Banning City Council
December 10, 2024

Administration of NPDES Permit
Contingencies -
Other -
Legal Mailings
Assessor Line Item Charge
Riverside County Flood Control BAU computer time
Public Education Program ***
CSA 152 Administration Fee (6%)

TOTAL PROJECTED APPROPRIATIONS
Illustrative budget format. Line items may vary with Cities.

A brief narrative and cost breakdown to each appropriation.

NPDES Public Education as provided by Flood Control/County. 172653
CSA 152
SCHEDULE OF EVENTS *

EXHIBIT B
January
2 15
20 30
February
10 15
Cities and County begin CSA 152/NPDES budget process for upcoming fiscal year.

County provides updated BAU summary to first year CSA 152 Cities.

County provides statement of accounts to each City for first tax collection period of fiscal year (December). Statement reflects year to date CSA 152 revenue collected from each City and its zone of benefit (incorporated city boundaries).

City prepares and submits to County a statement of expenses for City CSA 152/NPDES program.

County receives expense statement of Cities and effects reimbursement to Cities. Reimbursement is limited to the amount of City CSA 152 revenue collected less County expenses as outlined in CSA 152 agreement. County shall submit to City on a quarterly basis County expenses for inclusion in City expense statement.

Deadline for City to notify County of proposed increase in City CSA 152 assessment rate.

March
1 10
15 15
Cities and County finalize individual CSA 152 budgets and proposed BAU assessment rates.

Deadline for first year CSA Cities or Cities with CSA rate increase to submit information for CSA legal mailing of estimated assessments.

Required information includes times, dates, appropriate addresses ofpublic forum/offices including phone numbers and proposed BAU rate of City.

City CSA 152 budgets due to County for consolidation of overall CSA 152 budget.

County conducts BAU computer and print services of CSA legal mailings for first year CSA Cities and Cities with rate increases. 1 10
10 County submits total CSA 152 budget for review and inclusion into overall County Budget.

Legal mailing date for estimated assessments on parcels for any new or proposed increases in City CSA 152 rates. County provides list of assessor parcel numbers and estimated assessments to those CSA Cities with new/increased rates.

Second installment of taxes/assessments due.
172754

May
1 10
15 20
County provides Cities with second statement of accounts for year to date City CSA 152 revenue collected.

Cities prepare and submit statement of expenses for reimbursement of CSA 152/NPDES program costs.

Cities with proposed increased CSA 152 assessments over the current year hold public forums to address City constituents and questions.

County reviews/approves expense statement of Cities and effects reimbursement to Cities.

June/July
July
15 County Board of Supervisors conducts public heatings on CSA assessments rates including CSA 152 rates or proposed rate increases. Changes may occur to CSA rates at discretion of Board.

Reconciliation of statement of accounts for County and each CSA 152 City zone of benefit). Balanced statement reflects total revenue collected for prior fiscal year. Cities may apply for balance to cover reimbursement of undeffunded City NrpDES expenses or balance is carried forward into next fiscal year within CSA 152 City account ( zone of benefit).

July/August County Board approves f'mal County budget including CSA budgets.

Budgets may change at the discretion of the Board.

September First County and City tax/assessments bills of the fiscal year are mailed.

October
15 Cities provided with update BAU summary and list of assessor parcel numbers and actual assessments.

October Cities respond to taxpayer requests for parcel re-assessments or re-evaluations and forward recommendations and corrections to County.

November
City provides BAU and assessor parcel corrections to County for updating in file.

December
10 First installment of taxes and assessments due/collected by County for current fiscal year.

Use schedule for CSA 152 planning purposes.
172855
June 30, 1995 CITY COUNCIL MEETING
JULY 11, 1995
TO: City Council
FROM: Paul Toor, Public Works Director/City Engineer
SUBJECT: RESOLUTION NO. 1995-125, "APPROVING THE BUDGET FOR CITY OF BANNING NPDES PROGRAM FOR FISCAL YEAR 1995-96"
RECOMMENDATION: Adopt Resolution No. 1995-125:

I) Approving the budget for the National Pollutant Discharge Elimination System (NPDES) Program for fiscal year 1995-96 for an amount of $43, 00. 844.

II) Direct staff to coordinate with the County of Riverside to record assessments under CSA - 152 with estimated annual assessment Option A or Option B:

Option A) assess $3. BAU85/to find the program for fiscal year 1995/96.

Option B) to assess $1. BAU79/utilizing a portion of reserves collected under this program, Option C) not assess any charges utilizing the reserves collected under this program and other revenues if needed.

JUSTIFICA TION: It is essential to appropriate the funds for implementation of the NPDES program.

BACKGROUND: The National Pollutant Discharge Elimination System (NPDES) is a federally mandated program to control non-permit source of water pollution enacted as part of the Clean Water Act in 1987. The Federal government did not provide any funding for the program, assigning the responsibility to the cities and county to implement and fund the same. Local Agency Formation Commission (LAFCO) of the County of Riverside approved the formation of the community service area (CSA) 152 to fund the NPDES program. Riverside County Flood Control & Water Conservation District is the lead agency and all the cities are participating as co-permitees to coordinate the program effectively and to minimize the costs. The implementation of the program has been delayed due to extensive planning work involved and the Regional Quality Control Board is in the process of issuance of permit.

FISCAL DA TA: Due to the delays in the implementation of the program, a small expenditure has been made during fiscal year 1994-95. The assessments for fiscal year 1994-95 were $4. BAU. 72/ Total f
172956
revenues collected as of June 1995 are $54,183 and total expenditure by the County charged to City is 7,185. In addition, there are some expenses incurred by the city which are minimal. Three options are proposed for City Council'sreview and approval. Under Option I, all the budget amounts will be assessed city wide, setting an estimated annual assessment of $3. BAU. 85/Under Option II, a sum of 23,449, 50% of available cash balance will be utilized from the reserves collected in fiscal year 1994- 95 resulting into annual assessments of $1. 79/BAU. Option Ill, it is proposed to use the reserves available from 1994-95 and does not call for any assessments for Fiscal Year 1995-96.

RECOMMENDED BY: APPROVED BY:

Pa r~or, Public Works Director/
City Engineer
I7DJII 173057
RESOLUTION NO. 1995-125

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

CALIFORNIA, APPROVING THE BUDGET FOR COUNTY SERVICE
AREA 152 TO FUND CITY'S NATIONAL POLLUTANT DISCHARGE
ELIMINA TION SYSTEM (NPDES) PROGRAM FOR FISCAL YEAR 1995- 96 WHEREAS, the County of Riverside, by this Resolution No. 93-454 adopted December 21, 1993, annexed the City of Banning to its County Service Area (CSA) 152 at the City's request to meet the Environmental Protection Agency's requirement to obtain operating permits for discharges from storm drain systems and to pay for anticipated project costs that places an assessment on property owner's tax bills to fund expenditures required by the permit; and WHEREAS, City staff has estimated the storm water management program requirements will cost the city approximately $43, 00844.annually; and WHEREAS, a "Benefit Assessment Unit" is defined in the Riverside County Flood Control and Water Conservation District Manual, the portion of which defining Benefit Assessment Unit is attached as Exhibit 1 and by this reference make a part hereof; and WHEREAS, this City Council has determined, based on staff's calculations, that annual
assessments are anticipated to be approximately $ per Benefit Assessment Unit.

NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Banning hereby approves the annual budget for fiscal year 1994-95 NPDES program attached as Exhibit A".

PASSED, APPROVED, AND ADOPTED this 11th day of July, 1995.

ArrEST:

Donald E. Smith, Mayor
City of Banning, California
City Clerk of the City of Banning
71 .. 173158

APPROVED AS TO FORM AND
LEGAL CONTENT:

John F. Wilson
City Attorney
CERTIFICATION:

I, Marie Calderon, City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution No. 1995-125, was duly adopted by the City Council of the City of Banning, California, at a Regular Meeting thereof held on the 11th day of July, 1995, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Marie Calderon, City Clerk,
City of Banning, California
17~
173259
E.)( H, B / T "It "

CITY OF BANNING
NPDES BUDGET FOR CSA 152
FY 1995-96
PERSONNEL - SALARIES AND BENEHTS 14,424

EACH CO-PERMITTEE OF THE MUNICIPAL NPDES PERMIT MUST

SUBMIT ANNUAL PROGRESS REPORTS, ADMINISTER BMP PROGRAMS,

PERFORM RECONNAISSANCE SURVEY, PREPARE ANNUAL BUDGET,

AND PERFORM VARIOUS OTHER TASKS AS REQUIRED BY THE
RWQCB.

ASSISTANT ENGINEER (57950 x .10)
PUBLIC WORKS INSPECTOR (48675 x .10)
ENGINEERING TECHNICIAN (37615 x .10)
STORM DRAIN SYSTEM INSPECTION 4,600
INITIAL INSPECTION ( 1200)
MAP EXISTING S.D. FACILITIES ( 2000)
WATIiR QUALITY TESTING (1000)
DOCUMENT VIOLATIONS (400)
DRAINAGE AREA MANAGEMENT PLAN (DAMP) 8,650

DAMP PREPARATION (RCFC & WCD)

IMPLEMENTATION OF BEST MANAGEMENT PRACTICES
INSPECTION FORMS FOR PUBLIC WORKS INSPECTOR (250)
ADDITIONAL CATCH BASIN MAINTENANCE ( 2000)
ADDITIONAL STREET SWEEPING (1800)
CATCH BASIN STENCILING (1500)
DEVELOPMENT OF GRADING ORDINANCE (1800)
DEVELOPMENT OF BMP MANUAL FOR NEW DEVELOPMENT (800)

SPOT INSPECTION OF COMMERCIAL/INDUSTRIAL
AREAS FOR ILLEGAL DUMPING (500)
EDUCATION 5,700
PESTICIDE TRAINING FOR CITY PERSONNEL (1200)

PERMIT TRAINING REQUIREMENTS FOR INSPECTORS, PLAN
CHECKERS, ENGINEERS AND PLANNERS (500)
INSPECTOR TRAINING TO ENFORCE BMP'S (500)

UTILITY BILL INSERTS WITH INFORMATION ON IMPACTS FUEL
SPILLS, ILLEGAL DUMPING, EROSION, ETC (3500)

73.173360
CONTINGENCIES 10%
OThER
3,340
5,930
LEGAL MAILINGS 29 X 7448 (2160) ASSESSOR LINE ITEM CHARGE .25 X 7448 1870) RCFC & WCD BAU COMPUTER TIME (1900)
CSA ADMINISIRATION FEE 1,200
TOTAL 43,844
ESTIMATED BAD'SINCLUDING 10% DEFAULT RATE
ESTIMATED BAU RATE:
11,368

3.85 1'/ .173461
ooUNTY SERVICE AREA 152 - NPDES
aTY OF BANNING ACCOUNT
FI.SCAL YEAR 94/95 - AS OF JUNE 23. 1995
L FY 94/95 Secorcd Tax Ron
Revenue Fixed Cbarg.e5

2. FY 94/95 City Pan;el Paid listing
Revcuue CoJ1ectedI
Jamwy 31.185
May 22,998
June Due
July Due

3. FY 94/95 City CSA 152 lhpenses
Mailing 2,138
As.sessor Une Charge 1.,247
Flood BAU Charge 560
CSA AdIDin Fee 3~

4. FY 94/95 City of Banning NPDES Expemes
To Date
S. Total City of BaDøiDg,lCSA 152 ÐqJense8

6. BaIaDa: Available
H of June 23. 1995
59,859
54,183
7,185
0 7,185
46,998
1 Adual ~ collectcd/pos1Cd to City aAXXJI1JI1.
a Admin Fee is 6% of projected FY 94/95 revenue - $54,000 ($3,240). 175 ., 173562
I
Exhibit A

CSA 152 FY 95/96 PARCEL FEES/BUDGET
FY 95-96 lD; FY 95/96 lm;l
FY 94/95
l.M . 2! Ilw1W ~ Parcel Fee' ..Qu¡m Parcel Fee
CSA 152 3, 000596, 3,53L383 507,647
Banning 54,000 54,000 .$ 4æ-i' 9,Tl3 $ 4,72
Cathedral Ci1y 167,000 167,000 $ 8.48 16,815 $ 8.48
Coac;bella 0 0 $ 0.00 3,844 ofa
Corona 223,000 223,000 $ 5,82 24,449 55.82
Desrt Ht Srp 11,000 11,000 $ 1.57 9,385 51.57
Indin 0 0 SO.OO 12,347 ala
La Quinta 105,000 105,000 $ 9.99 12,719 $ 9.99
Lake Elsinore 149,000 149,000 $ 13.88 12,000 n/a
Moreno Valley 387,000 387,000 - 5&l5-? 38,648 $ 1.55
Murneta. 130,000 130,000 $ 10.00 13,708 $ 10.00
Nora) 50,000 So,OOO $ 5.78 6,404 $ 5.78
Palm Dcsen 0 0 so.oo 19,028 o/a.

Palm Sprinp 337,000 337,000 $ 9~ 25,810 $ 9.50
Rancbo Mirage 68.000 68,000 $ 4.68 1Q,23O $ 4.68
Riverside aty 270.000 270,000 S283 fiS,626 S2.83
San Jacinto 45,000 45.000 $ 426 ID,9S0 nfa
1, 000996. 1, 000996, 289,988
Riverside Co 1. 00060. 1 4: 38330. S7.rn" lWfiQ $ 791
3, 000596, 3,83531, 507,647
Parc:c1 Fee is Beuefit Assessment Unit (BAli) rate. FY 95/96 fees remain the same as FY 94/95 except for Moreno Valley ($8.15), Lake EJ.sinme ($13.88. DeW CSA member) and San Jac:into (5426 . new CSA member).

Riverside County baa two mBe rates per Board aetÎ.OI1 Fcb 1, 1994. Urb8jJ. rate is S7.rn and rural rate is $4.09 fOr Zl,CXKJ parçeis.

Po8t-ir" Fax Nole
To
CaJDIøl
111 173663
S1 ATE OF CALIFORNIA - CALIFORNIA ENVIRONMEN, ~LPROTECTION AGENCY CALIFORNIA PETE WILSON Govemo. REGIONAL WATER QUALITY CONTROL BOARD COLORADO RIVER BASIN. REGION 7 73-720 FRED WARING DR., SUITE 100
PALM DESERT, CA 922<;0
Phone ( 619) 346-7491
FAX (GI9) 341-6620
0 ¿ , JÎ,J
APR 2 8 1994 r',! rf. 111& íE1l!
Bruce C. Daniels, City Manager
City of Coachella
1515 Sixth Street
Coachella, CA 92236
RE: Areawide Municipal Storm Water Program for the Coachella Valley This letter is to inform you that the City of Coachella is a storm water required to finance
Regulations, Part
pollution prevention program. Title 40 of the Code of Federal Pollutant
122, Section 26 ( 40 CPR 122.26) requires that a National Discharge Elimination System ( NPDES) Permit be obtained for of storm water in areas discharges letter dated March
designated by the Director of the NPDES Program. In a
14, 1991, the Regional Board's Executive Officer the Whitewater River Basin designated Region as an area subject to the requirements for municipal statutory separate storm sewer system permits.

There is no question that the storm water program is federally mandated and support funding is not available. However, this benefits for the
program does provide significant
Valleycitizens of Coachella and all the citizens of the Coachella Many citizens are unaware that storm water runoff is a water leading cause of quality impairment throughout the nation. This pollution program emphasizes prevention, a common sense and much more cost effective rather than approach, cleaning up polluted storm water. public Examples of such measures include education, regulatory powers ( e. g., ordinances). programs to detect illegal connections and discharges, and land use elimination of storm water
planning. all of which emphasize pollution at its source. problem,
Since all
a
municipalities contribute to the cumulative storm water pollution cooperative, coordinated approach to its essential. For management and control is this
the City of Coachella) ,
reason, the t2n cities in the Coachella Valley (including Flood Control and Water
along
Conservation
with the County of Riverside, Riverside County District, and Coachella District, have Valley Water formed together as a group to be regulated under a
Part I of the single permit.
application is
permit application was submitted on May 17, 1992, and Part 2 of the expected to be submitted on May 17, 1994. As a Part 2 requirement of the application, a fiscal
applicants will
analysis must be provided showing how the co- provide the operational and maintenance expenditures to accomplish the activities necessary CPR 122. d)( vi)). 26((
specified in the storm water management program ( 40
Most of the co-applicants of the permit have decided to finance their storm water properties
programs through
within
County Service Agreement 152 ( CSA 152), a tax assessment on the areas serviced by the agreement. It is our that Coachella has decided to understanding join CSA 152, but proposes not to assess a fee to 171 173764
Bruce C. Daniels, City Manager
City of Coachella

property owners within the City, thereby, generating no revenues to program. support the
Unless there is an alternative plan for
effectively financing, the City will be unable to implement its storm water program. This could violations of the eventually lead to Valley, which is
areawide municipal storm water permit for the Coachella expected to be adopted by the Regional Board in Violations of early 1995. this permit could lead to significant enforcement action Regional Board by the administrative
against the City including issuance of a Cease and Desist Order. imposition of civil monetary liability, or Attorney General for referral to the judicial assessment of up to $50,000 per day of violation, in addition to injunctive relief.

Please submit a
response to this letter by May 17, 1994, indicating the the City of Coachella intends to take to finance action(s) its storm water program.

