Banning City Council
February 25, 2025

1993
Activity ID Activity Name Planned
Duration
Start Finish Total Float
P1D.1160 Initial Baseline Cost Model - Draft 20 04-Mar-25 31-Mar-25 72P1D.1170 Initial Baseline Cost Model - Draft - City Rev 10 01-Apr-25 14-Apr-25 72 30% Cost Estimate / Cost Update #1 30 28-Apr-25 09-Jun-25 63 P1D.1180 30% Cost Estimate - Draft 20 28-Apr-25 23-May-25 63P1D.1190 30% Cost Estimate - Draft - City Rev 10 27-May-25 09-Jun-25 63 GMP / 60% Cost Estimate 60 09-Jul-25 01-Oct-25 43
P1D.1280 Phase 2 GMP / 60% Cost Estimate - Draft 20 09-Jul-25 05-Aug-25 43P1D.1290 Phase 2 GMP / 60% Cost Estimate - Draft - City Review 20 06-Aug-25 03-Sep-25 43P1D.1310 Negotiate GMP 20 04-Sep-25 01-Oct-25 43P1D.1320 Phase 2 GMP - Final 10 18-Sep-25 01-Oct-25 43 Phase 2 CPM Schedules 140 28-Apr-25 13-Nov-25 142
Initial Phase 2 Schedule - 30% 30 28-Apr-25 09-Jun-25 63 P1D.1200 P2 Schedule - 30% Draft 20 28-Apr-25 23-May-25 63P1D.1210 P2 Schedule - 30% Draft - City Review 10 27-May-25 09-Jun-25 63 Draft Baseline Phase 2 Schedule 50 09-Jul-25 17-Sep-25 53 P1D.1340 P2 Schedule - GMP/60% Draft 20 09-Jul-25 05-Aug-25 43P1D.1350 P2 Schedule - GMP/60% Draft - City Review 10 06-Aug-25 19-Aug-25 53P1D.1360 P2 Schedule - GMP/60% Update 20 20-Aug-25 17-Sep-25 53 Final Baseline Phase 2 Schedule 30 02-Oct-25 13-Nov-25 142 P1D.1260 P2 Schedule - Final Draft 20 02-Oct-25 29-Oct-25 142P1D.1270 P2 Schedule - Final Draft - City Review 10 30-Oct-25 13-Nov-25 142 Task 2.2: GMP Development 60 09-Jul-25 01-Oct-25 43
Phase 2 GMP / Proposal Documents 60 09-Jul-25 01-Oct-25 43 P1D.1850 Draft Start-up, Commission, & Training Plan - Draft 40 09-Jul-25 03-Sep-25 53P1D.1860 Risk Register - Update 40 09-Jul-25 03-Sep-25 53P1D.1870 Phase 2 Org Chart 20 09-Jul-25 05-Aug-25 53P1D.1300 Phase 2 Amendment - Draft 20 06-Aug-25 03-Sep-25 53P1D.1840 Quality Management Plan - Draft 20 06-Aug-25 03-Sep-25 53P1D.1330 Phase 2 Amendment - Final 10 18-Sep-25 01-Oct-25 43 Task 3.0: Meeting & Reports 701 02-Jan-25 14-Oct-27 52
Task 3.1: Kick-off Meeting/Workshop 1 02-Jan-25 02-Jan-25 46 P1D.1370 Kick-off Meeting 1 02-Jan-25 02-Jan-25 46
Task 3.2: Progress Meetings & Reports 700 02-Jan-25 14-Oct-27 52 Progress Meetings 700 02-Jan-25 14-Oct-27 52
P1D.1460 Bi-Weekly Progress Meetings 700 02-Jan-25 14-Oct-27 52 Technical Collaborations / Workshops 230 16-Jan-25 15-Dec-25 127 P1D.1380 WS - MBR & Disinfection Workshop 1 16-Jan-25 16-Jan-25 66P1D.1390 WS - Site Layout Workshop 1 14-Feb-25 14-Feb-25 46P1D.1400 WS - Permitting Collaboration 1 24-Feb-25 24-Feb-25 72P1D.1410 WS - VE Workshop 1 03-Mar-25 03-Mar-25 72P1D.1420 WS - 30% Design Review 1 12-May-25 12-May-25 61P1D.1430 WS - 60% Design Workshop 1 23-Jul-25 23-Jul-25 93P1D.1440 WS - GMP Workshop 1 06-Aug-25 06-Aug-25 83P1D.1450 WS - 90% Design Workshop 1 14-Nov-25 14-Nov-25 146P1D.1880 WS - Final Design Workshop 1 15-Dec-25 15-Dec-25 127 D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
Initial Baseline Cost Model - Draft
Initial Baseline Cost Model - Draft - City Rev
30% Cost Estimate - Draft
30% Cost Estimate - Draft - City Rev
Phase 2 GMP / 60% Cost Estimate - Draft
Phase 2 GMP / 60% Cost Estimate - Draft - City Review
Negotiate GMPPhase 2 GMP - Final
P2 Schedule - 30% Draft
P2 Schedule - 30% Draft - City Review
P2 Schedule - GMP/60% Draft
P2 Schedule - GMP/60% Draft - City Review
P2 Schedule - GMP/60% Update
P2 Schedule - Final Draft
P2 Schedule - Final Draft - City Review
Draft Start-up, Commission, & Training Plan - DraftRisk Register - Update Phase 2 Org Chart
Phase 2 Amendment - DraftQuality Management Plan - Draft Phase 2 Amendment - Final
Kick-off Meeting
Bi-Weekly Progress
WS - MBR & Disinfection Workshop
WS - Site Layout Workshop
WS - Permitting Collaboration
WS - VE Workshop
WS - 30% Design Review
WS - 60% Design Workshop
WS - GMP Workshop
WS - 90% Design Workshop
WS - Final Design Workshop
City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

1994
Activity ID Activity Name Planned
Duration
Start Finish Total Float
Task 3.3: Project Status Reports & Monthly Invoicing 700 02-Jan-25 14-Oct-27 52 P1D.1470 Monthly PSRs & Invoicing 700 02-Jan-25 14-Oct-27 52 Task 3.4: Risk Management Workshop 21 28-Apr-25 27-May-25 56 P1D.1890 Risk Register - Draft 20 28-Apr-25 23-May-25 56P1D.1480 WS - Risk Management Workshop 1 27-May-25 27-May-25 56 Task 3.5: Constructability Review Workshops 36 03-Jun-25 23-Jul-25 92 P1D.1490 WS - Constructability Workshop #1 1 03-Jun-25 03-Jun-25 56P1D.1500 WS - Constructability Workshop #2 1 23-Jul-25 23-Jul-25 92 Task 3.6: SCADA Development & Scoping Workshops 120 18-Feb-25 06-Aug-25 161 P1D.1510 WS - SCADA Workshop #1 1 18-Feb-25 18-Feb-25 46P1D.1520 WS - SCADA Workshop #2 1 24-Mar-25 24-Mar-25 67P1D.1530 WS - SCADA Workshop #3 1 18-Jun-25 18-Jun-25 56P1D.1540 WS - SCADA Workshop #4 1 06-Aug-25 06-Aug-25 161 Task 4.0: Preliminary Investigations & Support 360 02-Jan-25 08-Jun-26 322 Task 4.1: Potholing & Cultural Monitoring 35 16-Jan-25 10-Mar-25 78 P1D.1550 Potholing 5 16-Jan-25 24-Jan-25 78P1D.1560 Potholing Report 30 24-Jan-25 10-Mar-25 78 Task 4.2: Topographic Survey (Aerial, Title Report, Boundary Summary) 40 16-Jan-25 17-Mar-25 73 P1D.1570 Survey 20 16-Jan-25 14-Feb-25 73P1D.1580 Survey Report 20 14-Feb-25 17-Mar-25 73 Task 4.3: Environmental Support (IS-MND) 30 02-Jan-25 14-Feb-25 48 P1D.1590 Environmental Support 30 02-Jan-25 14-Feb-25 48 Task 4.4: Geotechnical Investigation 65 16-Jan-25 18-Apr-25 48 P1D.1600 Geotechnical Report - Draft 30 16-Jan-25 03-Mar-25 53P1D.1610 Geotechnical Report -Draft-City Rev 10 03-Mar-25 17-Mar-25 53P1D.1620 Geotechnical Report - Final 20 24-Mar-25 18-Apr-25 48 Task 4.5: Permitting Support 280 28-Apr-25 08-Jun-26 322 City of Banning 80 09-Jul-25 29-Oct-25 157
P1D.1750 County Traffic Control Permit 40 09-Jul-25 03-Sep-25 83P1D.1760 Community Development 30 09-Jul-25 19-Aug-25 152P1D.1770 Building Permit 60 06-Aug-25 29-Oct-25 157P1D.1780 Public Works Coordination 20 06-Aug-25 03-Sep-25 142P1D.1790 Encroachment Permit Coordination 20 06-Aug-25 03-Sep-25 83 County of Riverside 150 09-Jul-25 12-Feb-26 397
P1D.1630 Health Dept. - Solid Waste Facility Reqs 20 09-Jul-25 05-Aug-25 162P1D.1640 Flood Control & Water Conservation District 40 09-Jul-25 03-Sep-25 142P1D.1650 Transport. & Land Management Agency & Planning 30 06-Aug-25 17-Sep-25 132P1D.1660 Fire Dept. - Hazardous Material Business Plan 40 16-Dec-25 12-Feb-26 397 CA State Waterboard R7: Colorado River 90 24-Jun-25 29-Oct-25 152 Stormwater 50 24-Jun-25 03-Sep-25 142
P1D.1670 Industrial User Waste Discharge Permits 50 24-Jun-25 03-Sep-25 142P1D.1680 Construction General Permit 40 09-Jul-25 03-Sep-25 83P1D.1690 SWPPP Plan Development 40 09-Jul-25 03-Sep-25 83P1D.1700 SWPPP Updates assoc. w/Industrial Activities 30 23-Jul-25 03-Sep-25 142 Recycled Water 60 06-Aug-25 29-Oct-25 152
P1D.1710 Title 22 Eng. Report for Prod., Dist. & Use of Rec. Water 60 06-Aug-25 29-Oct-25 152 D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
Monthly PSRs & Invo
Risk Register - Draft
WS - Risk Management Workshop
WS - Constructability Workshop #1
WS - Constructability Workshop #2
WS - SCADA Workshop #1
WS - SCADA Workshop #2
WS - SCADA Workshop #3
WS - SCADA Workshop #4
Potholing
Potholing Report
Survey
Survey Report
Environmental Support
Geotechnical Report - Draft
Geotechnical Report -Draft-City Rev
Geotechnical Report - Final
County Traffic Control Permit
Community Development
Building Permit
Public Works CoordinationEncroachment Permit Coordination Health Dept. - Solid Waste Facility Reqs
Flood Control & Water Conservation District
Transport. & Land Management Agency & Planning
Fire Dept. - Hazardous Material Business Plan
Industrial User Waste Discharge PermitsConstruction General PermitSWPPP Plan DevelopmentSWPPP Updates assoc. w/Industrial Activities Title 22 Eng. Report for Prod., Dist. & Use of Rec. Water City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

1995
Activity ID Activity Name Planned
Duration
Start Finish Total Float
P1D.1720 Title 27 Eng. Report for Brine Evap Ponds (if req'd) 60 06-Aug-25 29-Oct-25 152 South Coast Air Quality Management District (AQMD) 280 28-Apr-25 08-Jun-26 322 P1D.1730 Authority to Construct Permit 120 28-Apr-25 15-Oct-25 53P1D.1740 Permit to Operate (After Construction) 120 16-Dec-25 08-Jun-26 322 Energy Tax Credits / Incentives 20 24-Feb-25 21-Mar-25 48 P1D.1800 Energy Tax Credits / Incentives Support 20 24-Feb-25 21-Mar-25 48 CONSTRUCTION 519 02-Oct-25 26-Oct-27 43
Construction Phase 2A - Early Work 395 02-Oct-25 30-Apr-27 68 Early Procurement 139 02-Oct-25 23-Apr-26 308
Early Administative Tasks 138 02-Oct-25 22-Apr-26 309
C2A.1000 Procure Early Works Subcontractors & Suppliers 60 02-Oct-25 30-Dec-25 44C2A.1010 Coordinate w/ Banning Elect Utility / SCPPA) 120 30-Oct-25 22-Apr-26 315 Prepare Early Submittals & Submit 119 30-Oct-25 23-Apr-26 187 C2A.1030 P/S General Piping & Valves 20 30-Oct-25 26-Nov-25 114C2A.1040 P/S Concrete Mix Design 20 30-Oct-25 26-Nov-25 50C2A.1020 P/S Concrete Reinforcing (Rebar) - Aeration Basin / UV SOG 10 30-Oct-25 13-Nov-25 48C2A.1050 P/S Electrical Materials - General 10 30-Oct-25 12-Nov-25 45C2A.1060 P/S Concrete Reinforcing (Rebar) - Balance 40 14-Nov-25 14-Jan-26 191C2A.1070 P/S Pre-Eng. Metal Buildings & Canopies (PEMBs) 60 30-Dec-25 26-Mar-26 190C2A.1080 P/S Membrane Bioreactor (MBR) Equipment 80 30-Dec-25 23-Apr-26 105C2A.1100 P/S Fine Screens & Washer Compactors 60 30-Dec-25 26-Mar-26 205C2A.1110 P/S Fine & Course Bubble Diffuser Systems 80 30-Dec-25 23-Apr-26 70C2A.1120 P/S MBR Air Scour Systems 80 30-Dec-25 23-Apr-26 190C2A.1130 P/S Electrical Gear & Equip (VFDs, MCCs, PLCs, etc.) 60 30-Dec-25 26-Mar-26 45C2A.1170 P/S UV System 80 30-Dec-25 23-Apr-26 161C2A.1180 P/S Aeration Blowers 80 30-Dec-25 23-Apr-26 70 Early Submittal Review & Approval 130 13-Nov-25 21-May-26 186 C2A.1470 R/A Electrical Materials - General 10 13-Nov-25 26-Nov-25 45C2A.1440 R/A Concrete Reinforcing (Rebar) - Aeration Basin / UV SOG 10 14-Nov-25 01-Dec-25 48C2A.1450 R/A General Piping & Valves 10 01-Dec-25 12-Dec-25 114C2A.1460 R/A Concrete Mix Design 10 01-Dec-25 12-Dec-25 50C2A.1480 R/A Concrete Reinforcing (Rebar) - Balance 10 15-Jan-26 29-Jan-26 191C2A.1490 R/A Fine Screens & Washer Compactors 20 26-Mar-26 23-Apr-26 205C2A.1500 R/A Pre-Eng. Metal Buildings & Canopies (PEMBs) 20 26-Mar-26 23-Apr-26 190C2A.1510 R/A Electrical Gear & Equip (VFDs, MCCs, PLCs, etc.) 20 26-Mar-26 23-Apr-26 45C2A.1560 R/A Membrane Bioreactor (MBR) Equipment 20 23-Apr-26 21-May-26 105C2A.1580 R/A Fine & Course Bubble Diffuser Systems 20 23-Apr-26 21-May-26 70C2A.1590 R/A MBR Air Scour Systems 20 23-Apr-26 21-May-26 190C2A.1600 R/A UV System 20 23-Apr-26 21-May-26 161C2A.1610 R/A Aeration Blowers 20 23-Apr-26 21-May-26 70 Early Fabrication & Delivery Release 361 01-Dec-25 30-Apr-27 70 C2A.1220 F/D Electrical Materials - General 10 01-Dec-25 12-Dec-25 45C2A.1200 F/D Concrete Reinforcing (Rebar) - Aeration Basin / UV SOG 10 01-Dec-25 15-Dec-25 49C2A.1210 F/D General Piping & Valves 60 15-Dec-25 11-Mar-26 114 D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
Title 27 Eng. Report for Brine Evap Ponds (if req'd)
Authority to Construct Permit
Permit to Operate (After Construction)
Energy Tax Credits / Incentives Support
Procure Early Works Subcontractors & Suppliers
Coordinate w/ Banning Elect Utility / SCPPA)
P/S General Piping & ValvesP/S Concrete Mix Design
P/S Concrete Reinforcing (Rebar) - Aeration Basin / UV SOGP/S Electrical Materials - General P/S Concrete Reinforcing (Rebar) - Balance
P/S Pre-Eng. Metal Buildings & Canopies (PEMBs)
P/S Membrane Bioreactor (MBR) Equipment
P/S Fine Screens & Washer Compactors
P/S Fine & Course Bubble Diffuser SystemsP/S MBR Air Scour Systems P/S Electrical Gear & Equip (VFDs, MCCs, PLCs, etc.)
P/S UV SystemP/S Aeration Blowers
R/A Electrical Materials - General
R/A Concrete Reinforcing (Rebar) - Aeration Basin / UV SOG R/A General Piping & ValvesR/A Concrete Mix Design
R/A Concrete Reinforcing (Rebar) - Balance
R/A Fine Screens & Washer CompactorsR/A Pre-Eng. Metal Buildings & Canopies (PEMBs)R/A Electrical Gear & Equip (VFDs, MCCs, PLCs, etc.) R/A Membrane Bioreactor (MBR) EquipmentR/A Fine & Course Bubble Diffuser SystemsR/A MBR Air Scour SystemsR/A UV SystemR/A Aeration Blowers F/D Electrical Materials - General
F/D Concrete Reinforcing (Rebar) - Aeration Basin / UV SOG F/D General Piping & Valves
City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

1996
Activity ID Activity Name Planned
Duration
Start Finish Total Float
C2A.1230 F/D Concrete Reinforcing (Rebar) - Balance 20 29-Jan-26 27-Feb-26 191C2A.1250 F/D Electrical Gear & Equip (VFDs, MCCs, PLCs, etc.) 260 23-Apr-26 30-Apr-27 45C2A.1260 F/D Fine Screens & Washer Compactors 120 23-Apr-26 13-Oct-26 205C2A.1270 F/D Pre-Eng. Metal Buildings & Canopies (PEMBs) 60 23-Apr-26 20-Jul-26 190C2A.1300 F/D Membrane Bioreactor (MBR) Equipment 200 21-May-26 05-Mar-27 105C2A.1320 F/D UV Sytem 120 21-May-26 10-Nov-26 161C2A.1330 F/D MBR Air Scour Systems 120 21-May-26 10-Nov-26 190C2A.1340 F/D Fine & Course Bubble Diffuser Systems 200 21-May-26 05-Mar-27 70C2A.1350 F/D Aeration Blowers 240 21-May-26 30-Apr-27 70 Mobilization 6 30-Oct-25 06-Nov-25 43
C2A.1370 Mobilization 5 30-Oct-25 05-Nov-25 44C2A.1380 Set-up Traffic Control 1 30-Oct-25 30-Oct-25 43C2A.1400 Install Temp Facilities (Trailers, Toilets, Parking, etc.) 5 30-Oct-25 06-Nov-25 44C2A.1390 Install SWPPP BMPs 3 30-Oct-25 04-Nov-25 44 Early Civil Site Work 30 06-Nov-25 22-Dec-25 163
C2A.1410 Clear & Grub @ Site 5 06-Nov-25 13-Nov-25 44C2A.1420 Mass EXC @ Aeration Basins (elev 2109') 15 13-Nov-25 08-Dec-25 44C2A.1430 Mass EXC @ UV Basin (elev 2120') 10 08-Dec-25 22-Dec-25 163 Early Aeration Basins / Reactors 1-3 Work 160 08-Dec-25 27-Jul-26 44 C2A.1620 Cut & Grade - Aeration Basins 1-3 5 08-Dec-25 15-Dec-25 44C2A.1630 Install BG Utility Piping 5 15-Dec-25 22-Dec-25 44C2A.1640 ELEC - Install BG / In-slab Conduit 15 15-Dec-25 07-Jan-26 44C2A.1650 F/R/P - SOG, Walls, Deck - Aeration Basin 1-3 150 22-Dec-25 27-Jul-26 44 Construction Phase 2B 464 23-Dec-25 26-Oct-27 43
Procurement 239 23-Dec-25 04-Dec-26 193
Administrative Tasks 40 23-Dec-25 20-Feb-26 149
C2B.2350 Design - Issue For Construction Docs 10 23-Dec-25 07-Jan-26 122C2B.2360 Procure Misc Subcontractors & Suppliers 40 23-Dec-25 20-Feb-26 149 Prepare Submittals & Submit 60 20-Feb-26 15-May-26 235
C2A.1140 P/S Digester Heat Exchangers 60 20-Feb-26 15-May-26 208C2A.1150 P/S MBR Chemical Feed Systems - Citric Acid/Hypo 60 20-Feb-26 15-May-26 169C2A.1190 P/S Rotary Drum Thickener (RDT) Equipment 60 20-Feb-26 15-May-26 239C2B.2280 P/S RAS Pumps 60 20-Feb-26 15-May-26 209C2B.2290 P/S Permeate Backwash Pumps 60 20-Feb-26 15-May-26 186C2B.2300 P/S Permeate Tanks (Bolted Steel) 40 20-Feb-26 17-Apr-26 249C2B.2310 P/S Plant Water Pumps 60 20-Feb-26 15-May-26 155C2B.2320 P/S Polymer Feed Pumps 60 20-Feb-26 15-May-26 179C2B.2330 P/S Chemical Feed Tanks 40 20-Feb-26 17-Apr-26 259C2B.2340 P/S WAS Pumps 60 20-Feb-26 15-May-26 179C2A.1160 P/S Grit / Cyclone Unit 60 23-Feb-26 15-May-26 149C2A.1670 P/S Digester Hot Water Boiler 40 23-Feb-26 17-Apr-26 223C2A.1700 P/S Primary Clarifier Equipment 60 23-Feb-26 15-May-26 194C2A.1730 P/S Grit Pumps 60 23-Feb-26 15-May-26 209 Review & Approve Submittals 40 17-Apr-26 15-Jun-26 225
C2B.2230 R/A Permeate Tanks 10 17-Apr-26 01-May-26 249
D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
F/D Concrete Reinforcing (Rebar) - Balance
F/D Electrical Gear & Equip (VFDs, MCCs, P
F/D Fine Screens & Washer Compactors
F/D Pre-Eng. Metal Buildings & Canopies (PEMBs)
F/D Membrane Bioreactor (MBR) Equipment
F/D UV SytemF/D MBR Air Scour Systems
F/D Fine & Course Bubble Diffuser Systems
F/D Aeration Blowers
Mobilization
Set-up Traffic Control
Install Temp Facilities (Trailers, Toilets, Parking, etc.) Install SWPPP BMPs
Clear & Grub @ Site
Mass EXC @ Aeration Basins (elev 2109')
Mass EXC @ UV Basin (elev 2120')
Cut & Grade - Aeration Basins 1-3
Install BG Utility Piping
ELEC - Install BG / In-slab Conduit
F/R/P - SOG, Walls, Deck - Aeration Basin 1-3
Design - Issue For Construction Docs
Procure Misc Subcontractors & Suppliers
P/S Digester Heat ExchangersP/S MBR Chemical Feed Systems - Citric Acid/HypoP/S Rotary Drum Thickener (RDT) EquipmentP/S RAS PumpsP/S Permeate Backwash Pumps P/S Permeate Tanks (Bolted Steel)
P/S Plant Water PumpsP/S Polymer Feed Pumps
P/S Chemical Feed Tanks
P/S WAS PumpsP/S Grit / Cyclone Unit
P/S Digester Hot Water Boiler
P/S Primary Clarifier EquipmentP/S Grit Pumps
R/A Permeate Tanks
City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

1997
Activity ID Activity Name Planned
Duration
Start Finish Total Float
C2B.2260 R/A Chemical Feed Tanks 10 17-Apr-26 01-May-26 259C2A.1680 R/A Digester Hot Water Boiler 10 20-Apr-26 01-May-26 223C2A.1520 R/A Digester Heat Exchangers 10 15-May-26 01-Jun-26 208C2A.1530 R/A MBR Chemical Feed Systems - Citric Acid/Hypo 20 15-May-26 15-Jun-26 169C2A.1550 R/A Rotary Drum Thickener Equipment 10 15-May-26 01-Jun-26 239C2B.2210 R/A RAS Pumps 10 15-May-26 01-Jun-26 209C2B.2220 R/A Permeate Backwash Pumps 10 15-May-26 01-Jun-26 186C2B.2240 R/A Plant Water Pumps 10 15-May-26 01-Jun-26 155C2B.2250 R/A Polymer Feed Pumps 10 15-May-26 01-Jun-26 179C2B.2270 R/A WAS Pumps 10 15-May-26 01-Jun-26 179C2A.1290 R/A Grit / Cyclone Unit 10 18-May-26 01-Jun-26 149C2A.1710 R/A Primary Clarifier Equipment 10 18-May-26 01-Jun-26 194C2A.1740 R/A Grit Pumps 10 18-May-26 01-Jun-26 209 Fabrication & Delivery 149 01-May-26 04-Dec-26 193
C2B.2180 F/D Chemical Feed Tanks 60 01-May-26 28-Jul-26 259C2B.2200 F/D Permeate Tanks 60 01-May-26 28-Jul-26 249C2A.1690 F/D Digester Hot Water Boiler 60 04-May-26 28-Jul-26 223C2A.1240 F/D Digester Heat Exchangers 60 01-Jun-26 25-Aug-26 208C2A.1360 F/D Rotary Drum Thickener Equipment 60 01-Jun-26 25-Aug-26 239C2B.2140 F/D Permeate Backwash Pumps 120 01-Jun-26 18-Nov-26 186C2B.2150 F/D RAS Pumps 120 01-Jun-26 18-Nov-26 209C2B.2160 F/D Plant Water Pumps 120 01-Jun-26 18-Nov-26 155C2B.2170 F/D Polymer Feed Pumps 120 01-Jun-26 18-Nov-26 179C2B.2190 F/D WAS Pumps 120 01-Jun-26 18-Nov-26 179C2A.1660 F/D Grit / Cyclone Unit 120 02-Jun-26 19-Nov-26 149C2A.1720 F/D Primary Clarifier Equipment 80 02-Jun-26 23-Sep-26 194C2A.1750 F/D Grit Pumps 60 02-Jun-26 25-Aug-26 209C2A.1280 F/D MBR Chemical Feed Systems - Citric Acid/Hypo 120 15-Jun-26 04-Dec-26 169 Civil Site Work 421 07-Jan-26 30-Aug-27 88
Misc Site Work 251 08-Sep-26 30-Aug-27 88
C2B.2370 Mass BF @ Aeration Basins (elev 2118-2120') 5 08-Sep-26 15-Sep-26 44C2B.2380 DEMO - Exst DSL btwn Digesters 2 & 3 3 07-Oct-26 12-Oct-26 315C2B.2390 Mass BF @ UV Basin (elev 2125') 5 05-Jan-27 11-Jan-27 114C2B.2400 Mass BF @ Fine Screen Structure (elev 2125') 5 24-Feb-27 03-Mar-27 54C2B.2410 Mass BF @ Membrane Tanks (elev 2125') 5 24-Mar-27 31-Mar-27 44C2B.2420 F/R/P Misc Site Concrete @ MBR Facilities 15 20-Jul-27 09-Aug-27 88C2B.2440 Patch AC Pave @ Existing Plant 5 10-Aug-27 16-Aug-27 88C2B.2430 Install New AC Paving @ MBR Facilities 10 17-Aug-27 30-Aug-27 88 Below Grade Pipe Installation 305 12-Mar-26 20-May-27 160 C2B.2450 D/L/B RES & PW 10 12-Mar-26 25-Mar-26 343C2B.2490 D/L/B DSL Piping for Digesters 10 02-Jul-26 17-Jul-26 292C2B.2500 D/L/B TSL from TSL Pmps to DIG 2 3 17-Jul-26 22-Jul-26 292C2B.2510 PLANT SHUTDOWN (Temp) & Tie-in - DIG 2 to TSL 1 22-Jul-26 23-Jul-26 292C2B.2520 SHUTDOWN (Temp) & Tie-in DSL Digesters 1-3 1 22-Jul-26 23-Jul-26 292 D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
R/A Chemical Feed TanksR/A Digester Hot Water Boiler
R/A Digester Heat Exchangers
R/A MBR Chemical Feed Systems - Citric Acid/Hypo
R/A Rotary Drum Thickener EquipmentR/A RAS PumpsR/A Permeate Backwash PumpsR/A Plant Water PumpsR/A Polymer Feed PumpsR/A WAS PumpsR/A Grit / Cyclone UnitR/A Primary Clarifier EquipmentR/A Grit Pumps F/D Chemical Feed TanksF/D Permeate TanksF/D Digester Hot Water Boiler F/D Digester Heat ExchangersF/D Rotary Drum Thickener Equipment F/D Permeate Backwash PumpsF/D RAS PumpsF/D Plant Water PumpsF/D Polymer Feed PumpsF/D WAS PumpsF/D Grit / Cyclone Unit F/D Primary Clarifier Equipment
F/D Grit Pumps
F/D MBR Chemical Feed Systems - Citric Acid/Hypo
Mass BF @ Aeration Basins (elev 2118-2120')
DEMO - Exst DSL btwn Digesters 2 & 3
Mass BF @ UV Basin (elev 2125')
Mass BF @ Fine Screen Structure (elev 2125')
Mass BF @ Membrane Tanks (elev 2125')
F/R/P Misc Site Concrete @ M
Patch AC Pave @ Existing Pl
Install New AC Paving @ M

D/L/B RES & PW
D/L/B DSL Piping for Digesters
D/L/B TSL from TSL Pmps to DIG 2
PLANT SHUTDOWN (Temp) & Tie-in - DIG 2 to TSLSHUTDOWN (Temp) & Tie-in DSL Digesters 1-3 City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

1998
Activity ID Activity Name Planned
Duration
Start Finish Total Float
C2B.2530 D/L/B TSL from RDT to TSL Pmps 2 04-Dec-26 08-Dec-26 181C2B.2540 PLANT SHUTDOWN (Temp) & Tie-in - RDT-D to TSL Pmps 1 08-Dec-26 09-Dec-26 196C2B.2550 D/L/B RDT-D to INF Splitter Box 15 08-Dec-26 30-Dec-26 181C2B.2560 PLANT SHUTDOWN (Temp) & Tie-in RDT-D to INF Split Box 1 30-Dec-26 31-Dec-26 181C2B.2570 D/L/B PERM/MBR EFF Piping from Tanks to UV 10 12-Jan-27 25-Jan-27 153C2B.2580 D/L/B Emergency Bypass - UV to Perc Ponds 15 26-Jan-27 15-Feb-27 153C2B.2590 SHUTDOWN (Temp) & Tie-in EMERG. BYPASS to PERC 1 16-Feb-27 16-Feb-27 153C2B.2460 D/L/B PE Piping - EQ Pmp Sta to Fine Screen 15 03-Mar-27 24-Mar-27 104C2B.2600 D/L/B Air Piping from Blower to AB's 20 03-Mar-27 31-Mar-27 117C2B.2610 D/L/B Air Piping from Blower to MBR Tanks 15 03-Mar-27 24-Mar-27 122C2B.2470 SHUTDOWN (TEMP) & Tie-in PE to EQ Pmp Sta 1 24-Mar-27 25-Mar-27 104C2B.2480 PLANT SHUTDOWN (TEMP) & Tie-in PE to TRIK Filter INF 1 25-Mar-27 26-Mar-27 104C2B.2620 D/L/B New Stormdrain & Catch Basins 15 31-Mar-27 21-Apr-27 151C2B.2630 D/L/B PERM Piping from Pumps to Tanks 10 31-Mar-27 14-Apr-27 81C2B.2640 D/L/B RAS Piping 10 14-Apr-27 28-Apr-27 81C2B.2650 Tie-in Storm Drain @ Existing Plant 1 21-Apr-27 22-Apr-27 180C2B.2660 D/L/B WAS Piping from Pmps to Digesters 15 28-Apr-27 19-May-27 81C2B.2670 PLANT SHUTDOWN (Temp) & Tie-in - RSL/WAS at DIG 3 1 19-May-27 20-May-27 81 Site Electrical 361 07-Jan-26 07-Jun-27 69
C2B.2680 D/L/B Elec Ductbank @ Existing Plant 20 07-Jan-26 04-Feb-26 409C2B.2690 PLANT SHUTDOWN (Temp) & Tie-in New Elec @ Exst Plant 1 04-Feb-26 05-Feb-26 409C2B.2700 D/L/B New Elec Ductbank @ MBR Facilities 60 12-Jan-27 05-Apr-27 114C2B.2710 ELEC - D/L/B Ductbank - New Power Feed (if needed) 20 12-Jan-27 08-Feb-27 133C2B.2720 ELEC - Install Additional 12kV Power Feed (if needed) 20 07-May-27 04-Jun-27 69C2B.2730 PLANT SHUTDOWN - Connect New Addtl Power Feed 1 04-Jun-27 07-Jun-27 69 Aeration Basins / Reactors 1-3 276 14-May-26 14-Jun-27 69 C2B.1390 Install/Relocate Deck Shoring 50 14-May-26 27-Jul-26 64C2B.1400 Concrete Cure - Deck Aeration Basins 15 27-Jul-26 17-Aug-26 44C2B.1410 Remove Deck Shoring 5 17-Aug-26 24-Aug-26 44C2B.1420 Water Test Structure - Aeration Basins 10 24-Aug-26 08-Sep-26 44C2B.1430 Install Piping & Mechanical Equipment 60 05-Mar-27 28-May-27 70C2B.1440 ELEC - Install EI&C 40 02-Apr-27 28-May-27 70C2B.1450 Painting & Coating 5 28-May-27 04-Jun-27 70C2B.1460 Mechanical Start-up & Testing - Aeration Basins 5 07-Jun-27 14-Jun-27 69 Membrane Facilities 215 15-Sep-26 26-Jul-27 48
Membrane Tanks 214 15-Sep-26 15-Jul-27 46
C2B.1740 Cut & Grade - Membrane Tanks 3 15-Sep-26 18-Sep-26 44C2B.1750 Install BG Utility Piping 5 18-Sep-26 25-Sep-26 44C2B.1760 ELEC - Install BG / In-slab Conduit 10 18-Sep-26 02-Oct-26 44C2B.1770 F/R/P - SOG, Walls, Decks - Membrane Tanks 100 25-Sep-26 17-Feb-27 44C2B.1780 Concrete Cure - Membrane Tanks 15 17-Feb-27 10-Mar-27 44C2B.1790 Water Test Structure - Membrane Tanks 10 10-Mar-27 24-Mar-27 44C2B.1800 Install PEMB Canopy - Membrane / Permeate Pumps 15 06-May-27 27-May-27 46C2B.1810 Install Piping & Mechanical Equipment 20 27-May-27 24-Jun-27 46 D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
D/L/B TSL from RDT to TSL Pmps
PLANT SHUTDOWN (Temp) & Tie-in - RDT-D to TSL Pmps
D/L/B RDT-D to INF Splitter Box
PLANT SHUTDOWN (Temp) & Tie-in RDT-D to INF Split Box
D/L/B PERM/MBR EFF Piping from Tanks to UV
D/L/B Emergency Bypass - UV to Perc Ponds
SHUTDOWN (Temp) & Tie-in EMERG. BYPASS to PE
D/L/B PE Piping - EQ Pmp Sta to Fine Screen
D/L/B Air Piping from Blower to AB's
D/L/B Air Piping from Blower to MBR Tanks
SHUTDOWN (TEMP) & Tie-in PE to EQ Pmp Sta
PLANT SHUTDOWN (TEMP) & Tie-in PE to TRIK
D/L/B New Stormdrain & Catch Basins
D/L/B PERM Piping from Pumps to Tanks
D/L/B RAS Piping
Tie-in Storm Drain @ Existing Plant
D/L/B WAS Piping from Pmps to Digesters
PLANT SHUTDOWN (Temp) & Tie-in - RS
D/L/B Elec Ductbank @ Existing PlantPLANT SHUTDOWN (Temp) & Tie-in New Elec @ Exst Plant D/L/B New Elec Ductbank @ MBR Facilities
ELEC - D/L/B Ductbank - New Power Feed (if needed)
ELEC - Install Additional 12kV Power Fe
PLANT SHUTDOWN - Connect New Ad
Install/Relocate Deck Shoring
Concrete Cure - Deck Aeration Basins
Remove Deck Shoring
Water Test Structure - Aeration Basins
Install Piping & Mechanical EquipmentELEC - Install EI&C Painting & Coating
Mechanical Start-up & Testing - Aeratio
Cut & Grade - Membrane Tanks
Install BG Utility Piping
ELEC - Install BG / In-slab Conduit
F/R/P - SOG, Walls, Decks - Membrane Tanks
Concrete Cure - Membrane Tanks
Water Test Structure - Membrane Tanks
Install PEMB Canopy - Membrane / Perm
Install Piping & Mechanical Equipmen
City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

