheduling, controlling, and coordinating.

Implementation Plan
RAS has experience in gaining stakeholder engagement through the facilitation of educational workshops and council meetings. RAS understands a crucial aspect to the successful implementation of data driven analysis results is getting approval from City officials and stakeholders. Our team utilizes the Account Ability AA1000ES Assurance Framework for Stakeholder Engagement that defines the management of multi-stakeholder bodies through a Materiality, Completeness, and Responsiveness lens. Project initiation will begin by coordinating with the City to identify various stakeholders and involved parties. After stakeholders have been identified, RAS will conduct workshops to discuss mutual goals with the data collection project and priorities for improvements in the City’s street network. RAS will eliminate bias based on our methodology for rating pavement distresses that follow the ASTM D6433-20 standards. City confidence in the data enables solutions to be made based on the represented rating of the network and reduces biases in decision-making.
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Task 1: Kickoff and Project Management
Kickoff Meeting
At the outset of the project, RAS will work in conjunction with City Staff to develop the initial scope of work and identify what tasks are critical to the City’s pavement management program. RAS will review the City’s existing GIS centerline files and Cartegraph database for use in this project. After an initial review, RAS will conduct the
Kickoff Meeting to discuss the GIS files,
requirements/considerations, deliverable formats, and
additional data needed by RAS for preparation and
project administration. During the kickoff meeting, RAS will present a project schedule and fees, identify tasks and milestones, review the methodology utilized, provide a
detailed quality assurance/quality control (QA/QC) plan, suggest a schedule for biweekly progress meetings, and
discuss goals for the project. In addition, team members will also determine a pilot area of approximately 10 miles for collection and review of all deliverables by City Staff.

We will also obtain a collection letter for field crew use and determine areas that are of greatest priority or that require special timing for collection due to festivals.

Capacity to Perform the Work
RAS has internal processes and partnerships that ensure the negotiated budget and timeline are maintained. One way RAS optimizes its field data capture is by collecting pavement condition data 7 days a week, which allows our team to remain ahead of schedule when events such as storms or other weather-related events do occur. In addition, RAS’ strength lies in our ability to mobilize additional equipment if the collection vehicles go down for maintenance. RAS operates a fleet of four data collection vehicles that are less than four years old and has a partnership with our equipment manufacturer/assembler who will provide replacement equipment or technical support within 48 hours. This level of service results in minimal downtime. 212
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RFP-23-046
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Project Schedule
RAS has presented the following schedule to demonstrate its efficiency in data collection, processing, quality assurance, and delivery of a final report. This schedule represents a realistic timeline to complete the work associated with the requested scope of work.

Task Description / Milestone Days
1 Project Initiation, Kick-Off, & Centerline
Identification 14
2 Field Mapping Development,
Segmentation Review, & Routing Setup
5 3a
Roadway Asset Collection (RAC) Vehicle
Mobilization/Calibration 2
3b RAC Pavement Distress & Imagery
Collection 50
4a
Pavement Evaluation, ASTM D6433 Data
Processing, & QC
105
4b Pilot Data Review with City Staff 2
4c
Independent ASTM D6433 Field Review
and Ground-Truthing 5
4d HD Digital Image Processing & Delivery 60
5a ROW Asset Inventory & Attribution 9
5b PCI Data Import to StreetSaver® 10
6a RAS & City Review of Final Data 20
6b Delivery of Report and Final Data 10
PM Schedule Project Status Meetings 10
CRITICAL PATH COMPONENTS Prep/GIS Database Work
Field Work
Extraction/Evaluation/QC Work
Final Deliverable
Month: Starting Upon Receipt of NTP
1 2 3 4 5
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Task 2: Pre-Survey GIS Mapping and Network Centerline Identification RAS will review the City’s existing GIS centerline and perform an audit of the data to ensure that all roads requiring data collection are surveyed. This will include a review of functional classes and coverage checks for major/divided roads (Wilson St, Highland Springs Ave, Sunset Ave, Ramsey St, Sun Lakes Blvd, Hathaway St.) that require twodirectional testing. The result will be a clean GIS centerline, ready for consumption of additional layers and attribution related to the pavement condition surveys and asset inventories.

All RAC vehicles operate within the appropriate ASTM and AASHTO standards and have been independently certified by Texas A&M Transportation Institute to ensure accuracy with the data collection.

RAS will calculate an ASTM D6433 PCI score using the detailed extent and severity distress data captured in the field for every segment, for all street functional classifications and the overall network. In addition, IRI values will be provided for all street functional classifications in accordance with the AASHTO R 57. The combined PCI and IRI data will be imported to Cartegraph to calculate the Overall Condition Index (OCI). 214
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RFP-23-046
Proprietary Information V.B Proposal P. 6
To complete the automated pavement condition survey, the RAS team will utilize RAC vehicles from the fleet of four (4), equipped with:
• The LCMS-2 camera is a downward-facing laser array providing images used to evaluate data that conforms with ASTM D6433 protocols, which uses two 1-millimeter-pixel resolution line scan cameras to provide a customized digital condition rating system to collect user defined severity/extent-based pavement distresses and rutting.
• The pavement distress type, density, severity, and extent are collected with the LCMS-2 and are used to calculate a Pavement Condition Index (PCI) score, between 0-100, that represents the condition of 100% of the driven lanes.
• Point Gray Ladybug 5+ 32MP 360-degree High-Definition camera (utilized for accurate ROW asset capture, extraction, and pavement QA/QC) is far superior to multiple independently mounted HD cameras. These images will be supplied to the City at no additional cost as the RAS team feels they are critical for City review and acceptance.
• Linear distance measuring to within +/-0.5%.
• A class 1 inertial profiler for simultaneously capturing dual-wheel path (left and right) International Roughness Index (IRI) measurements to the hundredth inch, in accordance with AASHTO R48. The profiler has gone through ASTM E-950 certification and wasindependently certified by Texas A&M Transportation Institute (TTI) in March 2024. The inertial profiler meets the requirements and will be operated in accordance with AASHTO Standards M 328, R 57-10, R 56-10, and R43M/R43-7. • Applanix POS/LV with DGPS (Provides accurate internal GPS navigation for geo-locating pavement and right of way asset information).

Ladybug 360⁰ Imagery
All collected pavement and ROW imagery will be provided in appropriate state plane coordinates while being collected in one continuous pass at posted roadway speedsfor residential roads and two pass-testing arterial and collectors. The high-definition panoramic Ladybug camera will be used to inventory and capture right-of-way (ROW) assets for extraction. The images will be collected as a 360⁰ right-of-way panorama, including forward, rearward, and downward pavement viewing images. Each image will be electronically tagged with location information for plotting within a spatial environment. 215
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RFP-23-046
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Task 4: Detailed Quality Assurance & Quality Control Work Plan RAS has also developed a detailed 30-page Data Quality Management Plan (DQMP) to provide our clients with a systemized method for assuring data is representative of the conditions present. Included in the DQMP is a description of condition survey procedures, data collection vehicle calibration, range of accuracy, data checks, safety procedures, verification by trained engineers, roadway segment review/verification, and integration into Cartegraph. A unique feature of our quality managmenet plans is a 10- mile field verification pilot reviewed by RAS, Bucknam Infrastructure Group, & City Staff that will illustrate the completeness and accuracy of the RAS data stream. We can supply the City of Banning with our published 30-page DQMP at the request of City Staff. The document's length and technical nature didn’t make it suitable for inclusion with this proposal submission.

RAS will include the following in this initial review:
a. Base inventory information, (i.e., Functional Class, lengths, areas, surface type, etc.) b. Historical condition information
c. Status of survey history
d. Construction and maintenance history
e. Review of maintenance and rehabilitation treatments and unit costs f. Review of existing pavement deterioration curves
g. Review of Scenario Builder routines to ensure City is maximizing latest updates (optional task) Example Ladybug ROW Imagery & Pavement LCMS-2 Imagery Deliverables 216
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Quality Assurance Step #2 – Mobilization/Calibration/Pilot/Kickoff The importance of the field pilot cannot be understated as it has become a routine milestone for the RAS Team
on all pavement condition projects. The pilot allows
RAS to collect, process, and review condition data with City Staff to ensure accuracy with the data collection
and interpretation protocols. In addition to the City’s eventual review of the 10-mile pilot data, RAS
subconsultant Bucknam Infrastructure Group (a local
pavement management consultant), will conduct an independent 3rd party review of the 10-mile pilot to assist in the quality review process. The review of the RAS condition data and Bucknam QC will be hosted by Senior Pavement Engineer, Scot Gordon, PE, IAM in the field, where he will review site conditions with City Staff. Scot uses a field tablet that contains the segment PCI scores along with the deduct points assigned to each distress such that everyone understands the PCI impacts of distresses that are present. The importance of this step is to make necessary corrections to the processing routines that result from local standard construction practices/soil conditions and to ensure accuracy with the approach. As certified ASTM D6433 inspectors, Bucknam will conduct a walking survey on the 10 miles of roadway through the selection of representative samples for each segment, covering a minimum of 20% of the total section area and samples will be 2,500 square feet (+/- 1,000 sqft) in size.

As a cornerstone to the development of quality data deliverables, Scot Gordon, PE has performed a pilot data field validation with agency staff on hundreds of pavement condition surveys. Throughout his career, Scot has worked with various agencies on the field pilot data validation including but not limited to:
• Houston, TX • Indianapolis, IN • Denver, CO
• Durham, NC • Fort Worth, TX • Albuquerque, NM
• Virginia Beach, VA • Salt Lake City, UT • Charlotte, NC Quality Assurance Step #3 – Subsystem Monitoring in The Field During the survey, the RAS collection software monitors the GPS subsystems and alerts the operator if the GPS feed drops out or if GPS quality is compromised. The IMU will provide acceleration-based corrections during this time to ensure that GPS accuracy is maintained as much as possible. The RAS team will also review a randomized sample of images to ensure that it complies with the requirements of the specifications throughout the course of the network matching and event QC. Upon completion of the network matching, an image report shall be generated with the total image count compared with that expected for each road. Daily Progress Reports are produced by uploading sensor, GPS, and event data and matching against the road network definition. Progress reports include the following, road sections collected, length discrepancies, and remaining sections to be completed. “The pilot data field validation was crucial to our acceptance and buy-in on our pavement quality assessment. Mr. Gordon explained each condition, the methods of measurement of the distresses, and how the PCI score calculations could help us understand the meaning and relationship of the values to our perceptions of pavement performance. This personalized
process allowed us to make maintenance decisions from the data provided with confidence.” Zayne Huff, City of Southlake 217
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 9
Quality Assurance Step #4 – Automated Crack Analysis & Engineer Review After data is collected in the field and
uploaded to the office environment,
it is imported using the RAS AI
enhanced pavement rating tool
RoadTRIPTM (Technical Rating
Intelligence Program). The import
process creates mappings to the data
so that users do not need to keep
track of where the data is stored on
central data server(s). At this stage,
the major data processing tasks also
occur, such as generation of right-ofway and pavement image streams; calculation of profile, roughness, rutting, detection of cracks, lanemarkings, man-made objects, and other distresses. The RoadTRIPTM application was designed around the ASTM D6433 data collection protocols and contains a PCI calculator that uses distress deduct curves and Q-correction. This PCI is used for Quality Assurance before importing detailed extent/severity distress data into Cartegraph. RoadTRIPTM was programmed with sophisticated algorithms that use sound geometry and distress density to properly classify and quantify pavement distresses.

The following Data Dictionary will be taken
to develop the right-of-way asset inventory
and condition assessment for the City’s
requested infrastructure assets.
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ROW Asset Data Dictionary
RAS can post-process the Ladybug panoramic imagery using RAS software to collect attributes for each asset type captured. Note that each of these ROW assets will include geolocation and a hyperlinked photo.

Each of the attributes highlighted in light blue will be included as a no-cost, value-add to the inventory.

Populated as 1-Good 2-
Fair 3-Poor
LF_Support Type
The construction style
of the support e.g.
wood mast, round
metal, ornamental,
etc.

N/A N/A N/A
Inlets INLT Point
INLT_ID
or Client Schema
Unique identifier for
each storm inlet e.g.
1000000 or Client
Schema
INLT_TYPE
Type of inlet
contruction (open,
covered, grate, etc.)

N/A N/A
Outlets OUT Point
OUT_ID
or Client Schema
Unique identifier for
each outlet e.g.
1100000 or Client
Schema
OUT_TYPE
Type of outlet
constuction (open,
covered, grate, etc.)

N/A N/A
Catch Basins CABA Point
CABA_ID
or Client Schema
Unique identifier for
each catch basin e.g.
1200000 or Client
Schema
CABA_TYPE
Type of catch basin
construction (open,
covered, grate, etc.)

N/A N/A
Culverts CUL Point
CUL_ID
or Client Schema
Unique identifier for
each culvert e.g.
1400000 or Client
Schema
CUL_TYPE
Type of culvert
construction (open,
covered, grate, etc.)

N/A N/A
City of Banning ROW Asset Data Dictionary
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Sign Retroreflectivity Assessment
RAS is aware that traffic fatality rates are 3 times higher during nighttime than daytime with reduced nighttime roadway visibility as a common factor. RAS also recognizes the importance of nighttime visibility of traffic control devices as our population ages. In general, older individuals have declining vision and slower reaction times. Signs that are easier to see and read at night can help older drivers retain their freedom of mobility and remain independent. RAS can provide the City with a Federal Highway Administration (FHWA) Visual Nighttime Inspection Method and would record in the database whether the sign meets the minimum guidelines in the MUTCD.

Calibration Signs Procedure - Calibration signs are viewed prior to conducting the nighttime inspection.

N/A N/A
Outfalls OF Point
OF_ID
or Client Schema
Unique identifier for
each outfall e.g.
1600000 or Client
Schema
OF_TYPE
Type of outfall
construction (open,
covered, grate, etc.)

N/A N/A
Trash Capture
Devices
TCD Point
TCD_ID
or Client Schema
Unique identifier for
each trash capture
device e.g. 1700000 or
Client Schema

N/A N/A N/A N/A
City of Banning ROW Asset Data Dictionary
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Proprietary Information V.B Proposal P. 12
If the comparison panel appears brighter than the sign, the sign needs to be replaced. Utilizing both of these methods will help the inspector in situations where the retroreflectivity is questionable. The inspector will use the Calibration Signs Procedure, and if the inspector encounters a situation where the inspector is not sure, the inspector can then use the Comparison Panels Procedure.