If you have any questions or comments regarding this
Vincent Christian of letter, please contact the Regional Board staff at (619) 776-8933. r
VC/ci
cc: All co-applicants ( see attached list)
Elizabeth Jennings, OCC
Bruce Fujimoto, DWQ
Mike Cohen, CVAG
Jennifer Cohen, Woodward and Clyde
Gilbert Rangel, County of Riverside, Administrative Office File Ref: STIl MUN GC 1. 0
171.173865

SUBMITTAL TO THE BOARD OF SUPERVISORS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
ITEM:19.1
(tD # 25313)
MEETING DATE:

Tuesday, July 09, 2024
FROM : OFFICE OF ECONOMIC DEVELOPMENT
SUBJECT: OFFICE OF ECONOMIC DEVELOPMENT: Public Hearing on the Adoption of Resolution No. 2024-117, County Service Area Charges for Fiscal Year 2024-2025. All Districts. [$0]

1. Conduct a Public Hearing to Allow Public Testimony Regarding Enactment of the Proposed County Service Area Charges for Fiscal Year 2024-2025, as Shown in Exhibit A of Resolution No.2024-117: and

2. At the Close of the Public Hearing, Adopt Resolution No. 2024-117, a Resolution of the Board of Supervisors of the County of Riverside Adopting Charges for Extended Services Provided in County Service Areas for Fiscal Year 2024-2025.

ACTION: Policy

MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Gutierrez, seconded by Supervisor Jeffries and duly carried by unanimous vote, lT WAS ORDERED that the above matter is approved as recommended.

Ayes:

Nays:

Absent:

Date:
xc:

Jeffries, Spiegel, Washington, Perez and Gutierrez
None
None
July I, 2024
OED
Kimberly A. Rector
Clerk of the Board

By
Depu

19.1 RECOMMENDEO MOTION: That the Board of Supervisors:
173966

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

FINANCIAL
DATA
Cu116nt Flscal Year: TotalCost: Ongolng Co3t
COST $0 $0 $0 $0
NET COUNTY COST $0 $0 $0 $o
SOURCE OF FUNDS: N/A
Budget Adjustment: N/A
For Fiscal Year 24125
C.E.O. RECOMMENDATION: Approve
BACKGROUND:

Summary
The State legislature enacted the County Service Area Law to provide broad statutory authority for county Boards of Supervisors to County Service Areas (CSA) as a method to finance and provide needed public facilities and services within unincorporated areas of the county.

Pursuant to Riverside County Ordinance No. 573 and Government Code section 25215 et seq., the proposed fiscal year 2024-2025 charges are attached as Exhibit A. County Service Areas provide municipal services to residential neighborhoods such as landscape maintenance, street lighting, street sweeping and road maintenance. The services each community receives are determined during the planning phase of new development, and the cost associated with providing those services are unique to each community. All new residential development is required to prepare an engineer's report that allows for annual adjustments by the greater of two percent or the cumulative percentage increase in the Consumer Price Index for all Urban Consumers (CP|-U), as applicable. Rising utility costs for electricity, water, and trash services as well as increases in labor costs require some CSA charges to increase to ensure the successful delivery of municipal services. Further, Riverside County Ordinance No. 573 Section 3 sets the parameters for the annual setting of charges for CSAS. A written report of (1) the extended services provided in the County by county service areas, and each county service area extending each such service, (2) each parcel of real property within each county service area, and which extended services each such parcel receives, and (3) the amount of charge to each such parcel for each extended service provided thereto. At the public hearing the Board of Supervisors shall hear and consider all objections and protests, if any, to the report. At the conclusion of the hearing, the Board of Supervisors may by resolution adopt, revise, change, reduce, or modify any charge and shall make a determination upon each charge as described in the report.
lmpact on Residents and Businesses
County Service Areas allow communities in unincorporated areas to pay for and receive specific municipal services. These services are unique to each community and offer a quality-of-life enhancement.

ATTACHMENT
E Resolution No. 2024-117
tr Exhibit A - Proposed County Service Areas Charges

174067

SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,

STATE OF CALIFORNIA

174168
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oard of Su

A RESOLUTION OF THE BOARD OF SUPE VISORS OF THE COUNTY OF RIVERSIDE

ADOPTING CHARGES FOR EXTENDED SERVICES

PROVIDED IN COUNTY SERVICE AREAS
FOR THE FISCAL YEAR 2024-2025
WHEREAS, pursuant to California Government Code section 25215.4, the Board of Supervisors (the "Board") is permilted, by resolution or ordinance, to establish user fees, rates, or other charges that are not property-related and to collect said fees, rates, or charges for the services and facilities that the County Service Area ("CSA") provades; WHEREAS, Section 2 of ordinance No. 573 of the County of Riverside provides that all parcels of real property within the boundaries of a CSA shall be subject to a charge for each extended service provided in the service area, and that all such charges shall be computed on the basis ofbeneflt conrerred to each parcel, without regard to the assessed value ofsuch parcel; WHEREAS, Section 6 of Ordinance No. 573 ordains the Board of Supervisors, for every fiscal year, to determine the nature, extent and cost of the extended services to be provided by and within each County Service Area, in conjunction with the proceedings for adoption of the budget for the County;
WHEREAS, Section 6 of Ordinance No. 573 further provides that the rate of charge for each service shall be computed by dividing the net cost of each such service by the total number of parcels in the service area receiving lhe particular service; 07to9t2024 19.1
Countv of Riverside
RESOLUTTON NO. 2024-1 17
174269
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WHEREAS, Ordinance No. 573 requires that the Board of Supervisors conduct a public hearing to hear and consider testimony regarding extended services and charges to be applied within County Service Areas within the County of Riverside; WHEREAS, any person affected by the proposed charges may submit written comments to the Clerk of the Board before the hearing or may appear in support of, or opposition to, the proposals at the time of the hearing; and
WHEREAS, a public hearing pursuant to Government Code Section 25215 et seq. was conducted by this Board of Supervisors on July 09, 2024, to determine the appropriate charges for the liscai year 2024-2025 shown on Exhibit ''A";
NOW, THEREFORE, BE lT RESOLVED, DETERMINED AND ORDERED by the Board of Supervisors of the County of Riverside, in regular session assembled on July 09, 2024, al 9:30 am or soon thereafler in the meeting room of the Board of Supervisors located on the 1st floor of the County Administrative Center, 4080 Lemon Street, Riverside, California, that the County Service Area charges as shown on Exhibit "A" attached hereto and incorporated herein by reference are adopted for fiscal year 2024-2025,
Chair of the Board of Su
Chuck Washington
ors
ATTEST:

Kimberly A. Rector
Clerk to the Board of Supervisors
By
Deputy
07t09t2024 19.1
174370
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Board of Sunervisors
RESOLUTION NO. 2024.I I7
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COT]NTY OF RIVERSIDE

ADOPTING CHARGES FOR EXTENDED SERVICES

PROVIDED IN THE COUNTY SERVICE AREAS
FOR THE FISCAL YEAR 2024-2025
ROLL CALL:

The foregoing is certified to be a true copy of a resolution duly adopted by said Board of Supervisors on the date therein set forth.

By:
0710912024 t9.t
OUNTY OF RryERSID
KIMBERLY A. RECTOR. Clerk of said Board
Deputy
Ayes:

Nays:

Absent:

Jeffries, Washington, Spiegel, Perez, and Gutierez
None
None
174471

COUNTY SERVICE AREA CHARGES

EXHIBIT A
The report below reflects the extended services currently provided along with the assessment range from lowest to highest. The exact charge and extended services provided for a particular parcel may be obtained by calling the Office of Economic Development at 866.504.2067.

CSA# SERVICES PROVIDED PARCELS(1) FY 2024-2025(2)
1 Lighting 83 $12.28
13 Lighting 166 $9.36
22 Lighting 483 $1.76 to $45.95
27 Lighting 432 $20.66 to $79.80
36 Lighting, Park & Recreation 3,565 $35.00
43 Lighting 379 $13.20 to $91.64
*51 Lighting, Water, Sewer 169 $529.00 to $59,700.00
59 Lighting 70 $21.02
62 Lighting, Water, Sewer 331 $60.00
69 Lighting 3,214 $7.54 to $246.55
84 Lighting 2,360 $39.34 to $109.95
*85 Lighting, Park Maintenance 3,310 $20.00 to $338.58
87 Lighting 621 $32.32 to $88.84
89 Lighting 457 $51.70
91 Lighting 2,606 $51.24 to $79.39
94 Lighting 49 $6.04
*97 Lighting 1,054 $18.06 to $3,486.37
103 Lighting 11,919 $27.10 to $136.45
104 Roads 1,311 $65.00
105 Roads 395 $125.00
108 Roads 151 $85.00
113 Lighting 12 $55.00
115 Lighting and Road Maintenance 569 $34.35
117 Lighting 598 $12.17 to $225.72
*121 Lighting, Drainage Basin 4,900 $7.38 to $373.06
122 Lighting, Water 404 $110.00
124 Roads 547 $5.00
*126 Lighting, Landscaping, Park & Rec, Sheriff 3,246 $120.00 to $8,021.52 128E Roads 432 $75.00
128W Roads 113 $75.00
132 Lighting 3,199 $22.43 to $229.88
*134 Lighting, Landscaping, Park & Recreation 7,216 $28.86 to $1,707.81 135 Lighting 209 $6.52 to $68.08
142 Lighting 258 $31.50 to $111.31
*143 Lighting, Landscaping, Park & Recreation 3,971 $98.14 to $14,749.24 146 Street Lighting 33 $124.50
149 Roads 1,541 $200.00 to $292.98
*149A Landscaping 46 $3,352.21 to $4,176.49
*152 NPDES 73,005 $3.06 to $4,597.98
152 Drainage Basin 5,895 $42.75 to $839.76
152B Regional Sports Facilities 2,152 $250.00 to $996.16 152 NPDES City of Corona 39,610 $10.00 BAU
City of Desert Hot Springs 9,373 $10.00 BAU
City of Lake Elsinore 19,462 $13.88 BAU
City of La Quinta 22,323 $9.98 BAU
City of Moreno Valley 47,083 $8.14 BAU
City of Murrieta 32,677 $10.00 BAU
City of Norco 7,180 $10.00 BAU
City of Palm Springs 28,977 $9.50 BAU
City of Rancho Mirage 13,782 $4.68 BAU
City of Riverside 71,994 $10.00 BAU
City of San Jacinto 13,505 $10.00 BAU

1. The actual parcels / lots may change depending upon parcel splits / changes.

2. The exact charge for a particular parcel may be obtained upon request by calling the Office of Economic Development 866.504.2067. *These CSAs include residential, multi-family and commercial parcels 174572
Attachment 9. Public Outreach Summary
1 of 2
• Zen City Website updated on September 30, 2024 to include a new CSA 152 Storm Water Assessment Project Page, Public Meeting Dates, September 24, 2024 City Council Workshop Information and FAQ sheet
1746
Attachment 9. Public Outreach Summary
2 of 2
• City Website updated on October 23, 2024, to include CSA 152 Storm Water Assessment, with direct link to Zen City Project Page
• Advertisement of Public Outreach Events at the Banning Library and Senior Center, flyers were dropped off at each location advertising the Open House meetings and the City Posted Facebook and Instagram Posts on October 23, 2024:
1747
RFP # 24-086 MUNICIPAL ASSESSMENTS SERVICES - Page 1 of 2 FILER
angelo heidt
[email protected]
(951) 922-3121

FILING FOR
The Press-Enterprise
Columns Wide: 4 Ad Class: Legals

INTERIM AD DRAFT
This is the proof of your ad scheduled to run in The Press-Enterprise on the dates indicated below.

If changes are needed, please contact us prior to deadline at (951) 368-9229.

Notice ID: 5jMPRhfp8FtghpTA4RNC | Proof Updated: Oct. 08, 2024 at 03:46pm PDT Notice Name: RFP # 24-086 MUNICIPAL ASSESSMENTS SERVICES 10/11/2024: Notice for Bids 136.77
Subtotal $136.77
Tax % 0
Total $136.77
See Proof on Next Page
1748
RFP # 24-086 MUNICIPAL ASSESSMENTS SERVICES - Page 2 of 2 1749
951.686.1070 3788 McCray Street
Riverside, CA 92506
webbmfinance.com
Prepared for:

Proposal to Provide Municipal Assessments Services to
REINSTATE COUNTY SERVICE AREA CSA 152

STORMWATER ASSESSMENT
October 30, 2024
1750

TABLE OF CONTENTS

PROPOSAL TO PROVIDE MUNICIPAL ASSESSMENTS SERVICES TO
REINSTATE COUNTY SERVICE AREA CSA 152

STORMWATER ASSESSMENT
A. Cover Letter.........................................................................................................................01 B. Statement of Understanding and Approach...........................................02 C. Company Information.................................................................................................05 D. Company Personnel ....................................................................................................06 E. Disclosures ...........................................................................................................................15 F. Experience and References....................................................................................16 G. Pricing.......................................................................................................................................24 H. Evidence of Insurance................................................................................................25 I. Vendor Forms.......................................................................................................................26 1751
1 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
A. COVER LETTER
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbmfinance.com October 30, 2024
Barbara Mason, Purchasing Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
RE: Request for Quotes: Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment
Dear Ms. Mason,
Webb Municipal Finance, LLC (WMF) would like to express our enthusiastic interest to continue partnering with the City of Banning to provide Municipal Assessment Services to Reinstate the CSA 152 Stormwater Assessment. Our statement of qualifications reflects an experienced technical team strong in all consulting services required for your various projects.

WMF is confident we can tailor solutions to meet your needs and develop a strong relationship moving forward. Our extensive experience in administration services has helped us successfully complete similar projects for public agencies such as the Cities of Desert Hot Springs, Riverside, and Norco. Our track record speaks for itself, and we are confident that we can bring significant value to the City of Banning.

Our approach is deeply collaborative, ensuring that we work closely with our clients to understand their unique needs and challenges. For your project, we aim to bring this same level of dedication and partnership. With an eye on the specific deliverables you outlined, including data collection, calculation of BAUs, parcel identification, and more, WMF is prepared to leverage our skills and resources to contribute to your success.

As President/Managing Director and Chief Compliance Officer, I offer my personal commitment to provide the City of Banning the best resources and services available. If you have the need to talk to me at any time, either before or after your selection decision, please call me at my direct number at 951.320.6087, or you can email me at hschoeppe@webbmfinance. com.

WMF intends to perform the services and confirms that all elements of the RFP have been reviewed and understood. WMF confirms its willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement without exception.

Sincerely,
3788 McCray Street
Riverside, CA 92506
951.686.1070
webbmfinance.com
DIR: 1000061305
Heidi Schoeppe | Registered Principal Municipal Advisor Representative
President/Managing Director, Chief Compliance Officer
[email protected] | 951.320.6087
1752
2 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
B. STATEMENT OF UNDERSTANDING AND APPROACH

STATEMENT OF EXPERIENCE
WMF supports agencies in recovering lost revenues in CSA 152 through advanced GIS and KML mapping techniques, which accurately delineate city boundaries and monitor real-time parcel development. Additionally, WebbSTAR, our proprietary software, effectively helps manage parcel data, facilitating the recognition of parcel splits, merges, and any changes in land use or ownership, ensuring that all relevant information is systematically captured and utilized.

PROJECT TEAM QUALIFICATIONS
• Our team leads, Heidi Schoeppe and Charmaine McCarvel, have over 40 years of combined experience providing similar services to other public agencies throughout Southern California • Key personnel will be available as proposed for the duration of the project

QUALITY ASSURANCE
QA/QC is a core value at WMF that shapes our unique project management approach. Reinforced by experience and commitment to best practices, our QA/QC standards provide optimal results. WMF maintains a high level of quality assurance by following the protocols outlined below.

1. Communication Open Dialogue - Communication between team members and City Staff is critical for project success.

WMF coordinates with our clients to set goals, procedures, and expectations, and to be an expert resource for any challenges that may arise. At the start of a project, we evaluate and confirm the preferred methods of communication with your staff. WMF then uses the established methods of communication throughout the project, improving the time it takes to develop quick and efficient resolutions in case an issue arises.

2. Compliance Government Codes and Regulations - To ensure proper compliance is maintained, WMF stays current and compliant with the California Streets and Highways Code Landscape and Lighting Act of 1972, Proposition 218, the Benefit Assessment Act of 1982, as well as any case laws that affect the formation or administration of these Districts and other state and federal requirements.

STATEMENT OF UNDERSTANDING AND PROJECT APPROACH
Task 1: Project Management and Administration
Project Management
WMF will be responsible for managing the project activities throughout the contract, including managing the schedule, budget, setting up meetings, and managing the project team. WMF will ensure that the Assessment Roll and Summary Report meet all applicable State, Riverside County, and local requirements for the levy of assessments.

Kick-off Meeting
This meeting aims to coordinate with the City to review the scope of the project and understand the specific goals, components, and criteria to meet the City’s needs. We will also establish the City’s preferred method of communication.

To achieve this, WMF will coordinate with City Staff to establish a schedule and prepare a timeline, based on the City’s 1753
3 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
scheduling requirements, outlining key dates, events and responsibilities adhering to statute requirements. We will review the timeline with City Staff and make adjustments as needed. We will also discuss our role in the project, progress reporting, scheduling and invoicing, key milestones, and potential data needed from the various City departments.

Project Milestones/Monthly/Additional Meeting
WMF will prepare a project execution schedule listing the major milestones to the City of Banning for approval. WMF will prepare regular progress reports and meeting Agendas and Minutes for the City of Banning Staff each month. In addition to the kick-off meeting, WMF will attend three (3) monthly meetings, a meeting to go over final submittals and, if requested, a meeting to present the Final Assessment and Summary Report to the City Council, as well as attending the City Council Meeting approving the Resolution authorizing the levy.