1999
Activity ID Activity Name Planned
Duration
Start Finish Total Float
C2B.1820 ELEC - Install EI&C 20 10-Jun-27 08-Jul-27 46C2B.1830 Mechanical Start-up & Testing - Membrane Tanks 5 08-Jul-27 15-Jul-27 46 Permeate Pumps 54 31-Mar-27 15-Jun-27 68
C2B.1840 Cut & Grade - Permeate Pumps 1 31-Mar-27 01-Apr-27 46C2B.1850 Install BG Utility Piping 5 01-Apr-27 08-Apr-27 46C2B.1860 ELEC - BG / In-slab Conduit 10 01-Apr-27 15-Apr-27 46C2B.1870 F/R/P SOG - Permeate Pumps 5 15-Apr-27 22-Apr-27 46C2B.1880 Concrete Cure - Permeate Pmp SOG 10 22-Apr-27 06-May-27 46C2B.1890 Install Piping & Mechanical Equipment 10 06-May-27 20-May-27 68C2B.1900 ELEC - Install EI&C 5 25-May-27 01-Jun-27 68C2B.1920 Painting & Coating 5 01-Jun-27 08-Jun-27 68C2B.1910 Mechanical Start-up & Testing - Permeate Pumps 5 08-Jun-27 15-Jun-27 68 Permeate Tanks 81 31-Mar-27 26-Jul-27 48
C2B.1930 Cut & Grade - Permeate Storage Tanks 3 31-Mar-27 05-Apr-27 44C2B.1940 Install BG Utility Piping 2 05-Apr-27 07-Apr-27 44C2B.1950 ELEC - Install BG / In-slab Conduit 3 07-Apr-27 12-Apr-27 44C2B.1960 F/R/P - SOG - Permeate Tank #1 5 12-Apr-27 19-Apr-27 44C2B.1970 Concrete Cure - Permeate Tank #1 20 19-Apr-27 17-May-27 44C2B.1980 F/R/P - SOG - Permeate Tank #2 5 19-Apr-27 26-Apr-27 49C2B.1990 Concrete Cure - Permeate Tank #2 20 26-Apr-27 24-May-27 49C2B.2000 Install Bolted Steel Tank - Permeate Tank #1 10 17-May-27 31-May-27 44C2B.2010 Water Test Tank - Permeate Tank #1 10 31-May-27 14-Jun-27 49C2B.2020 Install Bolted Steel Tank - Permeate Tank #2 10 31-May-27 14-Jun-27 44C2B.2030 Install Piping & Mechanical Equipment - Permeate Tank #1 5 14-Jun-27 21-Jun-27 49C2B.2040 Water Test Tank - Permeate Tank #2 10 14-Jun-27 28-Jun-27 44C2B.2050 ELEC - Install EI&C - Permeate Tank #1 5 21-Jun-27 28-Jun-27 49C2B.2060 Install Piping & Mechanical - Permeate Tank #2 5 28-Jun-27 05-Jul-27 44C2B.2090 Painting & Coating - Permeate Tank #1 10 28-Jun-27 12-Jul-27 49C2B.2070 ELEC - Install EI&C - Permeate Tank #2 5 05-Jul-27 12-Jul-27 44C2B.2080 Mechanical Start-up & Testing - Permeate Tank #1 5 12-Jul-27 19-Jul-27 44C2B.2100 Painting & Coating - Permeate Tank #2 10 12-Jul-27 26-Jul-27 49C2B.2870 Mechancial Start-up & Testing - Permeate Tank #2 5 20-Jul-27 26-Jul-27 48 MBR Chemical Facilities 0 0
UV Dinsinfection Facility 334 20-Feb-26 11-Jun-27 70
C2B.2740 Cut & Grade - UV 5 20-Feb-26 27-Feb-26 122C2B.2750 Install BG Utility Piping 15 12-Mar-26 01-Apr-26 114C2B.2760 ELEC - Install BG / In-slab Piping 15 19-Mar-26 08-Apr-26 114C2B.2770 F/R/P - SOG, Walls, Deckss - UV 160 02-Apr-26 16-Nov-26 114C2B.2780 Install/Relocate Deck Shoring 20 20-Oct-26 16-Nov-26 114C2B.2790 Concrete Cure - SOG, Walls, Decks - UV 20 17-Nov-26 16-Dec-26 114C2B.2800 Remove Deck Shoring 2 17-Dec-26 18-Dec-26 114C2B.2810 Water Test Structure - UV 10 21-Dec-26 04-Jan-27 114C2B.2820 Install Piping & Mechanical Equipment 30 05-Jan-27 15-Feb-27 125C2B.2830 ELEC - Install EI&C 40 19-Jan-27 15-Mar-27 125 D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
ELEC - Install EI&C
Mechanical Start-up & Testing - Me
Cut & Grade - Permeate Pumps
Install BG Utility Piping
ELEC - BG / In-slab Conduit
F/R/P SOG - Permeate Pumps
Concrete Cure - Permeate Pmp SOG
Install Piping & Mechanical Equipment
ELEC - Install EI&C
Painting & Coating
Mechanical Start-up & Testing - Perme
Cut & Grade - Permeate Storage Tanks
Install BG Utility Piping
ELEC - Install BG / In-slab Conduit
F/R/P - SOG - Permeate Tank #1
Concrete Cure - Permeate Tank #1
F/R/P - SOG - Permeate Tank #2
Concrete Cure - Permeate Tank #2
Install Bolted Steel Tank - Permeate Tank
Water Test Tank - Permeate Tank #1Install Bolted Steel Tank - Permeate Ta Install Piping & Mechanical Equipment
Water Test Tank - Permeate Tank #2ELEC - Install EI&C - Permeate Tank Install Piping & Mechanical - Permea
Painting & Coating - Permeate TanELEC - Install EI&C - Permeate Ta Mechanical Start-up & Testing - P
Painting & Coating - Permeate TaMechancial Start-up & Testing - P Cut & Grade - UV
Install BG Utility Piping
ELEC - Install BG / In-slab Piping
F/R/P - SOG, Walls, Deckss - UVInstall/Relocate Deck Shoring Concrete Cure - SOG, Walls, Decks - UV
Remove Deck Shoring
Water Test Structure - UV
Install Piping & Mechanical Equipment
ELEC - Install EI&C
City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

2000
Activity ID Activity Name Planned
Duration
Start Finish Total Float
C2B.2840 Painting & Coating 5 16-Mar-27 22-Mar-27 125C2B.2850 Mechanical Start-up & Testing - UV 4 07-Jun-27 11-Jun-27 70 Process Bldg (Blower, Elec, Lab/Officel) 354 27-Feb-26 16-Jul-27 45 C2B.1580 Cut & Grade - Process Bldg 3 27-Feb-26 04-Mar-26 236C2B.1590 Install BG Utility Piping 10 12-Mar-26 25-Mar-26 231C2B.1600 ELEC - Install BG / In-Slab Conduit 15 19-Mar-26 08-Apr-26 231C2B.1610 F/R/P - SOG - Process Bldg 15 02-Apr-26 22-Apr-26 231C2B.1620 Concrete Cure - Process Bldg SOG 20 23-Apr-26 20-May-26 231C2B.1630 F/R/P Equipment Pads - RO/Blowers/Elec Gear 10 30-Apr-26 13-May-26 236C2B.1640 Concrete Cure - Equipment Pads 20 14-May-26 11-Jun-26 236C2B.1650 Install PEMB - Process Bldg 20 20-Jul-26 17-Aug-26 190C2B.1660 Install Building Trades - Various 60 17-Aug-26 10-Nov-26 190C2B.1670 ELEC - Building Rough-in 20 15-Sep-26 13-Oct-26 215C2B.1680 ELEC - Building Finish Electrical 20 10-Nov-26 10-Dec-26 195C2B.1690 Install Piping & Mechanical Equipment - (Blowers, etc.) 20 30-Apr-27 28-May-27 70C2B.1700 ELEC - Set Electrical Gear - Elec Rm 5 30-Apr-27 07-May-27 45C2B.1710 ELEC - Install EI&C (Blowers, etc.) 40 07-May-27 02-Jul-27 45C2B.1720 Painting & Coating - Piping 5 02-Jul-27 09-Jul-27 45C2B.1730 Mechanical Start-up & Testing - Blowers 5 09-Jul-27 16-Jul-27 45 Chemical Storage Areas 280 12-Jun-26 15-Jul-27 46
C2B.1480 Cut & Grade - Chem Tanks 3 12-Jun-26 16-Jun-26 238C2B.1490 Install BG Utility Piping 5 17-Jun-26 23-Jun-26 238C2B.1500 ELEC - Install BG / In-slab Conduit 10 24-Jun-26 08-Jul-26 238C2B.1510 F/R/P - SOG, Walls, Decks - Chem Tanks 10 01-Jul-26 15-Jul-26 238C2B.1520 Concrete Cure - SOG Chem Tanks 20 16-Jul-26 12-Aug-26 238C2B.1530 Install PEMB Canopy - Chem Tanks 10 13-Aug-26 26-Aug-26 238C2B.1540 Install Piping & Mechanical Equipment 20 04-Dec-26 04-Jan-27 169C2B.1550 ELEC - Install EI&C 20 18-Dec-26 18-Jan-27 169C2B.1560 D/L/B Chem Piping 10 31-Mar-27 14-Apr-27 107C2B.1570 Mechanical Start-up & Testing - Chem Tanks 5 08-Jul-27 15-Jul-27 46 Fine Screen Facility / RAS Mixing 206 15-Sep-26 05-Jul-27 54 Fine Screen Facility 206 15-Sep-26 05-Jul-27 54
C2B.1170 Cut & Grade - Fine Screen 3 15-Sep-26 18-Sep-26 54C2B.1180 Install BG Utility Piping 5 18-Sep-26 25-Sep-26 54C2B.1190 ELEC - Install BG / In-slab Conduit 10 25-Sep-26 09-Oct-26 54C2B.1200 F/R/P - SOG, Walls, Deck - Fine Screen Structure 60 09-Oct-26 06-Jan-27 54C2B.1210 Install Deck Shoring 5 22-Dec-26 30-Dec-26 79C2B.1220 Concrete Cure - Deck Fine Screen Structure 20 06-Jan-27 03-Feb-27 54C2B.1230 Remove Deck Shoring 5 03-Feb-27 10-Feb-27 54C2B.1240 Water Test Structure 10 10-Feb-27 24-Feb-27 54C2B.1250 Install Piping & Mechanical Equipment 20 03-Mar-27 31-Mar-27 107C2B.1260 D/L/B PE from EQ Basin Pmp Sta 10 03-Mar-27 17-Mar-27 126C2B.1270 Shutdown - Tie-in PE from EQ Pmp Sta PE to Fine Screens 1 17-Mar-27 18-Mar-27 126C2B.1280 ELEC - Install EI&C 10 31-Mar-27 14-Apr-27 107 D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
Painting & Coating
Mechanical Start-up & Testing - UV
Cut & Grade - Process Bldg
Install BG Utility Piping
ELEC - Install BG / In-Slab Conduit
F/R/P - SOG - Process Bldg
Concrete Cure - Process Bldg SOG
F/R/P Equipment Pads - RO/Blowers/Elec Gear
Concrete Cure - Equipment Pads
Install PEMB - Process Bldg
Install Building Trades - Various
ELEC - Building Rough-in
ELEC - Building Finish Electrical
Install Piping & Mechanical Equipment - (B
ELEC - Set Electrical Gear - Elec Rm
ELEC - Install EI&C (Blowers, etc.)
Painting & Coating - Piping
Mechanical Start-up & Testing - Blo
Cut & Grade - Chem Tanks
Install BG Utility Piping
ELEC - Install BG / In-slab Conduit
F/R/P - SOG, Walls, Decks - Chem Tanks
Concrete Cure - SOG Chem Tanks
Install PEMB Canopy - Chem Tanks
Install Piping & Mechanical Equipment
ELEC - Install EI&C
D/L/B Chem Piping
Mechanical Start-up & Testing - Ch
Cut & Grade - Fine Screen
Install BG Utility Piping
ELEC - Install BG / In-slab Conduit
F/R/P - SOG, Walls, Deck - Fine Screen Structure
Install Deck Shoring
Concrete Cure - Deck Fine Screen Structure
Remove Deck Shoring
Water Test Structure
Install Piping & Mechanical Equipment
D/L/B PE from EQ Basin Pmp Sta
Shutdown - Tie-in PE from EQ Pmp Sta PE to Fine
ELEC - Install EI&C
City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

2001
Activity ID Activity Name Planned
Duration
Start Finish Total Float
C2B.1290 Mechanical Start-up & Testing - Fine Screens Struct 5 28-Jun-27 05-Jul-27 54 RAS / Flow Mix Structure 88 03-Mar-27 05-Jul-27 54
C2B.1300 Cut & Grade - RAS 1 03-Mar-27 04-Mar-27 54C2B.1310 Install BG Utility Piping 2 04-Mar-27 08-Mar-27 54C2B.1320 ELEC - Install BG / In-slab Conduit 2 08-Mar-27 10-Mar-27 54C2B.1330 F/R/P - SOG, Walls, Deck - RAS 40 10-Mar-27 05-May-27 54C2B.1340 Concrete Cure - RAS 20 05-May-27 02-Jun-27 54C2B.1350 Water Test Structure 10 02-Jun-27 16-Jun-27 54C2B.1360 Install Piping & Mechanical Equipment 5 16-Jun-27 23-Jun-27 54C2B.1370 ELEC - Install EI&C 3 23-Jun-27 28-Jun-27 54C2B.1380 Mechanical Start-up & Testing - RAS 5 28-Jun-27 05-Jul-27 54 Modifcations with Existing Plant Facilities 389 07-Jan-26 15-Jul-27 46 Rotary Drum Thickeners (RDTs) 338 20-Mar-26 15-Jul-27 46 C2B.1080 Cut & Grade - RDTs 2 20-Mar-26 24-Mar-26 245C2B.1090 Install BG Utility Piping 2 24-Mar-26 26-Mar-26 245C2B.1100 ELEC - Install BG / In-slab Conduit 2 26-Mar-26 30-Mar-26 245C2B.1110 F/R/P - SOG - RDTs 10 02-Apr-26 16-Apr-26 245C2B.1120 Concrete Cure - RDTs 20 16-Apr-26 14-May-26 245C2B.1130 Install PEMB Canopy - RDTs 10 14-May-26 29-May-26 300C2B.1140 Install Piping & Mechanical Equipment 10 18-Nov-26 04-Dec-26 179C2B.1150 ELEC - Install EI&C 10 18-Dec-26 04-Jan-27 179C2B.1160 Mechanical Start-up & Testing - RDTs 5 08-Jul-27 15-Jul-27 46 Digester 110 04-May-26 07-Oct-26 244
C2B.10009 Shutdown (TEMP ) Digester 1 04-May-26 04-May-26 253C2B.10119 Digester Coating Replacement 30 04-May-26* 15-Jun-26 253C2B.1000 Cut & Grade - Heat Ex 2 14-May-26 18-May-26 245C2B.1010 Install BG Utility Piping 2 18-May-26 20-May-26 245C2B.1020 ELEC - Install BG / In-slab Conduit 2 20-May-26 22-May-26 245C2B.1030 F/R/P - SOG - Heat Ex 5 28-May-26 04-Jun-26 245C2B.1040 Concrete Cure - SOG Heat Ex 20 04-Jun-26 02-Jul-26 245C2B.1050 Install Piping & Mechanical Equipment 5 25-Aug-26 01-Sep-26 208C2B.1060 ELEC - Install EI&C 5 23-Sep-26 30-Sep-26 244C2B.1070 Mechanical Start-up & Testing - Digester 5 30-Sep-26 07-Oct-26 244 Grit Facilities 282 07-Jan-26 16-Feb-27 153
C2B.10089 Install Bypass / Temp Facilities (Temp) - if necessary 2 07-Jan-26 09-Jan-26 329C2B.10129 Shutdown (TEMP ) Grit Pumps & Grit Chamber/OF storage 1 07-Jan-26 08-Jan-26 329C2B.10019 Demo Existing Equipment & Piping 5 08-Jan-26 15-Jan-26 329C2B.10099 Modify Utility Piping 5 15-Jan-26 22-Jan-26 329C2B.10029 ELEC - Modify Exist Conduit 5 22-Jan-26 29-Jan-26 329C2B.10039 F/R/P - Modify / Install New Conc SOG/Pads 10 29-Jan-26 12-Feb-26 329C2B.10049 Concrete Cure - Grit, etc. 20 12-Feb-26 13-Mar-26 329C2B.10059 Modify Piping & Install New Mechanical Equipment 10 19-Nov-26 07-Dec-26 153C2B.10069 ELEC - Install EI&C 5 21-Dec-26 29-Dec-26 153C2B.10109 Painting & Coating 20 29-Dec-26 26-Jan-27 153 D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
Mechanical Start-up & Testing - Fine
Cut & Grade - RAS
Install BG Utility Piping
ELEC - Install BG / In-slab Conduit
F/R/P - SOG, Walls, Deck - RAS
Concrete Cure - RAS
Water Test Structure
Install Piping & Mechanical Equipment
ELEC - Install EI&C
Mechanical Start-up & Testing - RAS
Cut & Grade - RDTs
Install BG Utility Piping
ELEC - Install BG / In-slab Conduit
F/R/P - SOG - RDTs
Concrete Cure - RDTs
Install PEMB Canopy - RDTs
Install Piping & Mechanical Equipment
ELEC - Install EI&C
Mechanical Start-up & Testing - RD
Shutdown (TEMP ) Digester
Digester Coating Replacement
Cut & Grade - Heat Ex
Install BG Utility Piping
ELEC - Install BG / In-slab Conduit
F/R/P - SOG - Heat Ex
Concrete Cure - SOG Heat Ex
Install Piping & Mechanical Equipment
ELEC - Install EI&C
Mechanical Start-up & Testing - Digester
Install Bypass / Temp Facilities (Temp) - if necessary
Shutdown (TEMP ) Grit Pumps & Grit Chamber/OF storage
Demo Existing Equipment & Piping
Modify Utility Piping
ELEC - Modify Exist Conduit
F/R/P - Modify / Install New Conc SOG/Pads
Concrete Cure - Grit, etc.

Modify Piping & Install New Mechanical Equipment
ELEC - Install EI&C
Painting & Coating
City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

2002
Activity ID Activity Name Planned
Duration
Start Finish Total Float
C2B.10079 Mechanical Start-up & Testing - Misc 15 26-Jan-27 16-Feb-27 153 East Primary Clarifier 70 01-Sep-26 11-Dec-26 199
C2B.10149 Shutdown (TEMP ) - East Primary Clarifier 1 01-Sep-26 02-Sep-26 208C2B.10159 Demo Existing Equipment 5 02-Sep-26 10-Sep-26 208C2B.10209 Modify Piping & Install New Mechanical Equipment 20 23-Sep-26 21-Oct-26 199C2B.10219 ELEC - Install EI&C 10 21-Oct-26 04-Nov-26 199C2B.10229 Painting & Coating 20 04-Nov-26 04-Dec-26 199C2B.10239 Mechanical Start-up & Testing - Misc 5 04-Dec-26 11-Dec-26 199 Commissioning 70 20-Jul-27 26-Oct-27 43
C2B.1470 Functional Testing (30 cal Days) 20 20-Jul-27 16-Aug-27 43C2B.2880 Wastewater Start-up (30 cal Days) 20 17-Aug-27 14-Sep-27 43C2B.9999 Plant Commissiong & Acceptance 30 cal Days) 20 15-Sep-27 12-Oct-27 43C2B.2860 Acceptance Testing Report 10 13-Oct-27 26-Oct-27 43 Project Close-out 49 17-Aug-27 25-Oct-27 44
C2B.2120 Submit As-builts 10 17-Aug-27 30-Aug-27 83C2B.2110 Punchlist 40 30-Aug-27 25-Oct-27 48C2B.2130 Demobilization 10 12-Oct-27 25-Oct-27 44 D Jan F M Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D Jan F Mar Apr M Jun Jul A S Oct N D 2025 2026 2027
Mechanical Start-up & Testing - Misc
Shutdown (TEMP ) - East Primary Clarifier
Demo Existing Equipment
Modify Piping & Install New Mechanical Equipment
ELEC - Install EI&C
Painting & Coating
Mechanical Start-up & Testing - Misc
Functional Testing (30 cal Day
Wastewater Start-up (30
Plant Commissiong &
Acceptance Testing
Submit As-builts
PunchlistDemobilization
City of Banning - Wastewater Treatment Plant Recycled Water Project APPENDIX A - Proposed Phase 1 Design & Phase 2 Construction Schedule 09-Oct-24 Actual Level of EffortActual Work
Remaining WorkCritical Remaining Work
Milestone TASK filter: All Activities

2003
B

APPENDIX
Resumes
2004
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 1 City of Banning Appendix B | Resumes/Bios and Staff Availability Firm
W. M. Lyles. Co
Education/Academic Qualifications
BBS, Construction Management
California State University Fresno,
2001
Professional Registrations
Contractor’s License – Class A
General Engineering – State of
Hawaii
Community Involvement
ACE Mentoring Program of Central
California
Tenure with AECOM: 22
Total Years in Industry: 22
Why Joe?
9 Extensive background in
advanced water purification
systems and recycled water
projects, such as the ECAWP
9 Advanced understanding of
various delivery methods,
including PDB and DBB
9 Deep technical expertise,
particularly in SCADA
upgrades, biological
treatment, tertiary filtration,
and disinfection processes
Joe Lawrence
Project Manager
Owner/Client References
j East County Advanced Water Purification (ECAWP) Packages 1 and 3, Progressive Design-Build, Santee, CA
Client: ECAWP/Padre Dam Municipal Water District
Alfred Pedroza, PE
AWP Engineer (Owner’s Project Manager)
T: 619.540.9313 | E: [email protected]
Role: Pre-Construction and cost controls/budgeting.

To reduce the East County Water District’s reliance on water from outside sources, the East County Advanced Purification Project (ECAWP) will treat East County’s wastewater locally for potable reuse. Joe managed preconstruction, cost control and budgeting for Package 1, which involves design and construction of a water recycling facility, advanced water purification facility, visitor center, product water pump station, solids handling facility, and system integration across Packages 1-4 of the ECAWP. k Stockton Regional Wastewater Control Facility, Progressive Design-Build Modifications, Stockton, CA
Client: City of Stockton
Art O’Brien
T: 209.937.8787 | E: [email protected]
Role: Construction Manager.

Joe was the primary lead for this progressive design-build project that involved the construction of new influent pumping, screening, and grit removal systems; new secondary biological treatment systems; new tertiary filtration and disinfection systems; and new solids handling facilities to replace an existing oxidation pond and overland flow treatment system. Major process equipment included large vertical turbine solids handling pumps, perforated fine screens, conical tray grit removal systems, primary and secondary clarifier mechanisms, aeration blowers and diffusers, submersible mixers, tertiary disc filters, UV disinfection system, sludge centrifuge, and associated electrical, control, and SCADA upgrades.

Joe is a Senior Vice President at W. M. Lyles and Collaborative Delivery Manager with over 22 years of experience in managing and delivering large-scale water and wastewater treatment projects. He has a proven track record in pre-construction planning, cost controls, and project execution. He has extensive experience with progressive design-build and design-bid-build delivery methods, overseeing advanced water purification, wastewater treatment plant expansions, and SCADA upgrades. Joe is committed to delivering high-quality infrastructure while leading teams and managing complex project requirements. 2005
Joe Lawrence
Project Manager
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 2 City of Banning Appendix B | Resumes/Bios and Staff Availability Wastewater Treatment Plant Upgrade & Expansion,
Design Bid Build, Linda County Water District,
Marysville CA. Executive Sponsor for construction
of a new 5 MGD wastewater treatment plant on a 27
acre site adjacent to an existing treatment plant. New
facilities include a headworks, two primary clarifiers, four activated sludge basins, two secondary clarifiers, filter pump station, six effluent filters, sludge thickening system, sludge drying beds, sludge lagoons, site grading, and associated piping, electrical, and instrumentation
systems. Upgrades to the existing plant include the
demolition of existing facilities and modifications to the existing effluent pump station.

WWTP Tertiary Filtration, UV Disinfection and
Biosolids Improvements, City of Galt, CA. Project
Manager for expansion of 3 MGD wastewater treatment
system to 6 MGD, including tertiary filtration and
ultraviolet disinfection capabilities, biosolids dewatering facility, biosolids storage and transfer facilities, operations and electrical building, pump stations, backup power
generation, and additional infrastructure. Expedited
delivery: 12 month contract time. American Public
Works Association (APWA) Project of the Year 2010.
5 MGD WWTP Expansion and Upgrade, Design Bid
Build, City of Reedley, CA. Project Manager/Estimator
for expansion and upgrade to 5 MGD, including influent
pump station, headworks, anoxic basin recycle pump
station, oxidation ditch, RAS pump station, sludge
storage facility, effluent pump station, and secondary
clarifiers. Construction also included structural concrete, equipment delivery and installation, underground utilities, above-ground piping, and total project administration.

Copper River Wastewater Reclamation, DesignBuild, Copper River Development Co. Project Manager/ Estimator for 0.75 MGD wastewater reclamation facility, including SBR structure, chlorine contact structure,
effluent distribution structure and pump station, metal buildings, administration/laboratory building, associated equipment, and process piping.

Fresno County Juvenile Justice Facility Wastewater
Treatment Plant, Fresno County, CA. Project Engineer/
Estimator for 0.12 MGD wastewater treatment plant to
service the new Fresno County Juvenile Facility, including new concrete structures, lined storage ponds, yard piping (26’ deep), associated equipment, and process piping.
l Davis - WWTP Secondary and Tertiary
Improvements, Design-Build, Davis, CA
Client: City of Davis
Michael Lindquist
T: 530.747.8287 | E: [email protected]
Role: Role: Construction Manager.

Design-Build construction of new secondary biological
treatment systems, new tertiary filtration and disinfection systems, and new solids handling facilities to replace an existing oxidation pond and overland flow treatment
system. The secondary treatment processes consist of
four new extended aeration basins and four new 85’
diameter secondary clarifiers. Tertiary filtration and
disinfection facilities consist of four new 6 MGD disc filters, two new chlorine contact tanks, and a new sodium
hypochlorite and sodium bisulfite storage and pumping
facility. Sludge handling facilities consist of two new rotary drum thickeners, two new screw presses, chemical storage facilities, and a 48,000 SF sludge storage facility.

Also included were a new cogeneration plant, a new
emergency power generator, and numerous other
electrical, control, and SCADA upgrades.

Additional Experience
Graham Hill Water Treatment Plant Upgrades,
Progressive Design-Build, Santa Cruz, CA. PreConstruction Manager. The WTP was built in 1960s and had not been significantly upgraded since the 1980s. The City recognized that in order to secure their water future, significant upgrades to the WTP had to be undertaken.

Joe is the vital link between the design, project owner, and construction teams, ensuring that the project is
well-planned, cost-effective, and set up for successful execution once construction begins. The project scope
includes: high-rate clarification through the use of
space-efficient plate settlers, ozone system, granular
activated carbon (GAC), reclaimed water clarifiers,
provisions for future UV disinfection, and new chemical feed systems; new administration and maintenance
buildings, and new ozone building; upgraded operations
building and upgraded filter gallery building; electrical upgrades; demolition of some existing buildings and
site improvements including landscaping and vehicular
access improvements. Construction is anticipated
to begin in late 2024, and substantial completion is
expected by Spring 2028.
2006
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 3 City of Banning Appendix B | Resumes/Bios and Staff Availability Firm
AECOM
Education/Academic Qualifications
PhD, Environmental Engineering,
Stanford University, 2001
MS, Environmental Engineering,
Stanford University, 1995
BS, Mechanical Engineering,
University of Chile, 1990
Professional Registrations
Professional Engineer, Civil, CA
#68471
Tenure with AECOM: 8
Total Years in Industry: 25
Why Gabriel?
9 Will lead our multi-discipline
design team through lessons
learned from collaboration on
recent and current designbuild projects with AECOM/
Lyles JV – East County AWP,
Davis, Stockton, Rialto plus
many other design-build utility
projects in California
9 Extensive experience
managing the design of MBR
and RO facilities
Gabriel Perigault, PHD, PE
Engineering Manager
Owner/Client References
j Stockton Regional Wastewater Control Facility Progressive Design-Build Modifications, Stockton, CA
Client: City of Stockton
Art O’Brien, Project Manager
T: 916-790-0218 | E: [email protected]
Role: As Design Manager, led the design of multiple improvements to treat 40 mgd (average dry weather flow, 105 mgd peak) and meet more stringent nitrogen limits, reduce effluent salinity, and improve overall energy efficiency and operational reliability using a progressive designbuild delivery approach.

Design is complete and construction is due to be complete in 2024.

Improvements include: new influent pumping station and headworks; replacing the existing biotowers, facultative ponds and wetlands with new activated sludge secondary treatment process with nitrogen removal; replacing the existing nitrifying biotowers, DAF thickeners, gravity filters, and chlorine contact canal with new tertiary disk filters and UV disinfection; providing new dewatering facilities using centrifuge technology; new buildings for administration, engineering, laboratory, safety, operations and maintenance functions; and optimizing overall plant hydraulics to reduce the multiple pumping steps (currently 7) across the plant to only two pumping steps and rely on gravity flow for most conveyance through the treatment train.
k East County Advanced Water Purification (ECAWP) Packages 1 and 3 Progressive Design-Build, Santee, CA
Client: ECAWP/Padre Dam Municipal Water District
Alfred Pedroza, PE
AWP Engineer (Owner’s Project Manager)
T: 619.540.9313 | E: [email protected]
Role: As Design Manager for Package 3 and Engineering Advisor for Package 1, Gabe has been involved throughout the project.

Gabriel brings experience on more than 25 water/wastewater treatment plants, including process selection, piloting, detailed design, construction, start-up and commissioning, and performance validation and optimization. He will lead the design, working closely with our Project Manager Joe Lawrence and Process Technical Lead Alex Franchi and specialty design disciplines similar to our other PDB projects in California. Gabriel has a project first and client centric mindset. He is an organized, responsive and committed multi-discipline design manager with extensive experience overseeing complex water and wastewater projects.

He is an excellent communicator and is fluent in all the major disciplines with special focus on process mechanical and instrumentation.
2007
Gabriel Perigault, PHD, PE
Engineering Manager
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 4 City of Banning Appendix B | Resumes/Bios and Staff Availability Additional Experience
Wastewater Treatment Plant Progressive DesignBuild Improvements, City of Rialto, CA. Design Manager. Led the production of the Basis of Design
Report, including 50 percent design drawings, and GMP
for expanded headworks and secondary treatment
facilities, new disk filters and UV system, as well as
several retrofits to the existing thickening and solids handling facilities to provide treatment capacity for 12 mgd average annual flow. This was the first phase of the progressive design-build delivery approach selected to
procure this project. Cost $26M. (2020)
Wastewater Treatment Plant Secondary and Tertiary
Improvement Design-Build, City of Davis, CA.

Served as the Engineer-of-Record for the performance
acceptance report, which included the following process:
modified Ludzack-Ettinger Nitrogen Removal Process,
tertiary filtration with disk filters, chlorine disinfection, WAS thickening with rotatory drum thickeners, sludge
dewatering with screw presses, and miscellaneous
pumping, storage and conveyance facilities within the
existing WWTP. Cost: $72M. (2018)
Montevina Water Treatment Plant Progressive
Design-Build, Los Gatos, San Jose Water Company,
CA. As Design Lead, coordinated design activities at
project’s design center and served as process and
mechanical designer for solids handling facilities. Project included upgrading 43-year-old plant to convert the
existing 30 mgd direct filtration process to a 30 mgd
membrane filtration process. This plant is the primary
supplier of drinking water for the Town of Los Gatos and surrounding west Silicon Valley communities. Specific
duties for this progressive design-build project included coordination of design duties for the overall design
effort and detail design of thickening and dewatering
facilities and associated ancillary facilities (miscellaneous pumping and polymer storage and feed systems).

Thickening and dewatering included two gravity
thickeners and two screw presses, respectively. Cost:
$58M (2015)
Sun City Tehama Water Reclamation Facility – Pulte
Homes, Tehama, CA. Prepared a facility plan, a Title 22 engineering report, and regulatory compliance studies
and reports to secure Waste Discharge Requirements
to permit effluent disposal for agricultural irrigation for a new community in Tehama County. Conducted 30
percent design for a package MBR treatment plant
and chlorine disinfection system as well as aerated solids stabilization pond. $300,000 (2006)
The AECOM/Lyles JV is providing PDB services for the
heart of the program, which includes the design and
construction of a water reclamation facility and an
advanced water purification facility (Package 1), and
conveyance infrastructure (Package 3).
• Package 1 involves the design and construction of a
16-mgd WRF, 13.5-mgd wastewater and advanced
water purification facility, visitor center, product water pump station, and solids handling facility. Gabe is
working closely with the treatment systems design
team in a technical advisory role.
• Package 3 includes the rehabilitation and upgrading
of the Influent Pump Station and the East Mission Gorge Pump Station (new pumps, odor control systems, ferric
feed system, several metering and flow control vaults,
backup power), new WRF force main (14,000 ft open
cut, 3,500 ft horizontal directional drilling), and new residuals bypass system (pumping station and
conveyance system). Gabe served as the overall design
manager as well as the AECOM project manager for
the entire package.
l Santa Cruz WTP Progressive Design-Build, Santa
Cruz CA
Client: City of Santa Cruz
Matt Zeman, Engineering Associate
T: 629.540.9313 | E: [email protected]
Role: Design Manager.

The AECOM/Lyles JV is providing PDB services for $100M+ upgrade to the Graham Hill WTP. The WTP was built in
1960s and had not been significantly upgraded since
the 1980s. The City recognized that in order to secure
their water future, significant upgrades to the WTP had to be undertaken. Joe is the vital link between the design, project owner, and construction teams, ensuring that
the project is well-planned, cost-effective, and set up for successful execution once construction begins. The
project scope includes: high-rate clarification through the use of space-efficient plate settlers, ozone system, granular activated carbon (GAC), reclaimed water
clarifiers, provisions for future UV disinfection, and new chemical feed systems; new administration and
maintenance buildings, and new ozone building;
upgraded operations building and upgraded filter
gallery building; electrical upgrades; demolition of some existing buildings and site improvements including
landscaping and vehicular access improvements.
2008
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 5 City of Banning Appendix B | Resumes/Bios and Staff Availability Firm
AECOM
Education/Academic Qualifications
PhD, Environmental Engineering,
Johns Hopkins University, 2000
MS, Environmental Engineering,
Johns Hopkins University, 1995
BS, Civil/Chemical Engineering,
University of Maryland - College
Park, 1992
Professional Registrations
Professional Engineer, Civil, CA
#75225
Tenure with AECOM: 6
Total Years in Industry: 30
Why Alex?
9 MBR and RO design
9 Led successful designs of Title
22 projects across California
9 Lead designer for large
(>$150M) progressive designbuild projects
9 Wastewater, drinking water
and water reuse facilities
process design
Alessandro (Alex) Franchi, PHD, PE
Process Technical Lead
Owner/Client References
j Silicon Valley Clean Water, RESCU Front of Plant Progressive Design-Build Project, Redwood, CA
Client: Silicon Valley Clean Water
Teresa Herrera, P.E. – Manager
T: 650.591.7121 | E: [email protected]
Role: As Design Lead, Alex completed design to construction package level.

Progressive design-build project involving the design and construction of a new 80-mgd front of the plant facilities, including deep-lift pump station (90 feet), new headworks with screenings, grit removal, solids loadout, chemicals storage, electrical room, and connection pipeline to existing plant. k East County Advanced Water Purification Program (ECAWP) Package 1 Progressive Design-Build, Santee, CA
Client: ECAWP JPA/Padre Dam Municipal Water District
Seval Sen, PE - AWP Engineering Manager
T: 619.258.4631 | E: [email protected]
Role: Lead Process Engineer for 11.5 advanced treatment facility including MF, RO and UV/AOP.

This progressive design-build project is one of the first in the country for the augmentation of a surface water supply with treated wastewater for potable reuse. Components of Package 1 include: a 16-mgd Water Recycling Facility, an 11.5-mgd Advanced Water Purification Facility including MF, RO and UV/AOP, a solids handling facility, a product water pump station and a new visitor’s center.
l PFAS treatment System at Well OPA-1
Client: Orange County Water District
Ryan Bouley, Principal Engineer
(714) 378-8207 Email: [email protected]
Role: Project Manager and Lead Process Engineer for OPA-1 PFAS removal system.

Alex’s technical experience encompasses conventional and advanced processes in wastewater, water reuse and potable treatment including oxidation, chemical and ultraviolet disinfection (UV), membrane technologies, advanced oxidation, activated sludge, membrane biological reactors, media filtration, coagulation, headworks, and pump stations. Alex will lead the process design team in preparing deliverables and recommending technology solutions.

His most recent MBR design was for the Inland Empire Utilities Agency Regional Plant 5, where he developed the layout, preliminary design, and final design of the fine screens facilities. Alex was intimately involved with the design of two additional MBR in Southern California. Alex is currently providing services for the East County Advanced Water Purification (PDB project which includes a 4-stage bardenpho, MF, RO, and UV/AOP. 2009
Alessandro (Alex) Franchi, PHD, PE
Process Technical Lead
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 6 City of Banning Appendix B | Resumes/Bios and Staff Availability plant, including headworks upgrades, the addition of
a new 8-mgd MBR treatment train, new UV system,
equalization basin for secondary effluent, off-spec
water management, and upgrades of solids processing
facility. The plant effluent is discharged into Lake Elsinore and must meet strict standards for low phosphorous
and California Title 22 reclaimed water for recreational uses. The project included a new aeration basin and
membrane bioreactor for the expansion. Worked
extensively with EVWMD staff to evaluate and select
blower and diffuser equipment to meet the needs and
preferences of the staff. Cost $8.7M (2019)
South Coast Water Reclamation, Barbados Water
Authority, Barbados. The Barbados Water Authority
(BWA) evaluated the feasibility of upgrading its South
Coast Sewage Treatment Plant to a tertiary/advanced
treatment plant capable of producing water suitable
for groundwater recharge in a potable aquifer and/or
a non-potable aquifer, or suitable for edible food crop irrigation. The goals of the Project include: augmenting existing groundwater water supplies, mitigating climate change effects, addressing seawater intrusion and sea
level rise, diversifying potable water sources, enhancing water supply resiliency, and reducing the impact of
treated effluent on marine life and the environment. Alex led the conceptual design of a 1.6 MGD advanced water
treatment facility including disk filters, UV disinfection, ultrafiltration (UF), reverse osmosis (RO), stabilization of pH and alkalinity control, and final disinfection. Cost $140,000 (2022)
Airport Satellite Water Reclamation Plant Feasibility
Study, City of Fresno, CA. Advanced treatment process
lead for a feasibility study for a 5-mgd water reclamation facility that included MBR, RO, UV, and AOP and industrial source treatment. Water from this facility will be used for groundwater injection to recharge a depleted aquifer and public or agricultural irrigation. The intake points from the sewer system, located near a winery, discharge 800,000
gallons per day to 2.7-mgd of partially treated wastewater to the sewer system. The feasibility study evaluated the possibility of converting partially treated discharge into high-quality recycled water using membrane bioreactor
treatment, followed by UV light disinfection; and using the recycled water for irrigation of the airport golf
course, groundwater recharge, and industrial uses. Alex conducted a senior review of the membrane bioreactor
system and the advanced treatment facility. Cost $0.5M
(2019)
Preliminary design, final design services, bid phase, and engineering during construction services for a PFAS
treatment system at Well OPA-1. The treatment system
includes lead/lag ion exchange treatment system
capable of treating a flow rate of approximately 3 mgd, including appurtenant facilities. The design incorporates provisions to accommodate intermittent operations of
the well. The ion exchange vessels are located in a
depressed structural concrete pit to minimize the visual impact of the vessels on the adjacent residential
community.

Additional Experience
Regional Wastewater Control Facility Progressive
Design- Build Modifications, City of Stockton
Municipal Utilities, Stockton, CA. Senior reviewer
of UV facilities and leading the design of multiple
improvements to treat 40-mgd (average dry weather
flow, 105-mgd peak hour flow) and meet more stringent
nitrogen limits, reduce effluent salinity, and improve
overall energy efficiency and operational reliability
using a progressive design- build delivery approach.