Data loading for Cartegraph users
includes the development of a
series of 7 specific import sheets
(see image to right) that are
formatted for use with the
Cartegraph import/export utility.

The import sheets cover updates
to core segment attribution, tasks,
inspections, samples, distress
data, and condition categories.

The RAS approach to data import
is approved and recommended by Cartegraph. While RAS routinely imports data to Cartegraph, we find it imperative to begin with a test environment to fully ensure data integrity. 221
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Phase II: Production Environment – Upon
completion of the import to the test
environment, the RAS Team has our
Cartegraph support team review the loaded
data to ensure there are no gaps in the data
structure or format. Upon acceptance of
Cartegraph, the RAS team moves the database
into the City’s production environment,
generally in off-hours to ensure minimal
downtime for City Staff and Services. RAS has
the team, resources, and expertise to conduct a seamless production load to Cartegraph.

Segment Level Images Every 20-Feet
After clicking the image link for that pavement segment, the high-resolution Ladybug images are then populated such that the user can virtually drive the segment in question to visually verify the average PCI or even the detailed distress deducts. The purpose of this application is to assist the City in their review of the RAS inspection data and create a highly visualized space in which to do so. 223
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Final Summary Report/Executive Summary
RAS will provide the City a final report/executive summary including study objectives, and description of the methodology utilized. A Letter of Certification will be provided with the report to verify the fixed asset count, methodology, assets inventoried, assets in unserviceable condition, missing assets, assets in a state of disrepair, and recommendations for developing a comprehensive replacement schedule.

RAS will not lease, purchase, or rent any City owned facilities or properties. 224
Company
Information
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B. Company Information
Roadway Asset Services, LLC
Bart Williamson, Chief Executive Officer
(210)837-5249
[email protected]
6001 W Parmer Lane, Ste 370-1102
Austin, TX 78727
(210)837-5249
Bucknam Infrastructure Group, Inc.

Peter Bucknam
(714)501-1024
[email protected]
3548 Seagate Way, Ste 230
Oceanside CA 3548
(760)216-6529
RAS is registered with the California Secretary of State under the following entity number 202252114342.

RAS is also a self-certified small business according to the Small Business Administration (SBA) NAICS code designation. Both Roadway Asset Services, LLC and Bucknam Infrastructure Group, Inc are independent of the City of Banning as defined by generally accepted auditing standards in the U.S. General Accounting Office’s Government Auditing Standards (1994). RAS has not been involved in any litigation, mediation, or arbitration in the past 5 years and has never had a license or certification claim or disciplinary action taken. 226
Company
Personnel
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C. Company Personnel
Organizational structure is
important to understand as it
can often shed light on whom a
municipal agency will really be
working with on any given
assignment. While the City can
select any qualified data
collector as a short-term vendor,
RAS prefers to develop long
term consultative relationships
with our clients that result in
turn-key pavement management
implementations that exceed
client expectations. The key
personnel assigned to this
project are all long-time veterans
of the industry and have
extensive experience in
pavement distress field rating,
Pavement Condition Index (PCI) processing, multi-year prioritization, Cartegraph configurations, and custom database integrations. All assigned key professional staff are properly licensed to practice in California.

RAS has included Bucknam Infrastructure Group, Inc to conduct a 3rd party QA/QC validation of the field pilot and assist with local management. RAS and Bucknam have worked together since 2021 for the City of Rancho Palos Verdes, CA pavement management and ROW asset inventory project. • Project Manager and Senior Pavement Engineer, Scot Gordon, PE, IAM (214)789-9941 who has over 32 years of experience in pavement engineering, design, and transportation planning. Mr. Gordon will review distress interpretations and provide expertise in pavement management optimization.

During project initiation, Scot will perform a 10-mile field pilot validation study to make necessary corrections to processing routines and review quality assurance measures with City staff. • Assistant Project Manager, Zac Thomason, MBA (623)640-2897 brings extensive experience in pavement management with over 17 years of experience, over 350 condition studies personally managed, and has served as Assistant Project Manager for pavement condition studies in the following California agencies: Long Beach, Pasadena, Fontana, Orange County, Yucaipa, La Mesa, Carlsbad, Anaheim, Lancaster, Coachella Valley Association of Governments (CVAG), San Luis Obispo, Modesto, and many other California agencies throughout his career. Mr. Thomason will serve as a liaison between the RAS team and Bucknam team. • Project Principal, Bart Williamson, FCLS (210)837-5249 has over 32 years of project management experience and will work with Mr. Gordon and Mr. Thomason to coordinate project needs, resources, and ensure high-quality deliverables are received in a timely manner. 228
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• Director of Deliverables, Jeff Booth, MBA (210)837-5249 has over 25 years of experience leading projects of all sizes in the Government Sector. Mr. Booth previously served 10 years as Cartegraph’s Senior Vice President of Services. Due to his intimate knowledge of Cartegraph, Mr. Booth will be responsible for importing and formatting data into Cartegraph. • Client Services Manager, Dan White, MBA (570)394-2959 has over 12 years of experience in pavement condition assessments throughout the Country. Mr. White will coordinate with various RAS team members to ensure continuity and accuracy of the project. • Quality Assurance/Quality Control Manager, Mark Kramer, PE (480)606-8775 has 24 years of experience in engineering and information technology projects. He is an expert in custom database integrations, application design/programming, data science, CMMS software, data management, data analysis, and delivery of IT driven projects. Mr. Kramer will coordinate with RAS pavement evaluation team and independent QA/QC coordinators, Bucknam Infrastructure Group, to ensure data collected from automated equipment and artificial intelligence correlates with visual ratings. • Field QA/QC Coordinator & Local Pavement Engineer, Steve Bucknam (California PE No. 20903) (714)501-1024 will provide local knowledge on soil conditions, local construction practices, and assist in maintenance recommendations based on knowledge from previous California clients. Steve has assisted the following California agencies in Pavement Condition Assessments: Monrovia, Covina, Big Bear Lake, Rialto, El Segundo, Norwalk, Laguna Woods, Pomona, Westminster, Buena Park, Huntington Beach, Rancho Palos Verdes, Gardena, Sierra Madre, and many others. • Field QA/QC Coordinator, Peter Bucknam (714)501-1024 will provide local knowledge and conduct a third-party quality assurance evaluation of the 10 mile field pilot validation study. Peter will also participate in the overall management of the project with a local office. He has managed over 70 Southern California clients including: Santa Ana, Huntington Beach, Ontario, Palmdale, Pomona, Orange, Fullerton, Westminster, Buena Park, Laguna Beach, Glendale, Lomita, Lawndale, and Buena Park.
• Data Collection Manager, Rafael Rivera (407)701-6397 has over 13 years of experience in automated pavement and ROW data collection field efforts. Mr. Rivera is responsible for updating schedules based on collection status, overseeing the daily operation crew, and initiating/reviewing the evaluation process for pavement and ROW assets.
• Project Engineer, Sandra Marrero, EI, (210)837-5249 has over 8 years of experience evaluating pavement conditions, processing pavement ratings, preparing reports, and performing maintenance budget scenarios. Ms. Marrero will lead the pavement analysis team in the review of data. 229
G. SCOT GORDON, PE, IAM

PROJECT MANAGER, SENIOR PAVEMENT ENGINEER
Mr. Gordon serves as President and Lead Pavement Engineer at Roadway Asset Services. Mr. Gordon has 32 years of experience in transportation engineering, geotechnical engineering, and construction materials testing including pavement design and optimization for transportation networks. As a professional engineer, he has managed numerous projects such as design/build highway projects, airfield pavement, and other government projects. He is an expert in the design, evaluation, monitoring, and research of pavement as well as pavement rehabilitation and soil stabilization. Scot has completed numerous projects related to pavement management system implementation, pavement condition surveys, sign management surveys, sidewalk condition surveys, and road assessments utilizing LiDAR.

KEY PROJECTS
City of Rancho Palos Verdes, CA– Roadway Asset Management Mr. Gordon served as the RAS Project Manager for the City of Rancho Palos Verdes’ mobile data collection project for its 150 centerline mile network. The project consisted of utilizing RAC vehicles to provide a ROW asset inventory. The ROW Asset inventory included the following assets:
curb and gutter, curb ramps, concrete medians, and guardrails.

City and County of Denver, CO– Pavement Condition Assessment Mr. Gordon was a Project Manager for the automated data collection project of the City’s 5,756 miles of roadways. The project assessed various City assets including 3,602 protective barriers, 11,979 pavement markings, 188,019 MUTCD signs and supports, and 3,488 miles of sidewalks. Following collection, PCI and IRI data were integrated into the City’s GIS. The pavement data was configured and ingested in Deighton’s dTIMS. The ROW assets were imported into Cartegraph.

City of Salt Lake City, UT– Pavement Condition Assessment Mr. Gordon was the Project Manager for Salt Lake City’s pavement condition assessment on 592 centerline miles of City-maintained roads, GIS based mapping, geodatabase design for import into Cartegraph, and long term pavement preservation plans utilizing historic and current analysis. The project also included budget analysis and maintenance optimization for the City’s pavement network in support of the maintenance of these assets relative to the overall network.

Mesa County, CO- Pavement Data Collection
Mr. Gordon served as the Project Manager for the County’s pavement condition survey of 698 centerline miles of roads. Mr. Gordon was responsible for assuring data collection by the RAC vehicles developed unique identifiers for each road segment so the County can maintain a persistent link to GIS data. Mr. Gordon selected pavement treatments based on PCI ratings and identified distress types. Pavement imagery and survey results were incorporated into the County’s pavement management system, Cartegraph.

FIRM
Roadway Asset Services

EXPERIENCE
32 years

EDUCATION
M.E., Civil Engineering, Texas
A&M University, 1990
B.S., Civil Engineering, Texas
A&M University, 1989

REGISTRATIONS
-TX Professional Engineer,
Certificate Number:88099
-CO Professional Engineer,
Certificate Number:30239
-MD Professional Engineer,
Certificate Number:33493
-FL Professional Engineer,
Certificate Number:83979
-NC Professional Engineer,
Certificate Number:46459
-NM Professional Engineer,
Certificate Number:26330
-GA Professional Engineer,
Certificate Number:45916
-Institute of Asset Management
Certified
Professional Affiliations
-American Council of
Engineering Companies
-Tarrant County Board of
Directors, 2015-present
-American Society of Highway
Engineers, DFW Section
Treasurer, 2015-2017
-American Council of
Engineering Companies,
Colorado
Board of Directors, 2000-2001
-Charles County Chamber of
Commerce, Board of Directors,
2009-2010
230
G. Scot Gordon, PE, IAM – Project Manager
City of Albuquerque, NM- Asset Inventory and Pavement Condition Survey Mr. Gordon served as the Project Manager for the City’s pavement condition assessment on 4,548 lane miles and asset inventory on 2,614 miles of sidewalks, 13,731 sidewalk obstructions, 40,198 ramps, 113,673 traffic signs, 28,631 pavement markings, 2,495 miles of pavement striping, 438 miles of bike lanes, 3,337 miles of curb and gutter, 64 miles of guardrail, 1.45 square miles of streetscapes, 1,651 traffic calming devices, 34,531 control boxes/structures, 2,177 backflows, 18,554 storm inlets/drainage, 88,325 manholes, 554 bike lane hazards, & .73 square miles of medians.

Douglas County, CO- Pavement Condition Survey 2022
Mr. Gordon served as the Project Manager for this project which included automated data collection for pavement condition surveys per the ASTM D6433, budget analysis and maintenance optimization for the County’s approximately 1,012-mile pavement network.

Following collection and analysis, data was formatted into Cartegraph. Mr. Gordon prepared and presented pavement management repair recommendations and reports.

City of Kansas City, MO- Pavement Evaluation & ROW Survey Mr. Gordon is serving as the Project Manager for the City’s pavement condition assessment on 3,599 test miles of roadways. Roadway Asset Collection (RAC) vehicles are being utilized for pavement evaluation and ASTM D6433 PCI calculation. Following collection and analysis, RAS will provide the City with a Cartegraph import sheet for import into the City’s current database. In addition, RAS is providing a Videologger for staff to virtually travel the roadways.

City of San Antonio, TX – Pavement Condition Index Modeling Mr. Gordon served as the Project Manager for the evaluation of PCI rate deterioration between the 2019 PCI survey results within the Cartegraph database and 2022. The project consisted of providing deterioration models, recommending improvements for overall maintenance, and providing an average PCI per year per District. Mr. Gordon managed long-term pavement preservation strategies, pavement treatment, pavement modeling, pavement management system optimization, pavement maintenance prioritization, treatment implementation timelines, alternative pavement material recommendations, and budget optimization. Mr.

Gordon evaluated PCI trigger levels in the decision tree to determine the effectiveness of each treatment for improved PCI values and life extension.

City of Corpus Christi, TX- Pavement Data Collection and Integration Mr. Gordon served as the Project Manager for the City’s pavement condition data and ROW asset inventory on 2,448 miles of roadways. In addition to the pavement scope, RAS assessed 1,555 miles of sidewalks, 1,525 miles of curb and gutter, 5,352 pavement markings, 896 miles of pavement striping, 51,872 traffic signs, and 18,009 ADA ramps. Following collection, pavement information was integrated into Cartegraph. Mr. Gordon was responsible for performing quality assurance checks to ensure distress interpretations from the RAC vehicle matched field validation results. He was also responsible for establishing monthly coordination meetings with City staff to update project timelines and present current results.

City of South Salt Lake, UT- Pavement Analysis
Mr. Gordon is serving as the Project Manager for the City’s ASTM D6433 based pavement condition assessment on 80 test miles. RAC vehicles will be used to calculate PCI scores for import into Cartegraph. Following collection and analysis, RAS is creating a Pavement Master Plan to include maintenance rehabilitation options as well as budget scenarios. Mr. Gordon will conduct a field pilot study to validate PCI deduct points and ensure consistency with the City’s interpretation of distresses.
231

ZAC THOMASON, MBA

ASSISTANT PROJECT MANAGER, SENIOR VICE PRESIDENT
Mr. Thomason brings over 17 years of dedicated pavement and asset management experience where his focus has been on the use of semiautomated and automated technologies for pavement distress surveys, enterprise software implementation, pavement preservation, budget modeling & forecasting, and multi-year rehabilitation plan development.

