Banning City Council
July 8, 2025

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

SECTION 1. The City Council approves a Sole Source Professional Services Agreement with Rick Engineering , Inc. in the amount of $156 ,224 .03 for the continued Design of Ramsey Street Water Main Replacement Project.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Professional Services Agreement and to execute the Professional Services Agreement with Rick Engineering , Inc. on behalf of the City Council.

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

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

PASSED, APPROVED AND ADOPTED this 25th day of February , 2025.

ATTEST:

Carol ine Patton , Admin
City of Banning
APPROVED AS TO FORM:

Resolution 2025-28

y
urphy & Pinkney ,
City of Banning
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CERTIFICATION:

I, Caroline Patton , Administrative City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2025- 28, was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 25th day of February , 2025 by the following vote , to wit:

AYES : Barrington , Flynn , Miller, Royce , Wallace.

NOES:

ABSENT:

ABSTAIN :

Resolution 2025- 28

F-'~~~____;__;__
Caroline Patton, Admini
City of Banning , California
y Ol erl<
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EXHIBIT A
Professional Services Agreement with Rick Engineering, Inc.

Resolution 2025- 28

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AGREEMENT FOR PROFESSIONAL SERVICES ( C01126) FOR DESIGN OF

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

ENGINEERING COMP ANY
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 RickEngineering 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 ofprequalified Engineers ( RFQ-22-007), the performance ofthe 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 perfonnance ofthe services defined and described particularly in Article 1 ofthis Agreement, was selected by City to perform those services.

C. The Parties desire to formalize the selection ofConsultant for performance ofthose services defined and described particularly in Article 1 ofthis Agreement and desire that the terms ofthat performance be as particularly defined and described herein.

D. Pursuant to the City ofBanning's Municipal Code, City has authority to enter into this Agreement.

NOW, THEREFORE, in consideration ofthe mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy ofwhich 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 ofServices" 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 166
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 ofthe 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 ofthis 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 itselfinformed 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 ofthis Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance ofServices 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 ofthe 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 ofthe 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). 2-
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1.6 Prevention ofLoss 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 ofParties.

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 ofthe 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 ofServices 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 ofPerformance, ( as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation ofup to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance ofup 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 ofthis Section shall not apply to Services which are specifically set forth in the Scope ofServices 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 ofCity. 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. 3-
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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 ofthis Agreement, the provisions ofExhibit 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 ofthis 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 ofthis Agreement.

B. Principals and Personnel ofConsultant.
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:

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 ofthis 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 ofCity. 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. 4-
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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 ofthe 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 ofthe 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 superv1s10n. 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 ofany 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 ofConsultant, 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 ofCity. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert ofmore than twenty-five percent (25%) ofthe 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 5-
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Agreement shall be void. No approved transfer shall release Consultant or any surety ofConsultant of any liability hereunder without the express consent ofCity.

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 ofCompensation" attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than One Hundred Fifty-Six Thousand Two Hundred Twenty-Four Dollars and Three Cents 156,224.03) (the "Contract Sum"). The Contract Sum shall include the attendance ofConsultant at all project meetings reasonably deemed necessary by City. Coordination ofthe performance of the Services with City is a critical component ofthe 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 ofCompensation.

The method ofcompensation may include: (i) a lump sum payment upon completion ofthe 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 ofCompensation.

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 ofCompensation.

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 ofthis 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 ofExhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 6-
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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 ofthe enforced delay when and ifin 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 7-
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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 ofthis Agreement shall be from the Effective Date through June 30, 2026, 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 ofInsurance.

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 mm1mum 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. IfConsultant 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 8-
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edition ofthe 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 oflosses 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. Ifany 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.

IfConsultant does not maintain the policies ofinsurance 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. 9-
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4.9 Evidence oflnsurance.

Prior to the performance ofServices 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 ofthis 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 ofthe 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 ofits sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all ofthe requirements ofthis Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification ofCity.
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 ofdesign 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 10-
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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 ofConsultant, 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 ofany 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 ofConsultant' 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 ofthe Indernnitees, as determined by court decision orby the agreement ofthe Parties.

B. Workers' Compensation Acts not Limiting. Consultant' s indemnifications and obligations under this Article, or any other provision ofthis 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 ofthe 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. 11-
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D. Survival of Terms. Consultant' s indemnifications and obligations under this Article shall survive the expiration or termination ofthis 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 ofaccounts, 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 ofbocuments.

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 ofCity and shall be delivered to City upon request ofthe 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 ofuncompleted Consultant Documents without specific written authorization by Consultant will be at City' s sole 12-
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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 ofthis 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 ofsupport, 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 regar:ding 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 13-
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court in the event of such action. In the event oflitigation in a U.S. District Court, venue shall lie exclusively in the Central District ofCalifornia, 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 ofdefault. 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 ofthe 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 ofthis 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 oftermination 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-offor partial payment ofthe amounts owed City as provided in Section 6.3.