Improvements include: new influent pumping station and
headworks; new activated sludge secondary treatment
for biological nutrient removal, including aeration system (nitrification/denitrification); new tertiary disk filters and UV disinfection; new dewatering facilities with centrifuges; new buildings for administration, engineering, laboratory, safety, operations and maintenance; new lime system;
and optimizing overall plant hydraulics. $194M (2024)
RP5 and RP1 Upgrades, Advanced Treatment, UV/
Chlorine Disinfection, and Cost Estimates, Inland
Empire Utility Agency, Chino, CA. Task lead for a multiphase project involved the design and economic analysis for expansion and upgrades at four water recycling
facilities ranging between 10 and 60 mgd. Tasks included general site planning, design, and economic analysis of wastewater treatment processes to produce California
Title 22 water. The RP-5 upgrade included the preliminary design of a 45-mgd UV facility. The groundwater injection component of the project included the predesign of a
3-mgd facility with MBR, microfiltration, reverse osmosis (RO), UV, AOP, and stabilization. Cost $11M (2019)
Regional Water Reclamation Facility Expansion and
Upgrade, Elsinore Valley Municipal Water District,
Lake Elsinore, CA. UV disinfection and hydraulics
task Lead for the rehabilitation and expansion from
16- up to 26-mgd of an existing wastewater treatment
2010
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 7 City of Banning Appendix B | Resumes/Bios and Staff Availability Firm
W. M. Lyles Co.

Education/Academic Qualifications
BS, Civil Engineering,
San Diego State University, 2008
Tenure with Lyles: 7
Total Years in Industry: 15
Why Marcos?
9 Worked with AECOM staff on
design-build projects including
East County Advanced Water
Purification $260M joint
venture project
9 Worked with AECOM staff on
design-build projects including
Rialto $25M WWTP
improvements project
including site upgrades and
piping
9 San Diego County experience
includes pipeline project
consisting of upgrading of
27,000 feet of existing 72- and
75-inch pipe
9 Extensive underground utility
and pump station experience
Marcos Reyes
Construction Manager
Owner/Client References
j East County Advanced Water Purification Program (ECAWP) Package 1 Progressive Design-Build, Santee, CA
Client: ECAWP/Padre Dam Municipal Water District
Kyle Swanson
T: 619.528.4766 | E: [email protected]
Role: Marcos is the Sr. Construction Manger for the East County Advanced Purification Project (ECAWP)
This progressive design-build project is one of the first in the country for the augmentation of a surface water supply with treated wastewater for potable reuse. Components of Package 1 include: a 16-mgd Water Recycling Facility, an 11.5-mgd Advanced Water Purification Facility including MF, RO and UV/AOP, a solids handling facility, a product water pump station and a new visitor’s center.
k Inland Empire Utilities Agency – Regional WRP No. 5 Liquids Expansion to 22.5 MGD, DDB, Chino, CA
Client: Inland Empire Utilities Agency
Jason Marseilles
T: 909.993.1600 | E: [email protected]
Role: As Construction Manager, Marcos worked on the construction of the upgrade and expansion of the Agency’s existing RP-5 plant from a conventional activated sludge wastewater treatment plant to a 22.5 MGD water recycling treatment plant, and with the capability of being further expanded to 30 MGD in the future. The major items of work to be performed include the liquids treatment processes, solids treatment processes, common facilities, and off-site facilities. Construction Cost $329M.

Marcos is a dynamic professional with a strong foundation in engineering principles, he has progressively advanced within the wastewater treatment plant construction industry, starting as a Superintendent in 2009 and transitioning through roles as Project Engineer/ Assistant Project Manager before assuming his current position as Project Manager.

Through his career journey, he has demonstrated adeptness in project management, engineering, and leadership, consistently delivering successful outcomes on various projects. His background includes experience working alongside AECOM on the ECAWP Advanced Water Purification Project and Rialto WWTP Improvements project. He brings a combination of technical expertise and managerial skills to drive projects to completion efficiently and effectively.
2011
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 8 City of Banning Appendix B | Resumes/Bios and Staff Availability Marcos Reyes
Construction Manager
Nob Hill Improvements Project for SDCWA, DBB,
San Diego, CA. Project Engineer. Construction of
approximately 900ft of two sections of existing pipelines with one pipeline at a lower elevation. The new pipelines were constructed by tunneling and excavation. This
allowed the water authority the ability to operate and
maintain its pipelines and structures, eliminating the
likelihood of future uncontrolled release of water in the area. The project added a new access road to Nob Hill,
and as a result, SDCWA vehicles will no longer need to
use the private roads for access to SDCWA facilities. Cost $10M. (2017)
Pipeline 3 Desal Relining San Marcos to Twin Oaks
Project for SDCWA, DBB, San Diego, CA. Project
Engineer. The Pipeline 3 Desalination Relining project
included upgrading 27,000 feet of existing 72- and
75-inch diameter pipe with new welded steel liners;
fabricating and installing 494 feet of 69-inch outside
diameter welded steel pipe at seven access portals;
fabricating and installing 448 feet of 67 ¾-inch outside diameter welded steel pipe at eight access portals;
and replacing 47 feet of 72-inch steel pipe with new 67 ¾-inch outside diameter welded steel pipe. As a result
of this project, this accommodated pressurized flows
from the new Carlsbad 50MG Seawater Desalination RO
Treatment Plant. Cost $25M. (2015)
I-405 Sepulveda Pass Widening, DB, Los Angeles,
CA. Superintendent. This $721 million design-build project involved constructing one 10-mile high-occupancy vehicle (HOV) lane northbound on Interstate 405 from Interstate 10 to U.S.-101. The project realigned existing on and
off ramps, reconstruct or modify 23 bridge and ramp
structures, build approximately 18 miles of retaining walls, and perform road improvements on the adjacent city
streets. Cost $721M. (2014)
l Rialto Wastewater Treatment Plant
Improvements, Design-Build, Rialto, CA
Client: City of Rialto
Thomas Crowley, Utilities Manager
T: 909.421.7210 | E: [email protected]
Role: As the Construction Manger, Macros worked on the
$25M Design-Build expansion project, is a Joint Venture between W. M. Lyles Co. and AECOM.

Construction activities include the expansion to an
existing conventional WWTP, increasing the treatment
capacity from 7.3 MGD current average to 11.7 MGD future average. Work also includes headwork’s expansion with
new bar screens, washer compacter, one primary
clarifiers, equalization basin improvements, one
secondary clarifier, cloth disc tertiary filters, chlorine contact basin, RAS Pump Station, electrical buildings and associated site electrical upgrades, instrumentation,
piping, paving, and fencing. Construction Cost $25M.

Additional Experience
Headworks and Primary Clarifier Upgrade, DBB, City
of Palm Springs, CA. Project Manager. Construction
of a new headworks facility, including new barscreens
equipment, washer compacter, grit classifiers, two 100’ diameter primary clarifiers, two scum pump stations,
one sludge degritting facility, a prefabricated electrical building and an odor control system. The new upgrades
to the existing wastewater treatment plant will increase the treatment capacity from 10.9 MGD to 21.8 MGD. Cost
$20M. (2018)
Western Riverside County Regional WW Authority
14 MGD Plant Expansion, DBB, Riverside, CA. Project
Engineer. Construction of a 6.0 MGD expansion to an
existing conventional WWTP that increases the treatment capacity up to 14.0 MGD. Construction activities
include headwork’s expansion with new bar screens,
washer compacter, grit classifier, two primary clarifiers, equalization basin, bioreactor, bio filter, secondary
clarifier, cloth disc tertiary filters, chlorine contact basin, recycle water pump station, masonry digester building,
solar drying beds and odor control system, five electrical buildings and associated site electrical, instrumentation, piping, paving, and fencing. Upgrades to the existing
plant include new centrifuges, fixed steel digester covers, odor control facilities, masonry thickener building and chemical building upgrades. Cost $26M. (2016)
What Marcos’ Clients Say
“Marcos Reyes served as the on-site construction
managerfor the $25M Rialto Progressive Design
Build WWTP with AECOM. His project first
mentality, coupled with extensive construction
knowledge, expertise and experience provided
the project with numerous well reasoned, cost
effective and workable solutions to overcome the
interface challenges on a retrofit project. Timely
and cost effective solutions to tie-ins, resolving
conflicts with existing utilities, and working out
design issues associated with an upgrade while
maintaining continuous operation of the existing
plant were invaluable.”
Bill Hanley, PE, Veolia North America
2012
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 9 City of Banning Appendix B | Resumes/Bios and Staff Availability Firm
W. M. Lyles Co.

Education/Academic Qualifications
MS, Construction Management,
Arizona State University, 2006
BS, Civil Engineering, University of
California Davis, 2004
Professional Registrations
Engineer-in-Training, CA #117946
Tenure with Lyles: 16
Total Years in Industry: 20
Why Vince?
9 Current and previous
experience working on
AECOM/Lyles JV design-build
projects including Stockton
Regional Wastewater Control
Facility Modifications
9 Experienced in innovative
preconstruction to save time
and money
9 Proven Value Engineering
results
9 Preconstruction and
construction phase oversight
for multiple water and
wastewater treatment facilities
throughout California
Vince Guillama
Preconstruction Services Manager
Owner/Client References
j East County Advanced Water Purification Program (ECAWP) Package 1 Progressive Design-Build, Santee, CA
Client: ECAWP/Padre Dam Municipal Water District
Kyle Swanson
T: 619.528.4766 | E: [email protected]
Role: Vince was the Pre-construction Manger providing first-hand constructability through the design process.

This progressive design-build project is one of the first in the country for the augmentation of a surface water supply with treated wastewater for potable reuse. Components of Package 1 include: a 16-mgd Water Recycling Facility, an 11.5-mgd Advanced Water Purification Facility including MF, RO and UV/AOP, a solids handling facility, a product water pump station and a new visitor’s center.
k Stockton Regional Wastewater Control Facility Modifications, Progressive Design-Build, Stockton, CA
Client: City of Stockton
Deedee Antypas, Deputy Director of Wastewater Operations T: 209.937.7425 | E: [email protected]
Role: As the Pre-Construction Manager, Vince led the development of the GMP, capitalizing on his background in construction to provide firsthand constructability consulting throughout the design process.

Progressive design-build of new influent pumping, screening, and grit removal systems; new secondary biological treatment systems; tertiary filtration and disinfection systems; and solids handling facilities to replace an existing oxidation pond and overland flow treatment system. Includes installation of major process equipment such as vertical turbine pumps, perforated fine screens, conical tray grit removal systems, circular and rectangular primary and secondary clarifier mechanisms, aeration blowers and diffusers, submersible mixers, tertiary disc filters, UV disinfection system, sludge centrifuge, and associated electrical, control, and SCADA upgrades. Construction Cost $209M.

Vince brings more than 20 years of experience in the water / wastewater industry. During this time, he has overseen and provided preconstruction services for numerous design-build projects, including the $200M Stockton RWCF project, a joint venture with AECOM. His focus on communication and collaboration encourages innovation to create cost savings and gain schedule. Vince brings a unique perspective having managed design-build projects from pre-construction through completion.
2013
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 10 City of Banning Appendix B | Resumes/Bios and Staff Availability rotary drum thickeners, two new screw presses, chemical storage facilities, and a 48,000 square foot sludge
storage facility. Also included are a new cogeneration
plant, a new emergency power generator, and numerous
other electrical, control, and SCADA upgrades. Project
Cost: $71M. (2018)
Orange County Sanitation District – P1-101 Sludge
Dewatering and Odor Control Project, Orange
County, CA. Project Manager - Mechanical. Construction
of a new 32,000 SF thickening and dewatering
structure on CIDH piles, including equipment, odor
control, mechanical, fire, plumbing, electrical and
instrumentation and control systems. Addition of two
new concrete pipe tunnels along with a 1200 LF precast
screen wall and fabricated above grade pipe rack,
modifications to existing tunnel piping, rehabilitation of exiting silos and Truck Load Out Facility, as well as new underground piping, paving, demolition, and all other
site improvements required to replace the existing sludge handling systems. Construction Cost: $127M. (2019)
Regional Water Reclamation Plant Upgrade, City of
Moreno Valley, CA. Upgrade of existing 15.8 MGD water
reclamation plant to 18.5 MGD, including yard structures, headworks, influent pump station, grit basins, power
and blower buildings, chemical scrubber odor control
facility, secondary effluent pump station, tertiary effluent/ utility water pump station, tertiary effluent meter vault, acid-phase digester and fare, methane-phase digester,
digested sludge storage tanks, low pressure digester gas holder, 15 kW generator, boiler facility, electrical buildings, and related appurtenances. Construction Cost: $29.7M.
(2012)
Water Treatment Facility Improvements, City of El
Centro, CA. Expansion of existing 10.5 MGD facility to 21 MGD, including clarifier units, gravity filters, waste washwater recovery basin, raw water structure, operations and chemical buildings, dividing berm and connecting
piping of two 25 MG earthen storage reservoirs, clearwell and backwash recovery pump stations, and site
improvements including site piping, grading, paving,
electrical instrumentation, and controls. Construction
Cost: $26.6M. (2009)
l Graham Hill Water Treatment Plant Upgrades,
Progressive Design-Build, Santa Cruz, CA
Client: City of Santa Cruz
Matt Zeman, Project Manager
T: 858.610.7478 | [email protected]
Role: In the role of Pre-Construction Manager, Vince is leading the development of the GMP, capitalizing on
his background in construction to provide first hand
constructability constulting throughout the design
process.

The WTP was built in 1960s and had not been
significantly upgraded since the 1980s. The City
recognized that in order to secure their water
future, significant upgrades to the WTP had to
be undertaken. Vince is leading the AECOM/Lyles
construction team, worked closely with the client
and its advisor through many iterations of layouts
and process trains to arrive at the right solution
for the City. Over 20 workshops were held on a
wide range of topics that cover unit processes and
constructability, among many others. The project
scope includes: high-rate clarification through the use of space-efficient plate settlers, ozone system, granular activated carbon (GAC), reclaimed water clarifiers,
provisions for future UV disinfection, and new chemical feed systems; new administration and maintenance
buildings, and new ozone building; upgraded
operations building and upgraded filter gallery
building; electrical upgrades; demolition of some
existing buildings and site improvements including
landscaping and vehicular access improvements.

Construction is anticipated to begin in late 2024, and
substantial completion is expected by Spring 2028.

Additional Experience
WWTP Secondary and Tertiary Improvements
Design-Build, City of Davis, CA. Estimator/Project
Manager. Design-build construction of new secondary
biological treatment systems, new tertiary filtration and disinfection systems, and new solids handling facilities to replace an existing oxidation pond and overland flow treatment system. The secondary treatment processes
consist of four new extended aeration basins and four
new 85’ diameter secondary clarifiers. Tertiary filtration and disinfection facilities consist of four new 6 MGD disc filters, two new chlorine contact tanks, and new a sodium hypochlorite and sodium bisulfite storage and pumping
facility. Sludge handling facilities consist of two new Vince Guillama
Preconstruction Services Manager
2014
Staffing Availability for Banning
2015
AECOM/WM Lyles Design and Construction of the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project | 12 City of Banning Appendix B | Resumes/Bios and Staff Availability Staff/Role Availabity Responsibilities Benefit to Banning Joe Lawrence
Design-Build Project Manager
Phase 1 - 75%
Phase 2 - 100%
Single point of responsibility Successful track record in DB project management, including multiple projects with AECOM (ECAWP,
Stockton, Santa Cruz)
Gabriel Perigault, PhD, PE
Design Manager
Phase 1 - 60%
Phase 2 - 30%
Manage design
development
Led the design of 25 water and wastewater treatment
plants; proven track record delivering successful DB
projects with Lyles (ECAWP, Santa Cruz)
Marcos Reyes
Construction Manager
Phase 1 - 25%
Phase 2 - 100%
Onsite construction
management
Lives within 25 miles of the project; proven track record delivering successful DBs with AECOM (Rialto, ECAWP)
Vince Guillama
Preconstruction Manager
Phase 1 - 100%
Phase 2 - 20%
Manage early works
packages, ensures budget
adherence during design
Lessons-learned managing early works packages;
proven track record delivering successful DB projects
with AECOM (Stockton, ECAWP, Davis, Santa Cruz)
Alex Franchi, PhD, PE
Treatment Process Lead
Phase 1 - 60%
Phase 2 - 25%
Treatment technology
selection/design
Led successful designs of Title 22 projects across
California; Proven track record delivering successful DB projects with Lyles (ECAWP)
Rosaida Harris
QA/QCLead
Phase 1 - 40%
Phase 2 - 40%
QA/QC management and
discipline coordination
Extensive experience in QC for both design and
construction on DB projects
Anthony Pilato
Superintendent
Phase 1 - 5%
Phase 2 - 100%
Manage onsite activities
during construction
Seasoned superintendent with extensive experience
coordinating multiple trades and managing largescale projects, such as the $57M City of Beaumont Matt Cain
Estimator/Cost Controls
Phase 1 - 80%
Phase 2 - 15%
Budget control and
management
Design-to-budget experience from Beaumont and
Rialto projects, backed by a successful track record
with AECOM on the Rialto and ECAWP projects
Ryan Priestman
Lead Scheduler
Phase 1 - 40%
Phase 2 - 40%
Project Scheduling Proven ability to work with AECOM to solve scheduling hurdles on the ECAWP DB project
Vijay Kumar
Commissioning Lead
Phase 1 - 20%
Phase 2 - 60%
Startup and commissioning
plans and coordination
Proven ability to work with AECOM on commissioning
and startup activities
Tyler Payne, SMS, CHST, CIT,
STS, CUSP - Safety Director
Phase 1 - 15%
Phase 2 -80%
Safety Management Proven ability to provide Safety Management on successful local DB projects with AECOM (ECAWP)
T.J. Catalano, PE
Structural
Phase 1 - 50%
Phase 2 - 20%
Structural engineering lead Brings experience upgrading WWTPs all aspects of structural engineering design and construction
services on DBP projects such as ECAWP.

Steven Fitzwilliam, PE
Geotechnical/Civil
Phase 1 - 50%
Phase 2 - 20%
Geotechnical and Site/Civil
Engineering
28 years of geotechnical experience, including designbuild treatment plant projects Barbara Bartholomae
Permitting Lead
Phase 1 - 50%
Phase 2 - 30%
Permit Management Proven track record delivering permitting services on successful DB projects with Lyles (ECAWP, Santa Cruz)
William Goryl, RA
Architectural
Phase 1 - 50%
Phase 2 - 20%
Architectural design 30 years of architectural experience, including Designbuild WWTPs such as Davis, CA and Rialto,A Yasser Rizk, PE
Electrical/I&C
Phase 1 - 50%
Phase 2 - 20%
Electrical and SCADA/I&C
Design
Extensive DB experience, highly skilled in electrical
design, coordination of HVAC, mechanical process,
and control systems for innovative, effective design
Karen Bettencourt, PE
Mechanical
Phase 1 - 50%
Phase 2 - 20%
Mechanical Process Design 20+ years of treatment plant mechnical process engineering, including the Stockton WWTP DB
Executive Management Board
Grant Gourley
Executive Management Board
Phase 1 - 10%
Phase 2 - 10%
Executive Oversight Decades of lessons-learned providing executive oversight on DB projects throughout CA and with
AECOM (ECAWP, Stockton, Santa Cruz, Davis
Brian Daly, PE
Executive Management Board
Phase 1 - 10%
Phase 2 - 10%
Executive Oversight National DB Leader with 30 years of DB experience, serves on all AECOM/Lyles JV Management Boards
Staffing Availability
Prior to selection of specific staff for our team, we examined the existing and projected workload of each person and confirmed their availability for this assignment. We have determined they have no obligations, either current or projected, that would prevent them from performing with excellence to meet the requirements and schedule for this project. 2016
Single Point of Contact for the AECOM/Lyles JV:

Joe Lawrence
Design-Build Project Manager
26501 Madison Avenue
Murrieta, CA 92562
916.375.1833
[email protected]
2017
Line Item
Task 1
Task 1 ADDER
Task 1.1
Task 1.2
Task 1.3
2018
Task 1.4
Task 1.5
Task 1.6
Task 2
Task 2.1
Task 2.2
Task 3
Task 3.1
2019
Task 3.2
Task 3.3
Task 3.4
Task 3.5
Task 3.6
Task 4
Task 4.1
Task 4.2
Task 4.3
Task 4.4
Task 4.5
Task 4.6
2020
Description Total Cost
Design
Adder for RO System and Evaporation Ponds $0
Preliminary Design Report (PDR) $320,453
30% Preliminary Design $717,339
60% Design Phase $961,349
2021
Hydraulic Analysis/ Hydraulic Profile $54,452
90% Design Phase $707,110
Final Design Phase $408,878
$3,169,581
Cost Estimating
Initial Baseline Cost Model and Updates (5) $162,787
GMP Development $117,602
$280,389
Meetings & Reports
Kick-off Meeting/Workshop (1) $56,968
2022
Progress Meetings and Reports (16) $156,553
Project Status Reports (Monthly with Invoice) $113,807
Risk Management Workshop (1) $20,305
Constructability Review Workshops (2) $51,971
SCADA Development and Scoping Workshops (4) $63,985
$463,589
Investigation / Support
Potholing and Cutlrural Monitoring $25,397
Topographic Survey $30,635
Environmental Support ( $30,000 allowance) $30,381
Geotechnical Investigation $123,055
Permitting Support and Title 22 and Title 27 (if needed) Eng Reports $98,520 Energy Tax Credits / Incentives $25,395
$333,383
$4,246,942
2023
Potential
Scope
Reduction
Revised Cost Cost Reduction
$0 $309,000 ($309,000)
$320,453 $0
$250,000 $615,074 $102,265
$250,000 $818,598 $142,751
2024
$54,452 $0
$50,000 $0 $707,110
$150,000 $950,539 ($541,661)
$700,000 $2,759,117 $410,464
$162,598 $189
$50,000 $105,754 $11,848
$50,000 $268,352 $12,037
$25,000 $42,934 $14,034
2025
$75,000 $123,563 $32,990
$100,000 $47,709 $66,098
$10,000 $18,766 $1,539
$47,591 $4,380
$55,966 $8,019
$210,000 $336,529 $127,060
$24,577 $820
$29,954 $681
$27,444 $2,937
$121,809 $1,246
$96,836 $1,684
$25,009 $386
$0 $325,629 $7,754
$960,000 $3,998,627 $248,315
2026
Owners Rep. Comments AECOM RESPONSE
Assuming that RO design and evaporation ponds are not included in the costs listed in Column D. Please include cost of RO/Evap Design as separate line item.

The design cost for the RO system,
including supporting systems (additional
chems, etc.) as well as 15-20 acres of
evaporation ponds with mechanical
aerators is estimated at $309k. The total
amount of engineering hours to produce
this design is estimated at 1,742 for all
disciplines. This includes 53 addional
drawings and 4 additional specs, as well
as modification to other drawings and
specs.The revised list of drawings and
specs with the new drawings and specs
is enclosed and changes highlighted in
yellow. This also include the BODR
adder and production of all the reports
associated with the permitting of the
evaporation ponds per Title 27.

After all decisions have been made in the BDR, moving the design to 30 percent should not take this much effort. Given that the RO and brine management facilities are not included will result in further savings, this effort may be reduced. A minimum saving is indicated.

Reduced to the extent possible. There is
a major effort for the mechanical and
instrumentation disciplines for this
submittal.

Moving the design to 60 percent given the simple treatment train should not take this much effort. A minimum saving is indicated.

Reduced to the extent possible. This
effort also includes the scope for
replacement in kind for:
• Digester Coating
• Replace Piping in Grit Chamber
• Replace East Primary Clarifier Center
Drive
• Replace Existing PVC Digester Gas
Piping
• Replace Digester Hot Water Boiler
• Replace Grit/Cyclone Unit
• Replace Two Old Grit Pumps
2027
Moving the design to 90 percent given the simple treatment train should not take this much effort. A minimum saving is indicated.

We are proposing to eliminate the 90%
Submittal to streamline the desing
process and save cost.

The level of effort on a design including mainly packaged treatment systems seems high. A minimum saving is indicated.

The cost of this submittal increased
because the 90% submittal was
eliminated. The complete design will
include sealed and signed drawings and
this is last opportunity for thorough QC
and reducing the possibility of
conflicts/issues for Phase 2. This effort
also includes the scope for
replacement in kind for:
• Digester Coating
• Replace Piping in Grit Chamber
• Replace East Primary Clarifier Center
Drive
• Replace Existing PVC Digester Gas
Piping
• Replace Digester Hot Water Boiler
• Replace Grit/Cyclone Unit
• Replace Two Old Grit Pumps
There seems to be a duplication of effort here with the initial baseline cost model. A minimum saving is indicated.

Reduced to the extent possible.

However, baseline cost model is only
one component of the GMP. We need
to adjust contract, front end specs,
Commissioning Plan, QMP for
construction, etc.

We assume a virtual meeting. Minimum saving is indicated Cost has been reduced but not to the extent requested. Cost has been
reduced. However, this task includes
preparing a Project Quality Plan and
Project Execution Plan (a requirement of
the RFP and included in our scope) for
discussion in the kick-off meeting. This
2028
These meeting are to discuss progress and plan activities. Simple reporting to document action items and design decisions is envisioned. 12 hours total can be assumed per meeting. Added contingency for addional 6 other meetings. These meeting are all virtual. A minimum saving is indicated.

Cost has been reduced but not to the
extent requested. These are not only
status meetings (see scope for this
task). The second part of all the
meetings is technical discussions of
technical choices as well as
review/discussion of
comments/responses to deliverables.

This is a very essential component of
progressive DB. Please refer to scope
provided.

Assumed 12 reports/invoices. A minimum saving is indicated. Reduced to the extent possible. This effort not only includes invoicing on
behalf of AECOM/WML but all project
controls activities as requested in the
RFP. In addition to invoicing and
progress reports, writing contracts and
managing payments to subs, schedule
We assume a virtual meeting. Minimum saving is indicated Reduced to the extent possible. This not only includes the workshop but the
preparation and maintenance of a risk
register that will be essential to
determine the necesssary contingency
to carry in the GMP.

Although higher than other proposals, we left this effort intact. 2029
Standard Form of
General Conditions of
Contract Between Owner
and Design-Builder
Document No. 535
Third Edition, 2022
© Design-Build Institute of America
Washington, D.C.

DBIA Contract Document #535
2030
Table of Contents
Article 1 General ............................................................................................................ 4

1.1 Mutual Obligations. ................................................................................................ 4

1.2 Basic Definitions. .................................................................................................... 4 Article 2 Design-Builder’s Services and Responsibilities ................................................ 8

2.1 General Services. .................................................................................................... 8

2.2 Design Professional Services. ............................................................................... 12

2.3 Standard of Care for Design Professional Services. ............................................. 13

2.4 Design Development Services. ............................................................................. 13

2.5 Legal Requirements. ............................................................................................. 15

2.6 Government Approvals and Permits. .................................................................... 16

2.7 Design-Builder’s Construction Services. .............................................................. 16

2.8 Design-Builder Subcontracts ................................................................................ 17

2.9 Design-Builder’s Responsibility for Project Safety. ............................................. 18

2.10 Design-Builder’s Warranty. .................................................................................. 20

2.11 Correction of Defective Work. ............................................................................. 22

2.12 Construction Coordination and Schedule ............................................................. 22 Article 3 Owner’s Services and Responsibilities ........................................................... 33

3.1 Duty to Cooperate. ................................................................................................ 33

3.2 Furnishing of Services and Information. .............................................................. 33

3.3 Financial Information............................................................................................ 34

3.4 Owner’s Representative. ....................................................................................... 34

3.5 Government Approvals and Permits. .................................................................... 34

3.6 Owner’s Other Contractors. .................................................................................. 34 Article 4 Hazardous Conditions and Differing Site Conditions ...................................... 35 2031
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4.1 Hazardous Conditions. .......................................................................................... 35

4.2 Differing Site Conditions. ..................................................................................... 37 Article 5 Insurance and Bonds ..................................................................................... 38

5.1 Design-Builder’s Insurance Requirements. .......................................................... 38 Article 6 Payment ......................................................................................................... 39

6.1 Schedule of Values. .............................................................................................. 39

6.2 Monthly Progress Payments. ................................................................................ 39

6.3 Withholding of Payments. .................................................................................... 41

6.4 Design-Builder’s Payment Obligations. ............................................................... 41

6.5 Substantial Completion. ........................................................................................ 41

6.6 Final Completion and Final Payment. .................................................................. 43 Article 7 Indemnification ............................................................................................... 45

7.1 Patent and Copyright Infringement. ...................................................................... 45

7.2 Tax Claim Indemnification. .................................................................................. 46

7.3 Payment Claim Indemnification. .......................................................................... 46

7.4 Design-Builder’s General Indemnification. .......................................................... 46

7.5 Owner’s General Indemnification. ........................................................................ 47

7.6 Survival of Indemnities ......................................................................................... 48

7.7 Limited Recourse. ................................................................................................. 48 Article 8 Time ............................................................................................................... 48

8.1 Obligation to Achieve the Contract Times. .......................................................... 48

8.2 Delays to the Work. .............................................................................................. 49

8.3 Force Majeure ....................................................................................................... 51

8.4 Liquidated Damages ............................................................................................. 52 Article 9 Changes to the Contract Price and Time ....................................................... 53

9.1 Change Orders. ..................................................................................................... 53 2032
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9.2 Work Change Directives. ...................................................................................... 56

9.3 Minor Changes in the Work. ................................................................................. 56

9.4 Contract Price Adjustments. ................................................................................. 56

9.5 Escalation of Cost ................................................................................................. 57

9.5 Emergencies. ......................................................................................................... 58 Article 10 Contract Adjustments and Disputes ............................................................. 58

10.1 Requests for Contract Adjustments and Relief. .................................................... 58

10.2 Legal Proceedings ................................................................................................. 62

10.3 Duty to Continue Performance. ............................................................................ 62 Article 11 Suspension and Termination for Cause ....................................................... 63

11.1 Owner’s Right to Suspend Work. ......................................................................... 63

11.2 Owner’s Right to Perform and Terminate for Cause. ........................................... 65

11.3 Bankruptcy of Owner or Design-Builder. ............................................................. 66

11.4 Termination for Convenience. .............................................................................. 67 Article 12 Electronic Data ............................................................................................. 68

12.1 Electronic Data...................................................................................................... 68

12.2 Transmission of Electronic Data. .......................................................................... 68

12.3 Electronic Data Protocol. ...................................................................................... 68 Article 13 Miscellaneous ............................................................................................... 69

13.1 Confidential Information. ..................................................................................... 69

13.2 Assignment. .......................................................................................................... 70

13.3 Successorship. ....................................................................................................... 70

13.4 Governing Law. .................................................................................................... 70

13.5 Severability. .......................................................................................................... 70

13.6 No Waiver. ............................................................................................................ 71

13.7 Headings. .............................................................................................................. 71 2033
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13.8 Notice. ................................................................................................................... 71

13.9 Amendments. ........................................................................................................ 71

13.10 No Third Party Beneficiary ................................................................................... 71

13.11 Labor and Prevailing Wages ................................................................................. 72

13.11.1 California Labor Code Compliance .......................................................... 72 2034
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Article 1
General

1.1 Mutual Obligations.

1.1.1 Owner and Design-Builder commit at all times to cooperate fully with each other and proceed on the basis of trust and good faith, to permit each party to realize the benefits afforded under the Contract Documents.

1.2 Basic Definitions.

1.2.1 Agreement or Contract refers to the executed contract between Owner and Design-Builder and includes DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and Design-Builder (2022 Edition) and DBIA Document No. 545, Design-Build Agreement for Water and Wastewater Projects (2024 Edition), and all Exhibits and documents incorporated therein.

1.2.2 Basis of Design Documents are as follows: DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and DesignBuilder (2022 Edition) and DBIA Document No. 545, Design-Build Agreement for Water and Wastewater Projects (2024 Edition), Exhibit A “Design Criteria Report and Preliminary Design Drawings”, and those documents specifically listed in, as applicable, in Exhibit D “List of Reference Documents”.

1.2.3 Change Directive is a directive issued by the Owner, at the Owner’s sole discretion, to the Design-Builder to recognize that there is a potential Change Order to the Contract and provide the Design-Builder with direction on a path forward on the potential changed work.

1.2.4 Change Order is a contractually binding amendment to the Contract, which shall comply with the Change Order provisions of the Contract Documents.

1.2.5 Construction Documents are the documents, consisting of Drawings and Specifications, to be prepared or assembled by Design-Builder consistent with the the Design-Builder's accepted proposal and the Basis of Design Documents unless a deviation from the Basis of Design Documents is specifically set forth in a Change Order executed by both Owner and Design-Builder, as part of the design review process contemplated by Section 2.4 of these General Conditions of Contract.

1.2.6 Construction Services include construction, testing, commissioning, and acceptance for the Project, and all other work as needed to complete the Work as provided for in the Construction Documents.

1.2.7 Contract Documents are those documents identified in the DBIA Document No. 545.

1.2.8 Contract Price or Design-Build Price refers to the amounts set forth in the DBIA Document No. 545.
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1.2.9 Contract Time refers to the time periods set forth in Article 5 of the DBIA Document No. 545.

1.2.10 Contractor's Construction Schedule is the Design-Builder's schedule for the Construction Services scope of work that complies with the scheduling requirements of the Contract Documents and clearly identifies the Critical Path of the Work.

1.2.11 Date of Commencement – As defined in the DBIA Document No. 545.

1.2.12 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents.

1.2.13 Design-Builder is the party to the Contract that is responsible for design, construction, commissioning and acceptance testing, and training and other services as defined by the Contract Documents. Any and all references to Contractor and Contractor's obligations are applicable to the Design-Builder.

1.2.14 Design-Build Team is comprised of Design-Builder, Design Consultant, and key Subcontractors identified by Design-Builder.

1.2.15 Design Consultant is a qualified, licensed design professional who is not an employee of Design-Builder, but is retained by Design-Builder, or employed or retained by anyone under contract with Design-Builder, to furnish design services required under the Contract Documents. A Design Sub-Consultant is a qualified, licensed design professional who is not an employee of Design Consultant but is retained by Design Consultant or employed or retained by anyone under contract to Design Consultant, to furnish design services required under the Contract Documents.

1.2.16 Design Services are those services as defined in Article 2 of the General Conditions and in the Contract Documents.

1.2.17 Design Submission means any and all documents, packaged treatment submittals, electronic information, including computer programs and computer generated materials, data, plans, drawings, sketches, illustrations, specifications, descriptions, models, and other information developed, prepared, furnished, delivered or required to be delivered by, or for, Design-Builder.

1.2.18 Engineer of Record is the qualified licensed in the State of California design professional responsible for the Design Services.

1.2.19 Final Acceptance occurs once all requirements of Final Completion have occurred and the Owner issues a Letter of Final Acceptance.

1.2.20 Final Application for Payment is the Design-Builder's request for final payment after Final Acceptance has occurred and a Letter of Final Acceptance has been issued by the Owner.
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1.2.21 Final Completion is the date on which all Work is complete in accordance with the Contract Documents, including but not limited to, any items identified in the punch list prepared under Section 6.6.1.

1.2.22 Force Majeure Events are those events that are beyond the control of both Design-Builder and Owner, including the events of war, floods, labor disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and other acts of God. Listed more fully in Section 8.3.

1.2.23 General Conditions of Contract refer to this DBIA Document No. 535, Standard Form of General Conditions of Contract Between Owner and DesignBuilder (2022 Edition).

1.2.24 GMP Proposal or Proposal means that proposal developed by DesignBuilder, Cost Plus Fee With an Option for a Guaranteed Maximum Price, Progressive Design-Build Agreement, or DBIA Document No. 545, Progressive Design-Build Agreement for Water and Wastewater Projects. The GMP will become the basis for the Contract Price.

1.2.25 Hazardous Conditions are any materials, wastes, substances and chemicals deemed to be hazardous under applicable Legal Requirements, or the handling, storage, remediation, or disposal of which are regulated by applicable Legal Requirements.

1.2.26 Holiday(s) - The day upon which the Owner is closed during normal business hours in observance of one of its holidays. City’s observed holidays are:
a. New Year’s Day,
b. President’s Day,
c. Memorial Day,
d. Independence Day,
e. Labor Day,
f. Thanksgiving Day & Day after and
g. Christmas Day and Day after
In addition, the Design-Builder shall not perform any work during a period starting December 24th and ending January 1st. Design-Builder shall return to perform work on January 2nd. The days between December 24th and ending January 1 shall not be working days for City.

1.2.27 Legal Requirements are all applicable federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasigovernment entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work.

1.2.28 Notice to Proceed is the written notice from the Owner to the DesignBuilder establishing the dates for Design Services and/or Construction Services, and which authorizes the Design-Builder to commence with Design Services 2037
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and/or Construction Services. The effective date of the Notice to Proceed shall be no later than the date the Kick-Off meeting is held.

1.2.29 Other Contractors shall mean any contractors, service providers, suppliers or vendors performing construction, maintenance, operations, or repairs in and around the Project Site.

1.2.30 Owner (or City) shall mean the City of Banning, acting through its City Council. Owner may include Owner's Representative, where appropriate delegation has occurred.

1.2.31 Owner’s Project Criteria or Design Criteria are developed by or for Owner to describe Owner’s program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design-Builder’s performance of the Work. Owner’s Project Criteria may include conceptual documents, design criteria, design performance specifications, design specifications, and LEED® or other sustainable design criteria and other Projectspecific technical materials and requirements.

1.2.32 Owner’s Representative shall mean person, persons, or entity to whom the Owner may delegate responsibilities to, to fulfill the duties of Owner as identified in Contract Documents.

1.2.33 Project shall mean the City of Banning Wastewater Treatment Plant and Recycled Water Upgrades Project, and includes the total design, construction, and testing and commissioning of the Work under the Contract and all other work, labor, equipment, and materials necessary to accomplish the Project.

1.2.34 Proposal is the Design-Builder’s submittal in response to the Owner’s Request for Proposal, which includes the Design-Builder’s progressive design submittal and upon which the Design-Builder based its Design-Build Price.

1.2.35 Site or Project Site is the land or premises on which the Project is located, and includes all areas designated for staging, storage, parking and temporary offices as indicated in the Contract Documents.

1.2.36 Subcontractor is any person or entity retained by Design-Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers.

1.2.37 Sub-Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor’s Work and shall include materialmen and suppliers.

1.2.38 Substantial Completion or Substantially Complete means the date on which Design-Builder has satisfied all of the requirements for Substantial Completion under the Contract Documents, and the Work, or an agreed upon portion of the Work, is sufficiently complete in accordance with the Contract 2038
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Documents so that Owner can occupy and use the Project for its intended purposes.

1.2.39 Work is comprised of all Design-Builder’s design, construction and other services required by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents.

1.2.40 Work Products are all works, tangible or not, created under the Contract for the Owner, as defined under Article 4 of the DBIA Document No. 545.

Article 2
Design-Builder’s Services and Responsibilities

2.1 General Services.

2.1.1 The Design-Builder will designate in writing a contact person ("DesignBuilder's Representative") for coordination and communication with Owner. The Design-Builder's Representative shall have the authority to make decisions for the Design-Builder firm and shall have binding signatory power for changes in work.

The Design-Builder's Representative and/or his or her designee shall be on the Project Site at all times during work activity. Design-Builder’s Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design-Builder’s Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design-Builder. Design-Builder’s Representative may be replaced only with the mutual agreement of Owner and Design-Builder.