Task 2: Public Participation Assistance
Community Outreach
WMF will coordinate with City Staff to engage the residents with proven approaches for outreach. WMF will attend three (3) in-person meetings with stakeholders and provide parcel and property owner details and information to the City’s Public Information Officer (PIO) for public notices, flyers, and social media posts he will prepare.

Property Owner Services
WMF will serve as the initial and primary contact to City Staff, property owners and other interested parties for inquiries regarding CSA 152. The City may also refer to WMF, property owners, title companies, and other interested parties with inquiries.

Task 3: Data Collection and Research Parcels Within City Boundaries WMF will create and maintain a comprehensive parcel database for all the parcels within the City’s boundaries using our proprietary software, WebbSTAR™, the latest assessor’s parcel maps and secured tax roll information from the Riverside County Assessor’s Office and Geographic Information System (GIS) shape files for our in-house GIS platform. The database will include all data related to each Assessor’s Parcel Number, including, but not limited to, acreage, classification, land use code, development status, Benefit Assessment Units (BAU), property owner information, situs and mailing address, and tract and lot information.

Task 4: Calculate BAUs, Levy Amounts and Preparation of Roll and Summary Report WMF will calculate and determine BAUs and the levy amounts, based on the type of property/land use and development status/area, as described in County Ordinance No. 573 for all assessable properties within the City of Banning limits.

WMF will prepare a levy submittal file in the format required by the Riverside County Assessor’s Office. The levy will be summarized in a Draft Assessment Roll and Summary Report for City Staff to review by mid-April of 2025. The Summary Report and Assessment Roll will be revised as needed in accordance with the City Staff’s review comments and changes.

Task 5: Submittal of Initial and Final/Resubmittals Levy Roll, Preparation of Required Documents and County Coordination
WMF will submit the final Assessment Roll and Summary Report to the City who will then submit it to the Riverside County Economic Office, who administers the CSA 152 assessments. WMF will research any rejected PINs by the County Assessor’s Office and resubmit the levy as appropriate. WMF will advise and assist the City with any County required staff report, resolution, authorized personnel letter, Prop 218 compliance, etc. required for the CSA 152 reinstatement of assessments and County deadlines. WMF will answer any questions the County or public may have regarding this first initial levy through August of 2025. If requested, WMF will present the Final Assessment and Summary Report to the City Council via a workshop or City Council meeting and answer any questions. 1754
4 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Task 6: Optional
Additional Services
In-House Technology: WMF uses our innovative GIS technology and our proprietary software, WebbSTAR™, to ensure the accuracy of our work products. We use GIS technology to create Audit maps of the District as well as KML files that link directly to Google Earth and allows the City to view the parcels in the district and drill down to the parcel level for the classification and levy information. WebbSTAR™ was designed as a database management system to provide administrative services for property-related fees, assessments, charges, and taxes. Throughout the project we use WebbSTAR™ to store all data including complete parcel information, generate levies, and reporting. Our new client portal feature allows the City to access reports and parcel-related data in real-time.

PROJECT SCHEDULE

SUMMARY & CLOSURE
WMF has a highly qualified team of professionals with extensive experience in projects very similar to the City’s needs. Our work plan is to always provide cost-effective and high-quality customer service to all our client’s projects. WMF’s project manager and the WMF Team proposed are confident this approach meets and exceeds the City’s expectations.

Description Due Date Party
Responsible
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5 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
C. COMPANY INFORMATION
In 2018, Webb Municipal Finance, LLC (WMF) became a separate entity from Albert A. Webb Associates (WEBB) due to the rules imposed by the U.S. Securities Exchange Commission (SEC) requiring firms and consultants providing certain types of services to municipal agencies to register with the SEC and Municipal Securities Rulemaking Board (MSRB). In compliance with the SEC’s ruling, and to ensure our ability to continue providing comprehensive services to our clients, WEBB took measures to transition the Municipal Finance Department to this new entity, now known as Webb Municipal Finance, LLC (WMF). As a registered Municipal Advisor Firm, we are regulated and have a fiduciary duty to our clients above that of any non-registered firm.

Our team of 11 Associates is comprised of senior-level staff, multiple Registered Municipal Advisors Representatives, and experts who have dedicated their careers to assisting communities build the necessary services and infrastructures through special financing districts.

Our robust list of services, proven experience in all areas of municipal finance, and excellent project management approach, coupled with our mission of “integrity in our dealings with clients, staff, public officials, and the public,” is what makes WMF the absolute right choice to provide efficient and fluid management for all projects.

LITIGATION
WMF has no litigation history related to the provision of services within the last five (5) years. We are committed to delivering high-quality work, adhering to industry standards, and maintaining excellent client relationships. This track record of success demonstrates our focus on risk management, clear communication, and effective project execution.

FIRM SPECIFICS
Legal Name:

Webb Municipal Finance, LLC
Legal Form:

Limited Liability Corporation
State of Incorporation:

California
Established:

January 18, 2018
MSRB ID:
#K1229
Authorized to Sign (Main Contact):

Heidi Schoeppe
3788 McCray Street
Riverside, CA 92506
951.320.6087
[email protected]
webbmfinance.com
Additional Office Location:
41870 Kalmia Street #160
Murrieta, CA 92562
1756
6 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086

PROJECT MANAGER

POINT-OF-CONTACT
Charmaine McCarvel
Assessment Manager
Years of Experience: 20
Contact Number: 951.320.6069
Organizational Chart
D. COMPANY PERSONNEL

PRINCIPAL-IN-CHARGE
Heidi Schoeppe
President/Managing Director & Chief
Compliance Officer
Years of Experience: 20
Contact Number: 951.320.6087
WMF’s collaborative approach fosters relationship-building with your staff, allows for ease in discussion of any potential issues that may arise, and immediately provides quick resolutions. We are experts in the area of California Code and are able to provide progressive solutions in concert with all laws and regulations within the industry. This improves overall project management, reduces the opportunity for mistakes and delays, and allows our staff to provide effective and efficient services. All WMF Key Team Members are involved in every project and are available for comments, questions, and discussions at any frequency as requested. No key personnel will be substituted without the City’s consent.

ASSISTANT PROJECT

MANAGER
Nadia Benali
Senior Assessment Associate
Years of Experience: 16
Contact Number: 951.830.1591

GIS SPECIALIST
Joshua Norris
Finance Analyst
Years of Experience: 5
Contact Number: 951.248.4296

PROJECT SUPPORT
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7 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Project Manager Overview
Charmaine McCarvel
• Charmaine has had the pleasure of working with the City of Banning on past projects and has built a strong rapport with the City Staff members she assisted • Charmaine has a wealth of experience collaborating with public agencies to implement new charges, focusing on effective public outreach strategies - Her expertise includes engaging stakeholders, communicating changes clearly, and ensuring community understanding of new initiatives
• Charmaine demonstrates strong leadership skills and a keen attention to detail, ensuring that project timelines are adhered to and that all documents are thoroughly reviewed for accuracy Assessment Manager
Knowledge, experience, and responsiveness are key elements of a strong team needed to exceed the City’s goals and expectations for this project. WMF has a team of professionals that will deliver these key elements to your project. The assembled team has a long history of working together, which increases communication and efficiency when managing projects for the City.

Charmaine McCarvel, will serve as Project Manager and will be the City’s primary point‑of‑contact for all scope of work tasks deliverables. Heidi Schoeppe, will be Principal-in-Charge for the City. Heidi will be the direct point-of-contact with the City for all contractual matters and will focus on resolving any critical contract issues as soon as they are identified. Charmaine as the Project Manager is responsible for ensuring customer service needs are met, including on-time performance and delivery of all project deliverables. Charmaine has over 20 years of experience working on Special District projects and multiple public agency projects throughout California.

Our assigned project team consists of senior-level professionals who will perform the required tasks for the City. By taking this approach, an experienced professional always has in-depth and intimate knowledge of each project task. This improves overall project management, reduces the opportunity for costly mistakes and delays, and allows our staff to provide very effective and efficient service to you.

Coordination is critical for your projects. Our team has the experience needed to handle multiple tasks at the same time and the capability to target our skill sets to each task. This translates into a quick turnaround, efficient execution, and better time management.
[email protected] | 951.320.6069
1758
8 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Heidi Schoeppe
President/Managing Director, Chief Compliance Officer
Registered Principal Municipal Advisor Representative
Heidi Schoeppe is a leader in the development of innovative solutions for the formation and administration of special financing districts for municipalities throughout California.

Due to her technical skills and sound approach, Heidi serves as a professional resource to her clients, associates, and finance teams.

Speaking at conferences throughout California, informing clients on proposed and enacted legislation, and being called upon as an expert consultant to financing teams, allows her the opportunity to provide her clients and team with the most up-to-date information in the field of special financing districts with a focus on the needs of her clients and their constituents.

With over 20 years in the field, Heidi has managed infrastructure and services special financing district formations and has participated in numerous bond financing and refinancing projects totaling more than $1 billion in debt issuance, providing significant savings to her clients and their constituents. Heidi has authored disclosure, debt, and land secured special financing district policies, staying in front of legislative updates to ensure her clients are receiving sound advice. Heidi specializes in providing full program management, formation, administration, annexation, district auditing, constituent relations, and consulting services including Proposition 218, Landscaping and Lighting Act of 1972, Municipal Improvement Act of 1913, Improvement Bond Act of 1915, and Mello Roos Act of 1982, and Benefit Assessment Act of 1982.

Years of Experience:
20 Years
Education:

MS, Finance
San Diego State University
BS, Business Administration
California State University,
San Marcos
Affiliations:

California Society of Municipal
Finance Officers (CSMFO)
Vice Chair for Communications
Committee
Advisor for Professional
Standards & Recognition
Committee
Leadership Team for Inland
Empire Local Chapter
Government Finance Officers
Association (GFOA)
California Municipal Treasurers
Association (CMTA)
Commercial Liaison to the
Board
Disclosure Policy Certification
Committee
Women in Public Finance
Association of Women in Water,
Energy and
Environment Member
Committee on Assessments,
Special Taxes & Other
Financing Facilities California

TEAM RESUMES
Formation, Administration, and Annexation Services, City of Desert Hot Springs - Heidi serves as the Principal‑In‑Charge and is responsible for overseeing all Special District Services for the City of Desert Hot Springs’ Districts. These Districts include County Service Area 152, the Citywide Landscaping and Lighting District, Drainage Benefit Assessment District containing 17 zones, Landscape Maintenance District containing 18 zones, two Community Facilities Districts, two Public Safety Measure Tax Districts (includes fire, paramedic and police services), and three tax roll billings for disposal and nuisance abatement services. Services provided in relation to these Special Financing Districts include Preliminary and Final Engineer’s Reports, Proposition 218 balloting proceedings, delinquency management, prepayment calculation and analysis, bond redemption analysis and preparation, annual budget preparation, fund balance analysis, City Council resolutions and staff report preparation, mapping and exhibits preparation, attendance of City Council meetings, tracking parcel/district development, levy audit map preparation, Continuing Disclosure and CDIAC Reporting preparation and filing, annual reporting, property owner services, and various other special projects on an as needed basis. Annexation services include the review of improvement. plans and maintenance quantities, establishment of appropriate maintenance categories, the preparation of cost estimates, and special tax rate per residential unit or acre.
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9 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Administration and Formation Services for Special Districts, City of Riverside - Heidi serves as the Principal-InCharge providing formation, annexation, bond issuance, and administration services for the City’s County Service Area 152, Community Facility Districts, Assessment Districts, and Landscaping and Lighting Maintenance Districts (LLMD).

The City’s CFDs and ADs provide funding for the construction and acquisition of improvement facilities, as well as maintenance services throughout the City. The types of facilities financed through the use of special districts include roadway improvements, storm drain, water, landscape and irrigation improvements, wall rehabilitation, and street and display lighting. The City’s Street Light Assessment District (SLAD) and LLMDs provide for the operation and maintenance costs of the City’s street lighting and landscaping throughout the entire City.

Administration Services, City of Norco - Heidi currently serves as the Principal-In-Charge for the City of Norco administration services. WMF currently performs full administrative services for the City of Norco’s five Landscape and Lighting Maintenance Districts (LLMDs), and County Service Area No. 152.

Administration and Annexation Services, City of Rialto - Heidi currently serves as the Principal-In-Charge for the City of Rialto administration and annexation services. WMF currently performs full administrative services for the City of Rialto’s Three Landscape and Lighting Maintenance Districts (LLMDs), containing multiple zones, and four Community Facilities Districts (CFDs). Services provided by WMF also include LLMD Annexations and Proposition 218 Ballot proceedings.

Administration and Consulting Services for Special Districts, City of Chino - Heidi serves as the Principal-in-Charge for the City. She is responsible for CFD formations and bond issuances, as well as the annual administration for all Community Facilities Districts, and Landscape and Lighting Maintenance Districts for the City. Services provided in relation to these special financing districts include extensive delinquency management, Proposition 218 consulting services, prepayment calculation and analysis, bond redemption analysis and preparation, annual budget preparation, fund balance analysis, tracking parcel/district development, levy audit map preparation, preparation of Continuing Disclosure and CDIAC and Annual Engineer’s Reports, SB 165 Compliance, coordination of arbitrage rebate calculations, and various other special projects on an as needed basis.

Administration and Program Management Services for Special Financing Districts, Jurupa Community Services District - Heidi serves as the Principal-in-Charge for JCSD providing oversight for 120 bonded and non-bonded Community Facility Districts (CFDs) as well as six Landscaping Maintenance Districts (LMDs) with 124 Zones.

Administration & Consulting Services for Special Financing Districts City of Temecula - Heidi serves as the Principalin-Charge and Program Manager for the City. She is responsible for overseeing the annual administration for all Community Facilities Districts, and Community Service Districts. Services provided in relation to these special financing districts include delinquency management, bond redemption analysis and preparation, annual budget preparation, tracking parcel/ district development, preparation of Continuing Disclosure and CDIAC Reports, SB 165 Compliance, Community Facilities District Annexation and formation consulting services, Community Facilities District Defeasance services, and Community Facilities District Refunding services. Services provided for the City also included Proposition 218 services in which Heidi and the WMF Team provided assessment balloting proceedings for 10 Zones within the City’s Community Services Districts.

Heidi Schoeppe
President/Managing Director, Chief Compliance Officer
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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Charmaine McCarvel
Assessment Manager
Charmaine McCarvel, Assessment Manager, assists municipalities with formation, annexation, financing, and annual administration services. Her efforts help ensure districts continue to receive appropriate tax funding to provide much-needed community services and infrastructure.

Charmaine offers over 20 years of expertise in the Landscaping and Lighting Act of 1972, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Mello-Roos Community Facilities Districts Act of 1982, and the Benefit Assessment Act of 1982. She has provided a full range of services including Proposition 218 compliance, dynamic client support with the preparation of annual budgets, staff reports, annual Engineer’s Reports, annual disclosure reports, and legal documents required for special district formation, annexation, and administration.

Years of Experience:
20 Years
Affiliations:

California Society of Municipal
Finance Officers Formation, Administration, and Annexation Services, City of Desert Hot Springs - Charmaine serves as the Project Manager and is responsible for providing all Special District Services for the City’s Districts. These Districts include the County Service Area 152, Citywide Landscaping and Lighting District, Drainage Benefit Assessment District containing 17 zones, Landscape Maintenance District containing 18 zones, two Community Facilities Districts, two Public Safety Measure Tax Districts (including fire, paramedic and police services), and three tax roll billings for disposal and nuisance abatement services. Services provided in relation to these Special Financing Districts include Preliminary and Final Engineer’s Reports, Proposition 218 balloting proceedings, delinquency management, prepayment calculation and analysis, bond redemption analysis and preparation, annual budget preparation, fund balance analysis, City Council resolutions and staff report preparation, mapping and exhibits preparation, attendance of City Council meetings, tracking parcel/district development, levy audit map preparation, Continuing Disclosure and CDIAC Reporting preparation and filing, District Audit review, annual reporting, property owner services, and various other special projects on an as needed basis. Annexation services include the review of improvement plans and maintenance quantities, establishment of appropriate maintenance categories, the preparation of cost estimates, and special tax rate per residential unit or acre.

Administration and Formation Services for Special Districts, City of Riverside - Charmaine serves as the Project Manager providing administration services for the City’s County Service Area 152, Community Facility Districts, Assessment Districts, Street Light Assessment District, Community Services District, and Landscaping and Lighting Maintenance Districts. The City’s CFDs and ADs provide funding for the construction and acquisition of improvement facilities, as well as maintenance services throughout the City. The types of facilities financed through the use of special districts include roadway improvements, storm drain, water, landscape and irrigation improvements, wall rehabilitation, and street and display lighting. The City’s Street Light Assessment District (SLAD) and LLMDs provide for the operation and maintenance costs of the City’s street lighting and landscaping throughout the entire City. 1761
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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Administration and Annexation Services, City of Rialto - Charmaine serves as the Project Manager and manages full administrative services for the City’s Three Landscape and Lighting Maintenance Districts (LLMDs), which containes multiple zones. Services provided by WMF also include LLMD Annexations and Proposition 218 Ballot proceedings.

Administration and Consulting Services for Special Districts, City of Chino - Charmaine serves as the Project Manager for the annual administration for all Landscape Maintenance Districts (over 170 zones) and Community Facilities Districts for the City. Services provided in relation to these Special Financing Districts include the preparation of Annual Engineer’s Reports, Proposition 218 consulting services, extensive delinquency management, prepayment calculation and analysis, annual budget preparation, fund balance analysis, tracking parcel/district development, Levy Audit map preparation, preparation of Continuing Disclosure and CDIAC Reports, SB 165 , SB 1029, and AB 2109 Compliance, property owner services, and various other special projects on an as needed basis.