In addition to pavements, Mr. Thomason has vast experience with Right of Way asset inventory development that ranges from roadside features such as signs & supports, sidewalks, pedestrian curb ramps, striping & markings, curb & gutter, guardrail, bike racks, and nearly any asset that can be seen in the right of way. He has also managed complex sidewalk and pedestrian curb ramp inventory assignments that have included off road vehicle data collection, advanced LiDAR surveys to acquire geometric measurements (ramp, landing, & flare), long-range project prioritization sequencing, and project planning.

Municipal Leadership Experience in California & the Southwest: Long Beach, Pasadena, Fontana, Orange County, Imperial County, Carlsbad, La Mesa, Lancaster, San Luis Obispo, Coachella Valley Association of Governments (CVAG), & Modesto, CA; Yuma, Casa Grande, Marana, Pinal County, Glendale, Goodyear, Scottsdale, Gilbert, Prescott, Coconino County, & Bullhead City, AZ; Albuquerque, Roswell, Las Cruces, Los Alamos County, and Dona Ana County, NM.

PROJECT LEADERSHIP ROLES
City of Long Beach, CA– Pavement Condition Survey and Software Implementation Mr. Thomason served as the Project Manager for the City’s pavement condition survey on 1,000 test miles of roadways. The scope also included a full functional classification review to ensure each roadway was assigned an appropriate traffic range for use in eventual prioritization and assignment of degradation curves. The project also included structural subgrade testing using a Dynaflect device on 270 survey miles of arterial and collector roadways. The condition data was processed into a modified ASTM D6433 PCI score and reported on a district-by-district basis (9 districts). The arterial roadway network was run as a separate model to align with City funding structure and the residential roadways were run as a hybrid between independent district selection and “need” based funding. The results were aggregated to the network level such that the results of the network as a whole could be reported to the County. The condition data was loaded into Lucity.

City of Pasadena, CA– Pavement Condition Survey & Analysis Mr. Thomason served as the Project Manager for the City’s pavement condition assessment on 450 survey miles of roads. Surface distress data was collected using semi-automated laser based technologies following the ASTM D6433 protocols and subgrade condition data was collected via a Dynaflect device on 243 survey miles of arterial and collector roadways. A specialized Sidewalk Surface Tester was mobilized to survey pedestrian curb ramps and capture information such as ramp type, condition, slope (ramp/landing/flare), visual impairment facility presence/condition, and several other attributes. In addition, a series of right of way asset features were also inventoried which included the following: signs & supports, street furniture, street markings, curb markings, traffic signals, speed humps, guardrail, and roadside pedestrian fencing. The pavement inventory and condition data were loaded into Lucity.

FIRM
Roadway Asset Services

EXPERIENCE
17 years

EDUCATION
M.B.A., Business
Administration, University of
Phoenix, 2007
B.S., Global Business,
Arizona State University, 2005
232
Zac Thomason, MBA- Assistant Project Manager
Coachella Valley Association of Governments (CVAG) – Surface Condition Survey Mr. Thomason served as the Assistant Project Manager for the Coachella Valley Association of Governments pavement condition update. Semi-automated data collection equipment was utilized to survey nearly 700 survey miles of arterial roadways for agencies such as Palm Desert, La Quinta, Indio, Indian Wells, Desert Hot Springs, Palm Springs, Rancho Mirage, Cathedral City, Coachella, and Riverside County. The data was collected following ASTM D6433 standards and a Pavement Condition Index (PCI) was calculated for each roadway. A full pavement analysis and modeling exercise was conducted to establish forecasted conditions at various levels of funding. The data was loaded to the PAVER software.

Pima County, AZ- Pavement Condition Index Services
Mr. Thomason served as the Project Manager for the automated data collection of 3,788 lane miles of roadways. A separate PCI was calculated for each StreetSaver management section, which totaled 6,510 sections. Final deliverables included a summary spreadsheet and PCI dataset comparing the PCI per the collected data and the PCI per the StreetSaver current PCI calculation.

City & County of Denver, CO– Pavement Condition Survey & dTIMS Format Mr. Thomason served as the Assistant Project Manager for the automated data collection project of the City’s 5,756 miles of roadways. The project assessed various City assets including 3,602 protective barriers, 11,979 pavement markings, 188,019 MUTCD signs and supports, and 3,488 miles of sidewalks. Following collection, PCI and IRI data were integrated into the City’s GIS. The ROW assets were imported into Cartegraph. The pavement data was configured and ingested in Deighton’s dTIMS. The distress data protocols were customized specifically for the City of Denver to ensure data collection matched the configuration of their Deighton dTIMS software. For example, longitudinal cracking was reported as “wheel path” and “non-wheel path” as set up in their system.

City of Virginia Beach, VA– Pavement Condition Assessment Mr. Thomason served as the Assistant Project Manager for the City’s pavement condition assessment on 2,327 test miles of roadways. The scope of services included pavement condition rating and assessment, pavement management repair recommendations, Cartegraph import and training, and collection of assets within the ROW including curb ramps and sidewalks.

Douglas County, CO- Pavement Condition Survey 2022
Mr. Thomason served as the Assistant Project Manager for this project which included automated data collection for pavement condition surveys per the ASTM D6433, budget analysis and maintenance optimization for the County’s approximately 1,012-mile pavement network. Following collection and analysis, data was formatted into Cartegraph. Mr.

Thomason assisted with pavement modeling and worked with County Staff to develop pavement management repair recommendations and reports.

Laramie County, WY- Pavement Condition Survey
Mr. Thomason is serving as the Assistant Project Manager for the County’s automated pavement condition assessment on 266 test miles of roadways. RAC vehicles equipped with a LCMS-2 are being utilized to calculate ASTM D6433 PCI scores. Following pavement data collection, RAS is formatting the data for load into Cartegraph.

City of Kansas City, MO- Pavement Evaluation & ROW Survey Mr. Gordon is serving as the Project Manager for the City’s ASTM D6433 based pavement condition assessment on 3,599 test miles of roadways. Following collection and analysis, RAS will provide the City with a Cartegraph import sheet for import into the current database. 233

JEFF BOOTH, MBA

DIRECTOR OF DELIVERABLES
Mr. Booth has 25 years of experience leading projects of all sizes in the Government Sector. With a career that consists of serving as the Professional Services and Delivery Director at Cartegraph Systems, serving as the Senior Information Technology Project Manager in the Bexar County Public Works department, and acting as the Project Manager/Delivery Director, Mr. Booth has a professional and customer-centric approach to every project.

KEY PROJECTS
City of San Antonio, TX– Sidewalk Condition Assessment
Mr. Booth is serving as the Director of Deliverables for the City’s sidewalk condition assessment on 5,339 miles of sidewalks. RAS is utilizing its bikeRAC solution to continuously capture distress data that will be aggregated to a Sidewalk Condition Rating (SCR) score. The SCR is developed based on vertical discontinuity, horizontal discontinuity, obstructions, and cross slope violations. The City uses Cartegraph for asset management.

Bexar County, TX- Transition Plan for Pedestrian Facilities During his time as the Senior IT Manager at Bexar County Public Works department, Mr. Booth was responsible for updating the transition plan for sidewalks/pedestrian facilities. The transition plan established a database of all pedestrian facilities in the unincorporated areas of Bexar County. Specifically, the study focused on inventorying names of street sections with pedestrian facilities, lengths of those facilities, obstructions and tripping hazards within those facilities, and developing a database of all pedestrian access points (curb ramps, etc) within those facilities.

City of San Antonio, TX- Asset Management System
While working at Cartegraph OMS, Mr. Booth served as the Project Manager and Executive Sponsor through the City of San Antonio’s deployment of the street operations system and asset collection efforts.

City of Dacono, CO- Pavement Condition Assessment
Mr. Booth is serving as the Project Manager for the City’s pavement condition assessment on 66 lane miles of roadways. In addition to a pavement evaluation, RAS is conducting a ROW asset assessment on traffic signs, sidewalks, and pedestrian curb ramps. Following collection and analysis, RAS is formatting data for import into Cartegraph.

City of Grapevine, TX- ROW Asset Inventory and Pavement Condition Assessment Mr. Booth is serving as the Director of Deliverables for the City’s ROW asset inventory and pavement condition assessment on 395 miles of roadways. RAS is collecting sidewalk data to include location, length, width, location in relation to curb and gutter, greenspace existence, and sidewalk condition to create a shape file for incorporation into the City’s GIS system. RAS is also collecting sidewalk barrier free ramp data to include location, configuration, presence of truncated domes or other detectable warning features, and condition. Following collection, RAS is importing the data into Cartegraph.

FIRM
Roadway Asset Services

EXPERIENCE
25 years

EDUCATION
B.S., Management/Computer
Information Systems, Park University,
2001
M.B.A, Business Administration,
Management and Operations,
Webster University, 2003
234

BART WILLIAMSON, FCLS

PROJECT PRINCIPAL
Mr. Williamson brings over 30 years of management experience in a wide variety of projects and programs that include public works, insurance and transportation on a national level. He has developed an in-depth understanding of business processes and politics that are germane to governments. Mr. Williamson has assisted with asset management needs assessments, management of pavement condition surveys, and ROW collection projects.

KEY PROJECTS
City of Rancho Palos Verdes, CA– Roadway Asset Management Mr. Williamson served as the RAS Project Principal for the City of Rancho Palos Verdes’ mobile data collection project for its 150 centerline mile network. The project consisted of utilizing RAC vehicles to provide a ROW asset inventory. The ROW Asset inventory included the following assets: curb and gutter, curb ramps, concrete medians, and guardrails.

Arizona Department of Transportation- Pavement Condition Survey Mr. Williamson was RAS Project Principal for the Arizona Department of Transportation’s pavement condition survey of 5,000 test miles. Automated data collection vehicles were utilized to provide pavement data and imagery in accordance with the HPMS guidelines. Mr.

Williamson coordinated project needs and established channels of communication with the Department staff.

Coconino County, AZ- Pavement & Asset Management Services Mr. Williamson was the Project Principal for the County’s pavement condition assessment on 511 test miles of roadways. Automated data collection vehicles were utilized to collect pavement distress data for an ASTM D6433 compliant rating. Following collection and analysis, RAS loaded data into Lucity for pavement analysis and multi-year plan development.

City of Prescott, AZ- Pavement Condition Survey
Mr. Williamson is serving as the Project Principal for the City’s pavement condition assessment on 458 test miles of roads. In addition to calculating a Pavement Condition Index (PCI), RAS is performing deflection testing utilizing a Falling Weight Deflectometer (FWD) on 189 test miles of roadways. A comprehensive ROW assessment is being conducted on signs, sidewalks, pedestrian curb ramps, curb and gutter, driveways, and guardrails. Following collection and analysis, data will be imported into Lucity for running budgetary models.

City of Albuquerque, NM– Pavement Condition Survey
Mr. Williamson served as the Project Principal for the City’s pavement condition assessment on 4,548 lane miles and asset inventory on 2,614 miles of sidewalks, 13,731 sidewalk obstructions, 40,198 ramps, 113,673 traffic signs, 28,631 pavement markings, 2,495 miles of pavement striping, 438 miles of bike lanes, 3,337 miles of curb and gutter, 64 miles of guardrail, 1.45 square miles of streetscapes, 1,651 traffic calming devices, 34,531 control boxes/structures, 2,177 backflows, 18,554 storm inlets/drainage, 88,325 manholes, 554 bike lane hazards, & .73 square miles of medians. Mr. Williamson coordinated project needs and met with the City to understand goals for the project.

FIRM
Roadway Asset Services

EXPERIENCE
32 years

EDUCATION
B.S., Business Marketing
Honors and Distinction
Indiana University, 1989
235
Bart Williamson, FCLS – Project Principal
Sarasota County, FL- Pavement Condition Survey
Mr. Williamson served as the Project Principal for Sarasota County’s 1,500 centerline miles of paved roads. The project included pavement data collection utilizing automated data collection vehicles, QA/QC checks to confirm accuracy of the AI processing routines, and data import into Cartegraph.

Anderson County, SC- Road Condition Survey
Mr. Williamson is serving as the Project Principal for Anderson County’s pavement condition assessment on 1,785 test miles of roadways. Automated RAC vehicles are being used to collect pavement distress imagery for evaluation according to the ASTM D6433 definitions.

Following data collection, RAS will format data for import into Cartegraph and will work with County staff to configure budget scenarios within Cartegraph Scenario Builder.

City of Salt Lake City, Utah – Pavement Condition Assessment Mr. Williamson was the Project Principal for Salt Lake City’s pavement condition assessment.

The project included an automated pavement surface inventory and distress survey on approximately 592 centerline miles of City-maintained roadways, GIS based mapping, geodatabase design, implementation for an import into the City’s Cartegraph pavement management system, and long term pavement preservation plans utilizing historic and current analysis. The project also included data and budget analysis and maintenance optimization for the City’s pavement network in support of the maintenance of these assets relative to the overall transportation network.

Bexar County, TX– Pavement and ROW Asset Management
Mr. Williamson was the Project Manager of four automated data collection projects for Bexar County. The projects consisted of collecting roadway asset data related to the County’s pavement network and traffic infrastructure including 30,837 traffic signs, sidewalks, pavement markings, and guardrails. The network was collected utilizing an automated data collection vehicle to capture street level imagery for use in pavement and asset extraction.

The image database was comprised of industry standard JPEGs, with geo-referenced information being delivered via an Esri geodatabase and linked to Cartegraph.

Town of Frederick, CO- Pavement Condition Survey
Mr. Williamson is serving as the Project Principal for the Town’s pavement condition assessment on 130 test miles of roadways. RAC vehicles are utilized to collect pavement distress imagery for ASTM D6433 PCI processing. Following collection and data analysis, RAS will format the data for import into Cartegraph.