2.1.2 An orderly system for communication between Owner and the DesignBuilder is essential to the satisfactory completion of the Work. Owner will transmit, directly or through others, written instructions, responses or other communications to the Design-Builder's Representative or other persons identified in writing by the Design-Builder to receive such communications. The Design-Builder shall, by a letter to Owner, designate (by name) one or more staff members to receive oral and written field communications when the Design-Builder's Representative is away from the Project Site and to act as the designated representative. During the times that the Design-Builder's Representative may be temporarily absent, a staff member shall be authorized to act immediately on orders or instructions issued by Owner. If Owner finds it necessary to communicate with the Design-Builder Personnel authorized to receive such communications and none are available to receive such communications, Owner may suspend all of the Design-Builder's operations at the Project Site until such communications can be accomplished.

Formal communications from the Design-Builder to Owner that are necessary for the performance of the Contract, including documents described in the Contract Documents, and any other written communications, will be addressed to Owner, unless otherwise specified in the Contract Documents. All written communications or submittals shall be signed by the Design-Builder's Representative or designee 2039
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in serialized format, and Design-Builder shall maintain logs available to Owner for review and reconciliation upon request.

2.1.3 The Design-Builder represents it has the proper business and professional background, knowledge, experience and expertise necessary to provide all Design Services and Construction Services for the Project. Design-Builder further represents that it and all Design-Builder’s subcontractors possess all required professional licenses in the State of California to provide all Design Services and Construction Services necessary for the Project. At all times herein, DesignBuilder shall possess a California Contractor’s license, Class A. Design-Builder’s California Contractor’s license number is 1133137.

2.1.4 Design-Builder makes certain representations in the Contract Documents, including without limitation, the representations in this clause. Design-Builder is deemed to make these representations by and as a condition of submission of Design-Builder’s proposal. Design-Builder agrees that it has single point responsibility for the design and construction of this Project. Following award and execution of the Contract, these representations are deemed republished throughout the performance of the Work of the Contract and shall also be treated as express warranties.

2.1.5 Design-Builder has at the time of Proposal, and will throughout performance, carefully and adequately reviewed the Contract Documents and acknowledges that these Contract Documents establish the scope, level of quality, construction intent and the procedures for the Design-Builder’s design and construction of the Work to a state of 100% completion. Design-Builder shall carefully study and compare each of the Contract Documents with the others and with information furnished by Owner, and shall report in writing to Owner any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with program performance requirements or applicable Code requirements observed by Design-Builder.

2.1.6 Design-Builder has at the time of Proposal, and will throughout performance, carefully examine the Project Site and the adjacent areas, has adequately investigated the nature and location of the Work to be performed and has satisfied itself and will continue to satisfy itself as to the general and local conditions which will be applicable, including but not limited to:

2.1.6.1 Conditions related to Project Site access and topography, and to the transportation, disposal, handling and storage of materials;

2.1.6.2 The availability of labor, water, power and roads;

2.1.6.3 Observable physical conditions at the Project Site and existing Project Site conditions, including seasons and climate;

2.1.6.4 Size, utility capacities and connection options of external utilities;
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2.1.6.5 The surface conditions of the ground, including normal and usual soil conditions;

2.1.6.6 The character and availability of the equipment and facilities which will be needed prior to and during the performance of the construction work; and

2.1.6.7 All other conditions which may be material to the DesignBuilder's performance of its obligations under this Contract.

2.1.7 Design-Builder has at the time of Proposal, and will throughout performance, have the experience and capability to efficiently and expeditiously accomplish the Work required under this Contract in a timely and satisfactory manner and at the standard of practice of a Design-Builder with substantial experience in the Work of the Contract.

2.1.8 Design-Builder shall supervise, coordinate, and direct the Work using Design-Builder's best skill and attention. Design-Builder shall be solely responsible for, and have control over the entire design effort, construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work, including, but without limitation, site work, utilities, and building process systems.

2.1.9 The Design-Builder shall coordinate, sequence, and organize its work so as to minimize the inconvenience and disruption to the general public to the greatest extent reasonable. Such coordination and mitigation shall include dissemination of information and meeting with or notification to the parties who will be affected by the Work, as appropriate, and shall be undertaken in cooperation with Owner, and in accordance with any specific Contract Document provisions or direction from Owner. Prior to commencement of the Work, the Design-Builder shall hold preinstallation coordination meetings and prepare coordination drawings that document the pre-planning of the Work. This process shall ensure the installation of the Work is undertaken in an efficient and professional manner in accordance with the Contract Documents. In the event that the Owner in good faith determines that the Design-Builder has not complied with this provision, or has failed to properly address the inconvenience and/or a disruption to the general public, the Owner shall have the right to change the sequence of the Work by providing the Design-Builder with 48 hours' notice, and the Design-Builder will not be entitled to any additional time or compensation resulting from the change in the sequence of the Work. The Design-Builder's coordination shall include, but not be limited to, the following:

2.1.9.1 Coordinate use of Project space and sequence of installation of equipment or other work that is indicated on the Contract Documents.

Utilize space efficiently to eliminate conflicts in the installation of the Work and to maximize accessibility for maintenance and repairs.

2.1.9.2 When necessary, prepare memoranda for distribution to each party involved in the Work outlining special procedures required for 2041
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coordination and construction. Include such items as required notices, reports, construction restraints and attendance at meetings.

2.1.9.3 Coordinate schedule and timing of required administrative procedures with other construction activities to avoid conflicts and ensure orderly progress of the Work.

2.1.9.4 The Design-Builder shall obtain the approval of Owner and notify all other affected persons or "Other Contractors" at least forty-eight (48) hours before starting work which may block access or otherwise cause undue difficulty to occupants or users of property affected, and shall restore such access to a usable condition or, with Owner's permission, provide replacement access as soon as possible.

2.1.9.5 The Design-Builder shall obtain necessary information and identify equipment locations and other layouts, as available, to avoid interface conflicts and shall be familiar with applicable codes and requirements and perform its work in compliance therewith.

2.1.9.6 Coordinate execution of the Work with those public utilities, governmental bodies, private utilities and Other Contractors performing work on and adjacent to the worksites. Eliminate or minimize delays in the Work and conflicts with those utilities, bodies and Other Contractors.

2.1.10 Design-Builder shall be responsible for inspection of all portions of the Work, including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work.

2.1.11 The Design-Builder shall be solely responsible for any and all design errors including, but without limitation, errors, inconsistencies or omissions in the Construction Documents. Design-Builder shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to Design-Builder before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to Owner.

2.1.12 Design-Builder further represents and warrants it will continuously furnish the necessary personnel to complete the Project on a timely basis as required in this Contract and that such personnel have the experience and expertise levels to adequately perform the work. Design-Builder’s representations and warranties stated herein, shall also apply to Design-Builder’s subcontractors.

2.1.13 The Design-Builder shall provide Owner with a monthly status report detailing the progress of the Work, including (i) whether the Work is proceeding according to schedule; (ii) whether discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution; (iii) whether health and safety issues exist in connection with the Work; (iv) status of the contingency account to the extent provided for in the DBIA Document No. 545, Progressive Design-Build 2042
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Agreement for Water and Wastewater Projects; and (v) other items that require resolution so as not to jeopardize Design-Builder’s ability to complete the Work for the Contract Price and within the Contract Time(s). Status reports shall be submitted with Design-Builder’s draft Payment Applications as a pre-requisite to payment.

2.1.14 Prior to commencement of the Work, Design-Builder shall prepare and submit a schedule in compliance with the scheduling requirements contained in Article 2 of the General Conditions. The schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve DesignBuilder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner’s review of, and response to, the schedule shall not be construed as relieving Design-Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work.

2.1.15 The Design-Builder is required to meet with the Owner within seven (7) days after execution of the Agreement to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to schedule, submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents.

2.1.16 The Design-Builder shall conduct progress meetings in compliance with the Contract Documents, unless otherwise agreed in writing. The Design-Builder shall schedule a Preconstruction Conference following receipt of the Notice to Proceed for Construction Services to discuss the Design-Builder's construction and scheduling requirements in Section 2.12 of the General Conditions. For all meetings, the Design-Builder shall make arrangements for meetings and prepare agendas with copies for participants. For meetings between Owner and the Design-Builder, Owner will record minutes and distribute. The Design-Builder shall be advised of and shall attend Contract meetings as deemed necessary by Owner and at no additional cost. The Design-Builder shall inform Owner at least fortyeight (48) hours in advance of any Project-related meeting(s) where DesignBuilder intends to have a lawyer present.

2.2 Design Professional Services.

2.2.1 Design-Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design-Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design-Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant.

2.2.2 Design-Builder shall employ only Design Consultants and/or Design Subconsultants who are duly licensed and qualified to perform the Work consistent 2043
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with the Contract Documents. Prior to the date that Design Consultants and/or Design Subconsultants perform Work on the Project, Design-Builder shall identify in writing to Owner all Design Consultants and Design Subconsultants. To the extent that Design-Builder has not selected a Design Consultant or Design Subconsultant prior to performing the Work, Design-Builder shall provide Owner in writing a list of any subsequently added Design Consultants and/or Design Subconsultants and their scope of Work prior to their performing Work on the Project. Owner may reasonably object to Design-Builder’s selection of any Design Consultant or Design Subconsultant, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner’s decision impacts Design-Builder’s cost and/or time of performance. Design-Builder shall not substitute a listed Design Consultant or Subconsultant without obtaining Owner’s prior written consent; such consent shall not be unreasonably withheld. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant or Design Subconsultant, including but not limited to any third-party beneficiary rights.

2.3 Standard of Care for Design Professional Services.

2.3.1 All work performed in connection with this Contract shall be performed in a manner consistent with the standard of care ordinarily exercised by those who provide architectural, engineering, planning and design services for projects of similar size, scope and complexity for water treatment facilities in the United States, and consistent with the standard of care ordinarily exercised by those who specialize in such specialty services. In addition, all work is to be performed within the standard of care for California architects, engineers, planners and designers.

Neither review nor approval of Design-Builder’s work by Owner, any employee, any agent/consultant of Owner, or any other person shall in any way relieve Design-Builder from its duty to utilize this standard of care in the performance of its duties. Design-Builder agrees to provide its professional services in a manner that is in the Owner’s economic and governmental best interests, consistent with this standard of care and the Design-Builder’s professional obligations. 2.4 Design Development Services.

2.4.1 Upon receipt of the Notice to Proceed for Design Services, the DesignBuilder shall commence the design and the preparation of the Construction Documents per the terms of the Contract and as provided in Exhibit B “Scope of Work.” The Construction Documents shall provide information customarily necessary in documents for projects of similar size, complexity, and quality. The Construction Documents shall include all information required to complete the construction of the Project, other than such details customarily developed by others during construction.

2.4.2 Contract Schedule shall indicate the times for Owner to review the completion of each such portion of the Construction Documents and a reasonable time for review of same. The Schedule shall indicate a minimum of 21 calendar days for review by Owner. Design-Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim Design Submissions that Owner may wish to review, which interim Design Submissions 2044
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may include design criteria, drawings, diagrams and specifications setting forth the Project requirements.

2.4.2.1 Design Submissions shall be consistent with the Owner’s Project Criteria as well as the Basis of Design Documents, as the Basis of Design Documents may have been changed or supplemented through the design process set forth in this Section. By submitting Design Submissions, Design-Builder represents to the Owner that the Work depicted and otherwise shown, contained, or reflected in Design Submissions may be constructed in compliance with the then current Contract Price and Contract Time. Notwithstanding the above, Design-Builder may propose Design Submissions that may alter the Basis of Design Documents, the Contract Price and/or Contract Time; however, Design-Builder must provide notice thereof in accordance with Article 9 of the General Conditions and obtain a Change Order before such proposed Design Submissions are incorporated into the Construction Documents.

2.4.2.2 On or about the time of the Design Submissions, DesignBuilder and Owner shall meet and confer about the Design Submissions, with Design-Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted Design Submissions.

Changes to the Basis of Design Documents, including those that are deemed minor changes under Section 9.3.1, shall be processed in accordance with Article 9. Minutes of the meetings, including a full listing of all changes, will be maintained by Design-Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim Design Submissions and meeting minutes in a time that is consistent with the turnaround times set forth in DesignBuilder’s schedule.

2.4.2.3 Owner shall review and respond to Design Submissions, providing any comments and/or concerns about the Design Submissions.

Owner shall provide all comments on the Design Submissions within the time provided by the Contract Documents. Design-Builder shall revise the Design Submissions (and any other deliverables) in response to Owner’s comments and incorporate said responses into the next submission of Design Submissions.

2.4.2.4 If incorporation of Owner’s comments results in a design that is inconsistent with or otherwise gives rise to a change in Owner’s Project Criteria, the Basis of Design Documents, the Contract Price and/or the Contract Time, Design-Builder shall provide notice thereof in accordance with Articles 9 and 10 of the General Conditions. Changes to the Basis of Design Documents, the Contract Price and/or the Contract Time, including those that are deemed minor changes, shall be processed in accordance with Article 9 of the General Conditions.
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2.4.3 Design-Builder shall submit Construction Documents to Owner setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim Design Submissions, as such submissions may have been modified in a design review meeting and recorded in the meeting minutes. The parties shall have a design review meeting to discuss, and Owner shall review and approve, the Construction Documents in accordance with the procedures set forth in Section

2.4.1 above. Design-Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction.

2.4.4 Owner’s review and approval of interim Design Submissions, meeting minutes, and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner’s review nor approval of any interim Design Submissions, meeting minutes, and Construction Documents shall be deemed to transfer any design liability from Design-Builder to Owner, nor shall it relieve the Design-Builder from its duty to utilize this standard of care in the performance of its duties. Design-Builder shall provide Owner with sufficient time in the Project Schedule to review and approve the Design Submissions.

2.4.5 To the extent not prohibited by the Contract Documents or Legal Requirements, Design-Builder may prepare interim Design Submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. Interim design submissions shall be consistent with the Basis of Design Documents, as the Basis of Design Documents may have been changed through the design process set forth in this Section. On or about the time of the scheduled submissions, Design-Builder and Owner shall meet and confer about the submissions, with Design-Builder identifying during such meetings, among other things, the evolution of the design and any changes to the Basis of Design Documents, or, if applicable, previously submitted design submissions. Following the design review meeting, Owner shall review and approve the interim design submissions and meeting minutes in a time that is consistent with the turnaround times set forth in Design-Builder’s schedule.

2.5 Legal Requirements.

2.5.1 Design-Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements.

2.5.2 Subject to notice and scheduling provisions, where revisions are required to be made to the Construction Documents resulting in a change in the construction because of changes in Legal Requirements, the Contract Price and/or Contract Time(s) may be adjusted to compensate Design-Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement.

This Article 2.5.2 shall not apply where there is a Force Majeure event resulting in changes to the Legal Requirements, in which case, Section 8.3 will apply. 2046
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2.5.3 California Air Resources Board (CARB): The Design-Builder shall comply with the all California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleet Regulation [Title 13 CCR, Division 3, Chapter 9, Article 4.8, as amended, effective 10/1/23] and is responsible for maintaining compliance with said regulations for the duration of Project and for verifying compliance certificates for any subcontractors used throughout the contract term.. The Design-Builder shall acknowledge these requirements and provide compliance certificates with their Proposal.

1. The Design-Builder must obtain copies of the valid Certificates of Reported Compliance for the fleet selected for the contract and their listed subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet.

2. The Design-Builder shall not enter into a contract with a fleet for which it does not have a valid Certificates of Reported Compliance for the fleet and its listed subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet.

3. The Design-Builder shall collect new valid Certificates of Reported Compliance for the current compliance year, between March 1 and June 1 of each year, from all fleets that have an ongoing contract with the DesignBuilder as of March 1 of that year.

2.5.4 ASSET MANAGEMENT
Asset Management Data: The Contractor shall provide all Asset Management Data services per Design Criteria Report.

2.6 Government Approvals and Permits.

2.6.1 Design-Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi-government entity having jurisdiction over the Project as identified in Exhibit F to the Agreement, (Permits and Approvals), .

2.6.2 Design-Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner’s responsibility.

2.7 Design-Builder’s Construction Services.

2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design-Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design-Builder to complete construction of the Project consistent with the Contract Documents.

2.7.2 Design-Builder shall perform all construction activities efficiently and with the requisite expertise, skill and competence to satisfy the requirements of the Contract Documents. Design-Builder shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of 2047
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construction.

2.7.3 Design-Builder shall employ only Subcontractors who are responsible, duly licensed and qualified to perform the Work consistent with the Contract Documents. Design-Builder shall at all times comply with the requirements of Public Contract Code Section 22166 regarding the use of Subcontractors. Prior to the date that Subcontractors perform Work on the Project, Design-Builder shall identify in writing to Owner all Subcontractors. To the extent that Design-Builder has not selected a Subcontractor prior to performing the Work, Design-Builder shall provide Owner in writing a list of any subsequently added Subcontractors prior to their performing Work on the Project. Owner may reasonably object to Design-Builder’s selection of any Subcontractor. Design-Builder may not substitute listed Subcontractors without Owner’s prior written consent; such consent shall not be unreasonably withheld. The Design-Builder shall select or replace the subcontractor in compliance with the Contract requirement, at no cost or time impact to the Owner.

2.7.4 Design-Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts and omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub-Subcontractor, including but not limited to any third-party beneficiary rights.

2.7.5 Design-Builder shall coordinate the activities of all Subcontractors. If Owner performs other work on the Project or at the Site with separate contractors under Owner’s control, Design-Builder agrees to reasonably cooperate and coordinate its activities with those of such separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption.

2.7.6 Design-Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design-Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. Upon Substantial Completion of the Work, or a portion of the Work, Design-Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use.

2.8 Design-Builder Subcontracts

2.8.1 Design-Builder shall use only Responsible (as defined by Public Contract Code section 1103) and qualified Subcontractors and material suppliers. Unless previously identified in Design-Builder’s Proposal, before making an award to a Subcontractor or material supplier, the Design-Builder shall identify in writing to the Owner the name, qualifications, experience, contact and licensing information, and scope of work for each proposed Subcontractor or material supplier. The DesignBuilder shall provide the Owner with a letter which provides all necessary information demonstrating that the proposed subcontractor or material supplier satisfies the Contract requirements, including but not limited to, insurance provisions. If requested, Design-Builder will promptly provide additional 2048
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information requested by Owner pending concurrence from Owner. The Owner reserves the right, which shall be exercised in good faith, to reasonably deny or remove a Subcontractor, Sub-subcontractor, or material supplier in the event the Owner determines that the Subcontractor, Sub-subcontractor, or material supplier is not Responsible, or that the subcontractor or material supplier fails to satisfy or violates the requirements under the Contract Documents. Nothing herein shall be construed to relieve the Design-Builder from its obligations to properly manage, supervise, schedule, or coordinate its Subcontractors and material suppliers.

2.8.2 All subcontracts will be between the Design-Builder and the Subcontractors.

Subcontracts shall be in writing to protect Owner from impacts and claims arising from the Work. A copy of every subcontract shall be furnished to Owner upon request. The Design-Builder shall be responsible to Owner for the acts and omissions of its agents and employees, suppliers, Subcontractors, and Subsubcontractors performing work under a contract with the Design-Builder, and of its lower tier subcontractors, agents or employees. The Design-Builder shall require each Subcontractor to be bound to the Design-Builder by the terms of the Contract Documents, and to assume toward the Design-Builder all applicable obligations and responsibilities which the Design-Builder, by these Contract Documents, assumes toward Owner. Said Contract shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the Subcontractors that the subcontracting thereof will not prejudice such rights. Where appropriate, the Design-Builder shall require each Subcontractor to enter into similar Contracts with the Sub-subcontractors. The Design-Builder shall make available to each proposed Subcontractor, prior to the execution of the subcontract, copies of the Contract Documents and the Contractor’s Construction Schedule, to which the Subcontractor shall similarly make copies of such Contract Documents available to their Sub-subcontractors.

Each Subcontractor will be bound by this Article. Subcontractors also shall be provided access to all Requests for Information (RFI’s), Schedule Updates, and any other information that arises during the performance of the Work. No subcontract or purchase order shall bind or purport to bind Owner. Each subcontract or purchase order shall provide, without requiring the prior consent of the relevant Subcontractor or supplier, for assignment and delegation of such subcontract or purchase order by Design-Builder to Owner in the event of a default by the Design-Builder. If Owner elects to assume by assignment any subcontract or purchase order as described in this Article, then Design-Builder shall enter into reasonable assignment documentation requested by Owner which may be required to effect such assignment.

2.8.3 Subject to Public Contract Code Section 22166, the Design-Builder shall make no substitution for any Subcontractor, person or entity previously selected without the prior written concurrence of Owner which will not be unreasonably withheld.

2.9 Design-Builder’s Responsibility for Project Safety.

2.9.1 Design-Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, 2049
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whether working or visiting; (ii) the Work, including materials and equipment incorporated into the Work or stored on-Site or off-Site; and (iii) all other property at the Site or adjacent thereto. Design-Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design-Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work. Unless otherwise required by the Contract Documents, Design-Builder’s Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project in addition to safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design-Builder’s personnel, Subcontractors and others as applicable.

2.9.2 Design-Builder and Subcontractors shall comply with all Legal Requirements relating to safety, including but not limited to, all pertinent safety laws and regulations and orders of the State of California, Department of Industrial Relations, Division of Industrial Safety, and U.S. Department of Labor, OSHA, as well as any Owner-specific safety requirements set forth in the Contract Documents, provided that such Owner-specific requirements do not violate any applicable Legal Requirement. Design-Builder will immediately report in writing any safety-related injury, loss, damage or accident arising from the Work to Owner’s Representative and, to the extent mandated by Legal Requirements, to all government or quasi-government authorities having jurisdiction over safetyrelated matters involving the Project or the Work.

2.9.3 Design-Builder’s responsibility for safety under this Section is not intended in any way to relieve Subcontractors and Sub-Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters; and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injuries, losses, damages or accidents resulting from their performance of the Work.

2.9.4 The Design-Builder shall conduct all operations in a manner that will cause no interference with normal operations of the Owner. In all operations, the DesignBuilder shall be governed by the regulations and rules of Owner and shall cooperate fully with Owner. All temporary blockages for the movement of construction materials or equipment shall be coordinated with and approved by Owner at least forty-eight (48) working hours in advance of any closure. The Design-Builder shall provide and maintain temporary and permanent fences, barriers, lights, bridges, and signs and provide such flaggers and guards as necessary to give adequate warning to the public and all individuals on or using the premises.

2.9.5 Within ten (10) Days after the date of the Notice to Proceed and before moving vehicles onto the Project Site, the Design-Builder shall submit to Owner the proposed Plan for vehicular and pedestrian traffic circulation, including the 2050
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location and types of signs to be used. Thereafter, and not later than fifteen (15) Days prior to subsequent changes required by Owner for said circulation, sign locations and types, the Design-Builder shall submit revised plans to Owner.

2.9.6 The Design-Builder shall conduct the operations in a manner that avoids injury or damage to adjacent property and improvements. Property such as, but not limited to, buildings, trees, shrubbery, lawns, pole lines, fences, guard rails, guide posts, culvert and Project markers, signs, structures, and other objects on or adjacent to the Project Site, that are not designated for removal, shall be protected from injury or damage. If damaged or removed due to Design-Builder's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. When ordered by Owner, the DesignBuilder shall provide and install suitable safeguards to protect any object from injury or damage.

2.10 Design-Builder’s Warranty.

2.10.1 Design-Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship.

2.10.2 All Work shall be warranted by the Design-Builder against defective workmanship and materials for the warranty period specified elsewhere in the Contract or one (1) year after the date of the Final Acceptance of the Work by Owner, whichever is later. Neither Final Acceptance nor the final payment nor any provision in the Contract Documents shall relieve the Design-Builder of responsibility for faulty material or quality of Work. The Design-Builder shall replace or repair any such defective Work in a manner satisfactory to Owner, after notice to do so from Owner and within the time specified in the notice.

2.10.3 Disclaimers and Limitations: Manufacturer’s disclaimers and limitations on product warranties do not relieve Design-Builder of warranty on work that incorporates products. Manufacturer’s disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with Design-Builder.

2.10.4 Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction.

2.10.5 Reinstatement of Warranty: When work covered by warranty has failed and been corrected by replacement or rebuilding, reinstate warranty by written endorsement. Reinstated warranty shall be equal to original warranty with equitable adjustment for depreciation.

2.10.6 Replacement Cost: Upon determination that work covered by warranty has failed, replace or rebuild work to acceptable condition complying with requirements 2051
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of Contract Documents. Design-Builder is responsible for cost of replacing or rebuilding defective work regardless of whether Owner has benefited from use of work through portion of its anticipated useful service life.

2.10.7 Warranty for labor and materials required by the Contract Documents shall have their warranty period begin on the date of Final Acceptance or beneficial use by Owner for a period of one (1) year or as covered by special warranties, whichever is longer. As to any portion of the Project that has been constructed, or had required equipment installed, “Beneficial use” means that such constructed portion, or installed equipment, is ready for its intended use, even though completion of minor “punch-list” items that do not affect the intended use, may be pending. Design-Builder’s performance and payment bonds shall remain in effect throughout the warranty periods set forth in this Article. The Design-Builder shall provide any and all technical support necessary to provide oversight, training and coordination of Owner personnel who perform the maintenance for installations performed under these specifications such that the Warranty durations specified in those sections and elsewhere in the Contract Documents will not begin until Final Acceptance of all work required by the Contract. All arrangements required to be made with any supplier shall be made by the Design-Builder.

2.10.8 The Design-Builder shall replace or repair any such defective work in a manner satisfactory to Owner, after notice to do so from Owner and within the time specified in the notice.

2.10.9 Expressed warranties made to Owner are in addition to implied warranties and shall not limit duties, obligations, rights, and remedies otherwise available under law. Expressed warranty periods shall not be interpreted as limitations on time in which Owner can enforce such other duties, obligations, rights, or remedies.

2.10.10 Expressed warranties made to Owner shall not deprive Owner of other rights Owner may have under other provisions of Contract Documents and are in addition to and run concurrent with other warranties made by Design-Builder under requirements of Contract Documents.

2.10.11 Rejection of Warranties: Owner reserves right to reject warranties and to limit selection to products with warranties not in conflict with requirements of Contract Documents.

2.10.12 Where Contract Documents require special warranty, or similar commitment on work or part of work, Owner reserves right to refuse to accept work, until Design-Builder presents written evidence that entities required to countersign such commitments have done so or are willing to do so.

2.10.13 Warranty Submittals: Submit written warranties to Owner prior to date certified for Substantial Completion.

2.10.14 When a designated portion of work is completed and occupied or used by Owner, by separate agreement with Design-Builder during construction 2052
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period, submit properly executed warranties to Owner within fifteen (15) days of completion of that designated portion of work.

2.10.15 When Contract Documents require Design-Builder, or DesignBuilder and subcontractor, supplier or manufacturer to execute special warranty, prepare written document that contains appropriate terms and identification, ready for execution by required parties. Submit draft to Owner, for approval prior to final execution.

2.10.16 Form of Submittal: At Final Completion compile two (2) copies of each required warranty properly organized and executed by Design-Builder, or by Design-Builder, subcontractor, supplier, or manufacturer.

2.11 Correction of Defective Work.

2.11.1 Design-Builder agrees to correct any Work that is found to not be in conformance with the Contract Documents, including that part of the Work subject to Section 2.9 hereof, within a period of one year from the date of Final Acceptance of the Work, or within such longer period to the extent required by any specific warranty included in the Contract Documents.

2.11.2 Design-Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design-Builder fails to commence the necessary steps within such seven (7) day period, Owner, in addition to any other remedies provided under the Contract Documents, may provide Design-Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design-Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day period identified herein shall be deemed inapplicable.

2.11.3 The one-year period referenced in Section 2.10.1 above applies only to Design-Builder’s obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design-Builder’s other obligations under the Contract Documents.

2.12 Construction Coordination and Schedule

2.12.1 General
A. Administrative and procedural requirements for planning, monitoring, and documenting the progress of construction during performance of the Work, including the following:

1. 60-day startup construction schedule;

2. Contractor’s Construction Schedule; and
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3. Construction Progress Schedule reports.

2.12.2 Definitions
A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources.

1. Critical Activity: An activity on the critical path that must start and finish on the planned early start and finish times.

2. Predecessor Activity: An activity that precedes another activity in the network.

3. Successor Activity: An activity that follows another activity in the network.

B. Cost Loading: The allocation of the schedule of values for the completion of an activity as scheduled. The sum of costs for all activities must equal the total Contract Sum unless otherwise accepted by the Owner.

C. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships.

Network calculations determine when activities can be performed and the critical path of Project.

D. Critical Path: The longest connected chain of interdependent activities through the network schedule that establishes the minimum overall Project duration and contains no float.

E. Day: Calendar Day unless specifically noted as Work Day.

F. Event: The starting or ending point of an activity.

G. Float: The measure of leeway in starting and completing an activity.

1. Float time is not for the exclusive use or benefit of either City or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to meet schedule milestones and Contract completion date.

2. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the successor activity.

3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date.

4. Use of float suppression techniques such as software constraints, preferential sequencing, special lead/lag logic restraints, extended activity times, or imposed dates, other than as required by the Contract, shall be cause for the rejection of any schedule submitted by the Contractor. 2054
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H. Resource Loading: The allocation of manpower and equipment necessary for the completion of an activity as scheduled.

2.12.3 Submittals
A. Submittals shall include shop drawings and a schedule for delivery, including fabrication time.

B. Format for Submittals: Submit required submittals in the following format:

1. PDF electronic schedule file.

2. Working electronic copy of schedule file.

3. PDF file of narrative reports.

C. Submit a startup construction schedule within 15 days after receipt of the Owner's Notice to Proceed for Phase 2 Services, submit a preliminary schedule indicating planned operations during first 60 days of Phase 2.

1. Include cost of activities expected to be completed before submission and acceptance of the complete schedule.

2. Acceptance of cost-loaded, construction startup schedule will not constitute acceptance of schedule of values for cost-loaded activities.

3. The startup schedule shall include a schedule for the procurement of materials and equipment and a schedule for Submittals.

D. Submit a complete Contractor’s Construction Schedule (Baseline) in compliance with Section 2.12.6 with a network diagram within 30 days after receipt of the Owner's Notice to Proceed for Phase 2 Services. Show the complete network analysis system with logic ties for all major activities.

1. Size: as required to display entire network for entire construction period.

2. This schedule submittal will be reviewed by the Owner and returned to the Design-Builder within thirty (30) Days after submission. After receipt of review comments, Design-Builder shall resubmit a mutually acceptable system.

E. Submit a working electronic copy Contractor's Construction Schedule using software indicated in this Section, and labeled to comply with requirements for submittals. Provide hard copy in size able to display entire schedule for entire construction period.

F. Submit each of the reports listed following concurrent with CPM schedule. For each activity in reports include activity number, activity description, cost, original duration, remaining duration, early start date, early finish date, late start date, late finish date, and total float in calendar days.
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1. Activity Report: List of all activities sorted by activity number and then early start date, or actual start date if known.

2. Logic Report: List of preceding and succeeding activities for all activities, sorted in ascending order by activity number and then early start date, or actual start date if known.

3. Total Float Report: List of all activities sorted in ascending order of total float.

4. Earnings Report: Compilation of Contractor's total earnings from the Notice to Proceed until most recent Application for Payment.

5. Critical path layout and report.

G. Submit a Narrative Report with each schedule submittal describing the following:

1. Project duration and variation from schedule;

2. Schedule status;

3. Milestone summary;

4. Critical Path Analysis;

6. Schedule progress;

7. Started, in-progress, and completed activities;

8. Change Notices and RFI’s;

9. Delays and Impacts;

10. Weather conditions;

11. Progress photos.

H. Submit Construction Progress Schedule with each Application for Payment indicating progress on all activities and implications on overall schedule.

Construction Progress Schedule (monthly schedule update) is meant to only monitor the actual progress of work relative to the approved Baseline Schedule. It is not a substitute to the approved Baseline Schedule. Any schedule update that changes logic and duration or Contract Completion Date of the approved Baseline Schedule is not acceptable. Approved Baseline Schedule shall only be revised or superseded by a dully executed Revised Baseline Schedule Change Order.

I. Submit Recovery Schedule when periodic update indicates the Work is 21or more calendar days behind the current accepted schedule, indicating means by which Contractor intends to regain compliance with the schedule. 2056
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1. The Contractor shall take all necessary measures to make up for such delay either by increasing staff, plant or facilities, or by amending its Work methods, whichever is applicable, with no change to the Contract Price.

2. Indicate changes to working hours, working days, crew sizes, and equipment required to achieve compliance, and date by which recovery will be accomplished.

2.12.4 Quality Control and Quality Assurance:

A. Comply with the requirements specified in the Contract Documents for Quality Assurance and Quality Control Requirements.

B. Scheduler Qualifications: An experienced scheduler in CPM scheduling and reporting, with capability of producing CPM reports and diagrams within 24 hours of Owner's request.

C. Preconstruction Conference: Refer to Section 2.1.16. Review methods and procedures related to the preliminary construction schedule and Contractor's construction schedule, including the following:

1. Review software limitations and content and format for reports.

2. Verify availability of qualified personnel needed to develop and update schedule.

3. Discuss constraints, including phasing, interim milestones and maintaining WWTP operation.

4. Review delivery dates for City-furnished products.

5. Review schedule for work of City's separate contracts.

6. Review submittal requirements and procedures.

7. Review time required for review of submittals and resubmittals.

8. Review requirements for tests and inspections by independent testing and inspecting agencies.

9. Review time required for Project closeout and City startup and commissioning activities.

10. Review and finalize list of construction activities to be included in schedule.

11. Review procedures for updating schedule.

12. Review site safety, security, site access, operation hours, environmental monitoring, permits and requirements.
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2.12.5 Coordination:

A. The Contractor has the obligation and responsibility at all times to plan and monitor all of its activities, anticipating and scheduling its staff, subcontractors at all tiers, materials, plant and Work methods in a manner that is likely to ensure completion of the Work in accordance with the terms and conditions of the Contract.

B. Contractor will coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. Contractor must notify Owner when equipment of components arrive, or are expected to arrive; their assistance may be needed in uncrating or exposing materials for inspection.

C. Coordinate Contractor's Construction Schedule with the Schedule of Values, submittal schedule, progress reports, payment requests, and other required schedules and reports.

1. Secure time commitments for performing critical elements of the Work from entities involved.

2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence.

D. The Contractor must have the scheduler onsite regularly or in collaboration with someone onsite. The Project Manager or Project Engineer can serve this role for the Contractor.

2.12.6 Contractor’s Construction Schedule:

A. Time Frame: Extend schedule from date established for Notice to Proceed for Phase 2 to date of Substantial Completion.

1. Contract completion date shall not be changed by submission of a schedule that shows an early completion date, unless specifically authorized by Change Order.

B. Activities: Establish a separate numbered activity for each main element of the Work. Comply with the following:

1. Activity Duration: Define activities so no activity is longer than 20 days, unless specifically allowed by Owner. The durations shall be determined based upon resource planning under contractually-defined on-site work conditions. The Owner may require that the duration of major activities be calculated by the scheduling software based on of the planned rate of daily production. In calculating activity durations, normal inclement weather shall be considered.

2. Critical Path Activities: Include procurement process activities for long lead 2058
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items and major items, requiring a cycle of more than 60 days, as separate activities in schedule. Critical path cycle activities include, but are not limited to, submittals, acceptance, purchasing, fabrication, and delivery.

3. Submittal Review Time: Include review and resubmittal times indicated in Submittal Requirements, in schedule. Coordinate submittal review times in Contractor’s construction schedule with submittal schedule. Contractor must submit all submittals 90 days prior to startup to allow for review and approval by the Owner, unless another time frame is specified elsewhere in the Contract Documents.

4. Startup and Testing Time: Include no fewer than 30 days for startup and testing. Include a pre-commissioning meeting to discuss plan with the Owner 3 to 6 months before startup and testing is scheduled to begin.

5. Substantial Completion: Indicate completion in advance of date established for Substantial Completion, and allow no fewer than 30 days for Owner’s administrative procedures necessary for certification of Substantial Completion.

6. Punch List and Final Completion: Include not more than 45 days for completion of punch list items and final completion.

C. Constraints: Include constraints and work restrictions indicated in the Contract Documents and as follows in schedule, and show how the sequence of the Work is affected.

1. Phasing: Arrange list of activities on schedule by phase.

2. Products Ordered in Advance: Include a separate activity for each product, including delivery dates. Delivery dates should stipulate the earliest possible delivery date.

3. Work Restrictions: Show the effect of the following items on the schedule:
(a) Coordination with existing construction;
(b) Limitations of continued occupancies;
(c) Uninterruptible services;
(d) Partial occupancy before Substantial Completion;
(e) Use of premises restrictions;
(f) Provisions for future construction;
(g) Seasonal variations and inclement weather;
(h) Environmental control/ permitting;
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(i) Specified work sequences and constraints; and
(j) Site access, security, and rights of adjacent neighbors.

4. Work Stages: Indicate important stages of construction for each major portion of the Work, including, but not limited to, the following:
(a) Subcontract awards;
(b) Submittals;
(c) Purchases;
(d) Mockups;
(e) Fabrication;
(f) Sample testing;
(g) Deliveries;
(h) Installation;
(i) Functional testing;
(j) Start-up;
(k) Commissioning;
(l) Performance testing;
(m) Training;
(n) Tests and inspections;
(o) Adjusting;
(p) Curing;
(q) Startup and placement into final use and operation; (r) Project closeout and final cleaning; and
(s) Demobilization.

5. Construction Areas: Identify each major area of construction for each major portion of the Work. Indicate where each construction activity within a major area must be sequenced or integrated with other construction activities to provide for the following:
(a) Earthworks and excavation;
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(b) Structural completion;
(c) Completion of mechanical installation;
(d) Completion of electrical and instrumentation installation; (e) Completion of SCADA integration;
(f) Functional testing;
(g) Start-up;
(h) Commissioning;
(i) Performance testing;
(j) Training; and
(k) Substantial Completion.

6. Other constraints and Work Restrictions.

D. Milestones: Include milestones indicated in the Contract Documents in schedule, including, but not limited to, the Notice to Proceed, proposed Shutdowns, Substantial Completion, and Final Completion, and the appropriate interim milestones.

E. Computer Scheduling Software: Prepare schedules using current version of a program that has been developed specifically to manage construction schedules.

7. Use Primavera P6.

8. Settings: The Contractor is required to provide to the Owner all of the software settings it has used in the baseline schedules and updates.

Examples of the information required are: Calendar settings, User Preferences, Administrative Preferences, Schedule Settings, etc.

9. Contractor must incorporate separate calendars as appropriate to identify all tasks subject to permits and work restrictions described in the specifications.