6.3 Retention ofFunds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant whether or not arising out ofthis Agreement): ( i) any payment amount ofwhich 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 ofSection 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 wl)ich 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 ofCity 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 ofany other term, condition, or covenant. Waiver by any 14-
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Party of any breach ofthe provisions ofthis 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 ofthis 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 ofany default must be in writing, and shall not be a waiver ofany other default concerning the same or any other provision ofthis 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 ofthe 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 ofthis 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 ofTerm.

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 ofnotice 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 ofCity, 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 ofthe 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 ofthis 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, ifany, 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 16-
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require Consultant or one ofits 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 ofthis 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 ofthe provisions ofthe 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 ofall 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:

Ifto City Attn: Nathan Smith
Deputy Director ofEngineering
City ofBanning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
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With a courtesy copy to:

Ifto Consultant:

8.2 Interpretation.

Serita R. Young, City Attorney
Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
Attn: Rick O'Neill
Rick Engineering Company
1770 Iowa Avenue, Suite 100
Riverside, CA 92507
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 ofthe 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 ofwhich 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 ofthe 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, ifany, 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 ofthis Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Patties 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 ofthe 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 ofthe remaining phrases, sentences, clauses, paragraphs, or sections ofthis Agreement which are hereby declared as severable and shall be interpreted to carry out the intent ofthe Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit oftheir 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 ofthe 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 ofthe Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue ofthis 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 ofthe receipt ofthat check. However, approval or payment by City shall not constitute, nor be deemed, a release ofthe 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 ofsuch responsibility orliability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.

8.9 Non-Appropriation ofFunds.

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 ofthe 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 ofthe 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 ofthat 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 ofthe 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
Robert Fisher,
Acting City Manager
ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

Date
Date
Slovak, Baron, Empey, Murphy & Pinkney
LLP
John 0. Pinkney
City Attorney
Date

CONSULTANT
NAME: Date
TITLE:

NAME: Date
TITLE:

Tax ID No.

Address:

City Council Approval: ______ _
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT' S BUSINESS ENTITY.
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EXHIBIT " A"

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Engineer Design Services prepared in connection therewith:

IT. As part ofthe Services, Consultant will prepare and deliver the following tangible work products and services to City:

Exhibit " A"-1
187
EXHIBIT" A"

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" - 2 188
EXHIBIT" A"

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" - 3 189
EXHIBIT" A"
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" - 4 190
EXHIBIT" A"
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" - 5 191
EXHIBIT " A"
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" - 6 192
EXHIBIT"A"
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)
I. 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" - 7 193
EXHIBIT" A"
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 18, 1C, 10, and lE 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" - 8 194
EXHIBIT" A"
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" - 9 195
Task 5. Easement Documents

5.1 Easement Documents
EXHIBIT" A"
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" - 10 196
EXHIBIT" A"
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" - 11 197
EXHIBIT" A"

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/ RFl' 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 RFl's

8.2 Construction Administration
RICK will be available during the construction of the project to answer RFl'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 RFl'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" - 12 198
EXHIBIT" A"
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" - 13 199
EXHIBIT"A"
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 1-10. 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 PreseNation
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" - 14 200
Exhibit " A"
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" -15
201
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 ofregistration 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 ofthe 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 ofworker 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 ofthe location ofthe records.

Exhibit "B"-1
202

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 ofthe 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 ofthe 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 ofLabor 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 ofthe provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees ofConsultant 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- halftimes 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 ___________ _
Exhibit "B'' -2
203

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.

Exhibit " B"-3
204
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.

Exhibit " C" -1
205
EXHIBIT " C-1"