Administration and Consulting Services for Special Districts, City of Temecula - Charmaine serves as the Project Manager for the City’s Community Services Districts and one Citywide Parks and Lighting District. Services provided in relation to the City’s special financing districts include annual budget preparation, Annual Engineer’s Report, annual noticing, meeting attendance, assistance with preparation of staff reports and resolutions, fund balance analysis, tracking parcel/district development, Levy Audit map preparation, property owner services, and various special projects on an asneeded basis. Services provided for the City also included Proposition 218 services in which Charmaine and the WMF Team provided assessment balloting proceedings for the City’s 29 Zones within the City’s Community Services Districts.

Administration Services, City of Norco - Charmaine serves as the Project Manager and is responsible for providing all Special District Services for the City’s Districts. These Districts include the County Service Area 152 and five Landscaping and Lighting Maintenance Districts.

Formation, Debt Issuance, Administration, & Program Management Services for Special Financing Districts, Jurupa Community Services District - Charmaine serves as an Project Manager for JCSD, assisting with the oversight for 120 bonded and non‑bonded Community Facility Districts (CFDs) including six Landscape Maintenance Districts (LMDs)with 124 zones. With nearly 20 years working with JCSD, Charmaine has assisted in formations and bond issuances, and is responsible for the annual administration which includes the preparation of Annual Engineer’s Reports, Semi-Annual and Annual Disclosure Reports, CDIAC, SB 165, SB 1029, and AB 2109 reports, annexations, district audits, constituent relations, and consulting services including Proposition 218, 1972 Act Landscaping and Lighting Maintenance Districts, and Community Facilities Districts.

Charmaine McCarvel
Assessment Manager
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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Nadia Benali, an Senior Assessment Associate at WMF, provides administration and consulting services to municipalities throughout Southern California to ensure their special financing districts function smoothly. Nadia, who earned a Master of Business Administration (MBA) with an emphasis in Accounting in 2005, joined WMF with seven years of experience in district administration in the California municipal market. In fact, she has worked as a financial analyst in district administration for cities and municipalities in five different counties in the state. Nadia, who prides herself on providing excellent customer service, has served as lead contact for all of her clients.

She has administered and consulted on the Landscaping and Lighting Act of 1972, Municipal Improvement Act of 1913, Improvement Bond Act of 1915, and Mello-Roos Community Facilities Act of 1982, in addition to special “park tax” districts and those relating to fire services.

Years of Experience:
16 Years
Education:

MBA, Business Administration -
Accounting
University of Phoenix
BS, Hotel & Restaurant
Management
University of Nevada, Las Vegas
Affiliations:

California Society of Municipal
Finance Officers
Nadia Benali
Senior Assessment Associate
Formation, Administration, and Annexation Services, City of Desert Hot Springs - Nadia serves as the Assistant Project Manager and is responsible for providing all Special District Services for the City’s Districts. These districts include County Service Area 152, the City-wide Landscaping and Lighting District, Drainage Benefit Assessment District containing 17 zones, Landscape Maintenance District containing 18 zones, two Community Facilities Districts, two Public Safety Measure Tax districts (including fire, paramedic and police services), and three tax roll billings for disposal and nuisance abatement services.

Administration and Annexation Services, City of Rialto - Nadia seves as Assistant Project Manager and assists in the management of full administrative services for the City’s Three Landscape and Lighting Maintenance Districts (LLMDs), which containes.

Services provided by WMF also include LLMD Annexations and Proposition 218 Ballot proceedings.

Formation, Administration, and Annexation Services, City of Thousand Oaks - Nadia serves as the Project Manager and is responsible for providing all Special District Services for the City of Thousand Oaks Landscape and Lighting Assessment District (LLAD) 79-2, including 43 landscape maintenance zones and six lighting maintenance zones.

Administration and Consulting Services for Special Districts, City of Temecula - Nadia serves as the Assistant Project Manager for the City’s Community Services Districts and one Citywide Parks and Lighting District. Services provided in relation to the City’s special financing districts include annual budget preparation, Annual Engineer’s Report, annual noticing, meeting attendance, assistance with preparation of staff reports and resolutions, and fund balance analysis. Services provided for the City also included Proposition 218 services in which Nadia and the WMF Team provided assessment balloting proceedings for the City’s 29 Zones within the City’s Community Services Districts.
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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Administration and Consulting Services for Special Districts, City of Chino - Nadia serves as the Assistant Project Manager for the annual administration for all Landscape Maintenance (over 170 zones) and Community Facilities Districts for the City. Services provided in relation to these Special Financing Districts include the preparation of Annual Engineer’s Reports, Proposition 218 consulting services, extensive delinquency management, prepayment calculation and analysis, annual budget preparation, fund balance analysis, tracking parcel/district development, Levy Audit map preparation, preparation of Continuing Disclosure and CDIAC Reports, SB 165 and AB 2109 Compliance, property owner services, and various other special projects on an as needed basis.

Administration Services, City of Norco - Nadia serves as the Assistant Project Manager and assists in the management of full administrative services for the City’s County Service Area 152 and five Landscaping and Lighting Maintenance Districts.

Nadia Benali
Senior Assessment Associate
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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Joshua Norris is a Finance Analyst and serves as the lead Geographic Information Systems (GIS) Specialist at WMF. He is an accomplished administrative specialist with an extensive background in customer service, financial analysis, GIS mapping, and policy governance. Prior to joining WMF, Joshua honed his skills as a Senior Housing Specialist for the County of Riverside’s Division of Economic Development. During his tenure he developed a reputation for his strong analytical capability, unwavering reliability, and high standard of integrity. He has assisted in the administration and GIS mapping for Lighting and Landscaping Maintenance Districts (LMD), Community Facilities Districts Project Role: (CFD), and other special districts.

GIS Specialist and Project
Analyst
Years of Experience:
5 Years
Education:

BA, Business Administration
California Baptist University
Josh Norris
Finance Analyst
Creation and Maintenance of Boundary maps, Regional maps, Location Maps, Assessment Audit Maps, and KMLs for all CFDs, LMDs, and Special Districts Administered by WMF - Such clients include: City of Riverside CFDs, ADs, LMDs SLAD and CSA, Eastern Municipal Water District CFDs and ADs, City of Desert Hot Springs CFDs and LMDs, City Jurupa Community Services District LMDs and CFDs, and more. Joshua serves as the lead GIS Specialist and is responsible for the creation of all maps for WMF’s clients.

Formation and Parcel Audit Services - Joshua and the WMF Team also perform parcel audit services for all newly assumed districts and have taken on the program management for Eastern Municipal Water District’s entire book of CFD and AD work.

Using GIS data, Joshua can plot parcels on a map to confirm their placement in a potential district, export the date for review, and research the characteristics of each parcel. When a new district is forming, Joshua creates the various maps that are used in formation packets and assists in getting official boundary maps recorded. 1765
15 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
E. DISCLOSURES

CONFLICT OF INTEREST STATEMENT
WMF discloses that it does not have any 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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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
E. EXPERIENCE AND REFERENCES
Client:

City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Client Contact:

Geoffrey Buchheim
Administrative Services Director
760.329.6411 Ext. 227
[email protected]
Fiscal Years (FY) of Service:

FY 2010-2011 to Present
Project Team:

Heidi Schoeppe - PIC
Charmaine McCarvel - PM
Nadia Benali - APM
Joshua Norris - GIS

ADMINISTRATION, ANNEXATION, AND FORMATION SERVICES
WMF provides a full complement of Special District Services for the City of Desert Hot Springs’ Citywide Landscaping and Lighting Maintenance District, Drainage Benefit Assessment District containing 17 zones, Landscaping Maintenance District containing 18 zones, and managed three Assessment Districts through their maturity, two Community Facilities Districts, two public safety measure tax districts, three tax roll billings for disposal and nuisance abatement services, and a County Service Area. In aggregate, 47,383 parcels are administered and maintained.

PROGRAM MANAGEMENT SERVICES
• Data maintenance, preparation of the annual Engineer’s Reports, resolutions, council maps, staff reports, and annual levy submission to the Auditor-Controller’s Office • Audit the parcels in the Public Safety Measure Tax area for the purpose of determining whether or not all eligible parcels were taxed accurately for consecutive fiscal year levies • Preparation of Disclosure, CDIAC, SB165, and AB 2109 Reporting

FORMATION SERVICES
• Provide projections of tax revenues to ensure sufficient funds will be generated to meet debt service, as well as a back-up tax included in the preparation of the Rates and Method of Apportionment

ANNEXATION SERVICES
• Review improvement plans and maintenance quantities
• Establish appropriate maintenance category, prepare cost estimates, and special tax rate per residential unit or acre
• Prepare and mail ballots
• Prepare Engineer’s Reports and assist with Resolutions and Staff Reports 1767
17 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Client:

City of Riverside
3900 Main Street, 6th Floor
Riverside, CA 92522
Client Contact:

Meline Carranza,
Debt & Treasury Manager
951.826.3904 Ext. 4952
[email protected]
Fiscal Years (FY) of Service:

FY 1992-1993 to Present
Project Team:

Heidi Schoeppe - PIC
Charmaine McCarvel - PM
Nadia Benali - APM
Joshua Norris - GIS

ADMINISTRATION AND FORMATION SERVICES FOR SPECIAL DISTRICTS WMF has been providing formation, bond issuance, and administration services to the City of Riverside since Fiscal Year 2000-2001. We have formed Community Facility Districts (CFD), Assessment Districts (AD), and Landscape Maintenance Districts (LMD). The City’s CFDs and ADs provide funding for the construction and acquisition of improvement facilities, as well as maintenance services throughout the City. The types of facilities financed through the use of special districts include roadway improvements, storm drain, water, landscape and irrigation improvements, wall rehabilitation, and street and display lighting. The City’s Street Light Assessment District (SLAD) and LMDs provide for the operation and maintenance costs of the City’s street lighting and landscaping throughout the entire City.

ADMINISTRATION SERVICES
• Four Assessment Districts
• Nine Community Facilities Districts
• Two Landscape Maintenance Districts
• One Street Light Assessment District
• Community Service Area 152

FORMATION SERVICES
• Prepared CFD/Engineer’s Reports including the outline of the plans & specifications, collection and review of data related to the formation and Rates and Method of Apportionment
• Prepare boundary maps, assessment diagrams, and tax roll preparation • Currently assisting in the formation of a Public Services Community Facilities Disttrict

BOND ISSUANCE AND REFINANCING
• Research, compile, and analyze appropriate data to generate tables for inclusion in preliminary and final bond offerings
• Review and provide comments to all bond issuance documents and assists in any analysis and presentations for credit ratings
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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Client:

City of Norco
2870 Clark Avenue
Norco, CA 92860
Client Contact:

Lisette Free
Director of Finance
951.270.5652
[email protected]
Fiscal Years (FY) of Service:

FY 2016-2017 to Present
Project Team:

Heidi Schoeppe - PIC
Charmaine McCarvel - PM
Nadia Benali - APM
Matthew Webb, PE, TE, LLS -
EOR
Joshua Norris - GIS

ADMINISTRATION
WMF currently provides administrative services for the City of Norco’s County Service Area No. 152 as well as their five Landscape Maintenance Districts Nos. 1, 2, 3, 4, and

5. Administration services provided for the City include researching parcel changes and land use changes to establish the current assessment rates and levies, annual budget preparation, Engineer’s Reports, City Council resolutions, and annual calculation and submission of special taxes to the Riverside County Auditor-Controller.

ADMINISTRATION SERVICES
• Five Landscape Maintenance Districts
• County Service Area No. 152
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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Our team is comprised of senior-level staff, multiple Registered Municipal Advisor Representatives, and experts who have dedicated their careers to assisting communities build the necessary services and infrastructures through special financing districts. Below, we have provided services to multiple public agencies, and we look forward to the opportunity of continuing our strong relationship in providing outstanding services to the City of Banning.

Services Agency Contact Person Contact Information
Program Management,
Formation,
Annexation and Bond
Issuance
City of Desert Hot
Springs
Geoffrey Buchheim,
Administrative Services Director
760.329.6411 Ext. 227
[email protected]
Program Management,
Formation,
Annexation and Bond
Issuance
City of Riverside Meline Carranza
Debt & Treasury Manager
951.826.3904 Ext. 4952
[email protected]
Administration City of Norco Lisette Free
Director of Finance
951.270.5652
[email protected]

CLIENT REFERENCE LIST

OUR CLIENTS
We value our relationships and communities in which we do business and are vested in every client’s success.

FIRM COMPETENCY
Webb Municipal Finance, LLC has at least five (5) years of experience, within the past five (5) years, under a legally registered business name, in providing services of a similar type and scope as described in the Scope of Services. Additionally, Webb Municipal Finance, LLC has not filed for bankruptcy under any business name over the past five (5) years. 1770
20 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
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21 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
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22 City of Banning
Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Finance
Department
November 21, 2022
To Whom It May Concern:

It’s my pleasure to recommend Webb Municipal Finance, LLC (WMF) to provide CFD Special Tax Administration services. I have worked with their CFD Program Management team at the City of Temecula, at Eastern Municipal Water District, and now at the City of Riverside and could not recommend any other firm more highly. Heidi Schoeppe has served as our Program Manager throughout this time, and I have consistently been impressed with her dedication to our agency and its Land Secured Financing program.

WMF manages our nine Community Facilities Districts with over $39 million in outstanding principal, and four Assessment Districts with over $16 million in outstanding principal. They also prepare the annual Engineer’s reports to levy our two Landscape Maintenance Districts and Streetlight Assessment District. WMF provides turnkey services, managing many of the day-today aspects of our program. Even more valuable is their considerable expertise. Heidi and her team stay on top of recent legislation and reporting requirements and keep us apprised of changes early in the process.

Along with Heidi and her team’s undeniable talent, the WMF team has been an absolute joy to work with. We consider them an extension of our staff due to the energy and commitment they have shown the City. Without a doubt, I confidently recommend Webb Municipal Finance to provide Special Tax Administration services for any busy public agency. They stand shoulders above the rest.

Please feel free to contact me at (951) 826-3904 should you wish to discuss WMF’s qualifications and services further.

Sincerely,
Heidi Schrader
Debt & Treasury Manager
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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
Reference Letter – City of Norco
POCs:

Lisette Free, Director of Finance
Finance Department
2870 Clark Avenue
Norco, CA 92860
[email protected]
951.270.5652
October 22, 2024
Lisette Free, Director of Finance
Finance Department
2870 Clark Avenue
Norco, CA 92860
RE: LETTER OF RECCOMENDATION FOR WEBB MUNICIPAL FINANCE To Whom It May Concern,
As the Director of Finance for the City of Norco, it gives me great pleasure to recommend Webb Municipal Finance, LLC (WMF) for their Municipal Finance and Administration consultant services. Webb has been a consultant and consistent resource since 2016 and is an integral part of the City’s Finance team for annual administration of its County Service Area 152 special district and more recently for its administration of its Landscape Maintenance Districts.

Charmaine McCarvel and Nadia Benali work with City Staff to provide assistance and insight for the City’s CSA 152 administration, playing an integral role with data maintenance, levy submissions, updating and maintaining accurate parcel information, exceptions research, BAU rate analysis, and report preparation. The WMF Team also provides excellent administration support for the City’s LMDs, including budget review and preparation, resolution preparation, annual special assessment submittals, district mapping, and property owner services.

During that time, they have been an invaluable resource, consistently exceeding expectations and never failing to provide exactly what we need. They are experts in their field, ensuring that we are kept up to date with current legislative requirements, making recommendations where needed, and advising us on industry best practices to ensure that our districts operate smoothly and successfully.

I would be happy to answer any questions regarding this letter of recommendation. Please do not hesitate to contact me at [email protected] or 951.270.5652.

Sincerely,
Lisette Free
Director of Finance
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Municipal Assessments Services to Reinstate County Service Area 152 Stormwater Assessment RFP No. 24-086
G. PRICING
Associate Assigned
Heidi SchoeppeCharmaine McCarvelNadia BenaliJosh Norris Classification
Principal IISenior IAssisstant VAssistant IV
Hourly Rate $321.00 $266.00 $202.00 $180.00
Task 1 Project Management and Administration 1 5 8 $3,267.00 Task 2 Public Participation Assistance 5 15 15 $8,625.00 Task 3 Data Collection and Research Parcels Within City Boundaries 4 8 5 $3,580.00 Task 4 Calculate BAUs, Levy Amounts and Preparation of Roll and Summary 1 4 $1,074.00 Task 5 Submittal of Initial and Final/Resubmittals Levy Roll, Preparation of Required Documents and County Coordination 2 3 1 $1,318.00 Task 6 Optional Task $0.00
Total 6 27 38 6 $17,864.00 Total
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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: December 10, 2024
SUBJECT: Consideration of Resolution 2024-198, Approving Amendment No. 3 to the Professional Services Agreement with Engineering Resources of Southern California for an additional $1,000,000 for Plan Check, Inspections and Related Administrative Services
RECOMMENDATION:

Adopt Resolution 2024-198.

BACKGROUND:

On May 9, 2023 City Council approved Resolution 2023-88, “Awarding a Professional Services Agreement to Engineering Resources of Southern California (ERSC) in the Amount of $550,000 for Plan Check, Inspection and related Administrative Services through Fiscal Year 2023/24 with the Option to Renew for Four Additional Single Years” after a competitive open bid process. ERSC has continued to provide a high level quality of service and reliable and consistent plan check and inspection services to the City during the contract and past contract period (FY2018/2019 to FY2022/2023). The consistent and reliable services have provided continuity to development projects in process with the Public Works Department throughout this time, including construction inspection services ensuring that development installs City infrastructure consistent with City standards.