F. Contract Modifications:

1. For each proposed contract modification that may impact the overall schedule, prepare a time-impact analysis using a network fragnet to demonstrate the effect of the proposed change on the overall project schedule. Logically connect approved Contract changes into the CPM schedule. Each change will be identified by number and description, and activities/milestones will be added to record the following:
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(a) Date the change was identified;
(b) Date the change was priced (if applicable); and
(c) Start and finish dates of the changed Work.

2. Extensions of the Contract Times must be substantiated by a complete schedule demonstration showing the cause and effect of the relevant issue on the then-current critical path.

3. Contract modification proposals must be submitted by the contractor within 5 working days or the next weekly meeting. Contract modification proposals must be submitted in writing and documented via email or letter.

G. Initial Issue of Schedule: Prepare initial network diagram from a sorted activity list indicating straight "early start-total float." Identify critical activities. Prepare tabulated reports showing the following:

1. Contractor or subcontractor and the Work or activity;

2. Description of activity;

3. Main events of activity;

4. Immediately preceding and succeeding activities;

5. Early and late start dates;

6. Early and late finish dates;

7. Activity duration in workdays;

8. Total float or slack time;

9. Average size of workforce; and

10. Dollar value of activity (coordinated with the schedule of pay items).

H. Schedule Updating: The CPM Progress Schedule shall show the projected completion date of the Work based on the progress information inserted into it, without changes to the schedule logic or the original duration of any activity. The Contractor shall use the retained logic option when executing schedule calculation.

The Contractor should update the schedule monthly to reflect changes and show accurate timelines. Concurrent with making revisions to schedule, prepare tabulated reports showing the following:

1. Identification of activities that have changed;

2. Changes in early and late start dates;
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3. Changes in early and late finish dates;

4. Changes in activity durations in workdays;

5. Changes in the critical path;

6. Changes in total float or slack time; and

7. Changes in the Contract Time.

I. Value Summaries: Prepare two cumulative value lists, sorted by finish dates.

1. In first list, tabulate activity number, early finish date, dollar value, and cumulative dollar value.

2. In second list, tabulate activity number, late finish date, dollar value, and cumulative dollar value.

3. In subsequent issues of both lists, substitute actual finish dates for activities completed as of list date.

4. Prepare list for ease of comparison with payment requests; coordinate timing with progress meetings.
(a) In both value summary lists, tabulate "actual percent complete" and "cumulative value completed" with total at bottom.

2.12.7 Contractor’s Look-Ahead Schedules:

A. Contractor will develop and maintain a detailed look-ahead schedule and follow the following procedures:

1. Contractor shall list all completed, in progress, and upcoming activities for previous week, the current week, and the next two weeks upcoming;

2. Contractor shall show significant activities with actual start and completion dates;

3. Contractor shall present the look-ahead schedule at the weekly progress meetings as described in Project Meetings.

2.12.8 Acceptance of Schedules:

1. Owner review and acceptance of schedules does not waive any contract requirements and does not relieve the Design-Builder of any obligation or responsibility for submitting complete and accurate information.

2. If the Design-Builder fails to submit any of the schedule submittals, or to meet the scheduling requirements, including but not limited to update 2063
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requirements, for a period of thirty (30) Days or more beyond the required submittal date, progress payments may be withheld until such time as the Design-Builder submits the required scheduling submittals in compliance with the Contract Documents.

Article 3
Owner’s Services and Responsibilities

3.1 Duty to Cooperate.

3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design-Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design-Builder’s timely and efficient performance of the Work and so as not to delay or interfere with Design-Builder’s performance of its obligations under the Contract Documents.

3.1.2 Owner shall provide timely reviews and approvals of interim Design Submissions and Construction Documents consistent with the turnaround times set forth in Design-Builder’s schedule.

3.1.3 Owner shall give Design-Builder timely notice of any Work that Owner notices to be defective or not in compliance with the Contract Documents.

3.2 Furnishing of Services and Information.

3.2.1 Notwithstanding the provision of certain documents from the Owner, the Design-Builder shall investigate the Project Site to ascertain conditions affecting necessary procedure and sequence of work operations for execution of the Contract, and to ascertain Project Site conditions, character, quality and quantity of surface and subsurface materials that will be encountered. The Design-Builder shall verify all dimensions in the field and shall check field conditions continuously during construction. Owner assumes no responsibility whatsoever in respect to the Design-Builder's interpretation of subsurface investigations. There is no guarantee or warranty, either expressed or implied, that conditions indicated in the Contract Documents, are representative of those existing throughout the Work, or any part of it, or that unexpected developments may not occur.

3.2.2 All soil and test hole data, groundwater elevations, and soil analyses shown on the Plans or included in the Contract Documents apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of Owner. Additional subsurface exploration may be performed by the Design-Builder at its own expense.

3.2.3 The indicated groundwater elevation is that which existed on the date specified in the data. It is the Design-Builder’s responsibility to determine and allow for the groundwater elevation on the date the Work is performed. A difference in 2064
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groundwater elevation between what is shown in the soil boring logs and what is actually encountered during construction will not be considered as a basis for extra work.

3.2.4 If discovery is made of items of archaeological or paleontological interest, the Design-Builder shall immediately cease excavation in the area of discovery and shall not continue until ordered by Owner. When resumed, excavation operations within the area of discovery shall be as directed by Owner. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implementations or other artifacts, animal bones, human bones, and fossils.

3.2.5 Rights of entry for the Work will be provided by Owner pursuant to the Contract Documents. Unless otherwise provided in the Contract Documents, the Design-Builder shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities that may be temporarily required to perform the Work. The Design-Builder shall indemnify and hold Owner harmless from all claims for damages caused by such actions.

3.3 Financial Information.

3.3.2 Design-Builder shall cooperate with the reasonable requirements of Owner’s lenders or other financial sources. Notwithstanding the preceding sentence, after execution of the Agreement Design-Builder shall have no obligation to execute for Owner or Owner’s lenders or other financial sources any documents or agreements that require Design-Builder to assume obligations or responsibilities greater than those existing obligations Design-Builder has under the Contract Documents.

3.4 Owner’s Representative.

3.4.1 Owner’s Representative shall be responsible for providing Owner-supplied information and approvals in a timely manner to permit Design-Builder to fulfill its obligations under the Contract Documents. Owner’s Representative shall also provide Design-Builder with prompt notice if it observes any failure on the part of Design-Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Owner’s Representative shall communicate regularly with Design-Builder and shall be vested with the authority to act on behalf of Owner.

3.5 Government Approvals and Permits.

3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in the Permits and Approvals, attached as Exhibit E to the Agreement.

3.5.2 Owner shall provide reasonable assistance to Design-Builder in obtaining those permits, approvals and licenses that are Design-Builder’s responsibility.

3.6 Owner’s Other Contractors.

3.6.1 Subject to the Design-Builder’s coordination responsibilities of Other 2065
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Contractors pursuant to Article 2.1.9, Owner is responsible for all work performed on the Project or at the Site by Other Contractors under Owner’s control. In addition to Design-Builder’s coordination obligations, Owner shall assist the Design-Builder and request that Other Contractors cooperate with, and coordinate their activities so as to enable Design-Builder to timely complete the Work consistent with the Contract Documents.

Article 4
Hazardous Conditions and Differing Site Conditions

4.1 Hazardous Conditions.

4.1.1 Except as otherwise permitted in the Contract Documents, the DesignBuilder agrees to accept sole responsibility for full compliance with any and all applicable present and future rules, regulations, restrictions, ordinances, statutes, laws and/or other orders of any governmental entity regarding the use, storage, handling, distribution, processing and/or disposal of hazardous wastes, extremely hazardous wastes, hazardous substances, hazardous materials, hazardous chemicals, toxic chemicals, toxic substances, pollutants, contaminants, or other similarly regulated substances (hereinafter referred to as "hazardous substances") regardless of whether the obligation for such compliance or responsibility is placed on the Owner of the land, on the Owner of any improvements on the premises, on the user of the land, or on the user of the improvements. Said hazardous substances shall include, but shall not be limited to gasoline, diesel and other fuels, lubricating oils and solvents.

4.1.2 Except for claims arising from Owner’s sole or active negligence or willful misconduct, the Design-Builder agrees that any damages, penalties or fines levied against Owner and/or the Design-Builder as a result of noncompliance with any of the above shall be the sole responsibility of the Design-Builder and, further, that the Design-Builder shall indemnify and pay and/or reimburse Owner for any damages, penalties or fines that Owner incurs, or pays, as a result of DesignBuilder’s noncompliance with this General Condition.

4.1.3 In the case of any hazardous substance spill, leak, discharge or improper storage on the premises, or contamination of same, by action or inaction of the Design-Builder, or anyone directly or indirectly employed or under contract to the Design-Builder, the Design-Builder agrees to make, or cause to be made, any necessary repairs or corrective actions, as well as to clean up and remove any leakage, contamination or contaminated ground. In the case of any hazardous substance spill, leak, discharge or contamination caused in whole or part by the Design-Builder, or by any of its subcontractors, employees, or agents, which affects Owner’s property, or property (ies) of Owner's tenant(s), the Design-Builder agrees to make, or cause to be made, any necessary repairs, or take corrective actions, to clean-up and remove any such spill, leakage or contamination to the extent required by applicable law or regulation.
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4.1.4 If, after reasonable notice, the Design-Builder fails to repair, clean-up, properly dispose of, or take any other corrective action(s) as required by the Contract Documents, Owner may (but shall not be required to) take all steps it deems reasonably necessary to properly repair, clean-up or otherwise correct the condition(s) resulting from the spill, leak or contamination. Any such repair, cleanup or corrective action(s) taken by Owner shall be at Design-Builder's sole cost and expense, including any and all costs (including any administrative costs) which Owner incurs, or pays, as a result of any repair, clean-up or corrective action it takes.

4.1.5 If the Design-Builder installs or uses already installed underground storage tanks, pipelines or other improvements on the specified premises for the storage, distribution, use, treatment or disposal of any hazardous substances, the DesignBuilder agrees, upon the expiration and/or termination of this Contract, to remove and/or clean up, at the sole option of Owner, the above-referred to improvements.

Said removal and/or clean-up shall be at Design-Builder's sole cost and expense, and shall be undertaken and completed in full compliance with all federal, state and local laws and regulations, as well as in compliance with the reasonable directions of Owner. Design-Builder shall promptly supply Owner with copies of all notices, reports, correspondence and submissions made by the Design-Builder to any governmental entity regarding any hazardous substance spill, leak, discharge or clean-up, including all tests results.

4.1.6 Notwithstanding the foregoing sections of this General Condition:

4.1.6.1 Design-Builder shall not be held responsible for the presence or remediation of asbestos, asbestos-related materials, or any other hazardous substance, in any form whatsoever, as such materials and substances are defined by the Environmental Protection Agency or any other public authority, found on any property or structure that is the subject of services performed by Design-Builder under the Contract.

4.1.6.2 The Design-Builder’s obligation to remediate hazardous substances is limited to the Work identified in the Contract Documents.

The Design-Builder has no obligation to identify, abate and/or remediate hazardous substances not directly affected by the Work; however, the Design-Builder will identify, abate and/or remediate hazardous substances not included in the scope of work as directed in writing by Owner.

4.1.6.3 The Design-Builder will be compensated for approved additional costs resulting from changes in regulations, restrictions, ordinances, statutes, laws and/or other orders of any governmental entity regarding the use, storage, handling, distribution, processing and/or disposal of hazardous wastes, extremely hazardous wastes, hazardous substances, hazardous materials, hazardous chemicals, toxic chemicals, toxic substances, pollutants, contaminants, or other similarly regulated substances.

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removed as part of the Design-Builder’s work, and title shall not transfer to the Design-Builder. Owner agrees to sign all manifests as Owner of all such pre-existing hazardous substances. Hazardous substances introduced onto the Project Site by the Design-Builder shall remain titled to the DesignBuilder.

4.1.7 This General Condition and the obligation(s) contained therein, shall survive the expiration or earlier termination of this Contract.

4.2 Differing Site Conditions.

4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unknown and unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work, are collectively referred to herein as “Differing Site Conditions.” The Design-Builder shall immediately, and before any of the following conditions are disturbed, notify Owner, first verbally and later within seven (7) days of the verbal notification, with a properly documented notice.

4.2.2 Upon encountering a Differing Site Condition, Design-Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than 21 calendar days after such condition has been encountered. Design-Builder shall, to the extent reasonably possible, provide such notice before the Differing Site Condition has been substantially disturbed or altered. Upon confirmation of a Differing Site Condition the Design Builder shall provide detailed technical and cost information to the Owner.

4.2.2 Owner shall investigate such conditions, and if it finds that such conditions do materially differ and could not have been discovered, or reasonably inferred, from the Contract Documents or a thorough inspection of the Project Site by the Design-Builder, and such conditions cause an impact to the Contract pricing, or Work Completion Time, Owner may issue a Change Directive.

4.2.3 If the Design-Builder has not fully complied with the documentation and submittal requirements of the Contractor Potential Change Notice in accordance with the Contract, the Design-Builder shall be deemed to have waived its right to assert a claim for any adjustment to the Contract pricing, or Work Completion Time arising out of such differing Project Site conditions.

4.2.4 Should an agreement not be reached on a Change Order, pursuant to Article 9, the Owner may issue a Change Directive to have the Work performed.

Such an Order is unilateral and the Work will be performed on a Time and Material basis. The Design-Builder shall be required to keep detailed records of all costs related to performing the Work and compensation for said work will be reconciled in a Change Order upon agreement of a lump sum price or completion of the Work, whichever occurs first.
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Article 5
Insurance and Bonds

5.1 Design-Builder’s Insurance Requirements.

5.1.1 Design-Builder is responsible for procuring and maintaining the insurance for the coverage amounts all as set forth in the Insurance Exhibit H to the Agreement. Coverage shall be secured from insurance companies authorized to do business in the state in which the Project is located, and with a minimum rating set forth in the Insurance Exhibit H.

5.1.2 Design-Builder’s insurance policies shall specifically delete any designbuild or similar exclusions that could compromise coverage’s because of the design-build delivery of the Project.

5.1.3 Prior to commencing any design and construction services hereunder, Design-Builder shall provide Owner with certificates and pertinent additional insured and other endorsements evidencing that (i) all insurance obligations required by the Contract Documents are in full force and in effect and will remain in effect for the duration required by the Contract Documents; and (ii) no insurance coverage will be canceled, renewal refused, or materially changed unless at least thirty (30) days’ prior written notice is given to Owner and all other insureds. If any of the foregoing insurance coverage’s is required to remain in force after final payment additional certificate(s) and endorsement(s) evidencing continuation of such coverage shall be submitted with the Final Application for Payment.

5.3.5 Owner and Design-Builder waive against each other and Owner’s separate contractors, Design Consultants, Subcontractors, agents and employees of each and all of them, all damages covered by property insurance provided herein, except such rights as they may have to the proceeds of such insurance. DesignBuilder and Owner shall, where appropriate, require similar waivers of subrogation from Owner’s separate contractors, Design Consultants and Subcontractors and shall require each of them to include similar waivers in their contracts. These waivers of subrogation shall not contain any restriction or limitation that will impair the full and complete extent of its applicability to any person or entity unless agreed to in writing prior to the execution of this Agreement.

5.2 Bonds and Other Performance Security.

5.2.1 If Owner requires Design-Builder to obtain performance and labor and material payment bonds, or other forms of performance security, the amount, form and other conditions of such security shall be as set forth in the Agreement.

5.2.2 The Design-Builder shall file surety bonds with Owner to be approved by the City and/or its counsel in the amount and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S. Department of Treasury 2069
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Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660(a). The Design-Builder shall pay all bond premiums, costs, and incidentals.

5.2.3 The Design-Builder shall provide Payment and Performance bonds on forms provided by Owner. The “Payment Bond” (Material and Labor bond) shall be for 100 percent (100%) of the Contract price, as amended from time to time, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work.

5.2.4 The Performance Bond shall be for one hundred percent (100%) of the Contract price as amended from time to time. The Design-Builder shall submit all bonds within fifteen (15) calendar days of the award of Contract.

5.2.5 Should any bond become insufficient, the Design-Builder shall renew the bond within 10 days after receiving notice from Owner.

5.2.6 Should any surety at any time be unsatisfactory to the Owner, notice will be given the Design-Builder to that effect. No further payment shall be deemed due or will be made under the Contract until a new surety shall qualify and be accepted by the Owner.

5.2.7 Changes in the Work or extensions of time made pursuant to the Contract shall in no way release the Design-Builder or surety from its obligations. Notice of such changes or extensions shall be waived by the surety.

Article 6
Payment

6.1 Schedule of Values.

6.1.1 Unless required by Owner upon execution of this Agreement, within ten (10) days of execution of the Agreement, Design-Builder shall submit for Owner’s review and approval a schedule of values for all of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts; (ii) include values for all items comprising the Work; and (iii) serve as the basis for monthly progress payments made to Design-Builder throughout the Work.

6.1.2 Owner will timely review and approve the schedule of values so as not to delay the submission of Design-Builder’s first application for payment. Owner and Design-Builder shall timely resolve any differences so as not to delay DesignBuilder’s submission of its first application for payment.

6.2 Monthly Progress Payments.

6.2.1 On or before the date established in the Agreement, Design-Builder shall submit for Owner’s review and approval its Application for Payment requesting 2070
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payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents , including but not limited to:

6.2.1.1 Unconditional releases of lien in the statutory form for all subcontractors and suppliers, through the prior payment application.

6.2.1.2 Actual invoices for materials and equipment must be submitted with the Application for Payment (for cost reimbursable contracts). i. Unless otherwise provided in the Contract Documents, up to eighty percent (80%) of the invoiced amount may be paid on account of materials and equipment delivered and suitably stored at the Project Site for subsequent incorporation in the Work.
ii. Payment will not be made for any materials or equipment unless each individual piece of the material or equipment becomes a permanent part of the Work or the material or equipment is required by the Contract Documents and is
specifically manufactured for the Project and could not be readily utilized or diverted to another job. Actual invoices for materials and equipment must be submitted with the
Application for Payment

6.2.2 Owner may withhold a payment in whole or in part to the extent reasonably necessary to protect Owner due to Owner’s determination that the Work has not progressed to the point indicated in the Application for Payment or that the quality of work is not in accordance with the Contract Documents. Owner may also withhold a payment because of subsequently discovered evidence which may nullify the whole or a part of an Application for Payment previously issued to such extent as may be necessary to protect Owner from loss for which the Design-Builder is responsible.

6.2.3 Where Allowances have been used, the Design-Builder may be paid for Allowance items on either a cost reimbursable or lump sum basis. The DesignBuilders mark-up shall be all-inclusive of supervision and coordination and no additional compensation shall be allowed. An Allowance shall not be considered a change for the purposes of granting time extensions. Unused portions of a stipulated Allowance will not be paid to the Design-Builder and shall be deducted from the contract value at the completion of the Project via a deductive change order.

6.2.4 Upon prior written approval from the Owner, the Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location; (ii) the equipment and materials are protected by suitable insurance; and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and 2071
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encumbrances.

6.2.5 The Application for Payment shall constitute Design-Builder’s representation that the Work described therein has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design-Builder’s receipt of payment, whichever occurs earlier.

6.3 Withholding of Payments.

6.3.1 On or before the date established in the Agreement, subject to the Retention provisions, Owner shall pay Design-Builder all amounts properly due. If Owner determines that Design-Builder is not entitled to all or part of an Application for Payment as a result of Design-Builder’s failure to meet its obligations hereunder, it will notify Design-Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design-Builder must take to rectify Owner’s concerns. Design-Builder and Owner will attempt to resolve Owner’s concerns prior to the date payment is due

6.3.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design-Builder all undisputed amounts in an Application for Payment within the times required by the Agreement.

6.4 Design-Builder’s Payment Obligations.

6.4.1 Design-Builder will pay Design Consultants and Subcontractors, in accordance with its contractual obligations to such parties, all the amounts DesignBuilder has received from Owner on account of their work. Design-Builder will impose similar requirements on Design Consultants and Subcontractors to pay those parties with whom they have contracted. Design-Builder will indemnify and defend Owner against any claims for payment, stop payment notices, and mechanic’s liens as set forth in Section 7.3 hereof.

6.5 Substantial Completion.

6.5.1 Design-Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is Substantially Complete. Within five (5) days of Owner’s receipt of Design-Builder’s notice, Owner and Design-Builder will jointly inspect such Work to verify that it is Substantially Complete in accordance with the requirements of the Contract Documents. If such Work is Substantially Complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof; (ii) the remaining items of Work that have to be completed before final payment; (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner’s and DesignBuilder’s responsibility for the Project’s security, maintenance, utilities and insurance pending final payment; and (iv) an acknowledgment that warranties 2072
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commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall not relieve the Design-Builder of the responsibility to complete all work in accordance with the Contract Documents. Failure to include any items on the punch list shall not alter the responsibility of the Design-Builder to complete all Work in accordance with the Contract Documents.

6.5.2 Substantial Completion occurs when all of the following conditions have been met:

6.5.2.1 The Design-Builder has submitted and Owner has approved in writing, such approval not to be unreasonably withheld, a certification by the Design-Builder and the lead Design Firm that construction of the Project, excepting the items on the Final Punch List, is complete and in all respects is in compliance with this Agreement.

6.5.2.2 A preliminary or temporary certificate of occupancy has been issued for the Project, where required by applicable law

6.5.2.3 The Design-Builder has delivered to Owner a red-lined set of “asbuilt” construction record drawings as required by the Contract Documents

6.5.2.4 All Utilities specified or required under this Agreement to be arranged for by the Design-Builder are connected and functioning properly

6.5.2.5 The Design-Builder and Owner have agreed in writing upon the Final Punch List (or, if they are unable to agree, Owner shall have prepared and issued the Final Punch List to the Design-Builder within 15 business days of the Design-Builder having submitted its proposed Final Punch List to Owner)

6.5.2.6 The Design-Builder has delivered to Owner written certification from the equipment manufacturers (including information technology systems and instrumentation and controls) that all major items of machinery and equipment included in the Project have been properly installed, performance tested, and commissioned in accordance with the manufacturers’ recommendations, warranties, and requirements

6.5.2.7 The Design-Builder has submitted written certification that all of the foregoing conditions have been satisfied and Owner has approved the Design-Builder’s certification, which approval shall be effective as of the date of the Design-Builder’s certification.

6.5.3 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner may at its sole discretion per DBIA Agreement No. 545, Article 7, release to Design-Builder portions of the retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion.
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6.5.4 Owner, at its option, may use a portion of the Work which has been determined to be Substantially Complete, provided, however, that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in Section 6.5.1 above; (ii) Design-Builder and Owner have obtained the consent of their sureties and insurers, and to the extent applicable, the appropriate government authorities having jurisdiction over the Project; and (iii) Owner and Design-Builder agree that Owner’s use or occupancy will not interfere with Design-Builder’s completion of the remaining Work.

6.6 Final Completion and Final Payment.

6.6.1 When the Design-Builder considers that the Work is complete and ready for final inspection, it shall submit a Notice of Final Completion to Owner for inspection with certification that:

6.6.1.1 Work has been completed in accordance with Contract Documents and Certificate of Occupancy issued.

6.6.1.2 Work has been inspected by the Design-Builder for compliance with Contract Documents and all Punch List work has been completed.

6.6.1.3 All damaged or destroyed real, personal, public or private property has been repaired or replaced.

6.6.1.4 All required as-builts and close out documents have been submitted and accepted.

6.6.1.5 All operation and maintenance manuals and warranties have been submitted and accepted and all training and commissioning has been completed.

6.6.1.6 Work is ready for final inspection by Owner.

6.6.2 Owner will inspect to verify the status of completion with reasonable promptness after receipt of such certifications. The inspection of the Work will be done in accordance with the Contract provisions.

6.6.3 If Owner finds incomplete or defective work:

6.6.3.1 Owner may, at Owner’s sole discretion, either terminate the inspection or prepare a punch list and notify the Design-Builder in writing, listing incomplete or defective work.

6.6.3.2 The Design-Builder shall take immediate steps to remedy stated deficiencies. Upon completion and correction of all stated deficiencies, the Design-Builder shall send a second written certification to Owner that work is complete.

6.6.3.3 Owner will then re-inspect the Work.
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6.6.3.4 Owner may, at Owner’s sole discretion, have a separate contractor make corrections and deduct the cost of the corrections from the DesignBuilder’s final payment if the work is not promptly corrected.

6.6.4 Final Acceptance

6.6.4.1 Within 120 days after Substantial Completion, and after Owner has made the final inspection and is satisfied that the Work has been completed in accordance with the Agreement, and is satisfied that all submittals have been made and accepted, all as-builts and record documents have been completed and accepted, all Change Orders executed, all final quantities agreed to, and all other Contract requirements, except for possible future warranty and guarantee work have been accomplished, Owner shall issue a document evidencing Final Acceptance.

6.6.4.2 If Owner finds the Work to be complete, Owner will issue a letter of Final Acceptance to the Design-Builder.

6.6.4.3 The Work shall be under the charge and care of the Design-Builder until Owner issues the letter of Final Acceptance unless otherwise approved by Owner. The Design-Builder shall take every precaution against injury or damage to the Work from the action of the elements or any other cause, whether arising from the execution or non-execution of the Work. The Design-Builder shall rebuild, repair, restore, and make good, at the DesignBuilder's expense, all injuries or damage to the Work occurring before acceptance of the Work.

6.6.5 Upon issuance of a letter of Final Acceptance, the Design-Builder shall submit a Final Application for Payment, and Owner shall make final payment by the time required in the Agreement, provided that Design-Builder has achieved Final Completion.

6.6.6 At the time of submission of its Final Application for Payment, DesignBuilder shall provide the following information:

6.6.6.1 An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner’s interests;

6.6.6.2 A general release executed by Design-Builder waiving, upon receipt of final payment by Design-Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment;

6.6.6.3 Consent of Design-Builder’s surety, if any, to final payment;

6.6.6.4 All operating manuals, warranties and other deliverables required by the Contract Documents; and
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6.6.6.5 Certificates of insurance confirming that required coverage’s will remain in effect consistent with the requirements of the Contract Documents.

6.6.7 Upon making final payment, Owner waives all claims against DesignBuilder except claims relating to (i) Design-Builder’s failure to satisfy its payment obligations, if such failure affects Owner’s interests; (ii) Design-Builder’s failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion; (iii) the terms of any special warranties required by the Contract Documents; and claims for indemnification arising hereunder. After the date of Final Acceptance of the Work by Owner, no additional claims or change requests may be submitted by Design-Builder.

6.6.8 Deficiencies in the Work discovered after Substantial Completion, whether or not such deficiencies would have been included on the punch list if discovered earlier, shall be deemed warranty Work. Such deficiencies shall be corrected by Design-Builder under Sections 2.9 and 2.10 herein and shall not be a reason to withhold final payment from Design-Builder, provided, however, that Owner shall be entitled to withhold from the Final Payment the reasonable value of completion of such deficient work until such work is completed.

Article 7
Indemnification

7.1 Patent and Copyright Infringement.

7.1.1 Design-Builder shall defend any action or proceeding brought against Owner based on any claim that the Work, or any part thereof, or the operation or use of the Work or any part thereof, constitutes infringement of any United States patent or copyright, now or hereafter issued. Owner shall give prompt written notice to Design-Builder of any such action or proceeding and will reasonably provide authority, information and assistance in the defense of same. Design-Builder shall indemnify and hold harmless Owner from and against all damages and costs, including but not limited to attorneys’ fees and expenses awarded against Owner or Design-Builder in any such action or proceeding. Design-Builder agrees to keep Owner informed of all developments in the defense of such actions.

7.1.2 If Owner is enjoined from the operation or use of the Work, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, DesignBuilder shall at its sole expense take reasonable steps to procure the right to operate or use the Work. If Design-Builder cannot so procure such right within a reasonable time, Design-Builder shall promptly, at Design-Builder’s option and at Design-Builder’s expense, (i) modify the Work so as to avoid infringement of any such patent or copyright; or (ii) replace said Work with Work that does not infringe or violate any such patent or copyright.

7.1.3 Sections 7.1.1 and 7.1.2 above shall not be applicable to any suit, claim or 2076
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proceeding based on infringement or violation of a patent or copyright (i) relating solely to a particular process or product of a particular manufacturer specified by Owner and not offered or recommended by Design-Builder to Owner; or (ii) arising from modifications to the Work by Owner or its agents after acceptance of the Work. If the suit, claim or proceeding is based upon events set forth in the preceding sentence, Owner shall defend, indemnify and hold harmless DesignBuilder to the same extent Design-Builder is obligated to defend, indemnify and hold harmless Owner in Section 7.1.1 above.

7.1.4 The obligations set forth in this Section 7.1 shall constitute the sole agreement between the parties relating to liability for infringement of violation of any patent or copyright.

7.2 Tax Claim Indemnification.

7.2.1 If, in accordance with Owner’s direction, an exemption for all or part of the Work is claimed for taxes, Owner shall indemnify, defend and hold harmless Design-Builder from and against any liability, penalty, interest, fine, tax assessment, attorneys’ fees or other expenses or costs incurred by Design-Builder as a result of any action taken by Design-Builder in accordance with Owner’s directive. Owner shall furnish Design-Builder with any applicable tax exemption certificates necessary to obtain such exemption, upon which Design-Builder may rely.

7.3 Payment Claim Indemnification.

7.3.1 Provided that Owner is not in breach of its contractual obligation to make payments to Design-Builder for the Work, Design-Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic’s liens brought against Owner or against the Project as a result of the failure of Design-Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within three (3) days of receiving written notice from Owner that such a claim or mechanic’s lien has been filed, Design-Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic’s lien bond. If Design-Builder fails to do so, Owner will have the right to discharge the claim or lien and hold Design-Builder liable for costs and expenses incurred, including attorneys’ fees.

7.4 Design-Builder’s General Indemnification.

7.4.1 To the fullest extent permitted by law, Design-Builder shall defend, indemnify and hold harmless Owner and any and all of Owner’s Council, Boards, officers, agents, employees, assigns and successors in interest from and against any and all suits, claims, causes of action, liability, losses, damages, demands or expenses (including, but not limited to, attorney’s fees and costs of litigation), (collectively, “Loss”) claimed by anyone (including Design-Builder and/or DesignBuilder’s agents or employees) by reason of injury to, or death of, any person(s) (including Design-Builder and/or Design-Builder’s agents or employees), or for damage to, or destruction of, any property (including property of Design-Builder 2077
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and/or Design-Builder’s agents or employees) or for any and all other losses, founded upon or alleged to arise out of, pertain to, or relate to the Design-Builder’s and/or subcontractor’s performance of the Work on the Project, whether or not contributed to by any act or omission of Owner, or of any of Owner's Council, Boards, officers, agents or employees; Provided, however, that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from or relate to Design-Builder’s performance of a “Construction Contract” as defined by California Civil Code section 2783, this paragraph shall not be construed to require Design-Builder to indemnify or hold Owner harmless to the extent such suits, causes of action, claims, losses, demands and expenses are caused by the Owner’s sole negligence, willful misconduct or active negligence; Provided further that where such suits, claims, causes of action, liability, losses, damages, demands or expenses arise from Design-Builder’s design professional services as defined by California Civil Code section 2782.8, Design-Builder’s indemnity obligations shall be limited to allegations, suits, claims, causes of action, liability, losses, damages, demands or expenses arising out of, pertaining to, or relating to the Design-Builder’s negligence, recklessness or willful misconduct in the performance of the Agreement.

7.4.2 For indemnity obligations that arise from professional errors and omissions, Design-Builder, to the fullest extent permitted by law, shall indemnify Owner, its officers, directors, and employees from and against claims, losses, damages, liabilities, including attorneys’ fees and expenses, for non-party bodily injury, sickness, or death and non-party property damage or destruction (other than to the Work itself) but only to the extent resulting from the negligent acts or omissions of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable.

7.4.3 If an employee of Design-Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, Design-Builder’s indemnity obligations set forth in Sections

7.4.1 and 7.4.2 above shall not be limited by any limitation on the amount of damages, compensation or benefits payable by or for Design-Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers’ compensation or disability acts.

7.4.3 Design-Builder’s obligation to defend the Owner and the other referenced indemnitees arises at the time such Loss is tendered to Design-Builder by the Owner and continues at all times until finally resolved, and/or decided by an adjudicatory body or a court of competent jurisdiction.

7.5 Owner’s General Indemnification.

7.5.1 For claims and liabilities arising during Design-Builder’s Phase 1 services, Owner, to the fullest extent permitted by law, shall indemnify, hold harmless and defend Design-Builder and any of Design-Builder’s officers, directors, and employees, from and against claims, losses, damages, liabilities, including attorneys’ fees and expenses, for bodily injury, or death, and property damage or 2078
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destruction (other than to the Work itself) but only in proportion to and to the extent resulting from the negligent acts or omissions of Owner, or Owner’s employees or agents who are directly under Owner’s authority or control (separate and distinct from Design-Builder or others under Design-Builder’s authority or control) and for whose acts Owner may be liable.

7.6 Survival of Indemnities

7.6.1 The provisions of this Article 7 shall remain operative following a termination of all other performance under this Agreement unless specifically extinguished in a writing signed as approved by the Design-Builder, the Owner and its attorney.

7.7 Limited Recourse.

7.7.1 None of the obligations set forth in this Agreement (on behalf of any party) constitute personal obligations of any natural persons who are the officers, shareholders, members, partners, employees, or agents of any party unless the natural person is expressly identified as a contracting party. All Parties to this Agreement shall not seek recourse against any natural person described herein.

This provision, however, shall not protect such natural persons from liability for willful misconduct, illegal acts or intentional violation of any duty of corporate loyalty.

Article 8
Time

8.1 Obligation to Achieve the Contract Times.

8.1.1 Design-Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5 of the Agreement.

8.1.2 The Design-Builder shall be permitted reasonable, uninterrupted access to the Project Site subject to the operational protocols in place and as revised from time to time. The Design-Builder shall cooperate with Owner to reasonably accommodate Owner's other work on the Project Site. Design-Builder shall actively schedule plan and coordinate the sequence of the Work and shall not delegate such responsibility for coordination to subcontractors but rather shall actively and proactively schedule and lead subcontractor coordination.

8.1.3 The Design-Builder shall diligently prosecute the Work to completion. If Owner determines that the Design-Builder is failing to prosecute the Work in accordance with its approved schedule or the Project milestones, the DesignBuilder shall, upon orders from Owner, immediately take steps to remedy the situation

8.1.4 All work performed and services provided hereunder by the DesignBuilder shall conform to the highest professional standards for the construction industry in the State of California as applicable to a Design-Builder with prior 2079
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successful experience in work similar in size and scope and complexity as the Work of the Contract Documents.

8.1.5 The Design-Builder shall give Owner full information in advance as to its plans for performing each part of its work. If at any time, Design-Builder’s actual progress is inadequate to meet the requirements of this Agreement, Owner may so notify Design-Builder who shall thereupon take such steps as may be necessary to improve its progress. A Recovery Schedule is required along with the submission of a monthly Progress Schedule Update if the monthly Progress Schedule Update shows a delay of more than 21 calendar days to the Contract Milestones. If within a reasonable period as determined by Owner, the DesignBuilder does not improve performance to meet the currently approved Construction Schedule; Owner may require an increase in the Design-Builder’s labor force, the number of shifts, overtime operations, and additional days of work per week, all without additional cost to Owner. Neither such notice by Owner nor Owner’s failure to issue such notice shall relieve Design-Builder of its obligation to achieve the quality of work and rate of progress required by this Agreement.

8.2 Delays to the Work.

8.2.1 If Design-Builder is delayed on the critical path in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Design-Builder is responsible, subject to compliance with Section 2.12, the Contract Time(s) for performance may be reasonably extended by Change Order. An excusable delay is a delay to the critical path of the Project and meets all of the following requirements:

8.2.1.1 It was not the responsibility of the Design-Builder under the Contract Documents and was beyond the control of Design-Builder;

8.2.1.2 It could not have been foreseen or avoided by Design-Builder;

8.2.1.3 It could not have been mitigated by Design-Builder;

8.2.1.4 It was not caused in whole or in part by Design-Builder, its subcontractors or agents;

8.2.1.5 Design-Builder has provided written notice to Owner of the delay act or event within seven (7) calendar days of being made aware of its occurrence and thereafter satisfies all requirements in the Contract Documents for making a request for extension to the Project Schedules and Contract milestones. Pursuant to California Civil Code section 1511, the Parties agree that any failure to submit a timely and properly documented notice of delay or a request for extension of to the Project Schedules and Contract Milestones shall constitute a waiver by Design-Builder of any claim for additional compensation, time or impact costs from Owner. 2080
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8.2.2 In addition to Design-Builder’s right to a time extension for those events set forth in Section 8.2.1 above, Design-Builder may be entitled to an appropriate adjustment of the Contract Price. A delay which is excusable must also meet the requirements for a compensable delay in order to be compensable. A Force Majeure delay is an excusable non-compensable delay. Owner shall make the final determination of Force Majeure delays. A delay due to financial issues of DesignBuilder or any of its subcontractors or suppliers, including bankruptcy or insolvency, is not an excusable delay. A non-excusable delay is also noncompensable. A compensable delay must be excusable and meet all of the following requirements:

8.2.2.1 The costs of delay requested could not be mitigated;

8.2.2.2 It was a result of a change directed by Owner, a material breach of the Agreement by Owner or resulting from the active negligence of Owner;

8.2.2.3 The Contract Documents do not preclude the claim for compensation;

8.2.2.4 The delay is not concurrent with a delay caused in whole or part by Design-Builder;

8.2.2.5 Design-Builder has satisfied all requirements in the Contract Documents for making a claim for compensation pursuant to a compensable delay in a timely manner.

8.2.3 If the Contractor Change Request is based in whole or in part on a delay of any kind or nature, the complete itemized proposal shall include the following information in addition to all other required information:

8.2.3.1 The date, nature and circumstances of each event regarded as a cause of the delay;

8.2.3.2 If the Design-Builder claims acceleration costs of scheduled performance or delivery, the basis upon which acceleration arose;

8.2.3.3 The identification of any documents and the substance of any oral communication known to the Design-Builder which substantiate, refute or concern such delay;

8.2.3.4 A Critical Path Method (CPM) schedule, including design, construction and commissioning corrected to reflect actual performance, showing delay impacts as separate tasks and Design-Builder’s mitigation of such impacts; and

8.2.3.5 The specific elements of Contract performance for which the Design-Builder may seek an equitable adjustment, including:
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i. Identification of each Contract or schedule line item which has been or may be affected by such delay;
ii. To the extent practicable, identification of the delay and disruption in the manner and sequence of performance, and the effect on continued performance, which have been or may be caused by such delay;
iii. Identification of labor, materials, or both, or other cost items including overhead and subcontractor costs, which have
been or may be added, deleted or wasted by such delay,
and a statement that the Design-Builder is maintaining
records by some generally accepted accounting procedure which allows the separately identifiable direct costs due to the delay, and those not incurred as a result of the delay, to be readily identified and segregated; and
iv. Estimates of the necessary adjustments to Contract Amount, Contract Time and any other Contract provisions affected by the delay.