CONSULTANT'S BILLING RATE AND TASK SCHEDULE
RICK
E-.:r,r r.F.Rl'-:G CO\ tr.\ Y
Print- ipal Con, ult11nl ( Spt- cial ? roject. s) ................................... 5300. 00 St'11ior \\/ Bier Quality Mana • er ................................................ 240 .00 Principal .................................................................................... 260. 00 Principal Waler Resuurces D~i•m.er ......................................... 155. 00 A;,s(x-ia te Principal .................................................................... 240. 00 A"lx-iale Wutcr Resources IA-i.igner ........................................ 140. 00 Associate / Mana • er ................................................................... 225. 00 Assi, tanl Waler R ·oun: cs Designer ........................................ 130. 00 Expert Wi1nc: ss .......................................................................... 450. 00 Court Appearance pc'!' half day or part... ................................. 1.800. 00 GIS M.ina•~r ........................................................................... 5190 .00 Princ ipal GIS Project Man.ager ................................................. 180. 00 Senior Proja: 1 Manager ......................................................... S22 . 00 Associa te GIS Project Manager ................................................. 16 -.0o Principal Project Enginct" r. •tanager. ....................................... 210. 00 A ·i 1an1 GIS Project Maml' cr ................................................. 150. 00 Associate Project Engiru: er,Ma: nu • er ......................................... 190.00 Principal GlS Analyst ............................................................... 145. 00 Assi;, tanl Prujei: l En • inei: r/Munuger .......................................... 175. 00 A.sociate GIS Anul)-' st .............................................................. 130. 00 Print- ipal Ennincerin • Desib' ller ................................................. 155 .00 Assistant GIS Anal)' · 1. .............................................................. 120. 00 Ai,,ociate En • incerin" Desib' llcr... ............................................. 140. 00 Principal Gruphic, Dc:si • ner ..................................................... 130. 00 Assi, rant Enginec- ring Desi • m.T ................................................ 130. 00 A.sociale Graphics Do i!,'Iler .................................................... 125. 00 Principal Enginttring Drufler-................................................... 125. 00 ssistanlGraphics Designt' f ..................................................... 11 -. 00 Associate Engineering Drafier .................................................. 115. 00 CAD MilOll, r ........................................................................... 180. 00 Assi, tanl Engint- ering Dra fter .................................................. I05.00 Fidd Sup, ervisor ............................................ _ ................................ $ 195. 00 One • person Survey Party ( Pn,va1ling Wage) ............................... 270. 00 Senior Trunsportation! Truf' lii: Engineer ................................... 215.00 Principal TransportatiOlllT ralli • En • int't'r ................................. 2I0.00 Associate Trum, portalion/ Trafllc Ennin er ................................ 190.00 One- person un~ y Party w/ Roboti s (Pre1•111hng \\' al,le) ......... 270. 00 Two- person Survey Party ( Prevaillng Wage) .............................. 350. 00 Three . person Survey Par1y ( Prevailing Wage} ............................ 390. 00 Assi, lonl Tra.nsporta1 ion1Traflic Engineer ................................. I 5.00 Principal Tr<.1nsporMion • T raflic Designer ................................. 155.00 3D LOS4: r cannin • Crew ( One• Person ) ................................... S235 .00 A;,sociate Trdn!> portalion/ Truffic De,i,.ner ................................ 140. 00 3D Lm.er cannin • Crew ( ho Person) .................................... 2R0. 00 Assistant Trnm, portation! TraOic Desi • ncr ................................ 130 .00 Principal 3D Laser Scannin • J>rojcc1 Mana.,~ r ..... ..... ....... ... . .. . 190. 00 Principal Communily Planner ................................................. 215 .00 A.so iale JD La;,er Scanninn Project Manuger ......................... 175. 00 Principal Project Planner, M,ma • er ............................................ 200 .00 A,si,tanl JD Laser St:unninn Pruj · rl Munager .......................... 160 .00 Associal Projc · 1PlilllllcrlMunuger .......................................... 185 .00 Principal 3D Laser Scannin • Spcciali, 1.. ................................... 140. 00 t'11ior Planner ........................................................................... I 5.00 . socia lc JD La;,er Scannin° Speciali• L. ................................. 130. 00 Associate Planner ...................................................................... 140. 00 A ·i,1ant J D Laser Sc: annin, Spe1: ialisL ................................... 120.00 Assistant Planner ....................................................................... 120 .00 Principal 3D Laser Scanninn Tt"Chnician ................................... 115. 00 Plannin • Technician .................................................................... 95.00 A.sociale JD La;,cr Scanning Technician .................................. 100. 00 A.sislanl JD Laser St:11nnin, Tedmi,· ian ..................................... 90. 00 Principal Project Landsi: opc Archilec t/Munuuc• r ..................... 190. 00 Associate Project Landscape Archilcctl:\- fanager .................... I 0.00 Photon rum me try S11pt' fl isor ............ ...................... ..... .......... .. . 185 .00 A!..~i,tanl Project Land, rnpc· Archit« l/Manager ...................... 150 .00 Principal Photo rrammc lri t ...................................................... 155 .00 Principal Landscape ' Urb~ n Designer ....................................... 125.00 Asslicialc Photo. • rammc1ris1 ...................................................... 120.00 A.socialc LandscapdUrbun Designer ...................................... 120 .00 A.si>tanl Pho1ogrummc1rist ....................................................... II0.00 A;,si,1an1 Lanlh. cupe •Urban Desi , ntT ....................................... 11 5.00 Principal Suncy Analyst.................................................... .... IR5 .00 Principal Em ironmental Project Munuuer............................... 200. 00 Associate Suncy Analy, 1... ...................................................... 150. 00 A.sociale Em iro nrnental Projto, cl Manager ............................... I 0.00 A.si,1an1 Suney Analysl ........................................................... 125. 00 Assi, tanl Em·ironmcntul Proj · rt Manager ............................... 150. 00 Principal Em ironmcrilal Spccial i,L .......................................... 140. 00 A.socialc Projt" Cl Administrator ................................................ 80 .00 A sociale En~ironmental Speci. alisl ......................................... 130. 00 A,si ·tanl Projwl Administrator ................................................... 70.00 A.si,1an1 En\·ironmcntu lSpcciali~ t ........................................... 120. 00 Admini, 1ra1i, c Ai,si,tant/~ fonu5r ............................................... 75 .00 Environmental Technician ......................................................... 100 .00 Rates lollbjocl Iii ,·h~ngc for pre1·ailin • \\' ii •c rnnll1lcl5 .