Laramie County, WY- Pavement Condition Survey
Mr. Williamson is serving as the Project Principal for the County’s automated pavement condition assessment on 266 test miles of roadways. RAC vehicles equipped with a LCMS-2 are being utilized to calculate ASTM D6433 PCI scores. Following pavement data collection, RAS is formatting the data for load into Cartegraph. Mr. Williamson is responsible for project coordination, scope development, and RAC van mobilization.

City of Corpus Christi, TX- Pavement Data Collection and Integration Mr. Williamson served as the Project Principal for the City’s pavement condition data and ROW asset inventory on 2,448 miles of roadways. In addition to the pavement scope, RAS assessed 1,555 miles of sidewalks, 1,525 miles of curb and gutter, 5,352 pavement markings, 896 miles of pavement striping, 51,872 traffic signs, and 18,009 ADA ramps. Following collection, pavement information was integrated into Cartegraph.
236

DAN WHITE, MBA

CLIENT SERVICES MANAGER
Mr. White has been at the helm of over 150 right-of-way asset inventories and pavement management projects ranging from small cities to large government municipalities. With a career focused in project management and client relationship development, he understands the nuances of muncipal client project administration for consulting services. Mr. White has spent the last 12 years dedicated to the field of professional engineering services, specializing in asset management, and pavement data collection technologies.

KEY PROJECTS
City of Conroe, TX- Pavement Data Collection and Extraction Services Mr. White is serving as the Client Services Manager for the City of Conroe’s pavement data collection on 475 centerline miles of roadways. Automated Roadway Asset Collection (RAC) vehicles are being utilized to collect 2D/3D pavement imagery used for pavement distress rating according to the ASTM D6433. Following collection, RAS will integrate data with the City’s existing ArcGIS system and deliver a Cartegraph import data sheet. Mr. White assisted in the kick-off meeting and led final scope negotiations with City Staff.

City of Denver, CO –Pavement Condition Assessment and Asset Inventory Mr. White served as the Client Services Manager for the automated data collection project of the City’s 5,756 miles of roadways. The project analyzed various City assets including 3,602 protective barriers, 11,979 pavement markings, 118,019 MUTCD specialty signs and supports, and 3,488 miles of sidewalks. Following collection, PCI and IRI data were implemented into the City’s GIS. The pavement data was configured and ingested in Deighton’s dTIMS. The ROW assets were imported into Cartegraph.

City of Las Cruces, NM- Pavement Condition Survey
Mr. White is serving as the Client Services Manager for the City’s pavement condition assessment on 658 test miles of roadways. In addition to the base pavement scope, RAS is conducting a ROW asset inventory on pavement striping, pavement markings, bike lanes, and traffic signs and supports. RAS will load the data into the City’s existing Lucity software and perform pavement analysis including running budgetary models and updating supersegments.

Anderson County, SC- Road Condition Survey
Mr. White is serving as the Client Services Manager for Anderson County’s pavement condition assessment on 1,785 test miles of roadways. Automated RAC vehicles are being used to collect pavement distress imagery for evaluation according to the ASTM D6433 definitions.

Following data collection, RAS will format data for import into Cartegraph and will work with County staff to configure budget scenarios within Cartegraph Scenario Builder.

Town of Gilbert, AZ- 2024 Pavement Rating Services
Mr. White is serving as the Client Services Manager for the Town’s pavement condition assessment on 550 test miles of roadways. In addition to PCI rating, RAS is conducting Falling Weight Deflectometer (FWD) testing on 125 test miles of roadways. Following collection and analysis, RAS will import data into Lucity for multi-year plan development.

FIRM
Roadway Asset Services

EXPERIENCE
12 years

EDUCATION
MBA, Project Management
University of WisconsinWhitewater, 2020
237
Mark Kramer, PE, MBA

QA/QC MANAGER
Mr. Kramer serves as the Chief Data Officer at Roadway Asset Services.

Mr. Kramer has 26 years of experience in engineering and information technology projects including pavement condition, sign inventory, and sidewalk condition surveys. He is an expert in commercial off the shelf software, data management, data analysis, and delivery of technology projects. The following is a brief list of projects he has managed.

PAVEMENT AND ASSET PROJECT EXPERIENCE
City of Long Beach, CA– Pavement Condition Survey
Mr. Kramer served as the QA/QC Manager for the City’s pavement condition survey on 1,000 test miles of roadways. The scope also included a full functional classification review to ensure each roadway was assigned an appropriate traffic range for use in eventual prioritization and assignment of degradation curves. The project also included structural subgrade testing using a Dynaflect device on 270 survey miles of arterial and collector roadways. The condition data was processed into a modified ASTM D6433 PCI score and reported on a district-by-district basis (9 districts). The arterial roadway network was run as a separate model to align with City funding structure and the residential roadways were run as a hybrid between independent district selection and “need” based funding. The results were aggregated to the network level such that the results of the network as a whole could be reported to the County. The condition data was loaded into Lucity.

City of Pasadena, CA– Pavement Condition Survey & Analysis Mr. Kramer served as the Project Manager for the City’s pavement condition assessment on 450 survey miles of roads. Surface distress data was collected using semi-automated laser based technologies following the ASTM D6433 protocols and subgrade condition data was collected via a Dynaflect device on 243 survey miles of arterial and collector roadways. A specialized Sidewalk Surface Tester was mobilized to survey pedestrian curb ramps and capture information such as ramp type, condition, slope (ramp/landing/flare), visual impairment facility presence/condition, and several other attributes. In addition, a series of right of way asset features were also inventoried which included the following: signs & supports, street furniture, street markings, curb markings, traffic signals, speed humps, guardrail, and roadside pedestrian fencing. The pavement inventory and condition data were loaded into Lucity.

City of Kansas City, MO- Pavement Evaluation & ROW Survey Mr. Kramer is serving as the QA/QC Manager for the City’s pavement condition assessment on 3,599 test miles of roadways. Roadway Asset Collection (RAC) vehicles are being utilized for pavement evaluation and ASTM D6433 PCI calculation. Following collection and analysis, RAS will provide the City with a Cartegraph import sheet for import into the City’s current database. In addition, RAS is providing a Videologger for staff to virtually travel the roadways.

FIRM
Roadway Asset Services

EXPERIENCE
26 years

EDUCATION
MBA-IT Western International,2003
B.S., Civil Engineering, Arizona
State University, 1998

REGISTRATIONS
-AZ Professional Engineer,
Certificate Number: 40225
Professional Certifications
Microsoft SQL Server
Microsoft Power BI
238

RAFAEL RIVERA

DATA COLLECTION MANAGER
Mr. Rivera has over 12 years of experience in automated data collection of pavement and ROW asset inventories. Mr. Rivera has been involved with collection and management of over 100,000 miles of roadways. Mr. Rivera’s positions have included automated data collection vehicle operator, pavement analyst, LiDAR analyst, and GIS analyst.

KEY PROJECTS
City of Rancho Palos Verdes, CA– Roadway Asset Management Mr. Rivera served as the Data Collection Manager for the City of Rancho Palos Verdes’ mobile data collection project for its 150 centerline mile network. The project consisted of utilizing RAC vehicles to provide a ROW asset inventory. The ROW Asset inventory included the following assets:
curb and gutter, curb ramps, concrete medians, and guardrails.

City of Salt Lake City, UT– Pavement Condition Assessment Mr. Rivera was the Data Collection Manager for the City’s automated pavement surface inventory and distress survey on approximately 592 centerline miles. Final deliverables consisted of PCI values, GIS based mapping, geodatabase design, import into Cartegraph, data and budget analysis, maintenance optimization, and pavement preservation plans with an examination of historic and current analysis. Mr. Rivera provided route tracking for field operation crew and ensured 100% of the network was collected.

Arizona Department of Transportation- City of Buckeye- Sign Data Collection Mr. Rivera was the Data Collection Manager for the collection of a road sign inventory and visual nighttime retroreflectivity inspection of all road signs located within the LPA jurisdictional boundaries. The daytime inventory and condition assessment of the City’s 1,850 test miles of roadway was collected via automated data collection vehicles. The retroreflectivity assessment was conducted using an FHWA approved nighttime visual assessment methodology.

City of Denver, CO– Pavement Condition Assessment
Mr. Rivera served as the Data Collection Manager for the automated data collection project of the City’s 5,756 miles of roadways. The project analyzed various City assets including protective barriers, pavement markings, MUTCD specialty signs, sign support, sidewalks, and sidewalk obstructions. Following collection, PCI and IRI data were implemented into the City’s GIS. The ROW assets are being imported into Cartegraph.

Pima County, AZ- Pavement Condition Survey
Mr. Rivera was the Data Collection Manager for Pima County’s pavement data collection on 2,248 test miles of roadways. RAC vehicles were utilized to collect pavement condition imagery for automated crack detection and PCI rating. The project was completed within a strict 3-month timeline to meet the County’s reporting goals. Mr. Rivera was responsible for providing route tracking to RAC vehicle operators and ensuring automated data collection equipment was functioning properly.

FIRM
Roadway Asset Services

EXPERIENCE
14 years

EDUCATION
B.S., Mechanical Engineering,
University of Central Florida, 2011
B.S., Aerospace Engineering, University of
Central Florida, 2016
239
1 C. Stephen Bucknam, Jr., P.E.

StreetSaver Supervisor
Mr. Bucknam has over forty years of experience in the administration, management, planning, design and construction management of public works, and development programs and projects including: pavement management programs, transportation, street, highway, alley, project management, capital improvement programming and budgeting, and council presentation. Mr.

Bucknam previously served as Contract City Engineer for the City of Arcadia responsible for long range advanced planning of the City’s transportation engineering program. Directed the preparation of the City’s Transportation Master Plan which identified, consistent with the City’s General Plan the transportation related needs under these requirements so of AB 1600 nexus constraints.
• 2023 Pavement Management Program, City of Santa Ana
• 2023 Pavement Management Program, City of Orange
• 2023 Pavement Management Program, City of RSM
• 2023 Pavement Management Program, City of Laguna Hills • 2023 Pavement Management Program, City of Del Mar
• 2023-24 GIS Enterprise Support Services, City of Fountain Valley • 2023 Pavement Management Program, City of Fountain Valley • 2023 Pavement Management Program, City of Compton
• 2023 Pavement Management Program, City of Lomita
• 2023 Pavement Management Program, City of Coronado
• 2023 Pavement Management Program, Orange County Water District • 2023 Pavement Management Program, City of Huntington Beach • 2023 Pavement Management Program, City of Lake Elsinore • 2023 Pavement Management Program, City of Placentia
• 2023 Sign Management Program, City of Placentia
• 2023 Pavement Management Program, City of Norwalk
• 2023 PMP Program Management, Inland Empire Utilities Agency • 2021-23 Pavement Preservation Plan, OCTA
• 2023 Pavement Management Program, City of Fullerton
• 2023 Pavement Management Program, City of Vista
• 2023 Sidewalk Management Program, City of Fullerton
• 2022-26 Pavement Management Program, City of Indian Wells • 2022 Pavement Management Program, City of Ontario
• 2022 Pavement Management Program, City of Lakewood
• 2022 Pavement Management Program, City of Commerce
• 2022 Pavement Management Program, City of Lynwood
• 2022 Pavement Management Program, City of Monrovia
• 2022 Pavement Management Program, City of Covina
• 2022 Pavement Management Program, City of La Habra Heights • 2022 Pavement Management Program, City of Laguna Hills • 2022 GIS Enterprise Support Services, City of Alhambra FIRM
Bucknam Infrastructure Group

EXPERIENCE
40 years

EDUCATION
B.S., Civil Engineering, Loyola
University of Los Angeles, 1967
M.S., Environmental
Engineering, Loyola University of
Los Angeles, 1972

PROFESSIONAL DATA
-Professional Engineer CA
20903
-Professional Engineer WA
17310
-Fellow, American Society of
Civil Engineers
-Former, City Engineer,
Deputy City Manager, City of
Norwalk
-Life Member, American
Public Works Association
240
Peter J. Bucknam
StreetSaver Coordinator
Peter Bucknam is an expert in infrastructure project management, pavement management-training, planning, resource management, implementation and program management. Mr. Bucknam has managed a wide range of Pavement Management infrastructure project tasks including the collection and input of PMP - ROW conditional survey data, preparation of Public Works capital improvement program projections and reports, infrastructure/software needs assessments, GIS/GPS data collection, data conversion and quality control. Mr.

Bucknam has performed infrastructure management services for over 70+ agencies and has personally served as project manager for 750+ PMP projects.