8.2.4 Claims for a compensable delay shall not be allowed for any costs incurred if the Design-Builder fails to notify Owner in writing within seven (7) calendar days of being made aware of the act or event causing the delay. The Design-Builder will have the burden of proving that the delay is both an excusable delay and a compensable delay. If an excusable delay is found to be a compensable delay, Owner will by Change Order extend the Work Completion Time for the increase in the time of performance and will adjust the total Contract Price. The Change Order will be the Design-Builder’s sole remedy arising out of the compensable delay.

Pursuant to California Civil Code section 1511, the Parties agree that any failure to submit a timely and properly documented notice of excusable or compensable delay shall constitute a waiver by Design-Builder of any claim for additional compensation, time or impact costs from Owner.

8.3 Force Majeure

8.3.1 The term "Force Majeure" as employed herein shall mean an excusable, non-compensable delay which is one of the below listed types, to the extent that the event(s) delays the progress of critical path activities, are beyond the DesignBuilder's control, were not anticipatable by Design-Builder and could not be mitigated by Design-Builder, regardless of the cost of mitigation: acts of God (except as excluded herein), strikes (except those determined by Owner to be within the control of the Design-Builder), lockouts, or other industrial disturbances, acts of public enemies, terrorist acts, wars, blockades, insurrections, riots, epidemics, pandemics, earthquakes, hurricanes, tornadoes, orders by any court, board, department, commission or city or county of the United States or of any 2082
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State, civil disturbances, explosions, rain or other adverse weather conditions, including fire (except fire which was the responsibility of the Design-Builder).

8.3.2 The Design-Builder's observance of non-sanctioned picket lines or other similar labor actions shall be considered a non-excusable delay under this Contract and, as such, is not a Force Majeure event.

8.3.3 Should either party be rendered unable, either wholly or in part, by an event of Force Majeure to fulfill its obligations under the Contract, the obligation(s) affected by such event of Force Majeure shall be suspended only during the continuance of the Force Majeure event. Suspension of Work is not required for a Force Majeure event. The party so affected shall give notice of the existence, extent and nature of such Force Majeure in writing to the other party within seven (7) calendar days after the commencement of the Force Majeure event. The party so affected shall remedy such inability with all reasonable dispatch and shall use due diligence in this regard. Failure to give such notice shall result in the continuance of such party's obligation regardless of the extent of any existing Force Majeure event. Pursuant to California Civil Code section 1511, the Parties agree that any failure to submit a timely and properly documented notice and description of a Force Majeure event shall constitute a waiver by Design-Builder of any claim for additional compensation, time or impact costs from Owner.

8.3.4 Nothing within this Article shall restrict the Owner's rights to pursue a termination or suspension pursuant to the Contract Documents.

8.4 Liquidated Damages

8.4.1 Liquidated Damages are the specified dollar amount the Design-Builder shall pay to the Owner due to the Design-Builder's failure to complete the Work within the Work Completion Time. Unless provided otherwise in the Contract Documents. Liquidated Damages are intended to cover Owner's administrative, inspection, project management, and professional services costs in the period of extended construction and shall not be construed to cover or apply to costs of completion of the Work, costs or delays resulting from defective work, property damage or any costs or damages covered by insurance of any type.

8.4.2 The parties recognize and agree that time is of the essence for this Contract. If Substantial Completion has not occurred on or before the scheduled Substantial Completion date, Owner will assess Liquidated Damages, as it is and will be impractical and extremely difficult to ascertain the actual damages which Owner will sustain in the event of and by reason of such delay. Owner shall have the right to deduct said Liquidated Damages from any amount due or that may become due the Design-Builder, or to collect such Liquidated Damages from the Design-Builder or its surety. These Liquidated Damages shall not be construed as a penalty.

8.4.3 Execution of the Contract shall constitute agreement by Owner and Design2083 53 | P a g e
Builder that the amount specified in the Contract Documents is the minimum value of the costs and actual damage caused by the failure of the Design-Builder to complete the Work within the allotted time. Such sum is Liquidated Damages and may be deducted from payments due the Design-Builder if such delay occurs.

8.4.4 Owner expressly denies that any progress payments made after the scheduled completion date constitute a waiver of Liquidated Damages.

8.4.5 These provisions shall not prevent Owner, in the case of the DesignBuilder's default under this Contract, from terminating the right of the DesignBuilder to proceed as provided in the Contract Documents and seeking all damages and other remedies available to Owner under this Contract or by Law.

Article 9
Changes to the Contract Price and Time

9.1 Change Orders.

9.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design-Builder, stating their agreement upon all of the following:

9.1.1.1 The scope of the change in the Work;

9.1.1.2 The amount of the adjustment to the Contract Price; and

9.1.1.3 The extent of the adjustment to the Contract Time(s).

9.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.

9.1.3 The Contract Pricing and Work Completion Time may only be changed by executed Change Order. Change Orders are generally bilateral signed by the Design-Builder and by Owner. Owner may also issue unilateral Change Orders, should there be an impasse on executing a bilateral agreement or time does not permit further negotiations.

9.1.4 No extra work or change in the Contract Documents shall be made unless by a written Change Order approved by Owner. No claim for any change to the Contract Pricing or Work Completion Time shall be valid unless so ordered. A Change Order signed by the Design-Builder conclusively establishes the DesignBuilder's agreement therewith, including the adjustment in the Contract Pricing and the Work Completion Time. Owner reserves the right to contract with any person or firm other than the Design-Builder for any or all changed work. 2084
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9.1.5 Accord and Satisfaction. It is the intent of Owner to settle each Change Order full and final at the time the Change Order is issued. Therefore, the following language will be deemed incorporated into all Change Orders:
"The undersigned hereby proposes and agrees to furnish any and all labor, material and equipment, including all overhead and profit, in strict accordance with the requirements of the original Contract Documents except as specifically above noted otherwise for the sum stated above, and that are required in connection with the above proposed change.

By signing the Change Order, the Design-Builder acknowledges and agrees, on behalf of himself, all subcontractors, and all suppliers, that the stipulated compensation includes payment for all work contained in the Change Order, plus all payment for the interruption of schedules, extended overhead costs, delay, all impacts, and ripple effect of cumulative impact on all other work under this Contract. The signing of the Change Order indicates that the Change Order constitutes the compensation (time and cost) set forth in the Change Order and comprises the total compensation due the Design-Builder, all subcontractors, and all suppliers, for the Work or change defined in the Change Order, including impact on unchanged work. The Design-Builder is in full mutual accord and satisfaction with the change, and that the time and /or cost under the Change Order constitute the total equitable adjustment owed the Design-Builder, all subcontractors, and all suppliers, as a result of the changes. The Design-Builder. on behalf of the DesignBuilder, all subcontractors, and all suppliers, agrees to waive all right, without exception or reservation of any kind whatsoever, to file any further Claim related to this Change Order No further Claim or request for equitable adjustment of any type shall arise out of or as a result of this Change Order or the impact of this Change Order on the remainder of the Work under the Contract. The DesignBuilder further agrees to indemnify and hold the Owner and its agents harmless from any further Claims, requests for equitable adjustment, or damages raised by subcontractors or suppliers at any tier, as a result of the Work under this Contract.

The Design-Builder, on behalf of the Design-Builder, all subcontractors, and all suppliers, expressly waives the benefits of the provisions of Section 1542 of the Civil Code, which reads as follows: "A GENERAL RELEASE DOES NOT EXTEND

TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,

WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." The Owner and the Design-Builder hereby agree that this Change Order constitutes full mutual accord and satisfaction for all time, all costs, and all impacts related directly to this Change Order."

9.1.6 Unilateral Change Order. In case of failure on the part of Owner and the Design-Builder to arrive at an agreement on the amount of a credit or an extra cost for a proposed change to the Contract Documents, a unilateral Change Order will be processed in the amount believed by Owner to be reasonable and the DesignBuilder shall proceed with the Work. If the Design-Builder believes that the amount set forth in the unilateral Change Order is not a reasonable payment for the Work required the Design-Builder may file a Claim and request for review in accordance 2085
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with Article 10.

9.1.7 No oral statement of any person including the Design-Builder's personnel shall in any manner or degree, modify or otherwise affect the terms of this Contract.

9.1.8 Design-Builder’s Overhead and Profit Limitation - For all negotiated Change Orders the allowance for overhead and profit and all other items of expense or cost not included in the Cost of the Work, to the extent they are applicable to the conditions created by the Change Order. The allowance for overhead and profit shall not exceed the following schedule:

Total Combined Overhead and Profit
Labor = 15 percent
Materials = 15 percent
Equipment = 15 percent
Subcontractor = 10 percent

9.1.9 Not Used

9.1.10 Equipment Rental Rates – Rental equipment required specifically for the Additional Work. Whenever possible, changed work will be accomplished using equipment available on-site or owned by the Design-Builder. If no on-site equipment can be used and a specific piece of equipment must be rented to be used exclusively for the changed work, the rental rate that will apply will be the rate shown on the supplier’s invoice.

9.1.11 Design-Builder's Extra Work Report - In order to be paid for extra work based on time and materials, the Design-Builder must submit a daily Extra Work Report on a form provided by the Owner's Representative. The form must be completely filled out based on the provisions of this Article and signed by the Design-Builder and Owner's Representative at the end of each work day. Failure to complete the form and obtain appropriate signatures by the next working day after the Work was completed will result in DesignBuilder's costs for extra work being disallowed until such form is completed and agreed to by the Owner's Representative. Delay in submitting the form beyond seven (7) days will result in the Owner's records becoming the official record for payment purposes.

9.1.12 No Additional Compensation for Overtime - Except as otherwise provided in this Article, the Design-Builder shall receive no additional compensation for overtime Work (i.e., work in excess of 8 hours in any one calendar day or 40 hours in any one calendar week), even though such overtime Work may be required under emergency conditions and may be ordered by the Owner in writing. Owner will pay additional compensation to the Design-Builder for overtime Work only in the event extra Work is ordered by the Owner, and the Change Order specifically authorizes the use of overtime Work and then only to such extent as overtime 2086
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wages are regularly being paid by the Design-Builder for overtime Work of a similar nature in the same locality.

9.2 Work Change Directives.

9.2.1 A Work Change Directive is a written order prepared and signed by Owner directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s).

9.2.2 Owner and Design-Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement.

9.3 Minor Changes in the Work.

9.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design-Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design-Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design-Builder.

9.4 Contract Price Adjustments.

9.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods:

9.4.1.1 Unit prices set forth in the Agreement or as subsequently agreed to between the parties;

9.4.1.2 A mutually accepted lump sum, properly itemized and supported by sufficient substantiating data to permit evaluation by Owner;

9.4.1.3 Costs, fees and any other markups set forth in the Agreement; or

9.4.1.4 If an increase or decrease cannot be agreed to as set forth in items 9.4.1.1 through 9.4.1.3 above and Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement.

9.4.2 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design-Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be 2087
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equitably adjusted.

9.5 Escalation of Cost

9.5.1 Potential Time and Price-Impacted Material. As of the date of this Agreement, certain markets providing essential materials to the Project are experiencing or are expected to experience significant, industry-wide economic fluctuation during the performance of this Agreement that may impact price, availability and deliver time frames ("Potential Time and Price-Impacted Material").

This Agreement provides for a fair allocation of the risk of such market conditions between the Owner and the Design-Builder and shall only apply to the Potential Time and Price-Impacted material(s) listed in Schedule (To be included in the Phase 2 Amendment) to this Agreement.

9.5.2 Baseline Price and Time. Owner and Design-Builder shall agree upon a method for establishing the market price as of the date of this Agreement ("Baseline Price"), and the method for calculating an adjustment in the pricing for a Potential Time and Price-Impacted Material listed in Schedule (To be included in the Phase 2 Amendment) to this Agreement.

9.5.2.1 Compensation for any Potential Time and Price-Impacted Material shall not be duplicated in any contingency amounts established under the terms of the Agreement.

9.5.3 Adjustment In Baseline Price. If during the course of the Project a Potential Time and Price-Impacted Material item experiences an increase or decrease in its Baseline Price of 25% over 180 days as a result of unanticipated and significant industry wide price fluctuation, either party may notify the other in writing within thirty (30) days from the date the basis for equitable adjustment arises and shall provide appropriate documentation. Material shall not include any amount for overhead and profit.

9.5.3.1 In the event of a decrease in a Baseline Price, the Contract Price shall be equitably adjusted to reflect such decrease, subject to Article 9 of this Agreement, but only for those Potential Time and Price-Impacted Materials delivered on or after the date on which written notice of the adjustment in Baseline Price is given.

9.5.3.2 In the event of an increase in a Baseline Price, the Contract Price shall be equitably adjusted to reflect such decrease, subject to Article 9 of this Agreement, but only for those Potentially Time and Price-Impacted Materials delivered on or after the date on which notice of the adjustment in Baseline Price is given.

9.5.3.3 The Contract Price shall not be adjusted by more than __________________________ ((To be included in the Phase 2 Amendment) %) percent of the original Contract Price for the aggregate of 2088
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the decreases in Baseline Price for Potentially Time and Price-Impacted Materials.

9.5.3.4 No adjustment shall be made for quantities of Potentially Time and Price-Impacted Materials scheduled for delivery under the terms of this Agreement prior to the date on which written notice of the adjustment in Baseline Price is given, unless the failure to deliver such quantities before that date is beyond the control of and without the fault of the Contractor, its Subcontractors and Material Suppliers.

9.5.3.5 Payment, if any, for an adjustment shall be made in accordance with the terms of the Agreement.

9.5.4 Time Impact and Availability. If the Contract is delayed at any time in the commencement or progress of the Work due to a delay in the delivery of, or unavailability of, a Potentially Time and Price-Impacted Material, beyond the control of and without the fault of the Contractor, its Subcontractors and Material Suppliers, the Contractor shall be entitled to an excusable, non-compensable delay subject to the requirements of Article 2.12 of the General Conditions. The Owner and Design-Builder shall undertake reasonable steps to mitigate the effect of such delays.

9.5 Emergencies.

9.5.1 In any emergency affecting the safety of persons and/or property, DesignBuilder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this Article 9.

Article 10
Contract Adjustments and Disputes

10.1 Requests for Contract Adjustments and Relief.

10.1.1 Claims. For purposes of this Article, “Claim” means a separate demand by the Design-Builder for one of more of the following: (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Design-Builder pursuant to the Contract, or (C) an amount the payment of which is disputed by the Owner. In accordance with California Public Contract Code Section 20104.2 and Public Contract Code Section 9204, presuming DesignBuilder has diligently pursued and exhausted the administrative procedures of the Contract, the procedures in this Article apply to claims between the Design-Builder and the Owner.

10.1.2 If the Design-Builder believes that it is entitled to relief against the Owner for any event arising out of or related to the Work or Project, Design-Builder shall provide written notice to the Owner of the basis for its claim for relief, as provided 2089
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for in Articles 8 and 9. In the event that the Design-Builder does not accept the Owner's decision on a Change Order Request, the Design-Builder must within 30 calendar days of a written rejection submit in writing and in electronic form to the Owner with all documentation which it believes relate to the issues it is raising ("Dispute Submittal"). All disputes and negotiations shall be documented by each Party in writing in accordance with the Agreement and shall state each claim specifically, show the calculation and basis for each claim for compensation and the schedule (including fragnet) analysis for each schedule demand. Any claim that lacks specific calculation or documentary support will not be considered, and will be a waiver of that claim so that no further administrative or judicial action may be taken. Pursuant to California Civil Code section 1511, the Parties agree that any failure to submit a timely and properly documented Contractor Change Request or Dispute Submittal shall constitute a waiver by Design-Builder of any claim for additional compensation, time or impact costs from Owner.

10.1.3 Certification of Dispute Submittal. Any claim, including without limitation any claim filed on behalf of or having its source in a claim by subcontractor, subsubcontractor, or supplier, at any tier, which the Design-Builder chooses to make to Owner, shall be accompanied by the certification language set forth below signed by a responsible managing officer of the Design-Builder's organization, who has the authority to sign subcontracts or Purchase Orders on behalf of the DesignBuilder, and who has personally investigated and confirmed the truth and accuracy of the matters set forth in such certification. Submission of certification in accordance herewith is a condition precedent to Owner's consideration of or decision on the claim and to the filing and maintenance of any legal action or proceeding to enforce or recover monies under such claim. Failure to submit such a certification along with the claim shall result in the claim being returned to the Design-Builder without any decision, and shall waive the Design-Builder’s right to pursue the claim either on its own behalf or on behalf of such subcontractor or supplier.

10.1.4 The certification shall state: “I hereby certify under penalty of perjury that I am a managing officer of (Design-Builder’s name) and that I have reviewed the Claim presented herewith on Design-Builder’s behalf and/or on behalf of (subcontractor’s/supplier's name(s)) and that the following statements are true and correct:

10.1.4.1 The facts alleged in or that form the basis for the Claim are true and accurate; and, Design-Builder does not know of any facts or circumstances, not alleged in the Claim, that by reason of their not being alleged render any fact or statement alleged in the Claim materially misleading; and,

10.1.4.2 Design-Builder has, with respect to any request for money or damages alleged in or that forms the basis for the Claim, reviewed the job cost records (including those maintained by Design-Builder and by any subcontractor or supplier, of any tier, that is asserting all or any portion of the Claim) and confirmed with mathematical certainty that the losses or 2090
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damages suffered by Design-Builder and /or such subcontractor or supplier were in fact suffered in the amounts and for the reasons alleged in the Claim; and,

10.1.4.3 Design-Builder has, with respect to any request for extension of time or claim of delay, disruption, hindrance or interference alleged in or that forms the basis for the Claim, reviewed the job schedules(including those maintained by Design-Builder and by any subcontractor or supplier, of any tier, that is asserting all or any portion of the Claim) and confirmed on an event-by-event basis that the delays or disruption suffered by DesignBuilder and /or such subcontractor or supplier were in fact experienced for the durations, in the manner, and with the consequent effects on the time and/or sequence of performance of the Work, as alleged in the Claim; and,

10.1.4.4 Design-Builder has not received payment from Owner for, nor has Design-Builder previously released Owner from any portion of the Claim."

10.1.4.5 Design-Builder Signature Line_______________

10.1.5 Owner's Response. Upon receipt of a claim pursuant to this Article, the Owner shall conduct a reasonable review of the claim and provide a written response to the Design-Builder within 45 days of the date of the claim, identifying the portion of the claim that is disputed and the portion that is undisputed. Upon receipt of a claim, the Owner and the Design-Builder may, by mutual agreement, extend the time period provided in this subdivision.

10.1.5.1 All amounts that the Owner identifies in its response as undisputed must be processed and paid within 60 days of the Owner’s response.

Pursuant to Public Contract Code section 9204(d)(4), if the Owner fails to pay within 60 days, undisputed amounts not paid will bear interest at 7 percent per annum.

10.1.5.2 If the Owner needs approval from its governing body to provide the Design-Builder a written statement identifying the disputed portion and the undisputed portion of the claim, and the Owner’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to (3) three days following the next duly publicly noticed meeting of the Owner’s governing body after the 45-day period, or extension, expires to provide the Design-Builder a written statement identifying the disputed portion and the undisputed portion.

10.1.6 Meet and Confer. If the Design-Builder disputes the Owner’s written response, or the Owner fails to respond within the time prescribed, the DesignBuilder may so notify the Owner, in writing, either within 15 days of receipt of the Owner’s response or within 15 days of the Owner’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the 2091
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Owner shall schedule a meet and confer conference within 30 days for settlement of the dispute.

10.1.7 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Design-Builder a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the Owner issues its written statement. If the Owner fails to pay within 60 days, undisputed amounts not paid will bear interest at 7 percent per annum. Any disputed portion of the claim, as identified by the Design-Builder in writing, shall be submitted to nonbinding mediation, with the Owner and the Design-Builder sharing the associated costs equally. The Owner and DesignBuilder shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

10.1.7.1 If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

10.1.7.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

10.1.7.3 Unless otherwise agreed to by the Owner and the Design-Builder in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

10.1.7.4 This section does not preclude the Owner from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

10.1.7.5 The mediation shall be held no earlier than the date the DesignBuilder completes the Work or the date that the Design-Builder last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is complete.

10.1.8 Arbitration. Upon receipt of a claim, the Owner and the Design-Builder may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration.
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10.2 Legal Proceedings

10.2.1 Civil Actions. Procedures for civil actions to resolve claims of $375,000 or less between the City and the Design-Builder are governed pursuant to Public Contract Code Section 20104.4.

10.2.2 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Design-Builder must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the Owner. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to the extra Work, disputed Work, construction claims, and/or changed conditions have been followed by the Design-Builder. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the Owner may be filed. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Design-Builder last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

10.2.3 Non-Waiver. The Owner’s failure to respond to a claim from the DesignBuilder within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the Owner's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Design-Builder.

10.2.4 Forum for Dispute Resolution. It is the express intention of the parties that all legal proceedings related to this Agreement or to the Project or to any rights or any relationship between the parties arising therefrom shall be governed by the laws of the State of California, without regard for conflicts of laws principles, and shall be solely and exclusively initiated and maintained in Riverside County Superior Court. The Design-Builder and Owner each irrevocably consents to the jurisdiction of such courts in any such legal proceeding and waives any objection it may have to the laying of the jurisdiction of any such legal proceeding.

10.3 Duty to Continue Performance.

10.3.1 Unless provided to the contrary in the Contract Documents, Design-Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations for undisputed amounts to Design-Builder as well as any further amounts pursuant to Section 9.4, pending the final resolution of any dispute or disagreement between Design-Builder and Owner.
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Article 11
Suspension and Termination for Cause

11.1 Owner’s Right to Suspend Work.

11.1.1 Owner may suspend all or any part of the Work by written order signed by Owner ("Suspension Order"), without invalidating the Agreement, for such period or periods as it may deem necessary due to:

11.1.1.1 Any reason for the convenience of the Owner, with or without cause;

11.1.1.2 An order from a state or federal court or a government administrative agency; or

11.1.1.3 The Design-Builder's failure to perform any provision of the Contract Documents.

11.1.2 Upon receipt from Owner of a Suspension Order, the Design-Builder shall, unless the notice requires otherwise:

11.1.2.1 Immediately discontinue work on the date and to the extent specified in the notice;

11.1.2.2 Place no further orders or subcontracts for material, services, or facilities with respect to suspended work other than to the extent required in the notice;,

11.1.2.3 Promptly make every reasonable effort to obtain suspension in terms satisfactory to Owner of all orders, subcontracts and rental agreements to the extent they relate to performance of suspended work;

11.1.2.4 Continue to protect and maintain the Work including those portions on which work has been suspended; if the Design-Builder fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, Owner may elect to do so and back charge or deduct the cost thereof from monies due the Design-Builder. Such actions will not relieve the Design-Builder from liability.

11.1.2.5 Within three (3) days of the receipt of the Suspension Order, submit a suspension plan to Owner for acceptance. The plan shall describe how the Design-Builder will store all materials in a manner so that the materials will not become an obstruction or become damaged in any way, what cost effective methods it will employ to prevent damage to or deterioration of the Work and otherwise protect the Work, how suitable drainage will be provided, what temporary structures will be necessary, and how the Design-Builder will prepare for resuming the Work for the 2094
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least possible remobilization cost. After the plan is accepted, the DesignBuilder shall implement it in accordance with instructions received from Owner; and

11.1.2.6 Take any and all measures to minimize costs associated with such suspension.

11.1.3 Under no circumstance shall a suspension absolve the Design-Builder or the Design-Builder's sureties of the duties and responsibilities guaranteed under the performance and payment bond(s). The Design-Builder shall again proceed with the Work when it is ordered to do so in writing by Owner.

11.1.4 Design-Builder is entitled to seek an adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of the Work by Owner. If the Design-Builder intends to assert a claim for compensation or time extension under this Article, it must, and not withstanding any time limitations specified elsewhere in the Contract Documents, within seven (7) calendar days after receipt of notice to resume work, submit to Owner a Contractor Change Request setting forth the schedule impact and monetary impact of the suspension in sufficient detail to permit thorough analysis. Adjustment of work Completion Time, if appropriate, will be made pursuant to the provisions of the Contract Documents. Adjustment of the not to exceed contract amount, if any, will be within the Owner’s sole discretion and shall not in any event, exceed the cost of the extra work resulting from such suspension. Such cost, if any, shall be determined in accordance with the Contract Documents. Pursuant to California Civil Code section 1511, the Parties agree that any failure to submit a timely and properly documented Contractor Change Request shall constitute a waiver by Design-Builder of any claim for additional compensation, time or impact costs from Owner.

11.1.5 Suspension due to a ruling of City, State or Federal Court -- The Suspension Order will identify the court or agency ruling which caused the suspension, and subject to Owner approval, may extend the Work Completion Time by the stated amount of time specified by the court or agency order. If the ruling causes suspension for an indefinite period of time and as a result a time extension cannot be established, the Suspension Order may also be for an indefinite period of time, subject to Owner approval. If the Suspension Order is issued because of acts or omissions of the Design-Builder, the Design-Builder shall not be entitled to a time extension or payment for any additional costs it incurs.

11.1.6 Suspension Resulting from Design-Builder’s Failure to Perform -- If a Suspension Order results from the Design-Builder's failure to satisfactorily perform any of the provisions of the Agreement, including but not limited to faulty workmanship, safety concerns, improper or inadequate manpower, equipment, supplies or supervision, or failure to perform the Work or pay employees, subcontractors or suppliers in a timely manner, the Suspension Order will identify 2095
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the reason, or reasons, for the order. In this circumstance, no time extension will be authorized for the Design-Builder and any costs to the Design-Builder resulting from such Suspension Order will not be reimbursed by Owner. A Suspension Order issued under these circumstances will remain in effect until the Design-Builder has removed or corrected the grounds for the suspension, or the Suspension Order expires by its terms.

11.2 Owner’s Right to Perform and Terminate for Cause.

11.2.1 If Design-Builder persistently fails to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Design Consultants or Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by law, shall have the rights set forth in Sections 11.2.2 and 11.2.3 below.

11.2.2 Upon the occurrence of an event set forth in Section 11.2.1 above, Owner may provide written notice to Design-Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design-Builder’s receipt of such notice. If Design-Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design-Builder of its intent to terminate within an additional seven (7) day period. If Design-Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to DesignBuilder of such declaration.

11.2.3 Upon declaring the Agreement terminated pursuant to Section 11.2.2 above, Owner may elect to:

11.2.3.1 Enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design-Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. In the event of such termination, Design-Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design-Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design-Builder will only be entitled to be paid for Work performed prior to its default. If Owner’s cost and expense of completing the Work exceeds the unpaid balance of 2096
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the Contract Price, then Design-Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys’ fees and expenses, incurred by Owner in connection with the re-procurement and defense of claims arising from DesignBuilder’s default, subject to the waiver of consequential damages set forth in Article 13 in the 545 Design Build Agreement hereof; or

11.2.3.2 Serve written notice upon the Design-Builder and its surety on its performance bond demanding satisfactory compliance with the Contract. i. If the surety assumes the Contract, all money which may become due the Design-Builder shall be payable to the
surety as the Work progresses, subject to the terms of the Contract.
ii. If the surety does not assume the Contract and commence performance of the Work within twenty-one (21) days after receiving the Public Works Director’s notice and demand, or fails to continue to comply, the Public Works Director may remove the surety from the premises. If the surety bond has provisions contrary to this right, then the 60 day time limit stated elsewhere in this Contract shall apply.
iii. Upon any Surety default, Owner may then take possession of all material and equipment and complete the Work by use of its own forces, by letting the unfinished work to another Design-Builder, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Design-Builder and its surety and may be
deducted from any money due or becoming due from the
Design-Builder. If the amount unpaid under the Agreement is insufficient for completion, the Design-Builder or surety shall pay to Owner within five (5) days after the completion and an itemized demand for payment from Owner, all costs and
damages incurred by Owner in excess of the amount unpaid under the Agreement.

11.2.4 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of Section 11.4 hereof.

11.3 Bankruptcy of Owner or Design-Builder.

11.3.1 If either Owner or Design-Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the “Bankrupt Party”), such event may impair or frustrate the Bankrupt Party’s ability 2097
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to perform its obligations under the Contract Documents. Accordingly, should such event occur:

11.3.1.1 The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non-Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and

11.3.1.2 The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action.

If the Bankrupt Party fails to comply with its foregoing obligations, the non-Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non-Bankrupt Party under this Article 11.

11.3.2 The rights and remedies under Section 11.3.1 above shall not be deemed to limit the ability of the non-Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design-Builder to stop Work under any applicable provision of these General Conditions.

11.4 Termination for Convenience.

11.4.1 Upon ten (10) days’ written notice to Design-Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design-Builder for the following:

11.4.1.1 All Work executed and for proven loss, cost or expense in connection with the Work;

11.4.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and

11.4.1.3 The amount set forth in Article 6 of the Agreement.

11.4.2 If Owner terminates this Agreement pursuant to Section 11.4.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner’s rights to use the Work Product shall be as set forth in Article 4 of the Agreement. Such rights may not be transferred or assigned to others without Design-Builder’s express written consent and such third parties’ agreement to the terms of Article 4 of the Agreement.
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Article 12
Electronic Data

12.1 Electronic Data.

12.1.1 The parties recognize that Contract Documents, including drawings, specifications and three-dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, DesignBuilder and others in electronic media as an alternative to paper hard copies (collectively “Electronic Data”).

12.2 Transmission of Electronic Data.

12.2.1 Owner and Design-Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed-upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data.

12.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted.

12.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4 of the Agreement. Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods.

12.3 Electronic Data Protocol.

12.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge, including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this Section 12.3.
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12.3.2 Electronic Data will be transmitted in the format agreed upon in Section

12.2.1 above, including file conventions and document properties, unless otherwise agreed upon in advance in writing.

12.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project.

12.3.4 The transmitting party specifically disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data via electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration.

Article 13
Miscellaneous

13.1 Confidential Information.

13.1.1 Confidential Information is defined as information which is determined by the transmitting party to be of a confidential or proprietary nature and: (i) the transmitting party identifies as either confidential or proprietary; (ii) the transmitting party takes steps to maintain the confidential or proprietary nature of the information; and (iii) the document is not otherwise available in or considered to be in the public domain. The receiving party agrees to maintain the confidentiality of the Confidential Information and agrees to use the Confidential Information solely in connection with the Project. For avoidance of doubt, all data and information provided or made accessible to Design-Builder by Owner, shall be deemed to be confidential information and may only be disclosed as required to perform the Work, or as required by by law.

13.1.2 The parties understand that all the material provided or produced under this Agreement may be subject to the California Public Records Act, Cal. Government Code section 7920.000, et seq., and that in the event of a request to the Owner for disclosure of such information, the Owner shall advise the Design-Builder of such request in order to give the Design-Builder the opportunity to object to the disclosure of any of its proprietary or confidential material. In the event of the filing of a lawsuit to compel such disclosure, the Owner will tender all such material to the court for judicial determination of the issue of disclosure and the Design-Builder 2100
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agrees to intervene in such lawsuit to protect and assert its claims of privilege against disclosure of such material. The Design-Builder further agrees to defend, indemnify and save and hold harmless the Owner, its council, officers, agents and employees, from any claim, damages, expense, loss or costs arising out of the Design-Builder’s intervention to protect and assert its claims of privilege against disclosure under this Article including, but not limited to, prompt reimbursement to the Owner of all reasonable attorney fees, costs and damages that the Owner may incur directly or may be ordered to pay by such court.

13.2 Assignment.

13.2.1 Neither Design-Builder nor Owner shall, without the written consent of the other, assign, transfer or sublet any portion or part of the Work or the obligations created by the Contract Documents.

13.2.2 For purposes of this Contract, the terms “transfer” and “assign” shall include, but not be limited to, the following:

13.2.2.1 If the Design-Builder is a joint venture, a limited liability company, or a partnership, the transfer of fifty percent (50%) or more of the interest or membership in the joint venture, the limited liability company, or the partnership;

13.2.2.2 If the Design-Builder is a corporation, any cumulative or aggregate sale, transfer, merger, assignment, or hypothecation of fifty percent (50%) or more of the voting shares of the Design/Builder;

13.2.2.3 The dissolution by any means of Design-Builder; and

13.2.2.4 A change in business or corporate structure. Any such transfer, assignment, mortgaging, pledging, or encumbering of Design/Builder without the written consent of the Owner is a violation of this Contract and shall be voidable at Owner’s option and shall confer no right, title, or interest in or to this Contract upon the assignee, mortgagee, pledgee, encumbrance, or other lien holder, successor, or purchaser.

13.3 Successorship.

13.3.1 Design-Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns.

13.4 Governing Law.

13.4.1 The Agreement and all Contract Documents shall be governed by the laws of the State of California, without giving effect to its conflict of law principles.

13.5 Severability.

13.5.1 If any provision or any part of a provision of the Contract Documents shall 2101
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be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted.

13.6 No Waiver.

13.6.1 The failure of either Design-Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall not be construed as a waiver or relinquishment of such obligation or right with respect to future performance.

13.7 Headings.

13.7.1 The headings used in these General Conditions of Contract, or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision.

13.8 Notice.

13.8.1 Whenever the Contract Documents require that legal notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice; (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement; or (iii) if transmitted by facsimile, by the time stated in a machinegenerated confirmation that notice was received at the facsimile number of the intended recipient. All other communications requiring non-legal notice will be deemed to have been validly given if delivered by the aforementioned methods or by electronic mail.

13.9 Amendments.

13.9.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of each party.

13.10 No Third Party Beneficiary

13.10.1 It is expressly understood and agreed that the enforcement of the terms and conditions of the Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Owner and the Design-Builder, and that nothing contained in the Contract shall give or allow any claim or right of action by any other or third person under the Contract. It is the express intention of the Owner and the Design-Builder that any member of the public, subcontractor, supplier, material man, tradesman, vendor or other person or entity other than the Owner or the Design-Builder receiving services or benefits under the Contract shall be deemed to be an incidental beneficiary only. The foregoing shall not, however, impair Owner's status as a third party beneficiary of subcontracts of any tier for the performance of work or delivery of services, material or equipment to the Project. 2102
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13.11 Labor and Prevailing Wages

13.11.1 California Labor Code Compliance

13.11.1.1 Public Work
The Design-Builder acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq. (“Chapter 1”), and that this 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 DesignBuilder shall perform all Work on the Project as a public work. The DesignBuilder 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.

13.11.1.2 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 Design-Builder acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Design-Builder shall post such rates at each job site covered by these Contract Documents.

The Design-Builder 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 Design-Builder 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 Design-Builder or by any Subcontractor.

13.11.1.3 Payroll Records
The Design-Builder shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Design-Builder 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 Design-Builder 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 Design-Builder 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.
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The Design-Builder and each Subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each Design-Builder 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.

13.11.1.4 Hours of Labor
The Design-Builder acknowledges that eight (8) hours labor constitutes a legal day’s work. The Design-Builder shall comply with and be bound by Labor Code Section 1810. The Design-Builder shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Design-Builder shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Project by the Design-Builder or by any Subcontractor for each calendar 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 DesignBuilder 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.

13.11.1.5 Apprentices
The Design-Builder 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 Design-Builder shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Design-Builder shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Design-Builder and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. Design-Builder is also required to comply with the requirements of Public Contract Code Section 22164(c)(1) requiring the use of a skilled and trained workforce as defined in Public Contract Code Section 2600, et seq. See Section 13.12, below.

13.11.1.6 Debarment or Suspension
The Design-Builder 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 Design-Builder and Subcontractors 2104
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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 DesignBuilder or any Subcontractor becomes debarred or suspended during the duration of the Project, the Design-Builder shall immediately notify the City.

13.11.1.7 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.

13.11.1.8 Compliance Monitoring and Posting Job Sites
This Project is subject to compliance monitoring and enforcement by the DIR. The Design-Builder shall post job site notices, as prescribed by regulation.

13.11.1.9 Subcontractors
For every Subcontractor who will perform Work on the Project, the DesignBuilder shall be responsible for such Subcontractor’s compliance with the requirements set forth above, and Labor Code Sections 1860 and 3700, and the Design-Builder shall include in the written Contract between it and each Subcontractor a copy of these provisions and a requirement that each Subcontractor shall comply with those provisions. The Design-Builder shall be required to take all actions necessary to enforce 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 Design-Builder shall diligently take corrective action to halt or rectify any failure.

13.12 Use of Skilled and Trained Workforce Required

13.12.1 At all times herein, Design-Builder shall comply with the provisions of Public Contract Code Section 22164(c)(1), which requires Design-Builder and its subcontractors at every tier to use a skilled and trained workforce to perform all work on this Project that falls within an apprenticeable occupation in the building and construction trades, in accordance with Public Contract Code Section 2600, et seq.

13.13 Mandatory Terms

13.13.1 Public Contract Code. Pursuant to Public Contract Code Section 7103.5, Design-Builder offers and agrees to assign to Owner 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. 2105
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Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Owner tenders final payment to Design-Builder without further acknowledgment by the parties.

Pursuant to Public Contract Code Section 7104, if the project involves trenching more than four (4) feet deep, Design-Builder shall promptly and before the following conditions are disturbed notify the Owner in writing of any:
a. Material that Design-Builder 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 Owner shall promptly investigate the conditions, and if the Owner finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Design-Builder’s cost of or the time required for performance of any part of the work the Owner shall issue a change order.

Pursuant to Public Contract Code Section 9201, the Owner has full authority to compromise or otherwise settle any claim relating to this Contract at any time. The Owner shall timely notify Design-Builder of the receipt of any third-party claim relating to the Contract. The Owner shall be entitled to recover its reasonable costs incurred in providing the notification required by Public Contract Code Section 9201(b).

Additionally, pursuant to Government Code Section 8546.7, since this Contract involves the expenditure of public funds in excess of ten thousand dollars ($10,000), DesignBuilder shall be subject to State Auditor examination and audit at the request of the Owner or as part of any audit of the Owner, for a period of three (3) years after final payment under this Contract.

13.13.2 Other Statutorily Required Terms.

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, Design-Builder shall submit for acceptance by Owner in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be 2106
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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 DesignBuilder, 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 provision shall be construed to impose tort liability on the Owner or on any Owner officer, agent, consultant, representative, or employee. All plans, processing and shoring costs are Design-Builder’s responsibility.

The methods used and costs involved to locate existing elements, points of connection and all construction methods are Design-Builder’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed. Design-Builder, at its sole expense, must make all investigations necessary to determine locations of existing elements, which requires compliance with Government Code Section 4216, et seq., and includes, without limitation, contacting regional notification center(s) such as DigAlert, and other private underground locating firm(s), and/or utilizing potholes, specialized locating equipment and/or hand trenching. Pursuant to Government Code Section 4215, the Owner acknowledges its responsibilities with respect to locating, relocating, removing or protecting utility facilities on the site of the Project, if it entails construction and such utilities are not identified by the Owner in writing prior to commencement of construction.