When authoriud. o~ertime shall be chawed al the listed rat~s lime, 1.5 . l,'nle~s otherw is~ agm: tl upon. we ,hall charge for printing. reproouction. uehwric._ tran. sporrn1ion. and other expen,~- s .

A fiftc: en ( 15) p..-rcenl fee for admini, 1n11ion. rnordination and handling 11,ill Ii~ added lo all )>tlbcon1roc1~ d ;. er1icc,.

Exhibit "C -l "-1
206
Structural Englneer
185 .00 Per Hour
Position
Principa l
S@n ior Associat@
Associate
Sen or Ana lyst
Analyst
AsslcSta nt Analyst
Ad minlstrative Support
General
Hourly Rates

2.05 -275
150- 220
110170
105 -135
70 105
60- 115
65 -105
SKS
URBAN

CROSSROAIDS
llJ Reimbursa le direct costs, such as reproduction , supplies , and messenliler s vice 11,i I be billed at cost. t2J Houri~· rates app vto wor k time, tra•1el time , and ti e spent at blic heari gs and meetings. or ove · me vork, L e a ove rates may be nc eased 50 pe cent.
3j r.. onthly ill ng statements are due wit in. thirty (301 davs of receipt.

TURNING MOVEMENT COUNTS {IMC)
216 .00 2-hour Peak Period Counts Pedest n & Bicyc es Included 216 .00 4 -hour Peak Pe iod Counts Pedest an & Bicyc es Included S339 .00 6-hour Peak Pe iod Counts Pedest an & Bicyc es Included Bl-DIRECTIONAL VOLUME ( ADTl - TUBE COUNTS
100 .00 24 ours ( 1-day )
200 .00 48 ours ( 2 -day )
300 .00 72 ours ( 3-day )
400 .00 96 ours ( tJ -day)
500 .00 110 hours 15-<layl
600 .00 14tl ho rs j6-dayl
700 .00 168 ho rs F-<layI
Bl-DIRECTIONAL SPEED OR ClASSIFICATION - TUBE COUNTS
198 .00 24 (!- day )
396 .00 48 ( 2 -day )
594 .00 71 ( 3 -day )
792 .00 96 ( 4-day )
990 .00 110 hoJrs l 5-dayl
1 ,188.00 14,'J ours (6-day)
1 ,386.00 168 ours (7 -dav)
OTHER STUDIES - QUO"l'ES BASED ON SCOPE
Pedestrian Gap St dies
Par ng Du ation Studies
Video urni g Movement Counts
Rad .1r Studres on Intrusive
rave Time Studies GPS
Manv ore customiled stud es avai able
IN• Clh OF Al'. Nl~ G I
Exhibit " C -1 "-2
V r c·tyTraffic Group
207
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.

Exhibit " D" - 1
208
trJ
5-;:.:
t5I ......

TASK DESCRIPTION:

Houtfv R, t,
TASK f • PROJECT MANAGEMENT

1. 1Kick- off MeetilY, l and Proiect M.riagement

1.2 Progress Meetings

1.3 Invoicing
SUBTOTAL TASK 1:

Task 1- Projecr Deve/opmenr

2.1Utiily Research, Base Mapping & Site Re connaissance

2.1.1Property Research

2.11 Supplemental Fiekf Topography
2 1.3 Aerial Topography

2.2 Pothoiing - C Below

2.3Geoiechmcal study - Geocon
SUBTOTAL TASK 2:

Task 3. Preliminary Engineering Design

3.1 Prelim inary Design Plans ( 30' 4 design ) - Civil
Conceptual Staging Plan - Traffic

3.2Preimn~ Design Plans ( 60' 4 design) - Civil, Dexter Wilson Preiminary Design Plans ( 60' 4 design) - Traffic

3.3 Deta iled Design Plans ( 90'4 design) - Civi, Dexter Wilson Detailed Design Plans ( 90'4 desilJI) - Traffic
SUBTOTAL TASK 3:

Task 4 • Final Design Plans, Specir,carions and Esrimare ( 100% Design)

4.1 Rnal Water Plans - Civi. De xter Wilson
Final Water Plans - Traffic
SUBTOTAL TASK 4:

Prin< ipal ffli'$o/
S275. 00 S260. 00
2 2
0 4
0 0
2 4
2 4
1 2 4
1 6 14
1 4
1 1 5

EXHIBITB
R.UISEY STREU WATER Uilli PROJECT
Auociate ~ ~. ~ ~,
9 .., ~ ~
240. 00 $ 220 .00 $ 200. 00 $ 165.00 $ 135. 00
24 33
8 0 65 0 0 0
20 32 40
8 8
8 20 0 32 48
12 50 80
4 16
20 80 100
3 36
16 60 88
2 23
0 48 9 190 343
12 24 40
3 12
0 12 3 24 52
ru~ '
e:::l U '
220. 00 $ 360. 00 $ 195.00
0 0 0
24 40
40 2
24 6
0 88 48
0 0 0
0 0 0
ff Subconsultantli; E.rp,m ..