PROJECT MANAGEMENT EXPERIENCE (1997-2024)
• 2024 Pavement Management Program, City of Westminster • 2024 Pavement Management Program, City of Norwalk
• 2024 Pavement Management Program, City of Buena Park
• 2024 Pavement Management Program, City of Duarte
• 2023 Pavement Management Program, City of Ontario
• 2023 Pavement Management Program, City of Santa Ana
• 2023 Pavement Management Program, City of Orange
• 2023 Pavement Management Program, City of RSM
• 2023 Pavement Management Program, City of Laguna Hills • 2023 Pavement Management Program, City of Del Mar
• 2023-24 GIS Enterprise Support Services, City of Fountain Valley • 2023 Pavement Management Program, City of Fountain Valley • 2023 Pavement Management Program, City of Compton
• 2023 Pavement Management Program, City of Lomita
• 2023 Pavement Management Program, City of Coronado
• 2023 Pavement Management Program, Orange County Water District • 2023 Pavement Management Program, City of Huntington Beach • 2023 Pavement Management Program, City of Lake Elsinore • 2023 Pavement Management Program, City of Placentia
• 2023 Sign Management Program, City of Placentia
• 2023 Pavement Management Program, City of Norwalk
• 2023 PMP Program Management, Inland Empire Utilities Agency • 2021-23 Pavement Preservation Plan, OCTA
• 2023 Pavement Management Program, City of Fullerton
• 2023 Pavement Management Program, City of Vista
• 2023 Sidewalk Management Program, City of Fullerton
• 2023 Sign Inventory Program, City of Big Bear Lake
• 2023 GIS Enterprise Support Services, City of South Pasadena • 2023 Pavement Management Program, City of South Pasadena • 2023 GIS Support Services – Storm Drain Pilot, City of Fullerton • 2022-27 Pavement Management Program, City of Fullerton • 2023-24 GIS Enterprise Support Services, City of Alhambra • 2022-23 GIS Enterprise Support Services, City of Big Bear Lake • 2022-23 GIS Enterprise Support Services, City of Duarte • 2021-22 GIS Enterprise Support Services, City of Lawndale • 2023 Infrastructure Management Program, City of Vista FIRM
Bucknam Infrastructure Group

EXPERIENCE
27 years

EDUCATION
B.A., Geography- Urban
Planning, San Diego State
University, 1997

PROFESSIONAL DATA
-Certificate of CompletionOCTA StreetSaver &
MicroPAVER Distress
Training
-Certificate (2015) ASTM
D6433-18
-Certificate (2011-2013)
MicroPAVER
-NASSCO Certificate
-Chair, Transportation
Committee, Inland Empire
Report Card (ASCE), 2005-
2006 & 2008-2009
241
• 2023 Pavement Management Program, City of Alhambra
• 2023 Pavement Management Program, City of Santa Ana
• 2023 Pavement Management Program, City of South El Monte • 2023 Pavement Management Program, City of Rosemead
• 2023 Sidewalk Management Program, City of Rosemead
• 2023 Pavement Management Program, City of West Covina • 2023 Pavement Management Program, City of San Juan Capo • 2023 Sidewalk-ROW Management Program, City of Lakewood • 2023 Pavement Management Program, City of Sierra Madre • 2023 Alley Pavement Management Program, City of Monterey Park • 2023 Sidewalk Management Program Pilot, City of Ontario • 2023 Pavement Management Program, City of La Verne
• 2023 Pavement Management Program, City of Tustin
• 2023 Sidewalk Management Program, City of Tustin
• 2023 Pavement Management Program, City of Cypress
• 2023 Pavement Management Program, City of Stanton
• 2023 Pavement Management Program, City of Brea
• 2023 Pavement Management Program, City of La Habra
• 2023 Pavement Management Program, City of Ontario
• 2023 Pavement Management Program, City of Commerce
• 2023 Pavement Management Program, City of Lynwood
• 2022 Pavement Management Program, City of National City • 2022 Pavement Management Program, City of Covina
• 2022 Pavement Management Program, City of La Habra Heights • 2022 Pavement Management Program, City of Monrovia
• 2022 Pavement Management Program, City of Laguna Hills • 2022 Pavement Management Program, City of Big Bear Lake • 2022 Pavement Management Program, City of Rialto
• 2022 Pavement Management Program, City of Vista
• 2022 Pavement Management Program, City of Rancho Santa Margarita • 2022 Pavement Management Program, City of El Segundo
• 2022 Sign Inventory Program, City of Norwalk
• 2022 Pavement Management Program, City of La Palma
• 2022 Pavement Management Program, City of Laguna Woods • 2022 Pavement Management Program, City of Culver City • 2022 Pavement Management Program, City of Pomona
• 2022 Pavement Management Program, City of Westminster • 2022 Sign Inventory Program, City of Tustin
• 2022 Pavement Management Program, City of Placentia
• 2022 Pavement Management Program, City of Buena Park
• 2022 Pavement Management Program, City of Huntington Beach • 2022 Pavement Management Program, City of Rancho Palos Verdes • 2022 Pavement Management Program, City of Laguna Beach • 2022 Pavement Management Program, City of Signal Hill • 2022 Pavement Management Program, City of Seal Beach
• 2022 Pavement Management Program, City of Inland Empire Utilities Agency • 2022 Pavement Management Program, City of Costa Mesa
• 2021 Pavement Management Program, City of Monterey Park • 2021 Pavement Management Program, City of Santa Ana
• 2021 OCTA Pavement Management Plan (10-Year Study – OCTA) 242
SANDRA MARRERO, E.I.

PROJECT ENGINEER
Ms. Marrero works on the firm’s roadway asset collection projects with a pavement analysis component. Sandra has over ten years of experience evaluating pavement conditions, processing pavement ratings, preparing reports, performing maintenance budget scenarios, reporting the results of project finding in meetings, and discussing with the Client. Her software experience includes Cartegraph, Streetlogix, PAVER, VUEWorks, ArcGIS, AutoCAD, and Civil 3D.

KEY PROJECTS
City of Kingsport, TN – Pavement Condition Survey
Ms. Marrero served as a Project Engineer for the City’s Pavement Condition Survey which included network database development, automated field surveys, budget analysis, and maintenance optimization for the City’s approximately 400 centerlinemile pavement network. This project also included training of the City’s engineering and field staff, the development of repair and rehabilitation scenarios, and the creation of budgeting decision trees to assist in optimization. Additionally, the data was imported into Cartegraph.

City of New Braunfels, TX– Pavement Data Collection
Ms. Marrero served as a Project Engineer for the City’s pavement condition survey of its more than 469 test miles of roadways. Pavement data was collected utilizing an RAC vehicle that captures images for all pavement and ROW assets. Following collection, PCI survey results were analyzed utilizing RAS’ Road TRIP software to identify distresses. Pavement imagery and data was integrated into Cartegraph.

City of Salt Lake City, UT– Pavement Condition Assessment Ms. Marrero served as a Project Engineer for the automated pavement condition survey on 592 centerline miles of roadways. The project included PCI scores, GIS based mapping, geodatabase design and implementation for an import into Cartegraph, pavement preservation plans with respect to the historic and current analysis, and data and budget analysis. Ms. Marrero performed a PCI review and assisted in the preparation of the pavement final report/executive summary.

City of Albuquerque, NM– Pavement Condition Survey
Ms. Marrero served as a Project Engineer for the mobile image data collection project of the City’s 4,548 lane mile network. RAC vehicles were utilized, in accordance with the ASTM D6433, to provide the City with a PCI value for each street segment and the overall PCI value for the network. The project also included an extensive ROW asset inventory on 2,614 miles of sidewalks, 13,731 sidewalk obstructions, 40,198 ramps, 113,673 traffic signs, 28,631 pavement markings, 2,495 miles of pavement striping, 438 miles of bike lanes, 3,337 miles of curb and gutter, 64 miles of guardrail, 1.45 square miles of streetscapes, 1,651 traffic calming devices, 34,531 control boxes/structures, 2,177 backflows, 18,554 storm inlets/drainage, 88,325 manholes, 554 bike lane hazards, & .73 square miles of medians. Ms.

Marrero assisted with data integration in the City’s pavement management software, VUEWorks.

FIRM
Roadway Asset Services

EXPERIENCE
10 years

EDUCATION
B.S., Civil Engineering, University of
Puerto Rico, 2013

REGISTRATIONS
-FL Engineer Intern, Certificate
Number:1100023293
243
Disclosure
244
City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
V.B Proposal P. 34
D. Disclosure
RAS has no past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, appointed official, or City employee.
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Experience and
References
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
V.B Proposal P. 35
E. Experience and References
Roadway Asset Services, LLC (RAS) is an Engineering Firm (License #: F22104) headquartered in Austin, TX. As a pavement and asset management consulting firm, RAS specializes in automated pavement inspections, field pilot validations, AI processing supplemented with manual pavement engineer QC, ROW imagery capture, pavement analysis optimization, asset extraction, image viewer software, Cartegraph inspection imports, and consulting services to transportation agencies and municipalities across the U.S. RAS offers comprehensive experience and subject matter expertise in the fields of engineering, surveying, asset management, transportation planning, and GIS. RAS was founded on the core principles of collaborating with our clients, cultivating those relationships, and embracing innovation in technology resources. RAS Team Members strive to provide accurate data-driven results that allow our clients to make the best possible management decisions while enjoying the passion we all share in improving infrastructure. Within the past 4 years, RAS has obtained over 100 contracts from transportation agencies for pavement condition surveys, ROW asset inventories, and data analysis which translates to approximately 75,000 miles of roadways processed, QC validated, and analyzed. In addition, the RAS executive team brings a combined 150 years of experience in pavement condition survey management. Throughout their careers, the RAS leadership team has been involved in pavement condition and ROW asset surveys for agencies of similar size across the country including:

Rancho Palos Verdes, CA Long Beach, CA Pasadena, CA
Oceanside, CA Albuquerque, NM Pima County, AZ
Prescott, AZ Gilbert, AZ Coconino County, AZ
Salt Lake City, UT West Jordan, UT South Salt Lake, UT
Denver, CO Grand Junction, CO Mesa County, CO
As a local subconsultant to the team, Bucknam Infrastructure Group will assist the RAS team by conducting a 3rd party field pilot verification (10-mile pilot) and local project management coordination of resources. The Bucknam team is located in Southern California and is composed of registered civil engineers, former Director of Public Works, City Engineers, and maintenance specialists who will implement solutions based on specific infrastructure needs. RAS and Bucknam Infrastructure Group represent a powerhouse of pavement management expertise when combined as a unified team and have previously worked together on Pavement Condition Assessments for Rancho Palos Verdes and Pomona. Bucknam Infrastructure Group has assisted more than 70 Southern California local agencies in Pavement Management Programs. A sample of these clients is listed below and throughout this proposal:

Ontario Monrovia Laguna Hills
Rancho Palos Verdes Fullerton El Segundo
Redlands Pomona Laguna Beach
Lomita Huntington Beach Orange
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City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
V.B Proposal P. 36
The RAS team offers the City of Banning unmatched subject matter expertise and knowledge ranging from managing and delivering municipal automated pavement data collection projects, to pavement engineering and configuration of the analysis operating parameters of the City’s Cartegraph OMS asset management system. Our team is uniquely qualified to exceed the requirements of this project through the use of advanced data collection technology, Artificial Intelligence (AI) processing routines, and rigorous hands-on Quality Control (QC) by an experienced pavement engineering team. RAS is a Strategic Business Partner with Cartegraph, which enables the leadership team to have a complete understanding of the Cartegraph OMS pavement management modules. The RAS team are experts in the import of new pavement inspection data into Cartegraph without losing any historical data. RAS does not overwrite any legacy data in the Cartegraph OMS system, we simply add a new inspection to avoid losing system integrity.

Throughout their careers, the RAS leadership team has managed Cartegraph implementations or conversions with other Cities and Counties, including:
• Virginia Beach, VA
• San Antonio, TX
• Okaloosa County, FL
• Salt Lake City, UT
• Collier County, FL
• Kansas City, MO
• Anderson County, SC
• Corpus Christi, TX
• Sarasota County, FL
• Denver, CO
• Cheyenne, WY
• Laramie County, WY
• Kingsport, TN
• Denton, TX
• South Salt Lake, UT
• New Braunfels, TX
• Mesa County, CO
• Douglas County, CO
The RAS key personnel’s combined experience exceeds 150 years in asset and pavement management.

While RAS has only been registered since July 2020, the following lists RAS key personnel’s experience within the industry.

RAS Staff Title & Project Role Years in Industry
Bart Williamson, FCLS CEO & Principal-in-Charge 18 Years Scot Gordon, PE, IAM President & Principal Engineer 32 Years Mark Kramer, PE, MBA Chief Data Officer & QA Manager 26 Years Rafael Rivera Chief Technical Officer & Field Manager 13 Years Zac Thomason, MBA Sr. VP, Business and Client Services 18 Years RAS is a limited liability company with strong internal controls and conservative business practices for continued financial growth. RAS has never filed for bankruptcy and has attached the following 3 years of financial statements to demonstrate stability and excellence in the industry. 248
City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 37 249
City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.B Proposal P. 38
Experience With Conducting Pavement Condition Assessments Unlike many other proposing firms, RAS is solely dedicated to providing pavement and asset management services to agencies throughout the Country. Throughout the last 4 years, RAS has worked with various municipalities and departmentsto improve the overall street networks. Below is a sample list of completed and active projects and their associated scope of work.

Contract
Amount
Test
Miles International Roughness Index (IRI) Pavement Evaluation Pavement Condition Index GIS Segmentation ROW Asset Inventory Pilot Program and Field QA/QC Deterioration Curves and Modeling PMS/AMS Integration System Training Pavement Condition and ROW Asset Survey $ 2,841,146.00 4,548 Albuquerque, NM X X X X X X X X X Pavement Data Collection and Traffic Sign Data Collection $ 326,250.00 3,750 Austin, TX X X X X X X X Pavement Evaluation $ 440,736.00 3,599 Kansas City, MO X X X X X X X X Pavement Condition and ROW Asset Survey $ 549,810.00 3,340 Charlotte, NC X X X X X X X Pavement Data Assessment $ 772,789.00 3,086 Denver, CO X X X X X X X X X Pavement Condition Survey $ 682,500.00 3,048 Memphis, TN X X X X X X X X Pavement Condition Assessment and ROW Asset Inventory $ 1,441,076.00 2,650 Columbus, OH X X X X X X X X X Pavement Condition Survey $ 432,486.00 2,248 Pima County, AZ X X X X X X Street and Alley Pavement Assessment $ 634,415.00 1,362 Amarillo, TX X X X X X X X X X City-wide Pavement Survey and Analysis $ 199,950.00 1,259 Sioux Falls, SD X X X X X X X X Pavement Condition Assessment $ 209,168.00 1,097 Mesa County, CO X X X X X X X X X Pavement Condition Survey and ROW Asset Inventory $ 374,712.00 1,023 Durham, NC X X X X X X X X X Pavement Condition Survey 2022 $ 171,914.00 876 Topeka, KS X X X X X X X X Pavement Condition Survey $ 202,975.00 730 Salt Lake City, UT X X X X X X X X Data Collection for Pavement Condition Index $ 102,807.00 684 Pennington County, SD X X X X X X X X Pavement Condition Assessment $ 149,503.00 500 Cheyenne, WY X X X X X X X X Pavement Condition Survey $ 108,760.00 473 Kingsport, TN X X X X X X X X Pavement Condition Survey $ 207,694.00 266 Laramie County, WY X X X X X X X X X Project Client Name
Pavement Condition Survey
250
City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
V.B Proposal P. 39 251
June 1, 2022
Letter of Recommendation for Roadway Asset Services (RAS) To Whom It May Concern,
In 2021, RAS was chosen from a list of highly competitive Pavement Asset Surveyors and Management Professionals to provide services to Salt Lake City Engineering. During the past nine months, we have worked with RAS to update our current pavement condition survey for the City’s 575 centerline miles of roadway. We had prior experience with the executive management team of RAS preparing a previous pavement condition survey and trusted them to help us with this update. Bart Williamson and Scot Gordon have been instrumental providing meaningful data to refresh SLC’s overall pavement condition ratings and deterioration modeling for the City.