On January 9, 2024, the City Council adopted Resolution No. 2024-08 approving Amendment No. 1 to the professional services agreement with ERSC for an additional $450,000 for plan check, inspections and related administrative services.

On April 9, 2024, the City Council adopted Resolution No. 2024-53 approving Amendment No. 2 to the professional services agreement with ERSC for an additional $900,000 for plan check, inspections and related administrative services and to extend the agreement to through June 30, 2025.

ERSC primarily provides plan check and inspection services to the Atwell project, and that project’s vast onsite and offsite civil improvements. The Atwell project continues to develop at a rapid pace in their Phase 1 and Phase 2 areas north of Wilson Street and south of the Southern California Edison power line corridor. There are six tracts of homes in those phases where grading has begun, and civil infrastructure improvements will follow. Public Works staff estimates that the funds requested with this allocation will suffice through the remainder of the fiscal year, based on the amount of work that is anticipated in the coming months.

All plan check and inspection fees are pass through user fees. The Public Works Department assesses plan check and inspection fees to tract home developers based on City Council approved rates. With the 1776
allocation considered in Amendment No. 3, Public Works staff will not authorize ERSC to commence with work until the user fees have been collected for said work. In the event that development activities stops within the Atwell project, the user fees will not be collected, work will not be authorized, plan check and inspection services will not be initiated, and the full requested amount in Amendment No. 3 will not be utilized.

Included with Amendment No. 3 is an $200,000 appropriation from the Water Capital Facilities Fund (661). The funding requested would be for ERSC to provide inspection services related to the Ramsey Waterline Upsizing Project that was approved by City Council with Resolution 2024-166. This expense is anticipated as a project expense to deliver the capital project.

Approval of Resolution 2024-198 will provide 1) authorization to expend up to the requested amended contract amount, and not a guarantee of contract value and 2) approval of an appropriation from the Water Capital Facilities Fund for inspection services for the Ramsey Waterline Upsizing project that was approved by City Council via Resolution 2024-166.

JUSTIFICATION:

ERSC was awarded a Professional Services Agreement to provided the required services with Resolution 2023-088. Prior to the award of this contract, an RFP was put out for open competitive bid. A review committee deemed that ERSC was the highest ranking bidder for the project.

ERSC has provided the highest level service for both plan check and inspection services from any of the vendors contracted by the City to provide similar services. The plan check services have been the most consistent, and staff at ERSC is regularly in contact with City identifying concerns and ensuring that developers prepare plans consistent with City Standards. The inspections team works as an extension of City staff, providing inspection services, support and backup to ensure that contractor submitted change orders are justified, and participates in meetings ensuring that the City’s interests are met.

The Public Works Department does not have the staff resources to complete services currently provided by ERSC.

FISCAL IMPACT:

If approved, Amendment No. 3 would increase the Professional Services Agreement with ERSC to a “not to exceed” amount of $2,900,000. Amendment No. 3 would require an appropriation of $200,000 from Water Capital Facilities Fund 661 to Account No. 661-6300-471.95-10 for inspection services related to the Ramsey Waterline Upsizing Project. Additionally, an appropriation of $800,000 from the General Fund to Account No. 001-3000-442.33-53 would be required to cover continued plan check and inspection services.

The expenditures funded by the General Fund will be fully recovered by plan check and inspection user fees paid by developers. No expenditures would be incurred until said fees are collected by the Public Works Department.

ALTERNATIVES:

Do Not Approve Resolution 2024-198 and provide alternative direction to staff. If the resolution is not approved, the City will need to cease inspection services through ERSC, which would slow or stop City capital projects, including the Ramsey Waterline Upsizing Project, as well as continued development at the Atwell project in the intervening time between this action and when the City is able to run through the required process to comply with the alternative direction given.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:
1777
Yes
ATTACHMENTS:

1. Resolution 2024-198 ERSC Amendment No. 3.docx

2. Exhibit A - ERSC Amendment No 3 to PSA.pdf

3. SR and Reso 2023-088 Award PSA to ERSC.pdf

4. SR and Reso 2024-08 ERSC PSA Amendment 1.pdf

5. SR and Reso 2024-54 ERSC PSA Amendment 2.pdf

6. SR and Reso 2024-166 Award Ramsey Street Water Line.pdf 1778
Resolution 2024-198

RESOLUTION 2024-198

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA FOR AN ADDITIONAL $1,000,000 FOR PLAN CHECK, INSPECTIONS AND RELATED ADMINISTRATIVE

SERVICES
WHEREAS, the Public Works Department administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure; and WHEREAS, as part of these responsibilities, staff manages public works projects related to private development and determined a need for additional resources in consideration of the current and anticipated increases in workload related to future private land development activities in order to maintain an acceptable level of service; and WHEREAS, on May 9, 2023, the City Council of the City of Banning adopted Resolution No. 2023-88 awarding a professional services agreement to Engineering Resources of Southern California (ERSC) in the amount of $550,000 for plan checks, inspections and related administrative services; and
WHEREAS, on January 9, 2024, the City Council adopted Resolution No. 2024-08 approving Amendment No. 1 to the professional services agreement with ERSC for an additional $450,000 for plan check, inspections and related administrative services; and WHEREAS, on April 9, 2024, the City Council adopted Resolution No. 2024-53 approving Amendment No. 2 to the professional services agreement with ERSC for an additional $900,000 for plan check, inspections and related administrative services and to extend the agreement to through June 30, 2025; and
WHEREAS, funds allocated to the current professional services agreement with ERSC will be exhausted as current authorized work is completed; and WHEREAS, the Public Works Department anticipated inspection fees for additional land development at Atwell and other projects throughout the City between now and the end of the fiscal year; and
WHEREAS, the Public Works Department will require inspection services for the Ramey Waterline Upsizing capital improvement project approved by City Council on October 22, 2024 via Resolution No. 2024-166. An appropriation from the Water Capital Facilities Fund (661) in the amount of $200,000 to Account 661-6300-471.95-10 is required to fund said services; and WHEREAS, the amount of plan checks and inspections related to the Atwell Development have exceeded staff’s expectations and has resulted in a need to increase the Professional Services Agreement with ERSC by $800,000 in order to continue receiving their services; and, WHEREAS, an appropriation from the General Fund in the amount of $800,000 to Account No. 001-3000-442.33-53 is required to fund Amendment No. 1 and will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department.
1779
Resolution 2024-198

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

SECTION 1. The City Council approves Amendment No. 3 to the Professional Services Agreement with Engineering Resources of Southern California in the amount of $1,000,000 for an amended not-to-exceed contract amount of $2,900,000.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to Amendment No. 3 and to execute Amendment No. 3 with Engineering Resources of Southern California on behalf of the City Council.

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

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 10th day of December 2024.

Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
1780
Resolution 2024-198

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-198, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of December 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1781
Resolution 2024-198

EXHIBIT A
Amendment No. 3
1782
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT (C00805) FOR PLAN CHECK AND INSPECTION

SERVICES BY AND BETWEEN CITY OF BANNING AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

THIS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR PLAN CHECK AND INSPECTION SERVICES (“Amendment No. 3”) by and between the CITY OF BANNING (“City”) and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., a California corporation (“Consultant”) is effective as of this day: ______________.

RECITALS
A. City and Consultant entered into that certain Contract dated July 1, 2023 for the purpose of providing Plan Check and Inspection Services (“Agreement”) following Request for Proposals (RFP No. 23-001), Plan Check and Inspection Services and approved by City Council Resolution 2023-88.

B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated January 11, 2024 to increase the Contract Sum to $1,000,000.00, as approved by City Council Resolution 2024-08.

C. City and Consultant have entered into an Amendment No. 2 to the Agreement dated April 4, 2024 to increase the Contract Sum to $1,900,000.00, as approved by City Council Resolution 2024-54.

D. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2026 and increase the Contract Sum to $2,900,000.00.

The Parties therefore agree follows:

1. Amended Terms. The Agreement is hereby amended as follows:

1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 3 shall not exceed One Million Dollars ($1,000,000.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Two Million Nine Hundred Thousand Dollars ($2,900,000.00).

1.2 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 3, all provisions of the Agreement shall remain unchanged and in full force and 1783
effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1, 2, and 3. In the event of a conflict between the provisions of this Amendment No. 3 and the provisions of the Agreement or Amendment Nos. 1, 2, and 3, the provisions of this Amendment No. 3 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 3.

2.3 Authority. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 3 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

2.5 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.
[SIGNATURE PAGE FOLLOWS]
1784
The Parties are signing this Amendment No. 3 on the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
Serita R. Young
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.
1785

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Director of Public Works
Kevin Sin, Senior Civil Engineer
MEETING DATE: May 9, 2023
SUBJECT: Consideration of Resolution 2023- 88, Awarding a Professional Services Agreement to Engineering
Resources of Southern California ( ERSC) in the Amount of 550,000 for Plan Check, Inspection and related Administrative Services through Fiscal Year 2023/ 24 with the Option to Renew for Four Additional Single Years
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2023-77:

1. Approving the award of a Professional Services Agreement to Engineering Resources of Southern California ( ERSC) in the amount of $550,000 for services as needed including Plan Check, Inspection and related Administrative Services through June 30, 2024 with the option to renew for four (4) additional single years.

2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement with ERSC.

3. Authorizing the City Manager or his designee to execute the Professional Services Agreement with ERSC valid through June 30, 2024 with the option to renew for four (4) additional signal years.

BACKGROUND:

The Public Works Department, currently staffed with three full-time engineers and one inspector, administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure. In addition to managing public works projects, staff is also responsible for processing private land development projects related to Public Works responsibilities ( e.g. infrastructure, grading, storm water, etc.). Due to current and anticipated upcoming workloads related to private development ( e.g. Atwell, Rancho San Gorgonio) the need to establish an agreement with a firm to continue providing plan check, inspection and related administrative services is necessary in order to maintain an acceptable level service.
39 1786
Staff Report: Resolution 2023-88, Award Plan Check Services May 9, 2023

On January 4, 2023, a Request for Proposals ( RFP) was released through the OpenGov ProcureNow, the City’s online bidding system notifying qualified firms of the opportunity.

The deadline to submit proposals was February 6, 2023 and five (5) firms responded with submittals.

The scope of services requested for plan checking includes, but is not limited to street, sewer, water, grading and storm drain projects for residential and non-residential projects; responses to staff and applicants regarding permits; and preparation of conditions of approval. The inspection services scope requires inspectors to work under the direction of the Public Works Director and/or assigned staff to provide construction inspections services before, during and after construction insuring conformance with Federal, State and City statutes while maintaining appropriate records.

A three- person proposal evaluation committee consisting of three (3) City staff members evaluated the five ( 5) proposals that were received based on qualifications, experience of key personnel, approaches in providing services, and rates.

Listed below are the five (5) firms that submitted proposals in order of average score:

CONSULTANT AVERAGE SCORE
Engineering Resources of Southern California ( ERSC) 90.75 Willdan 86.17
Bureau Veritas North America, Inc. 84.00
Transtech Engineers, Inc. 82.05
Albert A. Webb and Associates 74.50
As a result, staff recommends the award of a professional service agreement to the highest ranked firm, ERSC, with a recommended award amount of $550,000. If awarded, the Professional Services Agreement will be for plan check, inspection and related administrative services on an as needed basis valid through June 30, 2024 with the option to renew for four (4) additional single years.

JUSTIFICATION:

Due to current and an anticipated workload related to private land development activities, the Public Works Department has recognized a need for additional resources to provide plan check and inspection services in a timely manner and to maintain an acceptable level service.

ERSC was rated the highest firm that submitted a proposal as a response to the RFP.

FISCAL IMPACT:

The approved Fiscal Year 2023/2024 budget includes $ 550,000 in the Engineering Fund, Account No. 001-3000-442.33-53 which will be allocated to fund the Agreement with 40 1787
Staff Report: Resolution 2023-88, Award Plan Check Services May 9, 2023

ERSC. The expense will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department. If workload and projects increase, additional authorizations may be necessary for the fiscal year, with developer and inspection fees paid to the City of Banning directly offsetting expenses.

ALTERNATIVES:

1. Approve as recommended.

2. Do not approve and provide alternative direction. This alternative would cause a reduction in the level of service to private development applicants in processing of their projects. Additionally, staff would have less time to work on the City’s capital improvement projects.

ATTACHMENTS:

1. Resolution 2023-88
https:// banningca. gov/DocumentCenter/ View/12742/Att-1-Resolution- 2023-88

2. Request for Proposals
https:// banningca. gov/DocumentCenter/ View/12740/Att-2-RFP-23-001

3. Draft Professional Services Agreement with ERSC
https:// banningca. gov/DocumentCenter/ View/12741/Att-3-C00805- PSA-ERSC-Plancheck- and-Inspection Approved by:

Douglas Schulze
City Manager
41 1788
RESOLUTION 2023-88

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA IN THE AMOUNT OF $ 550,000 FOR

PLAN CHECKS, INSPECTIONS AND RELATED ADMINISTRATIVE SERVICES THROUGH FISCAL YEAR 2023/24 WITH THE OPTION TO RENEW FOR FOUR

ADDITIONAL YEARS
WHEREAS, the Public Works Department administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure; and
WHEREAS, as part of these responsibilities, staff manages public works projects related to private development and has determined a need for additional resources in consideration of the current and an anticipated increase in workload related to future private land development activities in order to maintain an acceptable level of service; and
WHEREAS, on January 4, 2023, a Request for Proposals ( RFP) was released through the OpenGov ProcureNow, the City' s online bidding system, notifying qualified firms of the opportunity to submit proposals for the plan check and inspection services; and
WHEREAS, on February 6, 2023, five ( 5) firms submitted proposals for the requested plan check and inspection services; and
WHEREAS, the scope of services requested for plan checking includes, but is not limited to street, sewer, water, grading and storm drain projects for residential and nonresidential projects; responses to staff and applicants regarding permits; and preparation of conditions of approval; and
WHEREAS, the inspection services scope requires an inspector to work under the direction of the Public Works Director and/ or assigned staff to provide construction inspections services before, during and after construction while insuring conformance with Federal, State and City statutes while maintaining appropriate records; and WHEREAS, an evaluation committee consisting of a three person evaluation committee comprised of three ( 3) City staff members evaluated the proposals based on qualifications, experience, approach and rates; and
WHEREAS, as a result, staff recommends the award of an agreement to the highest ranked firm, Engineering Resources of Southern California, in the amount of 550, 000; and
Resolution 2023- 88

1789
WHEREAS, agreements will be for plan check, inspection and related administrative services on an as needed basis valid through June 30, 2024 with the option to renew for four ( 4) additional single years; and
WHEREAS , the approved Fiscal Year 2023/ 2024 budget includes $ 550, 000 in the Engineering Fund, Account No. 001- 3000- 442 .33- 53 which will be allocated to fund the Agreement with Engineering Resources of Southern California. The expense will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department.

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

SECTION 1. City Council awards a Professional Services Agreements for Plan Checks, Inspections and related Administrative Services through Fiscal Year 2023/ 2024 with the option to renew for four ( 4) additional single years.

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

SECTION 3. City Council authorizes the City Manager or his designee to make necessary non- substantive changes and to execute the Professional Services Agreement with Engineering Resources of Southern California in the amount of $550, 000 for services as needed including Plan Checks , Inspections and Administrative Services through June 30, 2024 with the option to renew for four ( 4) additional single years.

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 May7
ATTEST:

Caroline Patton , Dep
City of Banning
Resolution 2023- 88

Alberto Sa ', hez, Mayor
City of B · ning
1790

APPROVEDASTOFORMAND
LEGAL CONTENT:

Seri~~ ney
Richards, Watson & Gershon
Resolution 2023- 88

1791
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Banning , California, do hereby certify that the foregoing Resolution 2023- 88 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 9th day of May 2023 by the following vote , to wit:

AYES: Flynn , Gonzales , Minjares , Sanchez , and Wallace.

NOES:

ABSENT:

ABSTAIN:

Resolution 2023- 88

Caroline Patton, De ty City Clerk
City of Banning , Californl a
1792

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Kevin Sin,
Art Vela, Director of Public Works
MEETING DATE: January 9, 2024
SUBJECT: Consideration of Resolution 2024-08, Approving Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California for an Additional $450,000 for Plan Check, Inspections and Related Administrative Services
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution 2024-08:

1. Approving Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California (ERSC) for an additional $450,000 for plan check, inspections and related administrative services.

2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement Amendment No. 1 with ERSC.

3. Authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with ERSC.

BACKGROUND:

The Public Works Department, currently staffed with three full-time engineers and one inspector, administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure. In addition to managing public works projects, staff is also responsible for processing private land development projects related to Public Works responsibilities (e.g. infrastructure, grading, storm water, etc.). Due to current and anticipated workloads related to private development (e.g. Atwell, Rancho San Gorgonio) the need to establish an agreement with a firm to continue providing plan check, inspection and related administrative services is necessary in order to maintain an acceptable level service. As a result, the City Council adopted Resolution 2023-88 on May 9, 2023 awarding a professional services agreement to ERSC for plan checks, inspections and related administrative services in the amount of $550,000.

The amount of plan checks and inspections related to the Atwell Development have exceeded staff’s expectations and has resulted in a need to increase the Professional Services Agreement with ERSC by $450,000 in order to continue receiving their services.