5.80000

7.780. 00
s 1.760 00
15,340. 00 S s
S 15.080. 00
19, 440. 00

14. 790 00

9.810. 00 S 15, 000. 00
92, 195. 00
s S 12, 875. 00
59, 120. 00 $ 105, 070. 00 $ 15, 000. 00

23. 280. 00 S 2,990. 00
s 2.960. 00
S 32, 690. 00 S 2,150. 00
s 5.72000
S 26. 89000 $ 1,075. 00
3,765. 00
S 95, 305. 00 S s,m.oo s
S 13,315. 00 $ 645. 00
2,480. 00
S 15, 795. 00 $ 645. 00 $
Task
Tora// SJ:
s 5,800. 00
s 7.780. 00
s 1.76000
15, 340. 00
S 15, 080. 00
S 19, 44000
14, 790. 00
S 24 ,810. 00
S 92, 195.00
S 12, 875. 00
179, 190. 00
S 26, 27000
s 2,960. 00
S 34, 840. 00
s 5.720. 00
S 27, 965. 00
s 3.765. 00
S 101, 520. 00
S 13, 960. 00
s 2,480. 00
16, 440. 00
d
d
0 00
t_'!'j t_'!'j
t::,~
d = ~ ....
0 c;,
I ....
t_'!'j ~
n ~ ~
t::,
00 ~
n ~ ;;
t::,
t_'!'j
209
tr1
t3I .......

N
TASK DESCRIPTION:

Hourly Rate
Task 5. Easemenr Documenrs

5.1Easement Documents
SUBTOTAL TASK 6:

Task 6. SrormwarerPol/urionPrevenrion Plan

6.1StormwaterPolkltion PreventionPlan
SUBTOTAL TASK 6:

Task 7 • Consuucrion Surveying and Sraking

7.1 Phase One Water S1akes

7.2Phase Two Water S1akes - 3staking days

7.3 Phase Three WaterS1akes - 2staking days
SUBTOTAL TASK 5:

Task 8 • Broding/Consrruclion Suppon. Phase 1only

8.1Bidding

8.2Constructioo Administration

8.3 As-81.ilt Plans
SUBTOTAL TASK 7:

Reimbursables
SUBTOTAL TASKS 1-7:

Pmcipa ffl,~ f
S275.00 $ 260.00
0 0
0 0
0 0
2 1
0 3
0 0
1 26

EXHIBITB
RA.\1S£Y SlliH WATER MAIN PROJI. CT
51: ~~ -$
240.00 $ 220.00 $ 200.00 S165.00 S135.00
26 26 0 0 0 0
6 32
0 6 0 32 0
10 0 0 0 0 10
1 4
32 12
1 1 6
0 34 0 17 6
0 0 0 0 0
34 185 12 295 459
Su~,.., ~ l7on '
ew ~ '/ ff Subcoo& ll/tanli & pen. .. Task
Tora/ISi :
220 .00 5360.00 $ 195.00
130 $ 31 ,590 .00 S 9,750.00 S 41,340.00
0 0 130 $ 31,590.00 $ $ 9,750.00 $ 41 ,340.00
6,600.00 s 6,600 .00
0 0 0 $ 6,600.00 $ $ s 6,600. 00
2 24 $ 10,430.00 S 10,430.00
s s
s s -
2 24 0 $ 10,430.00 $ $ $ 10,430.00
s 880. 00 s 880 .00
S 9,540.00 S 1,160.00 S 10,700.00
S 1,455.00 s 1,455.00
0 0 0 $ 11,875. 00 $ 1,160. 00 $ $ 13,035. 00
S 3,000 .00 $ 3,000 .00
0 0 0 $ $ $ 3000.00 $ J,000.00
2 112 178 $ 246055. 00 $ 113 090. 00 $ 21750. 00 $ 386 895. 00 Less $230 ,670 .97 revised total $156,224.03
210
t'rl
t3I --
VJ
TASK DESCRIPTION: Pnncip,I
HourlvRale S275.00
Additiona lServices ( if needed)
Additional PotllOling ( daily rate) - CBelow
Cooositivity Asssessment - YF Yeager
COOosion Control Design - YF Yeager
Cathodic Protection Design Pipeline - YF Yeager
Hydraulic Analysis - Dex1er Wilson
Caltrans Encroa chment Permit Applcalion
Galtrans Processilg and Coordination
Phase 1Monument Preservation
Phase 1Monument Replacement
Record of Survey

EXHIBITB
ISEYSTREET WATERMAIN PROJlCT
m.~r
A6' 0Cilte ~ -~~ iii
260.00 $ 240.00 $ 220.00 $ 200.00 $ 165.00 S135.00
TxfJ: ' 1H Subconsulr, nt. & peno ..