The City’s pavement assets were collected throughout the years using various older collection techniques and methodologies adhering to the standard ASTM D6433. Scot Gordon helped us understand the transition from our older survey sections to the latest LCMS technology and rating program. These cutting-edge techniques allow for 100 percent analysis of the evaluated lanes. Scot took the time to visit during our pilot evaluation stage and walked the streets with our staff. He carefully explained how the rating and deduct values vary with the specific distress types. Scot’s unique understanding of distress conditions and the relationships to the various soil types, along with the weather conditions, in the Salt Lake City area has been invaluable. He explained these relationships and the underlying causes including potential damage from each distress type.

In addition, Scot worked with our staff to identify rating scores based upon the pavement type, the asset condition, and the recommended maintenance improvements. He also helped us refine our deterioration curves to better model our future pavement performance. This understanding of our unique pavement environment along with his guidance has provided our staff with valuable tools to improve our roadway network and management system.

Based on my involvement and working relationship with the staff at RAS, I would highly recommend RAS for any City or County pavement condition assessment or ROW asset management project. RAS has proven to be flexible, knowledgeable, and honest with our team. They have provided valuable tools which enhance Salt Lake City’s pavement management system and improved the accuracy of our infrastructure data. We look forward to working with RAS on future projects and thank them again for the commitment to the Salt Lake City asset management endeavors. Please feel free to contact me if you have further questions.

Sincerely,
David Jones
Public Way Coordination Program Manager - Engineering Division DEPARTMENT of PUBLIC SERVICES

SALT LAKE CITY CORPORATION
252
City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
V.B Proposal P. 41 253
January 9th, 2024
Letter of Recommendation for Roadway Asset Services (RAS) To Whom It May Concern,
RAS provided professional services for the City and County of Denver to complete a comprehensive ROW asset inventory and pavement condition assessment. The scope of work included an inventory and assessment on 3,488 linear miles of sidewalks, 20,687 pavement markings, 3,642 protective barriers, 213,439 MUTCD signs, 117,242 sign supports, 1,789 miles of striping, 380 linear miles of bike lanes, and nearly 2,000 centerline miles of roadway inspections. All ROW asset data was delivered in an ESRI Geodatabase and captured specific attributes to align with the City’s existing Cartegraph database schema for implantation into the OMS software.

To meet the specific needs of the Department of Transportation and Infrastructure (DOTI), RAS conducted a parcel-based sidewalk inventory and assessment to ensure the data capture was granular enough for the City’s use. The RAS team developed the sidewalk feature class such that there was a unique ID for each sidewalk parcel and that each parcel was related to the pavement segment ID. In addition, the RAS team extracted the following attribution from the sidewalk imagery (FacilityID, MasterID, UniqueID (Sidewalk ParcelID), X/Y start and end points, sidewalk type (present or missing), street name, surface type, detached (yes or now), condition, length, width, and the image path). DOTI intends to use the parcel level sidewalk inspection data to assist in further sidewalk analysis to acquire the necessary funding to begin mitigating sidewalk deficiencies on a parcel-by-parcel basis. In addition, this inventory will service as the foundation for future ADA transition planning endeavors.

The RAS team also conducted a pavement condition assessment on 3,086 test miles of roadways using a modified ASTM D6433 evaluation criteria. The Pavement Condition Index (PCI) score that is calculated by the DOTI pavement management program is utilized to assist the department in allocating resources and prioritizing the multi-year planning effort.

Based on my involvement and working relationship with the staff at RAS, I would highly recommend the RAS team for any City or County asset management project. They have proven to be an invaluable consulting partner in the City and County of Denver’s asset management system and are clearly dedicated to the accuracy of our infrastructure data. We look forward to working with RAS on future projects and thank them again for their commitment to our asset management endeavors.

Sincerely,
Jason Smiley, GISP
GIS Data Administrator
Department of Transportation and Infrastructure
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City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
V.B Proposal P. 43 255
May 5, 2022
Letter of Recommendation for Roadway Asset Services (RAS) To Whom It May Concern,
RAS completed a Citywide inventory of our pedestrian access throughout the City of Albuquerque by completing an inventory and condition assessment of the City’s sidewalks, sidewalk obstructions which were geopoint located, ADA ramps and driveways that form the basis of our pedestrian network. The sidewalk inventory conducted by RAS allowed the City to begin tracking its needs related to pedestrian accessibility throughout the City.

For this project, RAS inventoried 2,614 linear miles of sidewalk throughout the City of Albuquerque. The project began with an initial data set that was delivered to the City for acceptance and feedback prior to performing the Citywide assessment. Additionally, the inventory included a curb ramp assessment of 40,198 ramps which were located and assessed within the City. All deliverables for the sidewalk and ADA ramp inventory were provided in City defined segments as GIS based deliverables as well as imported into the City’s enterprise asset management software solution, VUEWorks. As a part of the pedestrian access project for the City, RAS also conducted an inventory and review of over 400 miles of bike lanes.

I have also worked with the executive management team of RAS during previous asset management endeavors for the City’s ROW inventory and pavement management program updates. The Executive Leadership Team of Bart Williamson, Scot Gordon, and Rafael Rivera have been critical in working with the City in providing meaningful data to move forward with our asset management program and deterioration modeling to determining funding and management needs.

In addition to the sidewalk and ADA ramp assessment, the RAS Team has worked with the City to inventory and assess other Right-of-Way assets including a detailed traffic sign inventory and condition assessment on over 113,000 signs throughout the City. The latest Traffic Sign Inventory provided a gap analysis review of signage that had been added since the previous inventory. The updated database is being managed in both GIS and VUEWorks.

Based on my involvement and working relationship with Bart Williamson, Scot Gordon, and Rafael Rivera I would highly recommend RAS for any City or County considering a sidewalk inventory and condition assessment. They have improved the City of Albuquerque’s asset management system and the accuracy of our infrastructure data. We look forward to working with RAS on future projects and thank them again for their commitment to the City of Albuquerque.

Sincerely,
Doug Rizor
Retired-Systems Program Manager II (Retired as of 6/1/2022) 505-321-8145
[email protected]
256
Dear Members of the Selection Committee,
As an enterprise software solutions company who works with over 900 municipal agencies across the Country, we are dedicated to developing best-in-class CMMS software solutions that government agencies can leverage to harness data gathered by Public Works and Engineering departments. There is a very close relationship between software and the data it houses as both require the other to get the most out of each. To this end, Opengov / Cartegraph prides itself in developing a team of partners who can assist in the implementation of Cartegraph across the Country.

Roadway Asset Services, LLC (RAS), is a full-service asset management consulting firm that Cartegraph fully supports and often recommends for the acquisition of powerful data such as objective pavement condition data using automated technologies and right of way asset inventories that are developed in a spatial environment. RAS’ services often expand beyond the field of data collection and commonly migrate the production load of their collected data into the OMS platform. In addition, as Subject Matter Experts in the field of pavement management, RAS commonly assists agencies in the configuration of the Scenario Builder operating parameters to ensure the analysis results are in alignment with each agency's real world activities and priorities.

RAS is actively working with 10 municipal agencies who utilize the OpenGov / Cartegraph OMS software and this does not account for any contracts that they successfully closed out at the time of this writing. These are simply active contracts that they are working on today that are dedicated to the Opengov / Cartegraph OMS system.

OpenGov / Cartegraph fully supports the RAS team in this proposal effort and would recommend their services as a means to acquire highly objective data and additional 3rd party Cartegraph configuration expertise. If any questions arise as a result of this letter of support, please do not hesitate to reach out for any additional clarification.

Thank you,
Chloe Cowart
OpenGov, Account Executive
[email protected]
(816) 716-8335
OpenGov
6525 Crown Blvd #41340
San Jose, CA 95160
(650) 336-7167 257
Value Added
Services
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.D Value-Added Services P. 1
Value Added Services
Optional Services: Council Presentation (Included with Base Scope of Work) The RAS team can provide a Client Presentation
that includes data, charts, and all final summary
report data to showcase the results of the
pavement condition survey. Our Leadership
Team has extensive experience preparing and
presenting results of pavement and asset
condition assessments, as well as pavement
budget scenarios and maintenance plans to
elected officials and constituents.

Optional Service: Cartegraph OMS Configuration & Pavement Analysis (Additional Fee) Scenario Builder Configuration and Optimization for Pavement Management While running the Scenario Builder models themselves might seem straight-forward, the RAS approach to such an analysis involves the following sequences and client engagements during the process in an effort to configure the parameters that serve as the intelligence within Scenario Builder:
• Current database review – most issues can be resolved at the initiation of a project by completing a brief review of the City’s existing GIS and Cartegraph OMS setup. All RAS projects begin with a review by our Project Manager. Any recommended changes to the segmentation or budgetary model configuration will be discussed during this stage. The benefit of the RAS team in this stage is in their intimate knowledge of Cartegraph OMS configuration, including areas of recommended improvement.
• Maintenance & Rehabilitation Setup –
to ensure the results of the budget
model runs meet the City’s
expectations, Scot Gordon will discuss
the City’s current Maintenance and
Rehabilitation setup within the
Cartegraph OMS system under the
“Protocol Library”. As a Professional
Engineer with extensive pavement
experience, Scot is well versed with the
application of pavement rehabilitation
techniques, trigger points, real-world impact to OCI, and life cycles. As a part of this process, RAS will work with the City to determine the right treatment (prescription) at the right time. As completed with many agencies across the Country, RAS will work with City staff to review the existing pavement rehabilitation model parameters that are currently setup within the Scenario 259
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.D Value-Added Services P. 2
Builder Protocol Library. These parameters will be updated based on actual City expenditures for each activity and real world life cycle estimates that relate to OCI impact. This includes reviewing Min/Max PCI, Breakpoint PCI, decision trees for treatments (using the advanced filter text in the Protocol Library), costs, and OCI impact values.

While older versions of
Cartegraph could only house a
single layer, Cartegraph now
gives users the ability to house a
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
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Supersegment layer, which is simply multiple segments stitched together to form a logical project or management section. The benefit of utilizing a Supersegment layer for use in Scenario Builder is that it runs the budgetary scenario at the project level, producing real-world rehabilitation plans that are ready for City review, modification, or acceptance. Our team will also provide recommendations to City staff for best practices in developing practically sized Supersegments to yield model results that can be acted upon. RAS also utilizes Cartegraph’s “Automation Manager” when developing or updating an agencies budgetary models using the Supersegment approach.

Running budgetary models within a pavement management system requires a deep understanding of the database structure behind the application. The RAS approach to budgetary modeling will involve up to 10 pavement management scenarios using different philosophies, budget levels, and distributions. While RAS will define the scenarios to be run with City staff, at a minimum the following questions should be answered with the scenarios:
• How much funding will be required to maintain an OCI of 70 over the next 5 years? • How much funding is required annually to maintain my existing pavement conditions? • What will the estimated network OCI be over the next 5 years if current funding levels are maintained?
• What budget is required to control the growth in backlog? • What are the recommended pavement strategies?
RAS will also consult with City staff to develop models utilizing different types of rehabilitation strategies (worst first, best first, most economic, need year, etc.). RAS understands that getting buy-in from City Administrators and Elected Officials means developing a long-range rehabilitation plan that considers local priorities. The RAS team will ensure that already approved rehabilitation work is programmed into the budgetary models for selection during the run. In addition, RAS will consult with City staff to identity the total cost (mill, overlay, traffic control, striping, etc.) of each rehabilitation method. 261
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Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.D Value-Added Services P. 4
Infusing Optimization into the Cartegraph OMS Analysis
Optimization is a broad-based term that
has many different definitions. For most
pavement management systems,
optimization is the ability to prioritize a
multi-year rehabilitation plan using several
different factors that are important to the
City and based on sound engineering
constraints. For example, RAS commonly
configures the Scenario Builder models
using “Asset Filters” that allows our team
to include a different set of maintenance and rehabilitation activities for roadways of different pavement types, traffic, and strength.

Mark Kramer, QA/QC Manager, and Zac Thomason, Assistant Project Manager, participated in the initial development of this financial optimization logic in the Cartegraph OMS Scenario Builder through multiple conversations and demonstrations with the Cartegraph software development team. 262
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Proprietary Information V.D Value-Added Services P. 5
To further enhance upon optimization, Project Manager and Senior Pavement Engineer, Scot Gordon looks forward to visiting with City staff on other innovative considerations to pavement management such as including OCI of curb and gutter in selecting roads for maintenance; whether or not to deduct for potholes if the City has a pothole repair crew; how to get all council districts above a specific PCI threshold; and focused analysis on top traveled corridors where you are improving the level of service on the roads receiving the greatest traffic while also analyzing the impacts to the remainder of the network.

Following the Pavement Condition Assessment, all LCMS-2 camera imagery will be loaded to the videologger with each image resulting in 1 mm-pixel resolution and horizontal resolution of 4,000 pixels.

The benefit of having the LCMS imagery on the same platform as the Ladybug imagery is the ability to use the forward-facing camera to see what a typical driver would see from a windshield while comparing it against the downward LCMS laser array that focuses only on the pavement surface itself. 263
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RFP-23-046
Proprietary Information V.D Value-Added Services P. 6
Optional Services: Detailed Sidewalk and Ramp Condition Assessment (Additional Fee) RAS can provide the City with a detailed and comprehensive sidewalk condition assessment. The expanded scope would include utilizing one or more e-bikes (PROWagonTM) to drive every sidewalk for assessment and digital image capture. The data collection would happen independently of the street assessment as the PROWagonTM was designed specifically for sidewalk condition assessments. The PROWagonTM is equipped to accurately capture individual distresses for a 0-100 sidewalk condition index (SCI).

Each distress encountered is tagged to the corresponding sidewalk image and assigned the image XY for mapping purposes.