JUSTIFICATION:

Due to current and an anticipated workload related to private land development activities, the Public Works Department has recognized a need for additional resources to provide plan check and inspection 1 1793
services in a timely manner and to maintain an acceptable level service.

FISCAL IMPACT:

An appropriation from the General Fund in the amount of $450,000 to Account No. 001-3000-442.33-53 is necessary and will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department. Funds exhausted to date have been recovered by said fees.

Some revenue has been received already with the remainder expected in FY 2023-24 and FY 2024-25.

The expected FY 2023-24 revenues will be included in the mid-year budget adjustment item for Council consideration on February 13, 2024.

ALTERNATIVES:

1. Approve as recommended.

2. Do not approve and provide alternative direction. This alternative would cause a reduction in the level of service to private development applicants in processing of their projects. Additionally, staff would have less time to work on the City’s capital improvement projects.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2024-08.pdf

2. Amendment No.1 to PSA Plan Check and Insp.pdf
2 1794

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Kevin Sin,
Art Vela, Director of Public Works
MEETING DATE: April 9, 2024
SUBJECT: Consideration of Resolution 2024-54, Approving Amendment No. 2 to the Professional Services Agreement with Engineering Resources of Southern California to Increase the Total Compensation by $900,000 and to Extend the Term of the Agreement through June 30, 2025 for Plan Check, Inspections and Related Administrative Services
RECOMMENDATION:

Adopt Resolution 2024-54.

BACKGROUND:

The Public Works Department, currently staffed with four full-time engineers and one inspector, administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure. In addition to managing public works projects, staff is also responsible for processing private land development projects related to Public Works responsibilities (e.g. infrastructure, grading, storm water, etc.). Due to current and anticipated upcoming workloads related to private development (e.g. Atwell, Rancho San Gorgonio) the need to maintain an agreement with a firm to continue providing plan check, inspection and related administrative services is necessary in order to maintain an acceptable level service.

Due to staff resources and the anticipated workload increase related to land development projects such as the Atwell Development (previously known as the Butterfield Specific Plan), the City Council adopted Resolution No. 2023-88 on May 9, 2023 awarding a professional services agreement to ERSC for plan checks, inspections and related administrative services in the amount of $550,000 on an as needed basis with an option to renew for four additional years.

On January 9, 2024, the City Council also adopted Resolution No. 2024-08 approving Amendment No. 1 to the professional services agreement with ERSC for an additional $450,000 for plan check, inspections and related administrative services.

The amount of plan checks and inspections related to the Atwell and other subdivision developments have exceeded staff’s expectations and has resulted in a need to increase total compensation by $900,000 and to extend the term of the agreement through June 30, 2025 with ERSC in order to continue receiving their plan check, inspections and related administrative services. The current term of the Professional Services Agreement expires on June 30, 2024.

JUSTIFICATION:
1 1795
Due to current and an anticipated workload related to private land development activities, the Public Works Department has recognized a need for additional resources to provide plan check and inspection services in a timely manner and to maintain an acceptable level service.

FISCAL IMPACT:

An appropriation from the General Fund in the amount of $900,000 to Account No. 001-3000-442.33-53 is necessary and will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department. Funds exhausted to date have been 100% recovered by said fees.

ALTERNATIVES:

1. Adopt Resolution 2024-54, as recommended.

2. Do not adopt Resolution 2024-54 and provide alternative direction to staff. Not adopting Resolution 2024-54 would cause a reduction in the level of service to private development applicants in processing of their projects. Additionally, staff would have less time to work on the City’s capital improvement projects.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2024-54, ERSC Amendment No. 2.docx

2. Amendment No.2 to PSA Plan Check and Insp.docx

3. CC Resolution No. 2023-088.pdf

4. CC Resolution No. 2024-008.pdf
2 1796

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Director of Public Works
Patrick Safari, CIP Manager
MEETING DATE: October 22, 2024
SUBJECT: Consideration of Resolution 2024-166, Awarding a Construction Contract for Project No. 2023-15W Ramsey Street Water Main Replacement - Phase 1 to MCC Pipeline, Inc. of Yucaipa, CA in the Amount of $1,199,106.33 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $1,319,016.96.

RECOMMENDATION:

Approve Resolution 2024-166
BACKGROUND:

The City of Banning owns, operates, and maintains water distribution and transmission pipelines that distribute water to residents and businesses. To provide its customers with a reliable supply of water, it is important for the city to continue replacing aging and undersized water distribution infrastructure.

The 2018 City of Banning Integrated Master Plan (IMP) identified the existing 4-inch water main on the south side of Ramsey Street as deficient due to its age and conveyance capacity to support commercial development on the south side of Ramsey Street from Sunset Avenue to Highland Home Road.

On April 12, 2022, City Council approved Resolution 2022-35 authorizing the use of American Rescue Plan Act (ARPA) funds on certain eligible projects including making the necessary investments in water infrastructure. The approved ARPA project list included the replacement of the water main along Ramsey Street from Sunset Avenue to Highland Home Road.

On November 11, 2023, City Council approved Resolution 2023-182, awarding a Professional Services Agreement to Rick Engineering, Inc. for the design of Ramsey Street Water Main Replacement project.

On August 23, 2024, Public Works and Purchasing staff advertised an Invitation for Bids (IFB No. 24-079) on the City’s electronic bidding system ProcureNow. Additionally, email notifications were 1797
Staff Report: Subject of Staff Report
Month Day, Year

sent out to all vendors by ProcureNow. In response to these efforts, on October 4, 2024, the City received the following five (5) bids:

Companies Price
1) MCC Pipeline, Inc. $1,199,106.33
2) Hemet Manufacturing Co dba Genesis Construction $1,656,565.00 3) Dominguez General Engineering, Inc. $1,695,720.00
4) RE Chaffee Construction, Inc. $1,899,191.00
5) Weka, Inc. $2,263,930.00
Phase 1 scope of work will include the construction of 2,600 linear feet of a new 16-inch Ductile Iron Pipe (DIP) water main including reconnection of water services and new fire hydrants connections.

JUSTIFICATION:

MCC Pipeline Inc. is the lowest responsive and responsible bidder to construct Project No. 2023- 15W “Ramsey Street Water Main Replacement - Phase 1”. The project will improve water distribution in this part of the City of Banning where the existing 4-inch line has been identified as a deficient system component due to its age (installed approx. 1952) and diminishing integrity.

Staff evaluated the bid proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommend the award of a Construction Contract to MCC Pipeline, Inc. in the amount of $1,199,106.33.

FISCAL IMPACT:

Staff recommend awarding a Construction Contract to MCC Pipeline, Inc. in the amount of $1,199,106.33 and approving a 10% contingency in the amount of $119,910.63 for a total “notto-exceed” project budget of $1,319,016.96.

An appropriation from the Water Capital Facilities Fund 661 balance to Account No. 661-6300- 471.95-10 in the amount of $1,199,106.33 is necessary to fund the Construction Contract with MCC Pipeline, Inc.

The Construction Contract with MCC Pipeline, Inc. will be partially funded by ARPA funding in the amount of $900,000 administered by the County of Riverside.

ALTERNATIVES:

1. Do not approve Resolution 2024-166 and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-166

2. Resolution 2022-35

3. Resolution 2023-182

4. MCC Pipeline, Inc Bid Proposal
Approved by:
1798
Staff Report: Subject of Staff Report
Month Day, Year

________________
Douglas Schulze
City Manager
1799
RESOLUTION 2024- 166

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT FOR PROJECT NO. 2023- 15W RAMSEY STREET WATER MAIN REPLACEMENT - PHASE 1 TO MCC PIPELINE, INC. OF YUCAIPA, CA IN THE AMOUNT OF $ 1,199, 106. 33 AND APPROVING A 10% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF " NOT- TO- EXCEED" $ 1,319, 016. 96 WHEREAS, the City of Banning owns, operates, and maintains water distribution and transmission pipelines that distribute water to residents and businesses. To provide its customers with a reliable supply of water, it is important for the city to continue replacing aging and undersized water distribution infrastructure; and
WHEREAS, the 2018 City of Banning Integrated Master Plan { IMP) identified the existing 4-inch water main on the south side of Ramsey Street as deficient due to its age and conveyance capacity to support commercial development on the south side of Ramsey Street from Sunset Ave to Highland Home Road; and
WHEREAS, on April 12, 2022, City Council approved Resolution 2022- 35 authorizing the use of American Rescue Plan Act ( ARPA) funds on certain eligible projects including making the necessary investments in water infrastructure. The approved ARPA project list included the replacement of the water main along Ramsey Street from Sunset Avenue to Highland Home Road; and
WHEREAS, on November 11, 2023, City Council approved Resolution 2023- 182, awarding a Professional Services Agreement to Rick Engineering, Inc. for the design of Ramsey Street Water Main Replacement project; and
WHEREAS, on August 23, 2024, staff released an Invitation for Bids ( IFB No. 24- 079) for Project No. 2023- 15W Ramsey Street Water Main Replacement on the City' s electronic bidding system ProcureNow and received five ( 5) bid proposals ranging in price from $ 1,199, 106. 33 to 2,263, 930; and
WHEREAS, Phase 1 scope of work will include the construction of 2,600 linear feet of a new 16-inch Ductile Iron Pipe ( DIP) water main including reconnection of water services and new fire hydrants connections; and
WHEREAS, Ramsey Street Water Main Replacement - Phase 1" will improve water distribution in this part of the City of Banning where the existing 4-inch line has been identified as a deficient system component due to its age ( installed approx. 1952) and diminishing integrity; and
WHEREAS, Staff recommend awarding a Construction Contract to MCC Pipeline, Inc. in the amount of $1,199, 106. 33 and approving a 10% contingency in the amount of $ 119, 910. 63 for a total " not- to-exceed" project budget of $ 1,319, 016. 96; and WHEREAS, an appropriation from the Water Capital Facilities Fund 661 balance to Account No. 661- 6300- 471. 95- 10 in the amount of $ 1,199, 106. 33 is necessary to fund the Construction Contract with MCC Pipeline, Inc.; and
Resolution 2024- 166

1800
WHEREAS, the Construction Contract with MCC Pipel ine , Inc. will be partially funded by ARPA funding in the amount of $ 900 ,000 administered by the County of Riverside .

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

SECTION 1. The City Council approves the Construction Contract between MCC Pipeline , Inc. and the City of Banning.

SECTION 2 . The City Council authorizes the City Manager, or designee , to make necessary budget adjustments , appropriat ions , and transfers related to the Construction Contract with MCC Pipeline, Inc.

SECTION 3. The City Council authorizes the City Manager to make necessary non- substantive changes and to execute the Construction Cont ract with MCC Pipeline , Inc.

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

PASSED, APPROVED AND ADOPTED this 22nd day of October 2024 .

ATTEST:

Carol ine Patton , Admi
City of Banning
Serita R. Young , City Attorney
Richards, Watson & Gershon
Resolution 2024- 166

Alberto S
City of
1801
CERTIFICATION:

I, Caroline Patton , Administrative City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2024- 166 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 22nd day of October 2024 by the following vote , to wit:

AYES : Flynn, Happe , Sanchez , and Wallace.

NOES :

ABSENT: Minjares.

ABSTAIN :

Resolution 2024- 166

e City Cler k
City of Banning , Californ ia'
1802
Resolution 2024- 166
Page4of4

EXHIBIT A
Construction Contract with MCC Pipeline, Inc.
1803
CONTRACT ( C01084)

CITY OF BANNING CONTRACT FOR
RAMSEY STREET WATER MAIN REPLACEMENT & IFB 24-079
THIS CONTRACT (" Contract") is made and entered this ________ (" Effective Date"), by and between the CITY OF BANNING, a California municipal corporation (" City") and MCC Pipeline, Inc.

Contractor"). Contractor' s California State Contractor' s license number is 993248; Class A, C34).

Contractor' s DIR registration number is 1000012208.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid ( including documentation accompanying the Bid and any post- Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Ramsey Street Water Main Replacement (" Project"), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of One Million One Hundred Ninety- Nine Thousand One Hundred Six Dollars and Thirty- Three Cents ($ 1,199, 106. 33) in accordance with the prices as submitted in the Bid.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers' Compensation Certificate of Insurance, Additional Insured Endorsement Comprehensive General Liability), Additional Insured Endorsement ( Automobile Liability), and Additional Insured Endorsement ( Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U .S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers' Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract."
C-1
Richards, Watson & Gershon - 2018
I1303-0011\2250932vl.doc
1804

8. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent ofthis Contract or any part of it.

9. Authority. Any person executing this Contract on behalf ofContractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

10. Debarment or Suspension.

Contractor represents and warrants that, as ofthe Effective Date ofthis Agreement, Contractor is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment ofcontractors. Contractor shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Contractor and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Contractor or any subcontractor becomes debarred or suspended during the Term ofthis Agreement, Contractor shall immediately notify City.

11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements.

This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

City Council Approval: _____ _
ATTEST:

By:-------------
Administrative City Clerk Date
C-2
11303-0011 \2250932v l .doc

CITY OF BANNING
By:-------------
City Manager Date
APPROVED AS TO FORM:

By:-------------
City Attorney Date
CONTRACTOR")
By:-------------
Richards, Watson & Gershon - 2018
1805
Name: Date
Title:

By:

Name: Date
Title:

C-3
Richards, Watson & Gershon • 20lS
I1303-001J\2250932vl.doc
1806

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: December 10, 2024
SUBJECT: Consideration of Resolutions 2024-199 and 2024-08 UA, Authorizing Overnight Loans from June 30, 2024, Until July 1, 2024, from the Water and Wastewater Enterprise Funds to Cover Governmental Funds Negative Cash at Fiscal Year End in the Amounts of $1,050,000 and $50,000, Respectively
RECOMMENDATION:

Adopt Resolutions 2024-199 and 2024-08 UA.

BACKGROUND:

For the purposes of annual financial reporting for the City's Annual Comprehensive Financial Report, no fund is allowed to carry a negative cash balance at the time of reporting. As of June 30, 2024, the City had four funds/fund groupings with large negative cash balances. Those funds were the Electric Enterprise fund grouping that was covered with General Fund Cash, the BEA Capital Projects Fund that was covered by Governmental Fund Cash, the Transit Fund that was covered with Governmental Fund Cash, and the Risk Management Fund, which is partially covered with Governmental Fund Cash, but requires this $1,100,000 overnight loan to bring cash to zero as of June 30, 2024.

JUSTIFICATION:

The Electric Enterprise Fund Grouping had a negative cash balance of just over $9.1 million as of June 30, 2024. The General Fund had cash to cover that negative balance at that time. With the recent emergency rate increases for Electric and Council's direction to move forward with potential bond funding, Electric may resolve its negative cash issues by June 30, 2025.

The BEA Capital Projects Fund had a negative cash balance of just over $4.0 million as of June 30, 2024. Other Governmental Funds had sufficient cash to cover those shortfalls. Staff is currently preparing a bond draw on an existing bond that was issued from the Successor Agency for these projects that will recover over $7.6 million in cash to repay the fund for capital expenditures. Staff expects this cash to be positive before June 30, 2025.

The Transit Fund had a negative cash balance of just over $3.7 million as of June 30, 2024, but received approximately that amount since fiscal year end for the reimbursement for bus purchases made during the year under audit. Therefore, that cash has been recouped.

The Risk Management Fund had negative cash of just over $4.3 million as of June 30, 2024. This negative balance has been growing for a few years due to recurring 30% increases in the cost of Citywide insurance premiums over the past several years, combined with a large litigation settlement dating back several years that was paid during the last fiscal year. This fund is funded through the 1807
Citywide Cost Allocation Plan, which lags up to two years. Staff is preparing the Cost Allocation Plan for fiscal year 3034-25 at this time and is adding funding to Risk Management to allow correction of this negative cash over the next four to five years.

Based on the analysis above, management does not anticipate needing another overnight loan from the Banning Utility Authority as of June 30, 2025, or going forward.

FISCAL IMPACT:

Ratepayer revenues are not allowed to be used for this overnight loan and staff ensured that sufficient non-ratepayer revenues in fiscal year 2023-24 were sufficient to cover this transfer. The loan will not impact overall assets, liabilities, or net position of the Risk Management Fund or the Banning Utility Authority. The loan will only impact cash and the amount due to and from the other.

ALTERNATIVES:

Do not adopt resolutions and provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2024-199, BUA Overnight Loan.docx

2. Resolution 2024-08 UA, BUA Overnight Loan.docx
1808
Resolution 2024-199

RESOLUTION 2024-199

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

APPROVING ACCEPTANCE OF AN OVERNIGHT LOAN FROM THE BANNING UTILITY

AUTHORITY TO THE RISK MANAGEMENT INTERNAL SERVICE FUND IN THE AMOUNT OF $1,100,000 FROM JUNE 30, 2024, TO JULY 1, 2024
WHEREAS, for the purposes of annual financial reporting for the City's Annual Comprehensive Financial Report, no fund is allowed to carry a negative cash balance at the time of reporting; and
WHEREAS, as of June 30, 2024, the City had four funds/fund groupings with large negative cash balances; and
WHEREAS, those funds were the Electric Enterprise fund grouping that was covered with General Fund Cash, the BEA Capital Projects Fund that was covered by Governmental Fund Cash, the Transit Fund that was covered with Governmental Fund Cash, and the Risk Management Fund, which is partially covered with Governmental Fund Cash, but requires this $1,100,000 overnight loan to bring cash to zero as of June 30, 2024; and WHEREAS, ratepayer revenues are not allowed to be used for this overnight loan and staff ensured that sufficient non-ratepayer revenues in fiscal year 2023-24 were sufficient to cover this transfer; and
WHEREAS, the loan will not impact overall assets, liabilities, or net position of the Risk Management Fund or the Banning Utility Authority and the loan will only impact cash and the amount due to and from the other.
.