Task
Tora/ ISi:
220.00 $ 36000 $ 195.00
s $ 12,725.00 S 12,725.00
4,980.00 s 4,980.00
s S 12,180.00 S 12,180.00
s $ 18,400.00 S 18,400.00
s $ 3,480.00 s 3,480.00
s 1,480.00 s 1,480.00
s 2,020.00 s 2,020.00
s 3,120.00 s 3,120.00
5,980.00 s 5,980.00
S 15,000.00
211
AGREEMENT FOR PROFESSIONAL SERVICES (C01126) 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 Docusign Envelope ID: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 2/27/2025
1494 212
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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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1498 216
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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 One Hundred Fifty-Six Thousand Two Hundred Twenty-Four Dollars and Three Cents ($156,224.03) (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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1499 217
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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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1500 218
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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, 2026, 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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1501 219
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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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1503 221
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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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1505 223
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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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1506 224
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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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1507 225
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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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1509 227
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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]
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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
Robert Fisher, Date
Acting City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

Slovak, Baron, Empey, Murphy & Pinkney
LLP
City Council Approval:________________
John O. Pinkney Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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Richard O'Neill
1770 Iowa Ave, Suite 100
Rick Engineering Company
2/27/2025
Associate Principal
95-1859899
Riverside, CA 92507
2/27/2025
2/27/2025
2025-028
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Exhibit “A”-1
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:

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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
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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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1517 235
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1518 236
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1519 237
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1520 238
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1521 239
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1522 240
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1523 241
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1524 242
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1525 243

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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1526 244
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1527 245
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1528 246
Exhibit “A”-15
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1529 247
Exhibit “B”-1
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1530 248
Exhibit “B”-2

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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1531 249
Exhibit “B”-3

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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1532 250
Exhibit “C”-1
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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1533 251
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
Docusign Envelope ID: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1534 252
Exhibit “C
-1”-2
Docusign Envelope ID: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1535 253
Exhibit “D”- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule 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: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1536 254
Exhibit “D-1”- 1
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
Docusign Envelope ID: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1537 255
Exhibit “D-1”- 2
Less $230,670.97 revised total $156,224.03
Docusign Envelope ID: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 256 1538
Exhibit “D-1”- 3
Docusign Envelope ID: 027C3AAE-98F6-48F5-864C-E3E0A1719E60 1539 257
Contract Addendum
Addendum No. 1
Job No. 19973
April 15, 2025
Mr. Nathan Smith, PE
City of Banning
99 East Ramsey Street
Banning, CA 92220
Sent via email: [email protected]
At the request of the city the order and schedule for the design of plans was revised and extended. Phase 1 plans were prioritized after 30% submittal. Original contract scope assumed that all three phases would be designed concurrently and therefore meetings and invoices would be done all at the same time. Phase 3 plans are dependent on input from Riverside County Flood Control and their schedule for their Pershing Channel project. This has created uncertainty in the alignment of the Phase 3 waterline, and we recommend that 90% submittal and Final Water Plans for Phase 3 be removed from the scope and postponed until further notice.

By signing below as indicated, Rick Engineering Company (“Consultant”) is authorized to expend an additional $20,930, bringing the total amount authorized as of this date to $407,825 to perform work in conjunction with our contract, dated November 14, 2023. The additional scope and fees are described below.

Additional Scope of Work:

1. Additional Project Management –
Consultant will provide project management of the project for Phase 2 (through Final Water Plans) and Phase 3 (through 60% Submittal) 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 $7,640
258
Mr. Nathan Smith, PE
19973 Addendum No. 1
April 15, 2025

\\cp.rickeng.com\projects\C19500\19973_CityofBanning_waterline\Admin\Contracts\Proposals\2025_0415_19973_Contract_Addendum_01.docx each milestone submittal, and in conformance with federal, state, and city standards.

2. Additional Progress Meetings –
Consultant 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 for Phase 2 (through Final Water Plans) and Phase 3 (through 60% Submittal).

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.
$7,780

3. Additional Invoicing –
Consultant 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.
$2,200

4. Additional Staking (Gus Jr. Dwy) –
Consultant will layout staking of curb and gutter at driveway location.

Includes office calculations, point preparation, and coordination with field crew for driveway staking.
$3,310

5. Per Contract Exhibit “C” Schedule of Compensation item II, we are requesting to shift funds between sub-tasks as outlined below, without increasing the Contract Sum.