COMPLIANCE WITH PRESIDENTIAL EXECUTIVE ORDERS IMPOSING

SANCTIONS AGAINST THE RUSSIAN FEDERATION (RUSSIA)
Executive Order Nos. 13660, 13661, 13662, 13685, 13849, and 14065, and the Directives thereunder, (collectively “Orders”), impose economic sanctions against Russia (“Sanctions”), and establish prohibitions that include, but are not limited to:
(i) engaging in certain commercial transactions with a person or entity whose property or interest is blocked and/or who is listed on the Treasury Department’s List of Specially Designated Nationals and Blocked Persons (“SDN List”) or Sectoral Sanctions Identification List (“SSI List”); and
(ii) exporting or importing goods, services, or technology, to or from Crimea, or the Donetsk or Luhansk region, in Ukraine.

Please review the economic sanctions imposed in response to Russia’s actions in Ukraine, including, but not limited to, the Orders, Directives, and sanctions identified on the U.S. Department of the Treasury website (or any successor website):
https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-andcountry-information/ukraine-russia-related-sanctions Based on your review of the Sanctions and/or your personal knowledge, by signing below you certify that (i) no person, or entity or any owner thereof, submitting this bid or proposal, is a Blocked Person or is a person or entity listed on the SDN List or the SSI List; or is otherwise subject to any of the prohibitions created by the Sanctions or any of the Orders; and (ii) no performance required by a contract awarded by the City to the bidder or proposer signed for below will involve the prohibited exporting or importing of goods, services, or technology, to or from Crimea, or the Donetsk or Luhansk region, in Ukraine, or will otherwise involve conduct prohibited by any of the Sanctions.

Bidder/Proposer: _______________________________________ Dated:____________________
Roadway Asset Services, LLC
03/25/2024
Signature: Name: Bart Williamson, CEO
266
City of Banning
Finance Department
99 East Ramsey Street / P.O. Box 998
Banning, CA 92220-0998
(951) 922-3129
Dear New Vendor,
The City of Banning is pleased to inform you that we are in the process of setting up your company as a new vendor in our system for the purpose of initiating future purchase orders, and/or enabling payment(s). The City would like to request the following information from your company that is required in order for us to complete your profile, and any further transactions:
• Vendor Masterfile Sheet (enclosed, please complete and return with the following applicable documentation - page 2)
• W9 form (required) (attached if needed pages 3-8, please return only first page {3})
• City of Banning Business Tax Certificate Application [with Business Tax Summary](may not apply if you are not conducting business in Banning - pages 9-10)
• Certificate(s) of liability insurance naming the City of Banning as additional insured with corresponding endorsement pages (may not be required if no on-site work is being performed - Requirements listed page 11) For convenience, completed documents may be returned to the City Requestor via email, or mailed to the address stated above.

Feel free to reach out to us if you have any questions.

Sincerely,
City of Banning
Finance Department
1 267
Name:

Address:

City, State, Zip:

Phone Number:

Contact Person:

Email Address:

Business Description:

Name:

Address:

City, State, Zip:

W-9 Attached: Licenses Verified:

Comm/Serv: E/X Code
Vendor Number: .

Office Use Only
Remittance Address (if different from above)
City: __________ State: __________ Contractors: __________ DIR: ___________ Vendor Master File
Company License (if Applicable):

Roadway Asset Services, LLC
6001 W Parmer Lane, Ste 370-1102
Austin, Texas 78727
(210)837-5249
Bart Williamson
[email protected]
Pavement and Asset Management Firm
Roadway Asset Services, LLC
1545 E Commerce Dr.

St. George, UT 84790
California SOS 202252114342
268
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a Social security number – –
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.

Part II Certification
Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and

3. I am a U.S. citizen or other U.S. person (defined below); and

4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.

General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.

Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.

If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.

Cat. No. 10231X Form W-9 (Rev. 10-2018)
Sign
Here
Signature of
Print or type. See
Specific nstructions I on page 3.

Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
▶ Go to www.irs.gov/FormW9 for instructions and the latest information.

Give Form to the
requester. Do not
send to the IRS.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.

Roadway Asset Services, LLC
2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.

Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single-member LLC
✔ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ P Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.

Other (see instructions) ▶
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):

Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
Requester’s name and address (optional)
6 City, state, and ZIP code
Austin, Texas 78727
7 List account number(s) here (optional)
Employer identification number
8 5 – 1 9 3 9 4 5 4
3/25/2024
5 Address (number, street, and apt. or suite no.) See instructions. 6001 West Parmer Lane, Suite 370-1102
269
City of Banning
99 East Ramsey Street, PO Box 998, Banning, CA 92220
Attn: Business Taxes Phone: (951) 922-3126 Fax: (951) 922-3165

BUSINESS TAX CERTIFICATE APPLICATION
Please Check One
New Application
Change of Owner
Change of Address
Change of Business Name
Home Occupation

PLEASE TYPE OR PRINT CLEARLY
Business Name ________________________________________________ Business Location ______________________________________________ (Not P.O. Box) ______________________________________________ Bus. Phone ______________________ Bus. Fax ____________________ Mailing Address ________________________________________________ (If Different) ________________________________________________ Email Address _________________________________________________ Ownership Corporation Limited Liability Corp. Partnership Sole Proprietor Trust (A Federal ID Number Is Required For All Business Types except Sole Proprietor) Banning Start Date Description of Business / Contractor Job Business Type Retail / Wholesale Service Manufacturing Professional Contractor State Lic. No. ______________ License Type ________________ Expiration date ______________ Resale No. ________________ Federal ID No. _______________ State ID No. ________________

OFFICIAL USE ONLY
Account No. ______________________
Expiration Date ____________________
License Tax $ _____________________
Penalty __________________________
Total Fee $ _______________________
Date Paid _______________ Cash
Check No. ______________ By ______
Reviewed and Approved by
Bus. Lic. Dept. ___________/________
Planning Dept. ___________/________
Bldg. & Safety Dept. _______/________
Fire Dept. _______________/________
Public Works _____________/________
Home Occup. Permit Required- YES NO
BELOW ENTER THE NAMES OF OWNERS, PARTNERS, OR CORPORATE OFFICERS – use additional sheets if necessary Owner Name __________________________________________ Title ____________ Phone ( ) ___________ Home Address _________________________________________________________ Cell No. ( ) ___________ (Street Number, Street Name, City, State, Zip)
Driver’s Lic. No. _____________________ Social Security No. ___________________ Owner Name __________________________________________ Title ____________ Phone ( ) ___________ Home Address _________________________________________________________ Cell No. ( ) ___________ (Street Number, Street Name, City, State, Zip)
Driver’s Lic. No. _____________________ Social Security No. ___________________ In Case of Emergency, Please Contact (Required for In-Town Location) Name ______________________________________________ Title ____________ Phone ( ) ___________ Home Address _________________________________________________________ Cell No. ( ) ___________ (Street Number, Street Name, City, State, Zip)
PLEASE COMPLETE THE FOLLOWING:

No. of
Employees
No. of
Professionals
No. of
Non Professionals
No. of
Rental Units
No. of Coin
Operated Machines

PLEASE CALCULATE AMOUNT DUE BY ENTERING INFORMATION
IN BOXES BELOW AND SIGN.

Business Tax-
Fire Inspection-
Building Inspection-
Home Occupation Fee-
Other Fee-
State CASp Fee-

TOTAL FEES-
I understand that the acceptance of this application does not give me the right to occupy any building until I receive a Certificate of Occupancy. I declare under penalty of perjury, that I am authorized to complete this application and, that to the best of my knowledge, the Information provided herein is true and correct.

Date: ______________ Title: _____________________
Signature: ____________________________________
**Any Business License Applications/Renewals Submitted Without a Signature, Will Not Be Processed**
NOTE: Sales or use tax may
apply to your business
activities. You may seek
written advice regarding the
application of tax to your
particular business by writing
to the nearest Board of
Equalization office. For
general information, please
call the Board of equalization
at 1-800-400-7115
NOTICE: Under Federal and State law, compliance with disability access laws is a serious and significant responsibility that applies to all California building owners and tenants with buildings open to the public. You may obtain information about your legal obligations and how to comply with disability access laws at the following agencies:

The Division of the State Architect at www.dgs.ca.gov/dsa/Home.aspx The Department of Rehabilitation at www.rehab.cahwnet.gov The California Commission on Disability Access at www.ccda.ca.gov $$$$$ 4.00 CONTRACTORS- Please provide
ONLY the number of employees
working on the project here in the
City of Banning.

Roadway Asset Services, LLC
6001 W Parmer Lane, Ste 370-1102
Austin, TX 78727
(210)837-5249 1(512)727-3378
[email protected]
85-1939454 202252114342
464-53-0281
306-56-6117
Bart Williamson CEO
Scot Gordon President
14111907
15581086
7716 Tessera Parkway, Lago Vista, TX 78645
602 Sante Fe Dr, Highland Village, TX 75077
210 837-5249
214 789-9941
Rafael Rivera Data Officer
14869 SW 43rd Ct, Ocala, FL 34473 407 701-6397
3/27/2024 Chief Executive Officer
18 $ 330 $ 334
3 270
City of Banning

BUSINESS TAX SUMMARY
Every Person Who Engages in Business in the City Shall Pay a Business Tax Based Upon Number of Employees Unless Specifically Assigned A Different Tax.

General Service Businesses
Use Number of Employees Tax Calculation Below
0-5 Persons $50.00
6-10 Persons $110.00
11-15 Persons $165.00
16-20 Persons $220.00
21-25 Persons $275.00
26 + Persons $330.00
Professional Services
$80.00 for each professional per year PLUS
$5.00 for each non-professional employee per year
Accountants, CPA OR PA Morticians
Appraisers Oculists
Architects (including landscape) Optometrists (non-dispensing) --Osteopaths
Assayers Physicians Chemists
Attorneys Physiologists
Chiropodists Physiotherapists
Chiropractors Psychologists
Consultants Veterinarians
Dentists Brokers and Agents
Engineers (all types) Laboratory Workers
Geologists
Retail and Wholesale and Other Businesses
Adjustor or Claims Agencies News Agencies
Advertising Agencies Newspaper Dealers
Aircraft Services Odor Control Services
Alarm Services Pest Control Services
Armored Car Services Photographers
Animals, Board and Care Piano Tuning Services
Barber Shops Printers
Beauty Shops Professional Schools (all types)
Business Services Publications and Periodicals
Check-Cashing Services Public Utilities
Data Processing Services Radio, Television, and other
Detective Agency Communication Services
Ditching and Backhoe Services Repair & Maintenance Services Drafting Services (All Types)
Employment Services Sign Printers
Equipment Rental (all types) Swimming Pools and Clubs
Escrow or Title Companies Tailors or Dressmakers
Finance, Savings & Loans Tax Services
Fire Extinguisher Services Ticket Agencies
Guard and Patrol Services Trash Collection Services
Health Salons Travel Agencies
Herbalists Tree, Lawn & Weed Control
Interior Decorators Vehicle Rental or Leasing
Janitor Service agencies
Laundry and cleaning services Warehouse Storage Services Locksmiths Water Softener Services
Messenger Services Real Estate Offices
Miscellaneous as determined
Miscellaneous Businesses
Advertising-Outdoor $125.00 per year for 1-8 billboards/displays $15.00 per year ea. Additional billboard/display
Ambulance Service $55.00 per year- First Ambulance
$12.00 per year- Each Additional Ambulance
Automobile, RV, Trailer and $25.00 per year for 1-10 Units Boat Storage Units $2.00 per year ea. additional unit over 10 Day Nurseries/Nursery $15.00 per year for 1-6 children
Schools $2.00 per year each additional child over 6
Delivery Vehicles $55.00 per year
Dog kennels $20.00 per year each 15 animals
Pawnbrokers $110.00 per year
Shoeshine Stand $15.00 per year
Christmas Tree Lot $15.00 per season
Swap Meet-each location $250.00 per year
See Section 5 of the City of Banning Code Book for additional Business Categories.

These types of businesses require Council Approval
Auto Wrecking/Junk Dealers $110.00 per year
Massage Parlor-Baths $220.00 per year
Taxicabs/Limousines $30.00 per year / per unit
Name and/or Location Change
$ 5.00 Flat Fee
Recreation and Entertainment Services
Amusement Centers $40.00 PLUS First six devices,
Includes any flying horses, rides, lanes, etc.
merry-go-rounds, ferris wheels $ 7.00 for each additional device, or other riding devices, giant ride lane, etc.
slides, shooting galleries, etc.

Amusement Centers, Temporary $40.00 PLUS First six devices, No fixed place of business rides, lanes, etc.
includes kiddie rides in shopping $3.00 for each additional ride, centers, pony rides, etc. lane, etc.

Dance, Public $12.00 per day
(Nightclubs, etc.) $85.00 per year
Dancing Club $85.00 per year
(where admission is charged,
dues paid or donations accepted)
Astrology, Palmistry, etc. $110.00 per year
Theaters and Shows $110.00 First 500 seats per year
$12.00 ea. additional 100
seats/year
Golf Course - 18 hole $110.00 per year
Golf- Driving Range, Miniature $85.00 per year or Pitch and Putt Opening New Businesses
Industrial Waste Inspection Fee $175.00
Fire Inspection Fee $182.00 per unit / per hour
Building and Safety Inspection Fee $110.00 per unit per / hour Sign Permit $537.00
Home Occupation $307.50 plus applicable business
license Fee
Coin Operated Machines
1 – 5 Machines $20.00 per year
Each additional machine $5.00
Contractors
For each first member or employee $80.00
For each employee in excess of one (1) $5.00
Must submit proof of State Contractors License and Worker’s Compensation with the application.