Design-Builder agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract which is or may likely make Design-Builder “financially interested,” as provided in Government Code Section 1090 and 87100, in any decisions made by Owner on any matter in connection with which Design-Builder has been retained pursuant to this Contract.
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Design-Build Institute of America
1001 Pennsylvania Ave. NW, Suite 410
Washington, DC 20004
(202) 682-0110
[email protected]
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: February 25, 2025
SUBJECT: Zencity Contract Presentation, Discussion and Direction RECOMMENDATION:

Provide direction to City Manager regarding Zencity contract.

BACKGROUND:

Mayor Flynn consideration of the Zencity contract as a future agenda item. The Zencity platform is a central element of the City's community engagement program because it provides ongoing surveying, project dialogue, and lesser used feature called organic. The current contract requires a 90-day notice of termination, which means notice must be provided no later than September 1, 2025, if the City chooses to terminate the agreement.

Zencity Community Survey is a rolling 3-month survey of community members. The survey is a tool that is used to measure community satisfaction levels with City services and characteristics. In addition, the survey results can be tracked to compare the current survey results with prior periods so trends can be measured. The information is useful because it provides insight into community satisfaction, which can be used to focus resources in areas needing improvement.

Zencity Engage/Projects is the feature used to provide information to the community about current and upcoming projects (public and private). This feature is embedded in the City website and has been invaluable for staff and community members.

Zencity Organic is a feature that monitors and summarizes social media feeds to track conversations.

This feature is helpful because it provides staff with information to help us better understand issues that are important to the community. This feature also gives staff a better understanding of the sentiment of social media conversations so we can provide information that is relevant and helpful to the community.

JUSTIFICATION:

A City Council adopted priority for the past 8 years has been to enhance community engagement efforts.

The implementation of Zencity is one of several actions intended to enhance community engagement.

FISCAL IMPACT:

The total cost for all features of Zencity is $42,000 annually.

ALTERNATIVES:

Provide direction to City Manager.

BUDGETED?:
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Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Banning, CA Community Survey Report - July 2024.pdf
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Banning, CA
Community Survey
April June 2024
Powered by
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The Zencity
Community Survey
A recurring survey that never stops running, the Zencity Community Survey measures how satisfied residents are
with their community and with local governmentprovided services and allows officials to compare these scores over time and against a cohort of similar
communities.
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Survey Methodology
529 respondents were digitally recruited (e.g. over social media, mobile apps, local websites, and survey panels ) between April June 2024. Zencity built a representative sample by matching respondent data to the U.S. Census Bureau’s race, ethnicity, age, and gender distributions in Banning, CA. Finally, rakeweighting was applied as a statistical safeguard to balance out any remaining discrepancies in distribution, so no demographic group is overrepresented or underrepresented in the final score.

Score Calculation
The overall satisfaction score is calculated by
averaging how each resident rated quality of
life and community characteristics on a
numeric scale 15, and classifying this
average as satisfied, neutral, or not satisfied.

The resulting score, then, is the weighted
percentage of residents who gave an overall
satisfied rating.
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Sample Composition
529 valid respondents
Key
●
●
●
Unweighted demographics What we collected, without
adjustments
Weighted demographics Our sample, adjusted to be
representative of the population
Population demographics The demographics of the 18
population
* The "Other" category includes missing data, people who selected "prefer not to say", and other groups not defined in the census.

Age Gender
Ethnicity
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Overall
Satisfaction
The overall satisfaction score is calculated from
the questions in the two main sections of the
survey: general quality of life and satisfaction
with different characteristics of life in your
community.

We take the average of these questions, then
classify the score as positive 3, neutral 1.5 to
3, or negative (≤1.5. The percentages
represent the percent of respondents in each
category.

If you have a previous cycle, the up (↑) and
down (↓) arrows will show the change in
percentage points.
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Zencity Community Survey Banning, CA
April June 2024
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47%
of 529 surveyed residents are
satisfied with life in Banning
5% vs. previous cycle
47% 5%
Positive
50% 7%
Neutral
3% 2%
Negative
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April June 2024
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These are the main measures of
satisfaction in your community
The bars on the right show the proportion of responses that are positive 4 or 5, neutral 3, or negative 1 or 2. The percentages show the percent in the positive category.

We take the average of the Community Characteristics, then classify the score as positive 3, neutral 1.5 to 3, or negative (≤1.5. The percentages represent the percent of respondents in each category.

If you have a previous cycle, the up (↑) and down (↓) arrows will show the change in percentage points.

QUESTION RESIDENT SATISFACTION
How is the overall quality of life
in Banning?
32% • 5%
How likely are you to
recommend Banning as a place
to live?
32% • --
How likely are you to be living
in Banning 5 years from now?
58% • --
Average rating from the
Community Characteristics
questions
38% • 6%
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Zencity Community Survey Banning, CA
April June 2024
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Demographic
Breakdown
Smaller sample sizes can lead to unreliable
estimates. For this reason, we hide scores for
groups under 30 respondents.

For groups between 30 and 49 respondents, we
highlight the small sample size using an asterisk
(*). Use these scores with caution.
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DEMOGRAPHIC GROUP SCORE N
Age 1834 30% 77
Age 3554 45% 181
Age 55 56% 256
Education High school degree or less 49% 123
Education Some college or college degree 45% 301
Education Higher education degree 51% 64
Ethnicity Black or African American 55% * 35
Ethnicity Hispanic/Latino 46% 168

DEMOGRAPHIC GROUP SCORE N
Ethnicity White 51% 335
Gender Female 47% 332
Gender Male 47% 191
Income $49,999 or less 43% 144
Income $50,000$149,999 48% 253
Income $150,000 or more 48% 50
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Zencity Community Survey Banning, CA
April June 2024
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Life in
Banning
The bars show the percent of respondents who
reported positively 4 or 5 in response to
questions about community characteristics.

We also display the percent of respondents who
were neutral 3, shown with a gray dot) or
negative 1 or 2, shown with a red dot).
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COMMUNITY CHARACTERISTIC SATISFACTION SCORE CHANGE
Sense of safety within your neighborhood 50% 22% 27% 5% 4% Quality of water utility services 41% 34% 25% 11% 6%
Quality of municipal electric services 37% 32% 31% 13% 9% Availability of affordable housing 34% 33% 33% 3% 4%
Quality of parks and recreational amenities 32% 32% 36% 5% 4% Ease of getting around by public transportation 27% 32% 40% 6% 1% Access to quality education 23% 35% 42% 6% 3%
Sense of safety within the downtown 23% 27% 50% 6% 8%
KEY

POSITIVE

NEUTRAL

NEGATIVE

NONSUBSTANTIATIVE

CHANGE IN

POSITIVE SCORE

CHANGE IN

NEGATIVE SCORE
The 'Change' column
shows the percentage
point changes in positive
and negative scores from
the previous cycle. In
addition, questions with
the largest changes
above 5% are
highlighted.
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April June 2024
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COMMUNITY CHARACTERISTIC SATISFACTION SCORE CHANGE
Overall quality of services provided by Banning 22% 39% 38% 12% 2% Sense of overall safety 21% 33% 46% 10% 7%
Overall cleanliness and maintenance 20% 32% 49% 9% 4%
Ability of residents to give input to the Banning government 19% 31% 50% 5% 3% Availability of a variety of art and cultural events 15% 29% 56% 8% 8% Availability of jobs that pay a living wage 8% 25% 67% 10% 9% KEY

POSITIVE

NEUTRAL

NEGATIVE

NONSUBSTANTIATIVE

CHANGE IN

POSITIVE SCORE

CHANGE IN

NEGATIVE SCORE
The 'Change' column
shows the percentage
point changes in positive
and negative scores from
the previous cycle. In
addition, questions with
the largest changes
above 5% are
highlighted.
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Zencity Community Survey Banning, CA
April June 2024
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The ratings residents gave these
parts of life showed a connection to
their overall satisfaction
In order to appear here, a characteristic must a) demonstrate a strong correlation with how residents rated their overall satisfaction and b) receive a notably high or low satisfaction score
Maintain
High-scoring characteristics with strong
correlation to overall satisfaction
Focus on
Low-scoring characteristics with strong
correlation to overall satisfaction
50% 5%
Sense of Safety Within
Your Neighborhood
27% 4%
22% --
21% 10%
Sense of Overall Safety
46% 7%
33% 3%
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Strengths
This community characteristic was selected
because it had a high correlation with
satisfaction AND received a notably high score.

The percentages shown indicate the percent of
respondents who responded positively 4 or 5.

The bars indicate the proportion of respondents
who were positive, neutral 3, or negative 1 or

2. For groups between 30 and 49 respondents, we
highlight the small sample size using an asterisk
(*). Use these scores with caution.
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Zencity Community Survey Banning, CA
April June 2024
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Zencity Community Survey Banning, CA
April June 2024
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In Focus
This community characteristic was selected
because it had a high correlation with
satisfaction AND received a notably low score.

The percentages shown indicate the percent of
respondents who responded positively 4 or 5.

The bars indicate the proportion of respondents
who were positive, neutral 3, or negative 1 or

2. For groups between 30 and 49 respondents, we
highlight the small sample size using an asterisk
(*). Use these scores with caution.
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Zencity Community Survey Banning, CA
April June 2024
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2127
Community Benchmark Banning, CA
April June 2024
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Community
Benchmark
2128
Community Benchmark Banning, CA
April June 2024
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How we compare Banning, CA
to other similar communities
Residents from more than 1,000 communities across the United States have participated in Zencity’s Community Surveys. We use the combined results from these surveys to produce our benchmark estimates. By averaging across respondents from dozens or hundreds of different communities, it’s possible to arrive at a picture of what the results for a “typical” community in that cohort look like. This offers a way to compare your results- particularly strengths and areas for improvement- within a greater context. Each community running a Community Survey with Zencity receives a customized community benchmark cohort that reflects its unique characteristics.

First, the cities, towns, and counties in the United States are allocated into cohorts using variables such as population size, geography, density, and demographics to group similar communities together. Then, each cohort’s benchmarks are calculated using the same scoring methodology outlined in the Survey Methodology section. Finally, since recruitment methods can differ slightly according to the needs of each community, cohort benchmarks are adjusted accordingly to match the exact distribution of recruitment methods.
2129
Community Benchmark Banning, CA
April June 2024
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These are some of the communities
represented in your cohort
Density is calculated by people per square mile of land area.

Diversity is measured by percentage of people who are not in the largest race or ethnicity group.

Median income is the median annual dollars of income per household.

The data displayed on this page was sourced from the U.S. Census Bureau’s 2020 Census of Population and Housing.
+ more communities with similar characteristics
2130
Community Benchmark Banning, CA
April June 2024
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The overall resident
satisfaction in Banning is
lower than its cohort.
47%
Banning
82%
Cohort
78%
National
Banning
Cohort
National

QUESTION NATIONAL COHORT YOUR SCORE SATISFACTION COMPARISON How is the overall quality of
life in Banning?
66% 66% 32%
How likely are you to
recommend Banning as a
place to live?
63% 61% 32%
How likely are you to be living
in Banning 5 years from now?
65% 70% 58%
0% 25% 50% 75% 100%
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Community Benchmark Banning, CA
April June 2024
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Satisfaction with
Life in Banning,
CA
Breakdown by characteristic
Banning
Cohort
National

QUESTION NATIONAL COHORT YOUR SCORE SATISFACTION COMPARISON Availability of affordable housing 34% 28% 34%
Availability of jobs that pay a living wage 39% 34% 8%
Access to quality education 63% 59% 23%
Ease of getting around by public
transportation
41% 35% 27%
Sense of overall safety 60% 60% 21%
Overall cleanliness and maintenance 57% 57% 20%
Quality of parks and recreational amenities 63% 61% 32% Availability of a variety of art and cultural
events
50% 43% 15%
0% 25% 50% 75% 100%
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Free-Text
Responses
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Zencity Community Survey Banning, CA
April June 2024
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What residents love
Question: What is your favorite thing about living in Banning? What residents want changed
Question: What is the one thing you would change in Banning? 2134
Zencity Community Survey Banning, CA
April June 2024
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Rotating
Survey Section
The rotating survey section focuses on one
issue per survey cycle and can be updated as
new areas of interest emerge.
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April June 2024
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75% of respondents frequently
use social media to get
information about things going
on in Banning.

The question: Which of the following sources do you
frequently use to get information about things going on in Banning?
Social media 75% • 5%
Local newspapers 33% • 3%
City website 29% • 1%
Email 11% • 3%
Government Access Channel 10 10% • 1%
Attend city meetings 9% • 3%
None of the above 9% • 3%
Civic organizations 4% • 2%
Other 4% • --
Local radio 2% • 2%
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Zencity Community Survey Banning, CA
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74% of respondents use
Facebook the most.

The question: Which social media platforms do you use
most?
Facebook 74% • 8%
Instagram 49% • 1%
Youtube 20% • --
TikTok 17% • 2%
Nextdoor 12% • 1%
Twitter 5% • 1%
LinkedIn 3% • 2%
Other 2% • --
I don't use social media 1% • --
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Zencity Community Survey Banning, CA
April June 2024
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53% of respondents prefer to
contact the City and City
departments by email or by
phone.

The question: How would you prefer to contact the
City and City departments?
Email 53% • 4%
Phone 53% • 1%
Text 31% • 1%
Direct message via social media 21% • 4%
City meetings 14% • 2%
Other 2% • 1%
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Zencity Community Survey Banning, CA
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The
Questionnaire
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Zencity Community Survey Banning, CA
April June 2024
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Section 1
General
Satisfaction

QUESTIONS CHOICES
How is the overall quality of life in Banning? *
1 5 Scale
Poor Excellent)
How likely are you to recommend Banning as a place to live? * 1 5 Scale
Very unlikely Very likely)
How likely are you to be living in Banning 5 years from now? * 1 5 Scale
Very unlikely Very likely)
What is your favorite thing about living in Banning? Open Ended What is the thing you would most want to change about life in Banning? Open Ended 2140
Zencity Community Survey Banning, CA
April June 2024
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Section 2
Community
Characteristics

QUESTIONS
Availability of affordable housing
Availability of jobs that pay a living wage
Access to quality education
Availability of a variety of art and cultural events
Ease of getting around by public transportation
Sense of overall safety
Sense of safety within your neighborhood
Sense of safety within the downtown

QUESTIONS
Ability of residents to give input to the Banning
government
Overall cleanliness and maintenance
Quality of parks and recreational amenities
Overall quality of services provided by Banning
Quality of municipal electric services
Quality of water utility services
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Zencity Community Survey Banning, CA
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Section 3
Rotating
Survey Section

QUESTIONS CHOICES
Which of the following sources do you frequently use to get information about things going on in Banning?
Social media / Local newspapers / City website /
Email / Local radio / Government Access Channel 10 /
Civic organizations / Attend city meetings / None of
the above / Other
Which social media platforms do you use most? Facebook / Instagram / TikTok / Twitter / LinkedIn / Youtube / Nextdoor / I don't use social media / Other
How would you prefer to contact the City and City
departments?
Email / Phone / Text / Direct message via social media
/ City meetings / Other
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Zencity Community Survey Banning, CA
April June 2024
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Section 4
Demographics

QUESTIONS CHOICES
In what year were you born? * Open Ended
Which of the following do you identify as? * Male / Female / Prefer to self-describe Please state the gender you identify as. Open Ended
Which one of these statements best describes your
current situation? *
Full-time employed / Part-time employed / Unemployed /
Student / Apprentice/intern / In retirement or early retirement / Permanently disabled / Fulfilling domestic tasks or looking after children/family / Prefer not to say / Other
Are you of Hispanic, Latino, or Spanish origin? * Yes / No / Prefer not to say What is your race? *
White / Black or African American / American Indian or Alaska Native / Asian / Native Hawaiian, Samoan, Chamorro, or other Pacific Islander / Prefer not to say / Other
2143
Zencity Community Survey Banning, CA
April June 2024
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Section 4
Demographics

QUESTIONS CHOICES
Are you of Hispanic, Latino, or Spanish origin? * Yes / No / Prefer not to say What is your race? *
White / Black or African American / American Indian or Alaska Native / Asian / Native Hawaiian, Samoan, Chamorro, or other Pacific Islander / Prefer not to say / Other
Is your home: *
Owned by you or someone in your household, with or without a mortgage or loan? / Rented? / Occupied without payment of rent? / Prefer not to say
What is the highest level of school you have
completed or the highest degree you have received? *
Less than a high school diploma / High school graduate or GED / Trade school / Some college but no degree / Associate degree in college / Bachelor’s degree For example: BA, AB, BS / Master’s degree (for example: MA, MS, MBA /
Professional School Degree (for example: MD, DDS, DVM,
LLB, JD / Doctorate degree (for example: PhD, EdD / Prefer not to say
2144
Published on July 18, 2024 by Zencity
[email protected]
2145

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Art Vela, Public Works Director
Lincoln Bogard, Administrative Finance Director
MEETING DATE: February 25, 2025
SUBJECT: Discussion of Next Steps in the Banning Electric Utility Financial Recovery Plan
RECOMMENDATION:

City Council previously approved a strategy for recovering the Banning Electric Utility's (BEU) cash balance including a 13.9% rate increase each November 2024 and 2025, and $6 million debt issuance to replenish cash balance (“BEU Financial Recovery Plan”). Staff requests a discussion and confirmation of the next step (debt issuance) or alternative Council direction.

BACKGROUND:

Prior to November 2024, the Banning Electric Utility (BEU) last increased rates overall in 2013. During the intervening years, the BEU saw increased pressure from operating expense inflation, increasing power purchase costs (increasing 31% from 2019-2023), and increased capital expenditures. During this time, BEU’s average monthly single family residential bill was significantly lower than neighboring cities served by Southern California Edison.

During the three-year period from fiscal years 2020-21 through 2022-23, BEU expended approximately $10 million per year on capital projects (compared to a prior 6-year average of $3.5 million per year).

Prior to fiscal year 2020-21, the BEU’s reserves remained above $15 million (higher than the ~$11 million policy). However, with the increased capital expenditures beginning in Fiscal year 2020-21, BEU’s reserves and cash balance saw dramatic decreases during the subsequent three-year period. In fiscal year 2023-24, BEU did not generate sufficient revenues to cover its operating costs, debt service, and capital expenditures (though capital expenditures were reduced to the minimum amount possible in fiscal year 2023-24). As a result, BEU had a bond debt service coverage covenant default (debt service coverage was well under the 120% required in the bond documents). Additionally, BEU ended fiscal 2023-24 with a negative $6.5 million cash balance. BEU operating expenses and debt service payments were made through borrowing from other City Funds, putting pressure on those funds – including the City’s General Fund.

As a result of this deteriorating financial position, S&P Global Ratings took several actions to decrease the BEU’s rating from “A-“ (June 2022) to “BB-“ (November 2024). They met with City staff twice in 2024 to discuss the financial condition and the City’s plan to improve the condition of its finances over the next two years. The most recent downgrade to “BB-“ in November 2024 also had a negative outlook – which means that S&P plans to further downgrade the credit rating if BEU’s financial position does not increase materially over the next year or two.

At the August 27, 2024, City Council meeting, Council received a report from staff and discussed four 2146
options for a potential BEU Emergency Rate Increase, staff report attached hereto. Those four options ranged from “do nothing” to implementing a one-time 64% emergency rate increase to replenish the BEU’s cash position and remedy its coverage covenant default. After discussion, Councilmembers selected an initial option which included two 22% emergency rate increases (one in November 2024 and the second in November 2025). Council also requested that staff evaluate some additional scenarios and present an updated analysis at a subsequent meeting.

At the September 24, 2024, City Council meeting, Council reviewed updated analysis of options available to bring the Electric Utility’s cash balance from negative to positive by the end of fiscal year 2026, staff report attached hereto. Staff presented three scenarios at that meeting – a scenario (3B) that reflected 22.7% rate increases each November 2024 and November 2025, a second scenario (3C) that spread those rate increases over a 3-year period (14.7% per year, each November 2024-2026), and a third scenario (4B) that targeted a 13.9% rate increase each November 2024 and 2025, and $6 million debt issuance to replenish cash balance (“BEU Financial Recovery Plan”). City Council indicated a preference for the third (4B) scenario, with the assumption that the debt financing component would be evaluated at a subsequent meeting.

At the October 22, 2024 City Council Meeting, City Council took action to adopt Resolution 2024-169 that authorized an emergency 13.9% rate increase, effective November 1, 2024 and authorize a second

13.9% emergency rate increase, effective November 1, 2025. The understanding is that the actual rate increase on November 1, 2025, will be subject to the findings of an electric rate study. That electric rate study is underway and Staff expect that it will be completed in Fall 2025.

Based on this background and the adopted 13.9% rate increases, staff wish to discuss the financing component of the BEU Financial Recovery Plan to get further direction from City Council.

JUSTIFICATION:

The City Council took action in October 2024 to authorize two 13.9% emergency rate increase each November 2024 and November 2025. These rate increases are deemed necessary to maintain the solvency of BEU and ensure that there are sufficient revenues to pay for operating expenses, power purchase costs, and minimal, but essential capital projects.

The current BEU Financial Recovery Plan assumes 13.9% annual rate increases each November 2024 and November 2025. Additionally, it assumes that the City issues a $6.1 million bond, split into two series: a $2.3 million tax exempt series to be used to address capital needs through fiscal year 2026 and a $3.8 million taxable series to be used to repay a portion of what BEU owes to other City Funds and bring BEU cash balance positive by the end of fiscal year 2025-26.

Because of BEU’s current credit rating (“BB-“), a debt financing would likely be issued without a credit rating. Additionally, given the size and anticipated term (20 years or less), the bonds would be sold through private placement process to a single investor (typically a regional or national bank). Given the BEU’s financial position, we would expect that an investor would require a significant risk premium in the interest rate. Additionally, since a portion of the financing would be issued on a taxable basis, we would anticipate that portion to have an interest rate in the 6-7% range. In addition, NHA Advisors informed staff that there may be additional options available to more comprehensively address the liquidity needs through a larger restructuring of the existing debt of BEU. These options require further research to validate, but would still require City Council’s approval to issue new money debt for the purposes outlined in the original plan.

Upon direction from City Council, staff will work with NHA Advisors (the City’s "Municipal Advisor") and other financing professionals (legal counsel, placement agent) to solicit financing proposals from regional and national banks. City staff will work with NHA Advisors to evaluate the proposals, select the best proposal, and bring a financing agreement before council at a subsequent meeting for consideration. It’s important to note that soliciting financing proposals does not obligate the City to enter into a financing 2147
agreement.

If BEU does not issue debt, the timeline for BEU’s cash balance to return to a positive position (and repay all inter-fund loans to other City funds) is extended two more years – fiscal year 2027-28. As an alternative option to debt financing, the City could explore higher rate increases in fiscal year 2025-26 (higher than the 13.9% approved by Council in October 2024) to bring BEU’s cash balance positive by the end of fiscal year 2025-26. City staff can work with its rate consultant and municipal advisor to determine the magnitude of rate increases needed under this alternative.

FISCAL IMPACT:

There is no fiscal year 2024-25 budgetary impact from Council directing staff to solicit financing proposals from banks. The City would be under no obligation to enter into a financing agreement after soliciting proposals. Said financing proposal would be brought to Council at a future meeting for consideration. The issuance costs of financing (likely ~2% of principal) are paid on a contingent basis (contingent upon successful completion of the financing) and would be paid out of the financing and amortized over the life of the loan. First debt service payments would not commence until fiscal year 2025-26.

If BEU does not bring its cash balance positive by the end of fiscal year 2026, it is possible that S&P would further downgrade BEU’s 2015 Bonds. Since the 2015 Bonds were sold with a fixed interest rate, changes in the credit rating (up or down) do not impact the annual debt service on those bonds. Rather, the current credit rating impacts the future cost of issuing bonds or debt financing future capital projects.

All else being equal, higher credit ratings translate into lower cost of borrowing.

In addition to the credit rating considerations, BEU’s negative cash balance is only possible through extensive inter-fund borrowing. This borrowing puts stress on other City funds, namely the General Fund.

Failure to improve BEU’s cash balance and bring it into the positive territory would continue to have a negative impact on the General Fund’s available cash balance and could impact City services.

ALTERNATIVES:

1. Direct City staff to work with its Municipal Advisor to assemble a finance team to solicit bank bids for a private placement of approximately $6.1 million in BEU debt and evaluate a potential restructuring of existing debt.

2. Direct City staff to work with its rate consultant to provide a comparison of rate impacts with and without debt financing. This alternative will essentially eliminate or defer the debt financing step include as part of the BEU Financial Recovery Plan, lead to a potential downgrade of BEUs credit rating and defer capital investments (i.e. infrastructure and equipment).

3. Provide alternative direction to staff
BUDGETED?:

Yes
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Staff Report - August 27 2024 (BEU Rate Increase Options).pdf

2. Staff Report - September 24 2024 (BEU Rate Increase Options).pdf

3. Resolution 2024-169 - October 22 2024 (Approving BEU Rate Increases).pdf

4. Summary of BEU Recovery Plan.pdf
2148

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
Lincoln Bogard, Administrative Finance Director
MEETING DATE: August 27, 2024
SUBJECT: Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios
RECOMMENDATION:

Discuss the different alternatives for a possible emergency electrical rate increase and provide direction to staff.

BACKGROUND:

On May 14, 2024 City Council approved Resolution 2024-71, approving a contract with NHA Advisors, LLC (NHA). NHA's scope of work included financial planning, debt management and financial implementation, ballot initiatives and other related services. Recognizing the financial challenges faced by the Banning Electric Utility (BEU), Resolution 2024-71 included a $100,000 task order to evaluate and assess financing and other options for BEU.

On June 25, 2024, staff presented a report regarding the lowering of the Banning Finance Authority's Outstanding Electric System Revenue Bond rating and requested that City Council consider an interim Electric Rate Adjustment. City Council provided direction to staff to return at a future meeting with options for City Council to consider regarding an Emergency Electric Rate Increase.

City staff worked with NHA, to analyze four preliminary options for an emergency electric rate increase in the to improve operating revenues and replenish cash balances. It is important to note that the analysis presented in this staff report are best estimates available at this time based on a dynamic model, but this modeling is not a cost of service study and NHA is not acting as the City’s rate consultant. The City will soon be issuing a request for proposals for a consultant to perform a cost of service study, and is also proceeding with this high level analysis in the interest of time.

Option 1
This option is a “do nothing” scenario and evaluates the impact to BEU of not implementing emergency rate increases. This scenario assumes the first electric utility rate increases happen after the City completes a full cost of service study in conjunction with the electric master plan. Under this scenario, the cash balance is expected to be more negative by FY 2025 end, which will further pressure other City funds and could result in an additional credit rating downgrade. Additionally, it is likely that the BEU will have a covenant default related to the 120% debt service coverage requirement on the 2015 Bonds.

Option 2
Option 2 models the amount of emergency rate increase in FY 2025 needed to simply cover operations and essential expenditures. Using FY 2025 budgeted operating revenues and expenses as the baseline, 2149
it calculates that a 13% one-time rate increase (effective October 1, 2024) would generate sufficient revenues in FY 2025 to allow BEU to fund essential CIP, meet the 120% debt service coverage requirement, and cover operating expenses. The fund balance remains negative and does not see any meaningful improvement under this scenario – which means that other City funds will not be paid back for funds loaned to BEU.

Option 3
Option 3 explores the amount of emergency rate increases needed in FY 2025 and FY 2026 to bring the fund balance back into the black – allowing the Electric Utility to repay what it owes to other City Funds.

Analysis of this option calculated that a 64% one-time rate increase in FY 2025, effective October 1, 2024, should generate sufficient revenues to bring BEU cash balance to a positive number after paying back the other City Funds. Under this scenario of Option 3, future years could see a reduction in rates, depending on the findings of the upcoming cost of service study. If stretching that recovery timeline out to two years, two 22% annual rate increases would be needed to bring the fund balance to the same place by the end of FY 2026. Under both scenarios for Option 3, BEU meets its 120% debt service coverage requirement for both fiscal years. Additionally, the BEU replenishes its fund balance within the two-year window given to it by the credit rating agency.

Option 4
Option 4 analyzes the amount of emergency rate increase needed in FY 2025 to cover operations and essential expenditures (similar to Option 2) but expands upon Option 2 to include approximately $10 million bond financing to bring BEU's cash balance back into the positive (allowing it to repay what it owes to other City Funds). The debt service requires a 13% emergency rate increase in FY 2025, which is similar to Option 2. The trade-off to the benefit of the rapid improvement in cash balance is that this Option 4 also has the interest cost of a financing and long-term annual debt service payments.

Debt service on a bond financing would be structured to have minimal to no payments in the first two years to allow the Electric Utility to build up its reserves and adopt a longer-term rate increase plan.

Compared to Option 2, this option would require higher long-term rate increases to support the annual debt service on a bond.

Because of the Electric Utility’s current “BB” credit rating, it is likely that a bond financing would be unrated. Additionally, it would be issued on a taxable basis because of IRS limitations on the use of tax exempt debt to reimburse an issuer for prior capital expenditures.

Staff is seeking direction from City Council on which option it would like to proceed with. Staff would return to City Council in September with a resolution for either Option 2, 3 or 4, if one of those are selected.

JUSTIFICATION:

The Electric Utility’s cash balance has decreased significantly in recent years due to a combination of capital spending and inflationary pressures. Over the past three years, the Electric Utility has spent $10 million per year on average toward capital projects. Additionally, while the Electric Utility has historically been able to generate sufficient operating revenues to cover operating expenses, in each of the last three fiscal years – 2022, 2023 and 2024 – operating expenses have been greater than operating revenues. One driver behind this is power purchase costs, which increased 31% from 2019 to 2023.

As a result, the Electric Utility’s unrestricted cash and investments balance decreased significantly from over $18 million in FY 2019 to negative $9.5 million in FY 2024. Because operating expenses have been greater than revenues in the last three years and cash balances are negative, Electric Utility has needed to borrow from other City funds, which has put significant strain on those funds. 2150
The General Fund’s cash balance in FYE 2023 was $4.5 million after including a $3.5M amount due from other funds. This is a marked decrease from the General Fund’s pooled cash balances over $13 million in fiscal year 2018. Continued borrowing from the General Fund is not an option to support the Electric Utility. Additionally, the Banning Utility Authority’s Water and Wastewater Funds are subject to California’s Proposition 218 related to utility rates and charges and having those funds’ send cash to the Electric Utility could expose the City to the risk of a legal challenge.

The options listed above, with the exception of Option 1, would provide relief to the current fiscal challenges faced by BEU.

FISCAL IMPACT:

Options 1 thru 4 have different degrees of fiscal impact to BEU.

ALTERNATIVES:

1. Option 1

2. Option 2

3. Option 3

4. Option 4

5. Provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Options 1 thru 4.pdf

2. Staff Report Bond Rating Decrease 6.25.24.pdf

3. Staff Report Reso 2024-71 NHA Advisors.pdf
2151

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
Lincoln Bogard, Administrative Services Director
MEETING DATE: September 24, 2024
SUBJECT: Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios
RECOMMENDATION:

Discussion of the Banning Electric Utility Emergency Rate Increase Scenarios and provide staff with direction with which scenario to move forward with.

BACKGROUND:

On August 27, 2024, City Council received a report from staff and discussed four options for a potential Banning Electric Utility Emergency Rate In Increase, staff report attached hereto. The four options were are follows:

Option 1 Option 2 Option 3A/3B Option 4
Description No Action Maintains Services
Maintains Services
and Replenishes
Cash with Rate
Revenues
Maintains Services
and Replenishes
Cash $10M Bond
Rate Increase None 13% in FY 2025
64% in FY 2025 or
22% in FY 2025 and
22% in FY 2026
13% in FY 2025
After discussing the options above, Councilmembers selected their preferred option as follows:
- Mayor Sanchez: Option 4
- Mayor Pro Tem Minjares: Option 3B
- Councilmember Wallace: Option 3B
- Councilmember Flynn: Option 3B
- Councilmember Happe: Option 3B
As part of the discussion, Mayor Pro Tem Minjares and Councilmember Flynn requested that staff also provide a revised Option 3 to spread the increases over three years rather than two years.

Staff has evaluated and prepared the following scenarios for Council's consideration:
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Scenario 3B
This scenario is very similar to the scenario shown to City Council in August and models what kind of rate increase would be required to bring the Electric Utility’s cash from negative to positive by the end of fiscal year 2026. This modeling assumes two rate increases – one in November 2024 and one in November 2025. Each of these rate increases is 22.7%. This is slightly higher than the 22% increases shown to Council in August because the analysis in August assumed that the first rate increase would be effective October 1 compared to the November 1 assumption in this update. This analysis assumes that rate increases apply equally to both the energy charge (per kWh) and the Basic Service Charge.

Of the scenarios evaluated for this report, this scenario has the greatest near-term increases.

Scenario 3C
Based on a request at the August 27th City Council meeting, this scenario evaluates the annual rate increases needed to bring the Electric Utility’s cash from negative to positive by the end of fiscal year 2027. Because this scenario assumes a longer recovery, it requires approximately 14.7% annual rate increases – one in November 2024, one in November 2025, and one in November 2026. Under this scenario, the cash balance stays negative until FY 2027. Similar to scenario 3B above, the modeling for this scenario assumes the energy charge (per kWh) and the Basic Service Charge increase with the rate increases.

Because this scenario has the slowest recovery of the Electric Utility’s cash, there is greater risk that unforeseen expenses or cost increases prevent that recovery. Additionally, there is greater risk of further downgrades in the Electric Utility’s credit rating because of this slower recovery.

Finally, due to the anticipated timing of a Cost of Service Study, it is likely that the November 2026 rate increase under this scenario will be changed to something other than 14% based on the findings of that study.

Scenario 4B
This scenario explores the strategic use of bond funding to facilitate the recovery of Electric Utility’s cash position by the end of fiscal year 2026. Unlike the bonds scenario presented to the Council in August (Scenario 4), this Scenario 4B assumes a significantly smaller amount of bond funding raised: $6 million total. That amount is split into $2.2 million raised from a tax-exempt financing and $3.8 million raised from a taxable financing. While the taxable portion is used to replenish fund balance, the tax-exempt portion of the financing is used to address the budgeted capital expenditures in FYE 2025 and 2026. While the entire financing will likely be unrated given the current “BB” credit rating, unlike a taxable interest rate (assumed to be 7%) this analysis assumes a tax-exempt interest rate of 5.5% for a 20-year financing.

Under this scenario, two 13.9% annual rate increases are needed in FY 2025 and FY 2026, followed by additional rate increases in future years to support the debt service. Preliminary modeling suggests that those rate increases beyond FY 2026 are in the 4-6% range.

Unlike Scenarios 3B and 3C above, this Scenario 4B spreads the costs of the capital expenditures and fund balance recovery over a longer period of time. However, because this scenario uses bond financing, there is the cost of long-term bond repayments – though those costs are spread out over 18- 20 years.

The table below summarizes of the key comparisons of the three scenarios for the Residential Service Rate. Please note that the projections for FY 2027 will likely change based the findings of the Cost of Service Study:
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FY 2025 FY 2026 FY 2027
Date Rate Increases Effective November 1 November 1 November 1 Scenario 3B
Rate Increase (Energy Charge Only) 22.7% 22.7% 0%
Cost per kWh $0.174 $0.214 $0.214
Basic Service Charge $37 $45 $45
Avg SFR Monthly Bill* $136 $165 $165
Scenario 3C
Rate Increase (Energy Charge Only) 14.7% 14.7% 14.7%
Cost per kWh $0.163 $0.187 $0.214
Basic Service Charge $34 $39 $45
Avg SFR Monthly Bill* $127 $145 $166
Scenario 4B
Rate Increase (Energy Charge Only) 13.9% 13.9% 5%
Cost per kWh $0.162 $0.184 $0.194
Basic Service Charge $34 $39 $41
Avg SFR Monthly Bill* $126 $143 $150
JUSTIFICATION:

The Electric Utility’s cash balance has decreased significantly in recent years due to a combination of capital spending and inflationary pressures. Over Fiscal Years 2020-21 through 2022-23, the Electric Utility spent $10 million per year on average toward capital projects. Additionally, while the Electric Utility has historically been able to generate sufficient operating revenues to cover operating expenses, in each of the last three fiscal years – 2022, 2023 and 2024 – operating expenses have been greater than operating revenues. One driver behind this is power purchase costs, which increased 31% from 2019 to 2023.

As a result, the Electric Utility’s unrestricted cash and investments balance decreased significantly from over $18 million in FY 2019 to negative $9.5 million in FY 2024. Because operating expenses have been greater than revenues in the last three years and cash balances are negative, Electric Utility has needed to borrow from other City funds, which has put significant strain on those funds.

The General Fund’s cash balance in FYE 2023 was $4.5 million after including a $3.5M amount due from other funds. This is a marked decrease from the General Fund’s pooled cash balances over $13 million in fiscal year 2018. Continued borrowing from the General Fund is not an option to support the Electric Utility. Additionally, the Banning Utility Authority’s Water and Wastewater Funds are subject to California’s Proposition 218 related to utility rates and charges and having those funds’ send cash to the Electric Utility could expose the City to the risk of a legal challenge.

The options listed above would provide relief to the current fiscal challenges faced by BEU.

FISCAL IMPACT:

Options 3B, 3C and 4B have different degrees of fiscal impact to the Banning Electric Utility.

ALTERNATIVES:
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1. Option 3B

2. Option 3C

3. Option 4B

4. Provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. 8.27.24 Electric Rate Increase Options Staff Report.pdf

2. 8.27.24 Electric Rate Increase Power Point NHA Advisors.pdf

3. Option 3B Electric Rate Schedules.pdf

4. Option 3C Electric Rate Schedules.pdf

5. Option 4B Electric Rate Schedules.pdf

6. Financial Analysis of Options.pdf
2155

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: October 22, 2024
SUBJECT: Consideration of Resolution 2024-169, Approving Electric Rate Increases and Revisions to Certain Electric Rates and Tariffs
RECOMMENDATION:

Adopt Resolution 2024-169.

BACKGROUND:

On June 25, 2024, staff reported on the lowering of the Banning Finance Authority's Outstanding Electric System Revenue Bond rating, see staff report attached hereto. In summary, the City’s outstanding Electric System 2015 Refunding Revenue Bonds (current outstanding balance: $20,880,000) underlying rating was downgraded from A- to BB due to two primary factors:

1. Lack of proactive rate setting: while the electric rates underwent various restructures, the rates have not been increased for the purpose of generating additional revenue since 2013.

2. The use of interfund borrowing to meet financial obligations: due to increases in power purchase costs, operating expenses and accelerated investments in capital improvements, the Banning Electric Utility’s cash balance fell below reserve policy and has been supplemented by other City funds.