1. Task 2.2 – Pothole (C Below) - $18,000 to Task 3.2 Preliminary Design Plans (60% design) and $12,000 to Task 3.3 Detailed Design Plans (90% design)
$0
259
Mr. Nathan Smith, PE
19973 Addendum No. 1
April 15, 2025

\\cp.rickeng.com\projects\C19500\19973_CityofBanning_waterline\Admin\Contracts\Proposals\2025_0415_19973_Contract_Addendum_01.docx

2. Task 6.1 SWPPP - $6,600 to Task 4.1 Final Water Plans All other provisions of the original contract are to remain unchanged.

Authorized by:

RICK ENGINEERING COMPANY Date: April 15, 2025
Signature: Title: Associate Principal
Richard O’Neill, R.C.E. No. 63285, LEED AP, QSD
Authorized by:

City of Banning
Signature: Date:

Print Name: Title:

Please return a signed copy to RICK ENGINEERING COMPANY. 260
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES (C01126) 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 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and Glenn A. Rick Engineering & Development Co., a California Corporation, dba Rick Engineering Company. (“Consultant”) is effective as of this day:
______________.

RECITALS
A. City and Consultant entered into that certain Contract dated February 27, 2025 for the purpose of providing Engineering Design Services (“Agreement”) following Design of Ramsey Street Water Main, as approved by City Council Resolution No.2025-028.

B. City and Consultant now desire to amend the Agreement to modify the Scope of Services, extend the Term of the Agreement to December 31, 2026, and increase the Contract Sum to $189,261.39.

The Parties therefore agree follows:

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

1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment 1, attached hereto and incorporated herein.

1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Twenty Thousand Nine Hundred Thirty Dollars ($20,930.00) thereby increasing the Contract Sum, as set forth in Section

2.1 of the Agreement, to One Hundred Eighty-Nine Thousand Two Hundred Sixty-One Dollars and Thirty-Nine Cents ($189,261.39).

1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through December 31, 2026, unless sooner terminated or extended as provided in the Agreement.

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions 261
of this Amendment No. 1 and the provisions of the Agreement or Amendments, the provisions of this Amendment No. 1 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.

2.3 Authority. The persons executing this Amendment No.1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 1 may be signed in any number of counterparts, each of which will be original, but all of which together will constitute one instrument.

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
262
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Robert Fisher,
Acting City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

Slovak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
Acting 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.
263
ATTACHMENT NO. 1
264
265
266

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Robert Fisher, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: July 8, 2025
SUBJECT: Consideration of Resolution 2025-102, Approving Final Parcel Map 38659 and Release the Map for Recordation; Authorize Staff to Sign the Project Improvement Agreement and Final Parcel Map; Accept Faithful Performance and Labor and Material Bonds for Public Improvements RECOMMENDATION:

Adopt Resolution 2025-102.

BACKGROUND:

Tentative Parcel Map 38659 was adopted by City Council with Resolution 2024-112 on June 24th, 2024.

The Final Map combines 3 lots into 1 larger parcel, as well as makes public dedications for street and utility purposes on Lincoln Street to accommodate the ultimate roadway section per the Circulation Element within the General Plan.

JUSTIFICATION:

The Final Parcel Map was checked by the City's consulting surveyor and was found to be technically correct and conform to the requirements of the Subdivision Map Act. All Conditions of Approval required to be met prior to the recording have been met. They City Engineer has verified that the final maps are in conformance with the approved Tentative Parcel Map 38659.

FISCAL IMPACT:

There is no direct fiscal impact based on the approval of final maps. However, the recordation of the maps allows for the development of the project which will increase the assessed value of the properties resulting in an increase in property tax revenue. Additionally, the project will generate development impact fee revenues. The City’s cost for processing the project will be offset by processing fees.

ALTERNATIVES:

Do not adopt Resolution 2025-102 and provide staff with additional direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-102 FPM 38659.pdf
267

2. Resolution 2028-102 FPM 38659 Exhibit A.pdf

3. Resolution 2028-102 FPM 38659 Exhibit B.pdf

4. Att. 1 CC Resolution No. 2024-112.pdf

5. Att. 2 Bonds.pdf

6. Resolution 2025-102 FPM 38659.docx
268
Resolution 2025-102

RESOLUTION 2025-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 38659; AUTHORIZING STAFF TO SIGN THE FINAL PARCEL MAP AND PROJECT IMPROVEMENT AGREEMENT; RELEASING THE FINAL MAP FOR RECORDATION; AND ACCEPTING THE PERFORMANCE AND LABOR AND

MATERIAL BONDS FOR PUBLIC IMPROVEMENTS
WHEREAS, Tentative Parcel Map (TPM) No. 38659 was approved by City Council on June 24th, 2024 with Resolution 2024-112; and
WHEREAS, Final Parcel Map (PM) No. 38659 will combine 3 existing parcels into a single

14.27 acre parcel and dedication for Lincoln Street to the ultimate width per the Circulation Element within the General Plan; and
WHEREAS, the property owner has signed a Project Improvement Agreement and has submitted bonds to assure that the required public improvements are constructed; and WHEREAS, the PM 38659 have been deemed technically correct and that they conform to the requirements of the Subdivision Map Act and the City Engineer has verified that PM 38659 are in substantial conformance with the approved TPM 38659.