Rentals- Not to exceed $330.00 per year
Hotels, Motels, Rooming houses, $12.00 per unit / per year Duplexes and Multiple-dwellings
Commercial and Business Rentals $20.00 per unit / per year Single Family Residences (3 to 5) $20.00 per unit / per year 6 to 10 residences $30.00 per unit / per year
over 10 residences $40.00 per unit / per year
Mobile Home Parks $1.25 per space / per year
RV Campground $1.25 per space / per year
Mini-warehouse (Storage) $1.00 per each unit / per year 271
Summary of Vendor Insurance Requirements
1) Limits of insurance*:
(a) General Liability insurance with limits of not less than $1,000,000 for bodily injury and property damage; $1,000,000 for personal and advertising injury; $2,000,000 products and completed operations aggregate and $2,000,000 general aggregate.
(b) Auto Liability insurance endorsed for “any auto” with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (c) Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of not less than $1,000,000 per claim/occurrence and $2,000,000 policy aggregate (only required if contract involves the rendering of a professional service).
(d) Workers' Compensation insurance as required under the California Labor Code. (e) Employer's Liability insurance with limits of liability of not less than $1,000,000, each accident; $1,000,000 disease each employee; and $1,000,000 disease policy limit. (f) California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best's Insurance Rating Guide.
*Limits can be adjusted based on the City of Banning judgement based on services provided.

Certificate holder should appear asfollows:

City of Banning
Attn: Purchasing Division
99 E. Ramsey Street
Banning, CA 92220-4837
2) The certificate of insurance should read "The City of Banning, its officers, officials, employees and agents are additional insured as respects to General Liability and Auto Liability insurance. This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis. Waiver of subrogation for Workers’ Compensation insurance as respects to the City of Banning, its officers, officials, employees and agents.”
3) Additional insured endorsement, with primary and non-contributory language or a primary insurance endorsement, for General Liability insurance (including ongoing operations and completed operations). The additional insured should read, "The City of Banning, its officers, officials, employees, agents and volunteers". Examples of primary insurance language are "Such insurance as is afforded by the policy is primary and any other insurance shall be excess and not contribute to the insurance afforded by this endorsement" or "This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis". The endorsement number needs to be included in the accord description of certificate of insurance. 4) Additional insured endorsement for Auto Liability insurance. The additional insured should read, "The City of Banning, its officers, officials, employees and agents.” The endorsement number needs to be included in the accord description of certificate of insurance. 5) Waiver of subrogation endorsement for Workers’ Compensation insurance should read, “the City of Banning, its officers, officials, employees and agents.” The endorsement number needs to be included in the accord description of certificate of insurance. 6) The “Retro Date” must be shown for the Professional Liability insurance. (only required if contract involves the rendering of a professional service). 7) A copy of the Declarations & Policy Endorsements page for the General Liability policy.

Should you have any questions with respect to the foregoing, please do not hesitate in contacting the Purchasing Division at (951) 922-3129. Thank you.
11 272
03/25/2024
Landmark Risk Management
107 S 1470 East #302
Saint George, UT 84790
Brittany Davis
(435)656-4586 (435)673-3621
[email protected]
00008927-1148519 147
Roadway Asset Services, LLC
6001 W Parmer Lane, Suite 370-1102
Austin, TX 78727
Travelers Casualty Insurance Co of America 19038
A X Y Y 680-1W860284 12/18/2023 12/18/2024
X
X
1,000,000
1,000,000
5,000
1,000,000
2,000,000
2,000,000
Travelers Casualty Insurance Co of America 19046
B Y Y BA-1-W-860407 12/18/2023 12/18/2024
X
X X
1,000,000
Travelers Property Casualty Company of America 19038
C X X CUP1W860616 12/18/2023 12/18/2024
X 10,000
10,000,000
10,000,000
Travelers Property Casualty Company of America 19038
C Y UB1W86055A 12/18/2023 12/18/2024
N
X
1,000,000
1,000,000
1,000,000
Underwriters at Lloyds of London 15792
D Professional/Polluti ANE5366238.23 09/10/2023 09/10/2024 Per/Aggregate 2,000,000/2,000,000 State National Insurance Company Inc. 10665
E Cyber Liability HCXCYB-P-5057394 01/26/2024 01/26/2025 Per/Aggregate 2,000,000/2,000,000 City of Banning,its officers, officials, employees and agents are additional insured as respects to General Liability (CG D3 81 09 15) and Auto Liability (CA T3 53 02 15) insurance . This insurance is primary and non-contributory, waiver of subrogation applies in favor of the City of Banning, its officers, officials, employees and agents.

City of Banning
Attn: Purchasing Division
99 E. Ramsey Street
Banning, CA 92220
(BCD)
Printed by BCD on 03/25/2024 at 10:42AM
ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD

DATE (MM/DD/YYYY)
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER

POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

CERTIFICATE OF LIABILITY INSURANCE
273
Price Proposal
274
City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.C Price Proposal P. 1
Pricing Proposal
The total fee is an all-inclusive maximum price that contains all direct and indirect costs including all out-of-pocket expenses, reimbursable expenses sub-consultant expenses, mileage and/or travel cost, miscellaneous fees, etc., for all required scope of services. All built-in costs for travel, lodging, and per-diem shall not exceed the current IRS rates.

Total Fee: $274,620.00
$275.00 $210.00 $210.00 $185.00 $150.00 $110.00 $100.00 Task Descriptions Principal Project
Manager
Sr. Pavement
Consultant
Pavement
Consultant
Sr. GIS
Analyst GIS Analyst Field Tech Total Hours Labor Cost Expenses / Subcontractor Total Fee
A. Pavement Management Services 12 46 36 58 38 54 142 386 $57,090.00 $11,090.00 $68,180.00

1. Project Initiation, Centerline Identification & Review (lump sum) 8 8 4 8 2 10 40 $7,600.00 $1,150.00 $8,750.00

2. Field Set-Up & GPS Network Creation (lump sum) 2 2 2 8 12 26 $3,860.00 $140.00 $4,000.00

3. Collect Street Network (160 test miles) 8 8 140 156 $16,360.00 $8,390.00 $24,750.00

4. Roadway Evaluation: ASTM D6433 Distress Processing (160 test miles) 4 16 32 16 4 72 $12,960.00 $240.00 $13,200.00

5. Pavement Widths Verification (300 lane miles) 2 12 2 16 $1,820.00 $160.00 $1,980.00

6. On-site RAS Data Review of Pilot Area 10 10 $2,100.00 $900.00 $3,000.00

7. Cartegraph OMS Pavement Data Import (Test & Production Loads) 2 8 4 8 4 26 $4,480.00 $20.00 $4,500.00

8. Draft and Final Summary Pavement Condition Report 2 20 8 4 2 4 40 $7,910.00 $90.00 $8,000.00 B. Fixed ROW Asset Inventories 14 68 24 18 148 1332 70 1674 $202,220.00 $4,220.00 $206,440.00 ROW-1 Signs Inventory (Photograph, geolocation, condition, MUTCD) 2 4 155 161 $18,070.00 $230.00 $18,300.00 ROW-2 Markings Inventory (Photograph, mapping, geolocation, condition) 2 4 177 183 $20,490.00 $300.00 $20,790.00 ROW-3 Supports Inventory (Photograph, geolocation) 2 4 34 40 $4,760.00 $40.00 $4,800.00 ROW-4 Light Fixtures Inventory (Photograph, geolocation) 2 4 61 67 $7,730.00 $70.00 $7,800.00 ROW-5 Guardrails Inventory (Photograph, geolocation) 2 4 34 40 $4,760.00 $40.00 $4,800.00 ROW-6 ADA Ramps Inventory (Photograph, geolocation, condition) 2 4 88 94 $10,700.00 $100.00 $10,800.00 ROW-7 Sidewalks Inventory (Photograph, geolocation, condition) 2 4 107 113 $12,790.00 $110.00 $12,900.00 ROW-8 Trees Inventory (Photograph, geolocation) 2 4 139 145 $16,310.00 $190.00 $16,500.00 ROW-9 Inlets Inventory (Photograph, geolocation) 2 4 88 94 $10,700.00 $100.00 $10,800.00 ROW-10 Outlets Inventory (Photograph, geolocation) 2 4 34 40 $4,760.00 $40.00 $4,800.00 ROW-11 Catch Basins Inventory (Photograph, geolocation) 2 4 88 94 $10,700.00 $100.00 $10,800.00 ROW-12 Retention Basins Inventory (above ground, photograph, geolocation) 2 4 34 40 $4,760.00 $40.00 $4,800.00 ROW-13 Culverts Inventory (Photograph, geolocation) 2 4 34 40 $4,760.00 $40.00 $4,800.00 ROW-14 Manholes Inventory (Photograph, mapping, geolocation) 2 4 61 67 $7,730.00 $70.00 $7,800.00 ROW-15 Outfalls Inventory (Photograph, geolocation) 2 4 34 40 $4,760.00 $40.00 $4,800.00 ROW-16 Trash Capture Devices Inventory (geolocation) 2 4 34 40 $4,760.00 $40.00 $4,800.00 ROW-17 Number of Lanes (Count Per Segment) 2 4 50 56 $6,520.00 $80.00 $6,600.00 ROW-18 Retro-reflectivity Surveys (Warning and Regulatory Signs) 2 2 8 8 16 16 70 122 $15,290.00 $1,570.00 $16,860.00 ROW-19 ROW Asset Inventory Import to Cartegraph (17 Asset Features) 4 8 8 8 40 40 108 $16,340.00 $660.00 $17,000.00 ROW-20 Fixed Asset Inventory Draft and Final Report Addition 8 24 8 2 24 24 90 $15,530.00 $360.00 $15,890.00 Project Total (Hours & Fees) 26 114 60 76 186 1386 212 2060 $259,310.00 $15,310.00 $274,620.00 Hourly Rates
275
City of Banning
Fixed Asset Inspection and Inventory Assessment
RFP-23-046
Proprietary Information V.C Price Proposal P. 2
Optional Value-Add Services:

The following services are related to the additional scope items included in the proposal.

Task Additional Professional Services Units Unit Cost Fee O-1
Cartegraph OMS Scenario Builder Configuration, Optimized Pavement Analysis, Budget Scenarios, and Maintenance / Improvement Recommendations 1 $20,000 $20,000.00 O-2 RAS Hosted Data Viewer & Videologger (Service Provided Until Next Project) 1 $9,000 $9,000.00 O-3 Detailed Sidewalk and Ramp Condition Assessment (Estimated Sidewalk Miles) 225 $395 $88,875 276

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
Doug Schulze, City Manager
MEETING DATE: July 9, 2024
SUBJECT: Consideration of Resolution 2024-117, Approving an Exclusive Negotiating Agreement with Investel Development LLC for City-Owned Real Property Located at 150 E. Ramsey Street, Banning (APNs 541-181- 032, 541-181-033, 541-181-034, AND 541-181-035)
RECOMMENDATION:

Adopt Resolution 2024-117.

BACKGROUND:

Investel Development LLC ("Investel") and the City of Banning entered into an Exclusive Negotiating Agreement (ENA) on February 23, 2023. The term of the ENA ended on January 10, 2024. Investel has submitted a Preliminary Application Conference application for the proposed development of the property and that PAC was held in early 2024. The developer has been working to refine the project based on input received during the PAC and has been in continuous contact with City staff. Investel is in the process of preparing documents required for the Uniform Development Application, which includes a variety of engineering studies and reports. Investel has requested that the City enter into a new ENA with a term through the end of 2024.

JUSTIFICATION:

Development of 150 E. Ramsey Street is a priority for the City of Banning and will serve as a catalyst for downtown redevelopment. The project will generate property taxes, sales taxes, temporary occupancy taxes (Hotel tax), and jobs. In addition, the project will create housing within the downtown that will result in a demand for services in the area as well as increase the median income.

FISCAL IMPACT:

Entering into a new ENA will not have any additional financial impact. The remaining work on the project application is the responsibility of the owner/developer.

ALTERNATIVES:

Do not adopt Resolution 2024-117 and provide direction to staff.

ATTACHMENTS:

1. 070102024_ENA_150 E Ramsey St_Investel Development LLC final.pdf

1. Resolution 2024-117, Investel ENA 150 E Ramsey.docx

3. 231228_Banning Development_Pre-app.pdf

4. 2023 02 23_ENA_150 E Ramsey St_Investel Development LLC.pdf 277

EXCLUSIVE NEGOTIATING AGREEMENT
This EXCLUSIVE NEGOTIATING AGREEMENT ("ENA") is dated as of July 10, 2024 and is entered into by and between the CITY OF BANNING ("City") and Investel Development, LLC ("Developer"). The City and the Developer are sometimes individually referred to herein as a "Party" and are sometimes collectively referred to herein as the "Parties."

RECITALS
A. The City owns the land in the City of Banning, California described on Exhibit "A" (the Property) and desires to invite the Developer to propose a development plan for a mixed use of Hotel and Apartment/Retail project on the Property (the "Project").

B. The City intends to incur significant costs in negotiating and preparing a disposition and development agreement or "DDA".

C. The Developer has therefore requested that the City negotiate with the Developer on an exclusive basis for a specified period of time to establish the terms and conditions of the DDA.

D. It is anticipated that during the term of this ENA, City staff and consultants and attorneys of the City will devote substantial time and effort in meeting with the Developer and its representatives and consultants, reviewing proposals, plans and reports, negotiating and preparing and revising the DDA, obtaining consultant advice and reports including an appraisal.

NOW, THEREFORE, The Developer has proposed the follows:

1. The term of The ENA shall commence on the date hereof and shall end on the earlier of: (i):

December 31, 2024, or (ii) the date on which the City of the Developer terminates this ENA provided in Sections 2 below (the "ENA Period").

2. The City Manager may terminate this ENA by written notice to the Developer if the Developer should fail to comply with or perform any material provisions of this ENA and such failure is not cured within thirty (30) days after City Manger's delivery of written notice to the Developer ( or such other period of time if such failure cannot by its nature be cured within such thirty (30) day period, so long as Developer diligently proceeds with efforts to cure such failure), or if reasonable progress is not being made in negotiations hereunder as determined by the City Manager in good faith. The Developer may terminate this ENA by written notice to the City if the Developer determines that it does not wish to pursue the Project any further.

3. During the ENA Period, the City shall not negotiate with any person or entity other than the Developer for the sale, lease, or development of the Property.

4. City must comply with California's surplus property statutes (Government Code Sections 54220-54234). City shall be solely responsible for all costs associated with the negotiation with California state.

Page 1 of 10 ends

Banning City CouncilJuly 9, 2024

Banning City Council
July 9, 2024