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

SECTION 1. The City Council approves overnight loans totaling $1,100,000 from June 30, 2024, to July 2024, from the Water Enterprise Fund Group to the Risk Management Internal Service Fund in the amount of $1,050,000 and from the Wastewater Enterprise Fund Group to the Risk Management Internal Service Fund in the amount of $50,000.

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 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 10th day of December 2024.

Mayor
City of Banning
1809
Resolution 2024-199

ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
1810
Resolution 2024-199

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-199, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of December 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1811
Resolution 2024-08 UA

RESOLUTION 2024-08 UA

A RESOLUTION OF THE UTILITY AUTHORITY OF THE CITY OF BANNING, CALIFORNIA,

AUTHORIZING AN OVERNIGHT LOAN FROM THE BANNING UTILITY AUTHORITY TO THE RISK MANAGEMENT INTERNAL SERVICE FUND IN THE AMOUNT OF $1,100,000 FROM JUNE 30, 2024, TO JULY 1, 2024
WHEREAS, for the purposes of annual financial reporting for the City's Annual Comprehensive Financial Report, no fund is allowed to carry a negative cash balance at the time of reporting; and
WHEREAS, as of June 30, 2024, the City had four funds/fund groupings with large negative cash balances; and
WHEREAS, those funds were the Electric Enterprise fund grouping that was covered with General Fund Cash, the BEA Capital Projects Fund that was covered by Governmental Fund Cash, the Transit Fund that was covered with Governmental Fund Cash, and the Risk Management Fund, which is partially covered with Governmental Fund Cash, but requires this $1,100,000 overnight loan to bring cash to zero as of June 30, 2024; and WHEREAS, ratepayer revenues are not allowed to be used for this overnight loan and staff ensured that sufficient non-ratepayer revenues in fiscal year 2023-24 were sufficient to cover this transfer; and
WHEREAS, the loan will not impact overall assets, liabilities, or net position of the Risk Management Fund or the Banning Utility Authority and the loan will only impact cash and the amount due to and from the other.

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

SECTION 1. The Banning Utility Authority approves overnight loans totaling $1,100,000 from June 30, 2024, to July 2024, from the Water Enterprise Fund Group to the Risk Management Internal Service Fund in the amount of $1,050,000 and from the Wastewater Enterprise Fund Group to the Risk Management Internal Service Fund in the amount of $50,000.

SECTION 2. The Utility Authority authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to 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 10th day of December, 2024.

Chairperson
Banning Utility Authority
1812
Resolution 2024-08 UA

ATTEST:

Caroline Patton, Secretary
Banning Utility Authority
APPROVED AS TO FORM:

Serita R. Young, Authority Counsel
Richards, Watson & Gershon
1813
Resolution 2024-08 UA

CERTIFICATION:

I, Caroline Patton, Secretary of the Banning Utility Authority, do hereby certify that the foregoing Resolution 2024-08 UA, was duly adopted by the Utility Authority of the City of Banning, California, at a regular meeting thereof held on the 10th day of December, 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Secretary
Banning Utility Authority
1814

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Brandon Smith, Lieutenant
Vincent Avila, Chief of Police
MEETING DATE: December 10, 2024
SUBJECT: Receive and File Corrected Police Statistics for 2024 Year-to-Date RECOMMENDATION:

Receive and File.

BACKGROUND:

At the October 22, 2024, City Council Meeting it was discovered that there had been a possible error in the Police stats being reported to City Council for approval. City Council asked that the Police stats be reviewed to confirm their accuracy.

JUSTIFICATION:

The Banning City Council discovered what appeared to be errors in the Police statistics being reported to Council. The Banning Police Department reviewed the related stats and it was discovered that a computing error utilizing Microsoft Excel caused an inaccurate reporting of Police stats being filed with City Council. The Banning Police Records Bureau worked with the City of Banning Information Technology Department to address the issues. Police statistics were regenerated after the corrections and are now being presented to council.

FISCAL IMPACT:

N/A
ALTERNATIVES:

N/A
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Revised Police Stats Jan to Oct 2024.pdf
1815
CRIME Jan-24 Jan-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 0 0 0%
Rape 0 0 0% 0 0 0%
Robbery 0 3 -100% 0 3 -100%
Assaults Agg/Simp 22 19 16% 22 19 16%
Burglary 6 17 -65% 6 17 -65%
Vehicle Theft 3 8 -63% 3 8 -63%
Larceny 13 25 -48% 13 25 -48%
OTHER 0
Narcotics 7 16 -56% 7 16 -56%
DUI 1 2 -50% 1 2 -50%
T/C Non-Injury 24 11 118% 24 11 118%
T/C Injury 6 6 0% 6 6 0%
T/C Fatal 0 0 0% 0 0 0%
Citations 64 86 -26% 64 86 -26%
Total Incidents 2823 2847 -1% 0 2847 -100%

BANNING POLICE DEPARTMENT
JANUARY, 2024
1816
CRIME Feb-24 Feb-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 0 0 0%
Rape 1 1 0% 1 1 0%
Robbery 0 1 -100% 0 4 -100%
Assaults Agg/Simp 28 21 33% 50 40 25%
Burglary 4 14 -71% 10 31 -68%
Vehicle Theft 3 10 -70% 6 18 -67%
Larceny 17 21 -19% 30 46 -35%
OTHER
Narcotics 10 15 -33% 17 31 -45%
DUI 0 1 -100% 1 3 -67%
T/C Non-Injury 21 13 62% 45 24 88%
T/C Injury 0 1 -100% 6 7 -14%
T/C Fatal 0 0 0% 0 0 0%
Citations 77 62 24% 141 148 -5%
Total Incidents 2752 2557 8% 2752 5404 -49%

BANNING POLICE DEPARTMENT
FEBRUARY, 2024
1817
CRIME Mar-24 Mar-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 0 1 -100% 0 1 -100%
Rape 1 0 100% 2 1 100%
Robbery 0 0 0% 0 4 -100%
Assaults Agg/Simp 7 17 -59% 57 57 0%
Burglary 10 13 -23% 20 44 -55%
Vehicle Theft 7 6 17% 13 24 -46%
Larceny 19 28 -32% 49 74 -34%
OTHER
Narcotics 16 7 129% 33 38 -13%
DUI 2 2 0% 3 5 -40%
T/C Non-Injury 20 22 -9% 65 46 41%
T/C Injury 2 8 -75% 8 15 -47%
T/C Fatal 0 0 0% 0 0 0%
Citations 89 42 112% 230 190 21%
Total Incidents 2728 2942 -7% 5480 8346 -34%

BANNING POLICE DEPARTMENT
MARCH, 2024
1818
CRIME Apr-24 Apr-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 1 0 100% 1 1 0%
Rape 0 1 -100% 2 2 0%
Robbery 1 0 100% 1 4 -75%
Assaults Agg/Simp 16 18 -11% 73 75 -3%
Burglary 24 20 20% 44 64 -31%
Vehicle Theft 4 9 -56% 17 33 -48%
Larceny 10 25 -60% 59 99 -40%
OTHER
Narcotics 8 3 167% 41 41 0%
DUI 1 1 0% 4 6 -33%
T/C Non-Injury 17 16 6% 82 62 32%
T/C Injury 6 5 20% 14 20 -30%
T/C Fatal 0 0 0% 0 0 0%
Citations 102 45 127% 332 235 41%
Total Incidents 2693 2775 -3% 8173 11121 -27%

BANNING POLICE DEPARTMENT
APRIL, 2024
1819
CRIME May-24 May-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 2 1 100% 3 2 50%
Rape 1 1 0% 3 3 0%
Robbery 0 2 -100% 1 6 -83%
Assaults Agg/Simp 18 10 80% 91 85 7%
Burglary 2 9 -78% 46 73 -37%
Vehicle Theft 2 9 -78% 19 42 -55%
Larceny 10 15 -33% 69 114 -39%
OTHER
Narcotics 2 10 -80% 43 51 -16%
DUI 2 2 0% 6 8 -25%
T/C Non-Injury 4 12 -67% 86 74 16%
T/C Injury 4 5 -20% 18 25 -28%
T/C Fatal 0 0 0% 0 0 0%
Citations 115 56 105% 447 291 54%
Total Incidents 3172 2852 11% 11345 13973 -19%

BANNING POLICE DEPARTMENT
MAY, 2024
1820
CRIME Jun-24 Jun-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 1 0 100% 4 2 100%
Rape 1 1 0% 4 4 0%
Robbery 4 0 400% 5 6 -17%
Assaults Agg/Simp 11 14 -21% 102 99 3%
Burglary 7 12 -42% 53 85 -38%
Vehicle Theft 2 13 -85% 21 55 -62%
Larceny 12 21 -43% 81 135 -40%
OTHER
Narcotics 9 12 -25% 52 63 -17%
DUI 5 0 500% 11 8 38%
T/C Non-Injury 24 17 41% 110 91 21%
T/C Injury 5 1 400% 23 26 -12%
T/C Fatal 0 0 0% 0 0 0%
Citations 169 98 72% 616 389 58%
Total Incidents 3135 3066 2% 14480 17039 -15%

BANNING POLICE DEPARTMENT
JUNE, 2024
1821
CRIME Jul-24 Jul-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 4 2 100%
Rape 0 2 -100% 4 6 -33%
Robbery 0 1 -100% 5 7 -29%
Assaults Agg/Simp 13 26 -50% 115 125 -8%
Burglary 6 14 -57% 59 99 -40%
Vehicle Theft 6 12 0% 27 67 -60%
Larceny 15 25 -40% 96 160 -40%
OTHER
Narcotics 18 14 29% 70 77 -9%
DUI 5 0 500% 16 8 100%
T/C Non-Injury 13 15 -13% 123 106 16%
T/C Injury 1 7 -86% 24 33 -27%
T/C Fatal 0 0 0% 0 0 0%
Citations 132 91 45% 748 480 56%
Total Incidents 3375 3686 -8% 17855 20725 -14%

BANNING POLICE DEPARTMENT
JULY, 2024
1822
CRIME Aug-24 Aug-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 1 0 100% 5 2 150%
Rape 0 0 0% 4 6 -33%
Robbery 1 2 -50% 6 9 -33%
Assaults Agg/Simp 9 16 -44% 124 141 -12%
Burglary 4 3 33% 63 102 -38%
Vehicle Theft 10 16 -38% 37 83 -55%
Larceny 12 24 -50% 108 184 -41%
OTHER
Narcotics 16 15 7% 86 92 -7%
DUI 2 1 100% 18 9 100%
T/C Non-Injury 0 9 -100% 123 115 7%
T/C Injury 1 0 100% 25 33 -24%
T/C Fatal 0 0 0% 0 0 0%
Citations 110 140 -21% 858 620 38%
Total Incidents 3274 3339 -2% 21129 24064 -12%

BANNING POLICE DEPARTMENT
AUGUST, 2024
1823
CRIME Sep-24 Sep-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 5 2 150%
Rape 0 0 0% 4 6 -33%
Robbery 0 1 -100% 6 10 -40%
Assaults Agg/Simp 14 21 -33% 138 162 -15%
Burglary 1 4 -75% 64 106 -40%
Vehicle Theft 9 17 -47% 46 100 -54%
Larceny 19 14 36% 127 198 -36%
OTHER
Narcotics 10 14 -29% 96 106 -9%
DUI 1 2 -50% 19 11 73%
T/C Non-Injury 17 10 70% 140 125 12%
T/C Injury 7 10 -30% 32 43 -26%
T/C Fatal 0 0 0% 0 0 0%
Citations 87 81 7% 945 701 35%
Total Incidents 3402 2927 16% 24531 26991 -9%

BANNING POLICE DEPARTMENT
SEPTEMBER, 2024
1824
CRIME Oct-24 Oct-23 % CHGE YTD-24 YTD-23 % CHGE
PART 1 CRIMES
Homicide 0 0 0% 5 2 150%
Rape 0 1 -100% 4 7 -43%
Robbery 0 2 -100% 6 12 -50%
Assaults Agg/Simp 11 26 -58% 149 188 -21%
Burglary 4 9 -56% 68 115 -41%
Vehicle Theft 8 9 -11% 54 109 -50%
Larceny 19 19 0% 146 217 -33%
OTHER
Narcotics 6 15 -60% 102 121 -16%
DUI 4 4 0% 23 15 53%
T/C Non-Injury 9 9 0% 149 134 11%
T/C Injury 4 8 -50% 36 51 -29%
T/C Fatal 0 0 0% 0 0 0%
Citations 74 64 16% 1019 765 33%
Total Incidents 3011 2866 5% 27542 29857 -8%

BANNING POLICE DEPARTMENT
OCTOBER, 2024
1825

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: December 10, 2024
SUBJECT: City Attorney Performance Evaluation
RECOMMENDATION:

Determine, by consensus, if discussion of City Attorney Performance Evaluation should be added to the January 14, 2025, Closed Session agenda.

BACKGROUND:

A request has been submitted by Councilmember Flynn to add Evaluation of City Attorney Performance to a future closed session agenda. The process for adding items to the agenda is established by Section

3.5 of the Banning Procedural Manual, which was adopted by the City Council in 2012 and has been amended several times, most recently, by Resolution 2024-164 on October 8, 2024. Section 3.5 reads, as follows:
"Any Legislative Body member may have the City Manager place any business on the agenda that should be discussed under the item of the regular meeting agenda titled “New Items.” Any Legislative Body member desiring to present a subject for the Legislative Body’s consideration shall advise the City Manager’s office of that fact not later than 12:00 noon on the Tuesday of the week preceding the meeting at which the member wishes the subject to be considered. The matter shall then be listed on the next agenda for discussion under Item 11 (New Items) of the regular meeting agenda. The Legislative Body shall then determine whether the proposed item should be a future agenda item for discussion and deliberation by consensus. The City Manager shall advise the Legislative Body member of constraints affecting staff’s ability to produce an agenda report, and when the matter should be scheduled.

Notwithstanding the foregoing, the City Manager generally has responsibility for setting the agenda for the Legislative Body (except for any other legislative body where the responsibility may be assigned to the City Manager’s designee) and may place matters on the agenda in accordance with the City Manager’s evaluation of administrative priorities and resource capacities of the City." JUSTIFICATION:

Newly elected City Council discussion of City Attorney performance. The City Attorney is one of two employees of the Legislative Body (City Council).

FISCAL IMPACT:

None.

ALTERNATIVES:

Do not add City Attorney Performance Evaluation to the January 14, 2025, Closed Session Agenda. 1826
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
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CONTRACT (C01068)
CITY OF BANNING CONTRACT FOR SAN GORGONIO SUBSTATION 12KV EXTENSION

BY AND BETWEEN CITY OF BANNING AND ELECTRIC POWER SYSTEMS INTERNATIONAL INC.

THIS CONTRACT (“Contract”) is made and entered this day of________________________ (“Effective Date”), by and between the CITY OF BANNING, a California municipal corporation (“City”) and ELECTRIC POWER SYSTEMS INTERNATIONAL INC, a Missouri corporation (“Contractor”).

Contractor’s California State Contractor’s license number is1068030; Class C-10. Contractor’s DIR registration number is 1000013541.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. The Contract Documents consist of this Contract, the Bid (including documentation accompanying the Bid and any post-Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Bid is attached hereto as Exhibit “A” and incorporated herein by reference, the General Provisions are attached hereto and incorporated herein by reference, and the remaining Contract Documents are incorporated herein by reference.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as San Gorgonio Substation 12kV Extension (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Fifty-Eight Thousand Thirty-Nine Dollars and Eighty Cents ($58,039.80) in accordance with the prices as submitted in the Bid.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Debarment & Suspension. Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 September 10, 2024
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contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify City.
8 Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements.

This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

12. Signatures. 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.

13. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. *SIGNATURES ON THE NEXT PAGE*
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IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

CITY OF BANNING
City Council Approval: ______________ By:

City Manager Date
ATTEST: APPROVED AS TO FORM:

By: By:

Administrative City Clerk Date City Attorney Date
(“CONTRACTOR”)
By:

Name: Date
Title:

By:

Name: Date
Title:

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President
9/12/2024
George Bratkiv
9/12/2024
2024-146 9/12/2024
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GENERAL PROVISIONS
SECTION 0. GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS
The 2021 edition of “Standard Specifications for Public Works Construction” (“Standard Specifications”), as amended by the Contract Documents, is incorporated into the Contract Documents by this reference.

The Work described herein shall be done in accordance with the provisions of the Standard Specifications, as amended by the Contract Documents.
0-2 NUMBERING OF SECTIONS
The number of sections and subsections in these General Provisions are compatible with the numbering in the Standard Specifications.
0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 1 (General Provisions) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these General Provisions, these General Provisions shall control.

SECTION 1. GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following:

Agency – The City of Banning.

Board – The City Council of the City of Banning.

Contract Documents – As defined in Standard Specifications Section 1-2, but also including these General Provisions.

Engineer – The City Engineer, acting either directly or through properly authorized agents.

Such agents shall act within the scope of the particular duties entrusted to them.

Inspector – An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.

Laboratory – A laboratory authorized by the City to test materials and Work involved in the Contract.

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Notice of Completion – The notice authorized by Civil Code Section 9204.

Project – See Work.