During the June 25, 2024 discussion, City Council provided direction for staff to prepare different rate increase options. On August 27, 2024, staff returned (see attached staff report) with four options:

1. Option 1: No rate increase; do nothing.

2. Option 2: A 13% rate increase in FY 2025 to cover the annual deficit only.

3. Option 3: A 64% rate increase in FY 2025 (Option 3A) or a 22% rate increase in FY 2025 and FY 2026 (Option 3B) to cover the annual deficit, brings cash balance to positive and avoids debt coverage covenant default.

4. Option 4: A 13% rate increase in FY 2025 to cover the annual deficit, bring cash balance to positive and avoids debt coverage covenant default. This option replenishes cash with $10M bond revenue.

Although the majority of City Council supported Option 3B, two City Councilmembers (Flynn and Minjares) requested to see a modified Option 3B, that would include increases spread over three years rather than two years.

On September 24, 2024, staff presented three electric rate increase options for City Council’s consideration:
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1. Option 3B: Same as described above, although updated to reflect an increase of 22.7% each year in FY 2025 and FY 2026.

2. Option 3C: 14.7% rate increase each year in FY 2025, FY 2026 and FY 2027 to cover the annual deficit, bring cash balance to positive and avoids debt coverage covenant default.

3. Option 4B: 13.9% rate increase per year in FY 2025 and FY 2026 to cover the annual deficit, bring cash balance to positive and avoids debt coverage covenant default. This options is similar to Option 4 described above, although revised to rely on $6M in bond revenue made up of $3.8M in taxable financing and $2.2m in tax exempt financing.

In concluding the discussion, Council majority supported Option 4B.

If approved, the following rates and tariffs will be adjusted as follows (see Exhibit “A” for revised rate and tariff pages in their entirety; all others remain unchanged):

Residential Service (RS-1)
Current 11/1/2024 11/1/2025
Basic Service Charge –
per meter
$30 $34 $39
Energy Charge – per
kWh
$0.1421 $0.1619 $0.1843
General Service Single Phase (GS-1)
Current 11/1/2024 11/1/2025
Basic Service Charge –
per meter
$58.50 $67 $76
Energy Charge – per
kWh
$0.1202 $0.1369 $0.1559
Small Commercial Multi-Phase (SC-1)
Current 11/1/2024 11/1/2025
Basic Service Charge –
per meter
$58.50 $67 $76
Energy Charge – per
kWh
$0.1202 $0.1369 $0.1559
Multi-Phase Service
Meter Charge
$3.97 $4.52 $5.15
Interruptible Well Service (IW-1)
Current 11/1/2024 11/1/2025
Basic Service Charge –
per meter
$300 $342 $389
Energy Charge – per
kWh
$0.1052 $0.1198 $0.1365
Demand Charge – per
kWh
$13.50 $15.38 $17.51
Medium Commercial Service (MC-1)
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Current 11/1/2024 11/1/2025
Basic Service Charge –
per meter
$200 $228 $259
Energy Charge – per
kWh
$0.1105 $0.1259 $0.1434
Demand Charge – per
kWh
$17.05 $19.42 $22.12
Industrial Service (IS-1)
Current 11/1/2024 11/1/2025
Basic Service Charge –
per meter
$400 $456 $519
Energy Charge – per
kWh
$0.1010 $0.1150 $0.1310
Demand Charge – per
kWh
$14.50 $16.52 $18.81
Street Lighting Service (SL-1)
Current 11/1/2024 11/1/2025
Per Street Light $8.45 $9.62 $10.96
Security Lighting Service (SL-2)
Current 11/1/2024 11/1/2025
100 Watt Equivalent LED $9.72 $11.07 $12.61
250 Watt Equivalent LED $24.30 $27.68 $31.52
100 Watt Sodium Vapor $19.43 $22.13 $25.21
150 Watt Sodium Vapor $29.15 $33.20 $37.82
175 Watt Sodium Vapor $34.00 $38.73 $44.11
200 Watt Sodium Vapor $38.87 $44.27 $50.43
250 Watt Sodium Vapor $48.58 $55.33 $63.02
400 Watt Sodium Vapor $77.73 $88.53 $100.84
20 Foot or 35 Foot Wood
Pole (City owned)
$4.01 $4.57 $5.20
JUSTIFICATION:

Banning Electric Utility’s (“BEU”) cash balance has decreased significantly in recent years due to a combination of capital spending and inflationary pressures. Over Fiscal Years 2020-21 through 2022-23, BEU spent $10 million per year on average toward capital projects. Additionally, while BEU has historically been able to generate sufficient operating revenues to cover operating expenses, in each of the last three fiscal years – 2022, 2023 and 2024 – operating expenses have been greater than operating revenues. One driver behind the increase in operating expenses is power purchase costs, which increased 31% from 2019 to 2023.

As a result, BEU’s unrestricted cash and investment balance decreased significantly from over $18 million in FY 2019 to negative $9.5 million in FY 2024. Because operating expenses have been greater than revenues in the last three years and cash balances are negative, BEU has needed to borrow from 2158
other City funds.

BEU’s capital improvement plan has been drastically reduced with the intent of reducing expenditures and impacts the required electric rate increase, evident that the rate increases are not in excess of the revenue requirements reasonably necessary to operate the City’s electric utility.

FISCAL IMPACT:

If approved, the first rate increase of 13.9% would become effective on November 1, 2024 and the second rate increase of 13.9% would become effective on November 1, 2025. The rate increase will generate sufficient revenue to cover all of Banning Electric Utility expenses including: general administrative services; services rendered by other city departments in support of the Banning Electric Utility; additions and betterments to the electric utility system; the amortization or depreciation of obsolete facilities within the electric utility system; any and all bonded indebtedness incurred in the construction or extension of the electrical utility system, including principal and interest thereof; and a reasonable reserve fund to provide for unforeseen contingencies.

The proposed electric rate increases will result in approximately $2.5M in additional revenue in FY 2025 and $4.1M in additional revenue in FY 2026.

ALTERNATIVES:

1. City Council could elect to reject staff’s recommendation and no pursue an electric rate increase.

This alternative would result in further degradation of BEUs cash balance as well as impact the City overall cash position. This alternative may also lead to further lowering of BEU’s bond rating.

2. City Council could elect to reconsider the previous electric rate increase options or request another be explored. This alternative will result in further degradation of BEU’s cash balance until rate increases are approved. This alternative may also lead to further lowering of BEU’s bond rating.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2024-169, Electric Rates and Tariffs.docx

2. Exhibit A - Revised Electric Rates and Tariffs

3. 6.25.24 Staff Report Lowering of Bond Rating.pdf

4. 8.27.24 Electric Rate Increase Options Staff Report.pdf

5. 8.27.24 Electric Rate Increase Power Point NHA Advisors.pdf

6. 9.24.24 Electric Rate Options.pdf

7. Affidavit - Public Notice of Electric Rates Increase.pdf 2159
Banning Electric Utility Financial Recovery Plan Summary Background on the Current
Situation
• Prior to November 2024, BEU last increased rates
overall in 2013
• BEU saw increasing pressure from operating expense
inflation, power purchase costs, and increasedcapital expenditures • BEU electric rates historically have been significantly less than neighboring cities served by SCE
• BEU expended $10 million per year on capital
projects in FYEs 2021-2023 (vs $3.5M annualaverage for the prior 6 years) • BEU reserves remained above $15M (vs $11M
policy) from 2016-2020, but saw dramatic decreasesinto negative territory • Negative $6.5M BEU cash as of June 2024• Debt Service Coverage was under the 120% requirement in FYE 2024 (“technical default”)
• S&P took several actions to decrease the credit
rating from “A-” (June 2022) to “BB-” (November2024) with a negative outlook for • City Council took action to authorize an emergency
rate increase of 13.9% on November 1, 2024, and13.9% on 11/1/2025 The Current Question
• City is currently in the process of a long-term BEU
rate study with multiple years of rate increases; thatstudy is expected to be completed Fall 2025 • Increased revenues following 13.9% emergency rate
increase on 11/1/24 are expected to generatesufficient revenue to meet the 120% Debt Servicefor FYE 2025 • Scenario 4B selected by City Council outlined the use of ~$6M bond financing in FYE 2025, with $3.8Mgoing to replenish fund balance (remainder to beused for capital projects over the next 2-3 years) • Under Scenario 4B the BEU cash balance is expected
to be positive by end of FYE 2026
• In the absence of a bond financing, the BEU cash
balance is expected to remain negative until FYE2028
Should the City proceed at this time with exploring
the issuance of approximately $6 million in bonds
to replenish BEU cash balance and fund a portion of
CIP for the next 2 years?
Financing Considerations
• S&P’s November 2024 rating report indicated that
rating downgrades were possible if liquidity does not
materially improve on a sustained basis; waiting untilFYE 2028 for BEU cash to recover to positive balancerisks a further downgrade • Current BEU credit rating is “junk” status, so a
financing in 2025 would be issued without a creditrating, likely sold to one purchaser (e.g., a regionalor national bank, aka “private placement”) • Term of the financing can vary – typically 10-15
years with a limit at 20 years for a private placement
• Interest rate on the unrated, private placement
financing is could be in the 6-7% range
• Costs of issuing $6M in bonds are likely in the $100- 120K range (~2% of principal) and would be paid out
of the financing with no FYE 2025 budgetary impactto BEU • Future annual debt service on a $6M financing
would need to be factored into long-term financialand rate plans Next Steps: If directed, the City’s financing team will contact banks for bids/term sheets on a $6M financing and will come back to Council in 1-2 months with a financing proposal and financing agreement for Council vote; financing team’s work would be done on a contingent basis and the City will under no obligation to issue debt if bank bids are not acceptable 2160

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: February 25, 2025
SUBJECT: Discussion of a City of Banning Fire Hydrant Maintenance Program RECOMMENDATION:

Discuss the City's current fire hydrant maintenance activities and the development of a formal Fire Hydrant Maintenance Program.

BACKGROUND:

Due to the recent fires in Los Angeles County, the public has had general criticism about California's water management and specific concerns about fire hydrant readiness to serve. It's noted that the complications during the recent fires in Southern California primarily revolved around the severity and span of the fires along with a lack of water supply for various reasons (e.g. significant increase in fire suppression demand, unavailable equipment such as storage reservoirs and wells, etc.). Nonetheless, the magnitude of the devastation created by the recent fires is reason enough to reevaluate current practices and identify areas for improvement.

While the City of Banning, Water Division of the Public Works Department, does not currently have a formal written fire hydrant maintenance policy, current practices include the inspection and maintenance of fire hydrants of most, but not all, fire hydrants throughout the City. Typically, the City's Water Division staff inspect and operate fire hydrants during various activities such as: water main flushing, draining related to leak repairs, fire flow testing, installation of construction water meters, pressure testing/monitoring and visual inspections. While these activities regularly allow staff to ensure fire hydrants are maintained, it's possible that not all fire hydrants are visited and operated by staff.

In order to continue with the City's goal of providing safe, affordable and reliable water service, it would be prudent for the Public Works Department to develop a formal Fire Hydrant Maintenance Program which includes:

Maintenance of approximately 1,820 Fire Hydrants (FH)
Inspect and exercise each FH once every two years at minimum Maintain GIS mapping of FH
Utilize Asset Management Software as system of record to ensure all FH are inspected and exercised
Inspection checklist (e.g. rust, bolts, breakaways, paint, lubrication, weeds, traffic marker, nozzle caps, etc.)
Repair and/or replace FH when needed
Review and identification of areas in the City that may lack FH If acceptable to City Council, staff will begin working on a formal written FH Maintenance Program and 2161
present it to City Council at a later date.

JUSTIFICATION:

The development of a formal written Fire Hydrant Maintenance Program will ensure that FH are readily available and in operable condition.

FISCAL IMPACT:

It is anticipated that the Water Division would minimally need to add one Water Service Maintenance Worker position to be dedicated to the FH Maintenance Program.

Other unknown costs would be associated with water loss (non-revenue water) during FH flushing, FH repairs/replacements, miscellaneous materials.

ALTERNATIVES:

Do not move forward with a formal written FH Maintenance Program and continue with current practices.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
2162
AGREEMENT FOR PROFESSIONAL SERVICES (C00931) FOR DESIGN OF

RAMSEY STREET WATER MAIN BY AND BETWEEN CITY OF BANNING AND GLENN A. RICK ENGINEERING & DEVELOPMENT CO. DBA RICK

ENGINEERING COMPANY
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Glenn A. Rick Engineering & Development Co., a California Corporation, dba Rick Engineering Company. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought by issuance of a Request for Proposals (RFP No. 23-036) from the bench of prequalified Engineers (RFQ-22-007), the performance of the services for the Design of Ramsey Street Water Main and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in 2344655v8
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performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works,” Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B hereto.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).

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1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section

2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

1.9 Facilities and Equipment.

Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.

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1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

1.11 Corrections.

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

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

1.12 Party Representatives.

A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

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

Name Title
Richard O’Neill Associate Principal
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer.

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2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.

Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

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

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

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

1.14 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2167 830
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in Exhibit C-1 and the not-to-exceed sub-budget rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Three Hundred Eighty-Six Thousand Eight Hundred Ninety-Five ($386,895.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.

2.4 Unauthorized Services and Expenses.

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

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2168 831
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2169 832
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

The Term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections

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

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

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

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

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2170 833
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

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

4.4 Primary and Non-Contributing.

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

4.5 Consultant’s Waiver of Subrogation.

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

4.6 Deductibles and Self-Insured Retentions.

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

4.7 Cancellations or Modifications to Coverage.

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

4.8 City Remedy for Noncompliance.

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

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

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4.9 Evidence of Insurance.

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

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

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-contractor Insurance Requirements.

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

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c). 2) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2172 835
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damages (collectively “Claims”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
3) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.3. 4) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities and Claims, in law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities and Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

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

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

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

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2174 837
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risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2175 838
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court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.

6.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2176 839
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Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.

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6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

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

7.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2178 841
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require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.

7.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.

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

7.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

If to City Attn: Nathan Smith
Deputy Director of Engineering
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2179 842
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With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Rick O’Neill
Rick Engineering Company
1770 Iowa Avenue, Suite 100
Riverside, CA 92507

8.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.4 Integration; Amendment.

This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Mutual Cooperation.

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

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

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8.11 Word Usage.

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

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

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

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

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

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

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 11/8/2023
Richard O'Neill
Riverside, CA 92507
Rick Engineering Company
11/10/2023
1770 Iowa Ave, Suite 100
95-1859899
Associate Principal
11/15/2023
11/14/2023
11/15/2023
2183 846
Exhibit “A”-1
11303-0008\2450682v1.doc
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Engineer Design Services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:

DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2184 847

SCOPE OF WORK
Rick Engineering Company (RICK) will perform the following services in connection with providing the design of a new ductile iron pipe (size TBD by city) water main in Ramsey Street between Sunset Avenue and Highland Home Road based on the following scope of work.

Task 1. Project Management

1.1 Kick-off Meeting and Project Management
After execution of the contract, Rick Engineering Company (RICK) will schedule and attend a kick-off meeting with the City of Banning (City) to discuss the project scope, goals, preliminary findings and alignment selected by the City, finalize the project schedule, and identify available as-built plans and studies. RICK will prepare the meeting agenda and provide the team with meeting minutes following the meeting.

RICK will provide project management of the project that includes preparation and maintenance of a project specific Work Plan. The Work Plan will include details of methodology of design, sequence of tasks lists of deliverables, milestone submittal schedule, summary of organizational responsibilities, and a communication plan with contacts of all team members. Additionally, RICK will provide utility coordination with the utility providers that have utilities along the alignment, and perform quality assurance and quality control prior to each milestone submittal, and in conformance with federal, state, and city standards.

Deliverables – Meeting agenda and minutes, Work Plan

1.2 Progress Meetings
RICK will schedule monthly progress meetings with the City and project team, that will be face to face or virtual, and facilitate additional meetings with the City departments/stakeholders as needed for the project during the project duration.

Scope assumes 8 monthly meetings, that includes milestone design review / comment resolution meetings and an additional 3 project meetings.

RICK will prepare agendas and minutes for the meetings, distribute the minutes, and will also provide a monthly progress report to be included with the monthly invoice.

Deliverables – Meeting agendas and minutes
EXHIBIT "A" Exhibit "A" - 2
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2185 848

1.3 Invoicing
RICK will develop and provide a monthly invoice to the City. The invoice will include RICK labor costs, subconsultant invoices and direct expenses. Direct expenses will be supported by a copy of the receipt if applicable. Invoices shall include details of billed and remaining budget for each task, and will include the monthly progress report of the tasks completed, identify any outstanding issues to be resolved, and upcoming work to be performed.

Deliverable – Monthly invoices and progress reports
Task 2. Project Development

2.1 Utility Research, Base Mapping, and Site Reconnaissance RICK will conduct research with the City of Banning, County of Riverside, and other governing agencies and utility companies for existing plans and maps of the adjacent area to be used for the design of the project.

RICK will conduct a field visit to collect visible information of project site.

Research will consist of the private water systems that will be reconnected to the new/proposed waterline in Ramsey Street and the affected private properties.

RICK will verify existing site data in terms of surrounding street system, geometry, parking, signing and striping, and private improvements and private water system appurtenances on the properties.

RICK will prepare a CAD file based on the boundary survey described below showing the existing utilities discovered in the research.

Deliverables - Photo log for any photos taken, letters to utility companies, utility as-built maps, and an AutoCAD drawing of the existing utilities.

2.1.1 Property Research
RICK will research City of Banning and County of Riverside survey records and record mapping for property and right of way information. RICK will also conduct a field survey to establish street centerline and rights of way of Ramsey Street within the project limits (between Sunset Avenue and Highland Home Road), Omar Street (between Ramsey and W. Jacinto View Road), W. Jacinto View Road (between Omar Street and Winchester Drive), and the property lines of the adjacent private properties and private properties that are affected by the relocation of water services. Survey basis of bearings and coordinates will be California State Plane Coordinates. Survey data and records analysis will be prepared within a CAD file establishing project mapping for centerline and right of EXHIBIT "A" Exhibit "A" - 3
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2186 849
way, including intersecting streets. Base mapping will include existing easements.

Easements will be researched to identify their applicability/inapplicability with new waterline alignments.

Deliverables - Field Review notes, photo log for any photos taken, and an AutoCAD drawing of the rights of ways and centerline.

2.1.2 Site Topography and Surveying
RICK will provide a supplemental field topography along the existing water line points of connection and where needed and the effected private properties (where water systems will be reconnected in Ramsey Street). Consultant will locate and dip existing sewer and storm drain manholes. Topography will be vertically controlled by local published benchmarks.

Deliverables – Field Review notes, photo log for any photos taken, and CAD file with survey points.

2.1.3 Aerial Topography
RICK will provide an aerial topography of the project site consisting of surface utility appurtenances and improvements such as curb, edge of pavement, drainage inlets, valve cans, fences, driveways, mailboxes, utility vaults, power poles, signs, lights, traffic signals, sidewalks, pedestrian ramps, and notable grade features.

Deliverables – 40-scale at 1-foot contours

2.2 Potholing
RICK’s subconsultant, C Below, will perform potholing for the project. C Below will perform forty (40) potholes as indicated in the RFP. A standard pothole is 12 in. x 12 in, performed to the top of pipe or encasement with sand backfill and a permanent surface patch. Potholes are assumed to be 5’ in depth. Potholes include water line tie-in points and underground utility crossings. Potholes will also be used to locate the old Highway 99 concrete by setting alignment of potholes perpendicular to Ramsey Street, spaced 10’ on center curb to curb. Alignments will be performed at mid-point of each project phase (3 alignments). C Below will provide a detailed potholing report at the conclusion of the investigation. Service includes Dig Alert Coordination and Delineation, Encroachment permit, vacuum excavation to top of utility, encasement, or stop depth, standard traffic control, 12- inches of hot patching (restored within 30-days of excavation activity), sand backfill, removal of debris, and pothole report. Services not included are slurry backfill, extensive traffic control, flagging for traffic control, sidewalk concrete EXHIBIT "A" Exhibit "A" - 4
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2187 850
panel replacement, and removal of Dig Alert marks.

Standard traffic control includes one lane closure with minimal signage not spanning an intersection.

Prior to potholing, a potholing plan will be developed showing location of potholes for connection points, intermediate points, and location of other underground utilities.

Deliverables – Potholing plan and potholing report

2.3 Geotechnical Study
Geocon is proposing to drill six (6) geotechnical borings up to 15 feet in depth, along portions of the proposed water main alignment, where the subsurface explorations of our 2018 geotechnical investigation cannot supplement. The geotechnical borings will be performed to the observe subsurface soil conditions and collect samples for laboratory testing. We expect that traffic control signage/equipment will be sufficient and flag persons will not be required. Furthermore, we expect that the Banning encroachment permit will be a no fee permit for this project, and that patching of the borings with asphalt concrete cold-patch is acceptable.

RICK’s subconsultant, Geocon West, Inc, will consist of:
 Mark the planned boring locations and notify Underground Surface Alert of Southern California to mark any subsurface utility locations near the exploration locations. Additionally, the client should provide plans depicting the locations of all utilities in the project area.
 Prepare no-fee encroachment permits with the City of Banning for our work. We have assumed a traffic control plan utilizing MUTCD or Watchbook details will be sufficient, and an engineered traffic control plan will not be required.  Provide traffic control setup and breakdown at each boring location. We plan to source traffic control signage/equipment for our work and did not include flag persons in this budget.
 Drill six (6) geotechnical borings along the portion of the proposed water main alignment that our 2018 subsurface explorations cannot supplement. We will collect bulk and ring samples of the subgrade soil for laboratory testing. Borings will be backfilled with soil cuttings and clean sand, and capped with asphalt concrete cold-patch upon completion. We expect borings of up to 15 feet will be sufficient for design of the proposed water main. Borings will be located so that there is an approximate 500-foot interval maintained between the new borings and 2018 borings, along the proposed water main alignment, to ensure an appropriate standard of care. We have budgeted one day of drilling.  Perform laboratory testing which is expected to include in-situ moisture content and dry density determinations, maximum dry density and optimum moisture EXHIBIT "A" Exhibit "A" - 5
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2188 851
content, grain size analysis, corrosion screening, sand equivalent, and direct shear testing. The laboratory testing program will be based on the conditions encountered during the field investigation with respect to the proposed improvements. Our 2018 laboratory test results will be provided as supplemental information for the portion of the proposed water main alignment able to be covered by our 2018 geotechnical investigation.
 Prepare a geotechnical report presenting our findings in the field, boring logs, a map depicting the boring locations, a discussion of the geotechnical conditions at the site, and geotechnical parameters for storm drain design.

Assumptions:
 The borings can be safely performed in the vicinity of the proposed water main alignment, considering existing utilities are present and to facilitate traffic flow around our drilling operations. Where performing the borings poses a conflict with existing utilities, resulting in an unsafe working environment for property, personnel, and/or motorists/pedestrians, the planned borings will be relocated, as feasible.
 This proposal does not include any costs to re-grade, install hot-mix asphalt concrete patching, re-vegetate, landscape or otherwise repair disturbed areas.

Deliverables – Geotechnical report
Task 3. Preliminary Engineering Design

3.1 Preliminary Design Plans (30% design)
RICK will prepare waterline plans for approximately (7,200 LF) for a proposed Ductile Iron pipe in Ramsey Street between Sunset Avenue and Highland Home Road. Plans will be at 40-scale and include plan and profile. Plans will be setup for 3 construction phases:

Phase 1: The waterline between Sunset Avenue to near the property at 3929 W.

Ramsey Street.

Phase 2: The continuation of Phase 1 to Omar Street, then continuing north on Omar to W. Jacinto View Road, and then east to the Winchester Drive intersection.

Phase 3: From Omar Street westerly on Ramsey Avenue to approximately Highland Home Road.

Additionally, RICK will:
a. Collect the data from the utility and property research from scope items above to use as part of the base file for the water plans. Existing utilities will be shown on the plans in locations verified by the potholing above and/or provided by the utility companies. As part of the plan preparation, RICK will contact affected EXHIBIT "A" Exhibit "A" - 6
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2189 852
utility companies to obtain permits if needed (utility fees to be paid by the City of Banning).
b. RICK will arrange and participate in informal meetings as necessary with City staff to review the progress of the project and exchange ideas and information. c. Meetings with the City of Banning will discuss the key design issues and develop general project criteria for construction, including schedule and possible ways of minimizing problems. RICK will prepare and submit meeting agendas prior to the meetings.
d. RICK will provide data received and assumptions utilized to the city for approval prior to integrating the data into the project’s final design. e. RICK will prepare preliminary water plans (30-percent design) using AutoCAD for approximately 7,200 LF of water line (8-inch to 14-inch) to establish an agreement with the City of Banning on project scope, alignment, easements, parameters, hydraulic requirements, maintenance concerns, constructability and construction phasing, traffic impacts, and general disruption to the area. The preliminary design is to be submitted to the City of Banning for review and approval. The preliminary design shall address the following:
a. Pipeline alignment/facility locations
b. Construction schedule and phasing recommendations
c. Construction Cost Estimate of recommended improvements d. Conflicts with other utilities and adjacent facilities in the area e. Traffic and pedestrian control
f. Erosion Control
g. Preferred materials for construction
h. Areas where construction work is limited or controlled. i. Impacts to City water system.
j. Impacts to surrounding business and residential areas. k. Easements (existing and proposed)
l. Corrosion protection (if necessary)
f. The preliminary design will be submitted in PDF format through the City’s SmartGov platform for the City of Banning’s review and concurrence. The design will be at a 30% level of effort. Changes in layout and location of facilities suggested by the city will be investigated. A final layout and location of facilities will then be established.
g. As part of the meetings with the city, discussions and submittals of material will be presented to the city through the preliminary design process to reduce comment time and effort by the city.

It is assumed that the City of Banning will provide the size of the proposed new waterline. A hydraulic analysis is not included with this scope. However, we have provided it as an additional/if needed service.

It is assumed that the majority of the existing waterline will be abandoned in place.

EXHIBIT "A" Exhibit "A" - 7
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2190 853
As part of the 30% design, RICK will prepare a traffic control conceptual staging plan for Phase 1 only identifying the assumed stages for each of the phases as noted in the Request for Proposal. The project Phase 1 proposes to construct approximately 2,600’ of a water main along Ramsey Street from Sunset Avenue to 3929 W. Ramsey Street. It is anticipated that the traffic control conceptual staging plan will be prepared at 40 scale and will identify the proposed linear footage per stage and a description of the work that will be completed.

Deliverables – (all via the city’s SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.

3.2 Preliminary Design Plans (60% design)
Rick will prepare plans based on the 30% design and subsequent review comments by the City. Plans include a one (1) cover sheet, two (2) detail sheet, ten (10) plan and profile sheets, two (2) connection detail sheets for private landowners, and one (1) valve shut down sheet if needed, and will show the existing water services and fire hydrants to the new waterline. Due to the existing waterline being at the back of the effected parcels, water meters, backflow devised and related system components shall be moved to front Ramsey off the new proposed waterline. Detail sheets will detail the on-site design connecting to the new line to provide a water system at minimum equal to the existing condition.

RICK’s subconsultant, Dexter Wilson Engineering, will assist in preparation of technical specifications, pipeline material design, pipeline deflection calculations, design of thrust restraining systems, details for phased connections, details for connection to the existing pipeline, peer review of replacement plans, and other pipeline design aspects.

Consultant will incorporate any comments received from the City of Banning on the traffic control conceptual staging plan into the 60% design plans. Consultant will prepare 40-scale traffic control plans for the work associated with the Ramsey Street Water Main for Phase 1 only. The traffic control plans will provide work zones that are staged for construction of the water main, appurtenances, laterals, and any required detours. The one stage of traffic control is assumed as follows:

Phase 1: Sunset Avenue to 3929 W. Ramsey Street. There are assumed 5 stages of traffic control; Stage 1A is to 600’ west of Sunset Avenue; Stages 1B, 1C, 1D, and 1E will be up to 500’ along Ramsey to 3929 W. Ramsey Street.

The traffic control plans will be prepared following the requirements of the California Manual on Uniform Traffic Control Devices (MUTCD) and the City of Banning. Three (3) submittals are assumed – 60%, 90%, and final. Five (5) sheets EXHIBIT "A" Exhibit "A" - 8
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2191 854
of traffic control plans are assumed for Phase 1.

A progress meeting will be coordinated with the City of Banning to discuss the 60% design plans. The meeting will discuss the comments and markups and establish a timeline for the project moving forward.

Deliverables - (all via the city’s SmartGov platform): PDF of the preliminary design plans and the preliminary opinion of probable costs.

3.3 Detailed Design Plans (90% Design)
Rick will prepare the 90% detailed design waterline plans and traffic control plans based on the 60% review comments received from the City of Banning and other entities. Plans shall follow the City of Banning standards and policies.

RICK will prepare project specifications following the Standard Specifications for Public Works Construction, SSPWC, “Greenbook”, latest edition.

RICK will prepare an opinion of probable cost and bid schedule that has construction items of work, unit of measurement, unit cost, and cost based on the detailed design waterline plans.

Deliverables - (all via the city’s SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
Task 4. Final Design Plans

4.1 Final Water Plans
Upon authorization from the City, RICK will finalize the waterline plans and traffic control plans based on the final comments from the City and other entities. Plans will follow the City of Banning standards and policies. Plans will be signed by a licensed Civil Engineer and provided to the City of Banning on Mylar.

RICK will provide the City of Banning a Final set of Project specifications based on final comments from the City of Banning following the SPPWC. RICK will also provide a final opinion of probable cost and bid schedule based on the signed waterline plans.

Deliverables - (all via the city’s SmartGov platform): PDF of the preliminary design plans, the preliminary opinion of probable costs, and the Standards and Specifications
EXHIBIT "A" Exhibit "A" - 9
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2192 855
Task 5. Easement Documents

5.1 Easement Documents
RICK will prepare a legal description and plat for each easement for three (3) permanent easements to be granted to the City of Banning and ten (10) temporary construction easements that are required for reconnection of existing private water systems to the new water main. RICK will obtain and review title reports for the thirteen (13) affected properties.

RICK assumes three (3) permanent easements to be granted to the City of Banning and ten (10) Temporary Construction Easements for reconnection of existing private water systems to the new water main.

Assumptions:
 Assumes up to 13 tax parcels owned by 13 unique entities are impacted by temporary construction easements (TCE’s) and/or permanent easements.  Scope does not include any discussions with property owners.  No appraisal work or negotiations included.
 Consultant is providing legal description and plat for the 13 easements only.

Deliverables - (all via the city’s SmartGov platform): Easement documents (legal description and plat) and up to 13 preliminary title reports.

Task 6. Stormwater Pollution Prevention Plan

6.1 Stormwater Pollution Prevention Plan
The Risk Type 1 LUP SWPPP will be prepared in accordance with the requirements of the Appendix E of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order WQ 2022-0057-DWQ NPDES No. CAS000002 (adopted September 8, 2022, effective September 1, 2023).

RICK will prepare a Risk Type 1 LUP SWPPP based on the project’s assumed Risk Type.

This task will also include the preparation of a Notice of Intent (NOI) on the Storm Water Multi Application Report Tracking System (SMARTS) database. The Discharger must designate RICK as a Data Entry Person to prepare the NOI. The Discharger/LRP must electronically certify and submit the NOI on SMARTS.

EXHIBIT "A" Exhibit "A" - 10
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2193 856
RICK will act as the initial Qualified SWPPP Developer (QSD) for the preparation of the SWPPP, however the Discharger must hire a QSD and a Qualified SWPPP Practitioner (QSP) for implementation of the SWPPP throughout the life of the project.

Based on the provided bid package this project is assumed to be a Risk Type 1 LUP based on the following assumptions:

1. More than 70% of the soil disturbance will occur on paved surfaces; and

2. Areas that are disturbed will be returned to pre-project conditions at the end of each day.

Deliverables - (all via the city’s SmartGov platform): SWPPP (erosion control plan submitted via drawing submittals)
Task 7. Construction Surveying and Staking

7.1 Phase One Water Stakes
RICK will maintain horizontal and vertical control for the duration of the surveying work on this project. RICK will also provide required calculations to field crew for each survey request received.

RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50’ on center along tangent sections and 25’ on curves to facilitate the construction of approximately 2,600 LF of water mainline.

RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
*Water stakes to be set in three (3) trips.

Deliverables – Construction Staking Cut Sheets

7.2 Phase Two Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50’ on center along tangent sections and 25’ on curves to facilitate the construction of approximately 2,700 LF of water mainline.

RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
*Water stakes to be set in three (3) trips.

Deliverables – Construction Staking Cut Sheets
EXHIBIT "A" Exhibit "A" - 11
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2194 857

7.3 Phase Three Water Stakes
RICK will provide one set of stakes at all primary points of control; beginning and ends of pipe and at not less than 50’ on center along tangent sections and 25’ on curves to facilitate the construction of approximately 1,900 LF of water mainline.

RICK will also provide not more than two (2) stakes each; to facilitate the location of services, fire hydrants, and points of connection.
*Water stakes to be set in three (2) trips.

Deliverables – Construction Staking Cut Sheets
Task 8. Bidding/Construction Support – Phase 1 Only

8.1 Bidding
RICK will be available during the advertising and bidding of the project to assist the City of Banning in answering questions/RFI’s and the preparation of plan addenda, if needed. RICK will attend one (1) pre-bid meeting for the bidding process.

Deliverables – Meeting attendance, responses to Bidder’s RFI’s

8.2 Construction Administration
RICK will be available during the construction of the project to answer RFI’s and prepare plan addenda, if needed. RICK will attend one (1) pre-construction meeting and eight (8) site visits during construction of the project as requested by the city. RICK will review shop drawings and submittals from the contractor for conformance with the contract plans and specifications, and make recommendations for acceptance, denial or resubmittal.

Deliverables – Meeting attendance, response to Contractor’s RFI’s, design addenda, submittal reviews

8.3 As-Built Plans
RICK will prepare As-Built Plans and process with the City of Banning, as necessary. Scope assumes RICK will receive as-built letters from the contractors and the contractor’s as-built plan markup’s. Scope assumes no major changes have occurred and does not include any as-built survey time. As-built plans will be submitted to the City within one month of receiving as-built letters and markup’s from the contractor.

Deliverables – As-built Plans
EXHIBIT "A" Exhibit "A" - 12
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2195 858
Additional Services (If Needed Services)
Corrosivity Assessment
Rick’s subconsultant, RF Yeager will prepare a corrosivity assessment for the proposed waterline, that will include a field resistivity testing, a review of the Geotech/soil chemical analysis data, a review for the potential of stray current interference, and a Corrosivity Assessment Letter Report. This information will be used for the determination of the type of corrosion protection and if any cathodic protection for the pipeline would be required and the corrosion control approach that the City may want to implement.

Deliverable – Corrosivity Assessment Letter Report
Corrosion Control Design
As part of the 90% design plans, RICK’s subconsultant, RF Yeager, will provide Corrosion Control Design as part of the plans if Client requires joint bonds, test stations, insulators, and other standard corrosion control facilities. It is recommended the Client to use joint bonds, test stations, and insulators (steel or DIP) such that the pipeline is made electrically continuous and test stations are installed at the side of the road. This allows for monitoring and for adding cathodic protection in the future (should soil conditions/pipeline environment change) and will be much less costly because the pipe is electrically continuous and test stations are already installed. Corrosion control detail sheets, specifications, and cost estimate is included.

Cathodic Protection Design Pipeline
If it is found that Cathodic Protection is required, RICK’s subconsultant, RF Yeager, will review the waterline plans, provide comments, and corrosion control design analysis/calculations. Details and specifications will be included. A cathodic protection system cost estimate will be included. RF Yeager will then address the 90% plan comments and provide final 100% design documents. Once approved for final signature, RF Yeager will sign and stamp the final drawings. Cathodic protection detail sheets, specifications, and cost estimates are included.

Deliverables – Corrosion control design analysis/calculations, specifications, and cost estimate.

Hydraulic Analysis
RICK’s subconsultant, Dexter Wilson Engineering, will perform hydraulic modeling for the waterline sizing for the project site, if City does not provide the waterline EXHIBIT "A" Exhibit "A" - 13
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2196 859
sizing. It is assumed City will provide the necessary information to run the modeling.

Caltrans Encroachment Permit
RICK will prepare one (1) Caltrans encroachment permit application for the traffic control devices (i.e. advance signage) that are within the Caltrans right-of-way (ROW) along Sunset Avenue in the vicinity of I-10. For the Caltrans encroachment permit application, the traffic control plans are assumed to be submitted to Caltrans in City of Banning format and will include a Caltrans signature block on the plans.

Plan Processing and Coordination (Caltrans)
RICK will submit and process the traffic control plans with Caltrans District 8. It is assumed that up to two (2) sets of plan check review comments will be received, coordinated, and addressed.

Monument Preservation
Pursuant to Section 8771 of the Business and Professions Code, preconstruction corner records will be prepared and filed identifying recovered survey monuments within the proposed construction limits. Post construction corner records will also be filed reflecting replacement monuments.

Deliverables – Pre and Post construction corner records Monument Replacement
RICK will replace destroyed survey monuments at the completion of the construction with the project limits.

Record of Survey
Pursuant to 8762 of the Business and Professions Code the filing of a Record of Survey shall be filed if the survey discloses “the establishment of one or more points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from the inspection of the subdivision map official map or record of survey.

EXHIBIT "A" Exhibit "A" - 14
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2197 860
Exhibit “A”-15
11303-0008\2450682v1.doc
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.

Exhibit "A"
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2198 861
Exhibit “B”-1
11303-0008\2450682v1.doc
EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. 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 Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant 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 Consultant shall, as a penalty to City, forfeit $200.00 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 this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2199 862
Exhibit “B”-2
11303-0008\2450682v1.doc

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant 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 Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement 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 Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 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 Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby 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.”
Date______________ Signature___________________________ DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2200 863
Exhibit “B”-3
11303-0008\2450682v1.doc

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce 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 his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.

DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2201 864
Exhibit “C”-1
11303-0008\2450682v1.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Scope of Services at the rates stated in Exhibit C-1.

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services.

IV. Consultant’s billing rates for all personnel are attached as Exhibit C-1.

DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2202 865
Exhibit “C-1”-1
11303-0008\2450682v1.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2203 866
Exhibit “C-1”-2
11303-0008\2450682v1.doc
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2204 867
Exhibit “D”- 1
11303-0008\2450682v1.doc
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.

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

DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2205 868
Exhibit “D-1”- 1
11303-0008\2450682v1.doc
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2206 869
Exhibit “D-1”- 2
11303-0008\2450682v1.doc
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2207 870
Exhibit “D-1”- 3
11303-0008\2450682v1.doc
DocuSign Envelope ID: BF8F66BC-485E-460D-B3E1-CCE525366D79 2208 871