Submittal – Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract. 1-3.3 Institutions
The institutions listed in Section 1-3.3 of Part 1 of the Standard Specifications shall be supplemented by the list below:

Abbreviation Word or Words
AAN .................................................................................................... American Association of Nurserymen AGCA ..........................................................................................Associated General Contractors of America APWA ..................................................................................................... American Public Works Association CRSI ........................................................................................................Concrete Reinforcing Steel Institute CSI .........................................................................................................Construction Specifications Institute NEC.............................................................................................................................. National Electric Code NFPA......................................................................................................National Fire Protection Association SSS.............................................................................................. State of California Standard Specifications, Latest edition, Department of Transportation
SSP............................................................................................................ State of California Standard Plans, Latest edition, Department of Transportation
1-7.2 CONTRACT BONDS
The Performance Bond shall remain in force until the date of recordation of the Notice of Completion and the end of all warranty periods set forth in the Contract Documents. The Payment Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.

SECTION 2. SCOPE OF THE WORK
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2.2 PERMITS
Before starting any construction work, the Contractor will be required to obtain all necessary permits from the City, which may include obtaining a no fee encroachment permit for Work within the public right-ofway, as well as all other permits required from all other agencies. Should the Project require construction of trenches or excavations which are five (5) feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before Work commences on this Project. The Contractor shall bear all cost for fees for all agencies except for the City’s permit fees.

2.4 COOPERATION AND COLLATERAL WORK
The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pickup, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 2-5.4 Haul Routes
Subsection 2-5.4 of Part 1 of the Standard Specifications shall be deleted and replaced as follows:

The Contractor must obtain the City Engineer’s approval before using any haul routes.

Further detail requirements for haul traffic are delineated in the Special Provisions. 2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 General.

The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the City Engineer, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to all the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done. 2-8 EXTRA WORK
New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the City Engineer.

SECTION 3. CONTROL OF THE WORK
3-1 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 183381
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agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract. 3-5 INSPECTION
The Contractor shall arrange and pay for all off-site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required.

3.7 CONTRACT DOCUMENTS
3-7.1 General
In addition to the requirements under Section 3-7.1 in the Standard Specifications, the Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. Upon completion of all Work, the Contractor shall return the control set to the City Engineer. Final payment will not be made until this requirement is met.

Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the bid sheets, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature.

All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid.
3-7.2 Precedence of the Contract Documents
With regard to Section 3-7.2 in the Standard Specifications, the Special Provisions shall control over the General Provisions, such that the order of precedence shall be as follows:

1. Permits issued by regulatory agencies with jurisdiction.

2. Change Orders and Supplemental Agreements, whichever occurs last.

3. Contract/Agreement.

4. Bid.

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5. Special Provisions.

6. General Provisions.

7. Plans.

8. Standard Plans.

9. Standard Specifications.

10. Reference Specifications.
3-9 SUBSURFACE DATA
If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design.

If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made in the office of the City Engineer. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations.

The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, the City Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.

The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents. No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City. 3-10 SURVEYING
3-10.1 General
The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq.). All Project surveying notes and “cutDocusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 183583
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sheets” are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor.

Construction stakes shall be set and stationed by the Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re-staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense. 3-11 CONTRACT INFORMATION SIGNS
The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right-of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.
3-12 WORKSITE MAINTENANCE
3-12.1 General.

Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Working Day. If the job site is not cleaned to the satisfaction of the City Engineer, the cleaning will be done or contracted by the City and shall be back-charged to the Contractor and deducted from the Contract Price.

The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.

3.12.4 Storage of Equipment and Materials.
3-12.4.1 General
The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off-site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store materials in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 183684
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installation coordination to ensure minimum holding or storage times for materials recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to assure materials are undamaged and are maintained under required conditions.

All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.
3-12.4.2 Storage in Public Streets
The first sentence of Section 3-12.4.2 shall not be incorporated and shall instead be replaced with the following:

Construction materials and equipment shall not be stored in streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the City Engineer. 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
3-13.1 Completion.

The Contractor shall complete all Work under the Contract within Two Hundred Fifty (250) Working Days from the Notice to Proceed.
3-13.2 Acceptance
The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 3-12 of Part 1 of the Standard Specifications and the Special Provisions, and all of the following items have been received by the City Engineer:

1. A form of Notice of Completion, with all information required by the California Civil Code;

2. All written guarantees and warranties;

3. Evidence that the Performance Bond has been extended and will remain in effect for the period specified in Section 1-7.2 of the Standard Specifications, as modified by these General Provisions;

4. All “as-builts”;

5. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.

The Contractor shall allow at least seven (7) Working Days’ notice for final inspection. Such notice shall be submitted to the City Engineer in writing.

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3-13.3 Warranty
For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the City Engineer’s acceptance of the final item(s) on that punchlist.

The Contractor shall repair or replace defective materials and workmanship as required in this Section 3-

13.3 at its own expense. Additionally, the Contractor agrees to defend, indemnify, and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects.

The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.

SECTION 4. CONTROL OF MATERIALS
4-1 GENERAL
The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. 4-4 TESTING
Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.
4-6 TRADE NAMES
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the City Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the City Engineer to determine equivalence, no later than five (5) Days after the award of Contract, unless a different deadline is listed in the Special Provisions.

SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
5-3.1 Public Work
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The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq. (“Chapter 1”), and that the Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.
5-3.2 Copies of Wage Rates
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.

The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor. 5-3.3 Payroll Records
The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

The Contractor and each Subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each Contractor and each Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner at least monthly, in a format prescribed by the Labor Commissioner.
5-3.4 Hours of Labor
The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of the Project by the Contractor or by any Subcontractor for each calendar Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 183987
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day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 5-3.5 Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on the Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 5-3.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
5-3.7 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 5-3.8 Compliance Monitoring and Posting Job Sites
The Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.
5-3.9 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 184088
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such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure. 5-3.10 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.10 shall survive expiration or termination of the Contract.
5-4 INSURANCE
5-4.1 General
The first paragraph of Section 5-4.1 of Part 1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds regardless of any inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract. The City shall not be liable for any accident, loss or damage to the Work prior to completion, except as otherwise specified in Section 6-5.
5-4.2 General Liability Insurance
The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 5-4 of Part 1 of the Standard Specifications, as modified below. 5-4.2.1 Additional Insureds
The City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City.

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5-4.2.2 No Limitation on Indemnity
The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in these Contract Documents.
5-4.2.3 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by this Section 5-4 during the term of the Contract. The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.
5-4.2.4 Certificates of Insurance with Original Endorsements The Contractor shall submit to the City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Endorsements must be executed on forms titled approved by the City. The endorsements must specifically name the City of Banning and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
5-4.2.5 Subcontractors
The Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of this Section 5-4. 5-4.5 Insurance Requirements not Limiting
If the Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 5-4, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract.

5.7 SAFETY
5-7.8 Steel Plate Covers
5-7.8.1 General
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The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers.

Section 5-8 is hereby added to Section 5 of Part 1 of the Standard Specifications, as follows:
5-8 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 5-4.1 of the Standard Specifications.
5-8.1 Contractor’s Duty
To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City and its elected officials, officers, attorneys, agents, employees, 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, stop payment notices, 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”), in law or 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 the Contractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability) in the performance of the Contract, 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. The Contractor 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. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5. 5-8.1.1 Taxes and Workers’ Compensation
The Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. The Contractor shall fully comply with the Workers’ Compensation law regarding the Contractor and the Contractor’s employees. The Contractor shall indemnify and hold the City harmless from any failure of the Contractor to comply with applicable Workers’ Compensation laws. The City may offset against the amount of any fees due to the Contractor under the Contract any amount due to the City from the Contractor as a result of the Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5-8.1.1.
5-8.1.2 Subcontractor Indemnity Agreements
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The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5-8 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor 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 the Contractor’s Subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their officers, agents, servants, or employees (or any entity or individual for whom the Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the parties. 5-8.2 Workers’ Compensation Acts not Limiting
The Contractor’s indemnifications and obligations under this Section 5-8, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. The Contractor expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees, and volunteers.
5-8.3 Insurance Requirements not Limiting
The City does not, and shall not, waive any rights that it may possess against the Contractor because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5-8 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 the City.
5-8.4 Civil Code Exception
Nothing in this Section 5-8 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5-8.5 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
5-8.6 Waiver of Right of Subrogation
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The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 5-8.7 Survival of Terms
The Contractor’s indemnifications and obligations under this Section 5-8 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law.

Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision.

SECTION 6. PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
One (1) week before the scheduled pre-construction meeting, the Contractor must submit to the City Engineer for review and approval the construction schedule required by the first paragraph of Section 6-

1.1. The Contractor shall make revisions as required by the City Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The Contractor shall update this Construction Schedule when directed by the City Engineer, or when:
a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.

The Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.
6-1.1.1 Pre-Construction Conference
Approximately One (1) week before the commencement of Work at the site, a pre-construction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. Attendance by the Contractor and any Subcontractors designated is mandatory.

Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the City Engineer for approval a minimum of One (1) week before the pre-construction conference. Unless previously Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 184593
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submitted to the City Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on-site field superintendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation.

The purpose of the conference is to designate responsible personnel and establish a working relationship.

The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs. 11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting. 6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each meeting. The construction manager will preside Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 184694
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at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.
6-1.2 Commencement of the Work
The Contractor shall not begin any construction activity at the site before the issuance of the Notice to Proceed. Any Work that is done by the Contractor in advance of the Notice to Proceed shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

Section 6-1.3 is hereby added to Section 6 of Part 1 of the Standard Specifications, as follows:
6-1.3 Working Days And Hours
The Contractor shall do all Work between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday.

No Work will be allowed on Saturday or Sunday or City holidays, which are as follows: New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Day After Thanksgiving, Christmas Eve Day, Christmas Day, and New Year’s Eve. In addition, no Work will be allowed on any special election Day that may be declared. Should a special election be declared, a time extension of one (1) Working Day will be granted for each such Day.

A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours and Days written in this Section.

Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give twenty-four (24) hours’ notice to the City Engineer so that inspection may be provided. A charge may be made to the Contractor for approved overtime or weekend inspections requested by the Contractor. 6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General.

Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.

No extension of time will be granted for any event, including pandemics, leading to the issuance of a “stay at home” or similar kind of order by any local, State, or federal governmental authority, if the Work has been deemed, either by emergency order or proclamation, or operation of law, to be an essential service that is exempt from such stay at home or similar order. 6-4.2 Extensions of Time
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In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-4.3 Payment for Delays
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

Unless compensation and/or markup is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work.

This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
The following sentence is added to Section 6-8:

In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.
6-9 LIQUIDATED DAMAGES
Section 6-9 of Part 1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be, impractical and extremely difficult to determine. For each consecutive calendar day in excess of the time specified for completion of the Work, as adjusted in accordance with 6-4, the Contractor shall pay to the City, or have withheld from moneys due the Contractor, the sum of $750.00.

Execution of the Contract shall constitute agreement by the City and the Contractor that $750.00 per Day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 184896
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the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the City Engineer, and the City Engineer has certified such completion in accordance with Section 3-13.1 of Part 1 of the Standard Specifications.

SECTION 7. MEASUREMENT AND PAYMENT

7.3 PAYMENT

7.3.1 General
The unit and lump sum prices to be paid shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the City Engineer. In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 7-3.2 Partial and Final Payment
7-3.2.1 Monthly Closure Date and Invoice Date
For purposes of Section 7-3.2, the monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the City Engineer before the tenth (10th) Day of the following month for verification and payment consideration. 7-3.2.2 Payments
The City shall make payments within thirty (30) Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-

1.1 of the General Provisions. The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) Days after receipt, and shall explain in writing the reasons why the payment request is not proper. 7-3.2.3 Retention
The City shall withhold not less than five percent (5%) from each progress payment. However, at any time after fifty percent (50%) of the Work has been completed, if the City Council finds that satisfactory progress is being made, it may, at its discretion, make any of the remaining progress payments in full for actual Work completed. The City shall withhold not less than five percent (5%) of the Contract Price from the Final Payment Amount (defined in Section 7-3.2.4) until at least thirty-five (35) days after recordation of the Notice of Completion, or recordation of a notice of acceptance or cessation, but not later than the period permitted by Public Contract Code Section 7107.

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7-3.2.4 Final Invoice and Payment
Whenever the Contractor shall have completely performed the Contract in the opinion of the City Engineer, the City Engineer shall notify the City Clerk that the Contract has been completed in its entirety.

The Contractor shall then submit to the City Engineer a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City Engineer shall check the quantities included therein and shall authorize a payment amount, which in the City Engineer’s opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The City Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions.
7-3.2.5 Substitute Security
In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.

7.3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.

The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 185098
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retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities.
7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 7-3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7-

3.2.5.4 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.
7-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor.
7-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.
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The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.

Section 7-3.9 is hereby added to Section 7-3 of Part 1 of the Standard Specifications, as follows:
7-3.9 Audit
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract. The Contractor shall include a copy of this Section 7-3.9 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.

SECTION 8 FACILITIES FOR AGENCY PERSONNEL
8-1 GENERAL
No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.

Section 9 is hereby added to Part 1 of the Standard Specifications, as follows:

SECTION 9. ADDITIONAL TERMS
9-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 9-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
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Until the final acceptance of the Work by the City Council in accordance with Section 3-13.2 of the General Provisions, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
9-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in the Contractor’s Bid.
9-5 REMOVAL OF INTERFERING OBSTRUCTIONS
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work.
9-6 SOILS ENGINEERING AND TESTING
A certified materials testing firm may be retained by the City to perform materials tests during the Contractor’s entire operation to ascertain compliance with the Contract requirements. The City shall be responsible for the first series of tests. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.

If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions.
9-7 ACCESS TO PRIVATE PROPERTY
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project. 9-9 CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of Work, but shall proceed with the performance of the Work in Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 1853 901
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dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.

All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. For purposes of this Section, “claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for (i) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City, (ii) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract Documents, payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or (iii) payment of an amount that is disputed by the City. The Contractor or any subcontractor must file a claim in accordance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Section 9204 and Article 1.5 (as applicable).

In addition to compliance with Public Contract Code Section 9204 and Article 1.5, filing a claim in accordance with the Government Claims Act (Government Code Section 810 et seq.) is a prerequisite to filing any lawsuit against the City relating to this Contract. 9-10 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third-party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice. 9-11 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 9-12 REQUIREMENT TO MITIGATE THE SPREAD OF COVID-19
The Contractor and all Subcontractors for the Work shall comply with all applicable Federal, State, Los Angeles County, and City statutes, regulations, orders, and ordinances regarding COVID-19 Infection Prevention. This requirement specifically includes, without limitation, compliance with the “Safety and Health Guidance COVID-19 Infection Prevention in Construction” issued by the California Department of Industrial Relations, Division of Occupational Safety and Health and Safety on October 27, 2020, and as may be amended from time to time by the Department.

Prior to the pre-construction meeting, the Contractor shall submit to the City a “COVID-19 Mitigation Program” implementing these requirements and shall post the COVID-19 Mitigation Program on the Project site in a manner designated by the City’s Project Manager. The failure of employees or workers of the Contractor and all Subcontractors on the Work to comply with these requirements shall be a default per Section 6-7.1, and may also result in a suspension of the Work pursuant to Section 6-6. Contractor Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 1854 902
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acknowledges that, in the event that the Engineer suspends the Work as a result of such failure by the Contractor or one of its Subcontractors to comply with these requirements, the City is not responsible for the delay, and that pursuant to Section 6-6.1 the Contractor is not entitled to compensation. The Contractor shall also pay to the City the costs and expenses incurred by the City resulting from the failure of employees of the Contractor and all Subcontractors on the Work to comply with these requirements including, but not limited to, the salaries and benefits for City employees who are unable to work due to exposure to COVID-19 as a result of such failure, and workers’ compensation benefits and expenses.

Delays in the Work resulting from the Contractor’s or its Subcontractor’s failure to comply with these regulations shall not be considered an unforeseen event entitling the Contractor to an extension of time or payment for delay pursuant to Section 6-4 of the Standard Specifications. 9-13 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 9-14 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.
9-15 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Contract shall be in Superior Court with geographic jurisdiction over the City.
9-16 TIME
Time is of the essence in these Contract Documents.
9-17 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 1855 903
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herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents.

The Contractor shall include this provision in all contracts with all Subcontractors. 9-18 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents. 9-19 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents.

In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 9-20 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.
9-21 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.

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9-22 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

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SPECIAL PROVISIONS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 3 (Construction Methods) and 4 (Existing Improvements) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.

SECTION 306 - OPEN TRENCH CONDUIT CONSTRUCTION
306-3.1 GENERAL
Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, the Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any:
a. Material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and/or b. Subsurface or latent physical conditions at the site differing from those indicated; and/or c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in the Contract. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit for acceptance by the City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Docusign Envelope ID: CF7876E0-BA02-4768-8AC4-7D1E58ED6C78 1858 906
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provision shall be construed to impose tort liability on the City or on any City officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are the Contractor’s responsibility and must be included in the Contractor’s bid.

SECTION 400 - PROTECTION AND RESTORATION
400-1 GENERAL
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

SECTION 402 - UTILITIES
402-1 LOCATION
Except as shown in the Plans or specified in the Special Provisions, the location and existence of underground utilities or substructures has not been obtained. Subject to Government Code Section 4215, the methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.

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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.

Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.

To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.

Dig Alert Identification Number: ________________________________________________ Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request.

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402-1.3 Entry by Utility Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the City Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all. 402-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.
402-3 REMOVAL
Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the City Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings.
402-4 RELOCATION
The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities. 402-6 COOPERATION
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.

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402-7 NOTIFICATION
The Contractor shall notify the City Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:

Agency: City of Banning
Phone Number: 951.922.3263
Contact Person: Brandon Robinson
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EXHIBIT “A”
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