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

SECTION 1. The City Council approves PM 38659, a copy of which is hereby attached as Exhibit “A” and made part of this Resolution.

SECTION 2. The City Council approves the execution of the Project Improvement Agreement to be signed by the Mayor which is hereby attached as Exhibit “B” and made part of this resolution.

SECTION 3. The City Council accepts the performance and labor and material bonds and authorize staff to sign the final maps
SECTION 4. The City Council directs the Administrative City Clerk to transmit PM 38659 to the County Recorder of the County of Riverside for recordation.

SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 269
Resolution 2025-102

PASSED, APPROVED AND ADOPTED this 8th day of July, 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Vicky Sellers, City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, City Attorney
270
Resolution 2025-102

CERTIFICATION:

I, Vicky Sellers, City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-102, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 8th day of July 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Vicky Sellers, City Clerk
City of Banning, California
271
Resolution 2025-102

EXHIBIT A
Final Parcel Map 38659
272
Resolution 2025-102

EXHIBIT B
Project Improvement Agreement for Final Parcel Map 38659 273
274
275
276
11303-0001\2397230v1.doc 1

CITY OF BANNING

PROJECT IMPROVEMENT AGREEMENT
* * * * * * REFERENCE DATA * * * * * *
PROJECT NO. DR23-7008
NAME OF PROJECT (hereinafter “Project”): Brown Strauss Industrial Project

NAME AND ADDRESS
OF THE DEVELOPER(S): Brown Strauss Inc.
2495 Uravan Street
Aurora, CO 80011
Bremco Construction, Inc.
3470 Spring Street
Long Beach, CA 90806

PLANNING COMMISSION OR CITY COUNCIL RESOLUTION
OF APPROVAL NO. 2024-112 (hereinafter “Resolution of Approval”) IMPROVEMENT PLANS NO. LD24-0022 (hereinafter “Improvement Plans,” which include all Project specifications)
IMPROVEMENTS: See Schedule A
ESTIMATED TOTAL COSTS OF IMPROVEMENTS: $ 806,055.45
(hereinafter “Estimated Total Costs”)
FORM OF IMPROVEMENT SECURITY: [X] Surety bonds
[ ] Deposit of money
[ ] Other:

NAME AND ADDRESS OF
SURETY (if applicable): Hartford Fire Insurance Company (Name of Entity)
One Hartford Plaza
(Street Address)
Hartford, CT 06155
(City) (State) (Zip)
277
11303-0001\2397230v1.doc 2
SURETY BOND NUMBERS (if applicable): Performance Bond: 72BCSJF0306 Payment Bond: 72BCSJF0306
Warranty Bond: 72BCSJF0306
EFFECTIVE DATE OF AGREEMENT:
(to be inserted by City)

COMPLETION PERIOD: All improvements of the Project shall be completed within 2 year(s) from the Effective Date of this Agreement.
* * * * * * * * * * * * * * * * * * * * * *

278
11303-0001\2397230v1.doc 3

TABLE OF CONTENTS

1. THE DEVELOPER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS.............. 4

2. INSPECTION OF WORK AND FINAL ACCEPTANCE .............................................. 5

3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS ................................. 6

4. TIME EXTENSIONS ....................................................................................................... 6

5. IMPROVEMENT SECURITY ......................................................................................... 7

6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY ................................. 8

7. INDEMNIFICATION OF THE CITY BY THE DEVELOPER ...................................... 8

8. INSURANCE .................................................................................................................. 10

9. OWNERSHIP OF THE IMPROVEMENTS .................................................................. 12

10. DEFAULT AND BREACH BY THE DEVELOPER AND REMEDIES OF THE CITY ......................................................................................................................................... 12

11. RELATIONSHIP OF THE PARTIES ............................................................................ 13

12. ASSIGNMENT ............................................................................................................... 14

13. NOTICES ........................................................................................................................ 14

14. TERM ............................................................................................................................. 14

15. ENTIRE AGREEMENT ................................................................................................. 14

16. SEVERABILITY ............................................................................................................ 15

17. INCORPORATION OF REFERENCE DATA AND RECITALS ................................ 15

18. GOVERNING LAW ....................................................................................................... 15

19. CONSTRUCTION .......................................................................................................... 15

20. EFFECTIVE DATE OF THIS AGREEMENT .............................................................. 15 279
11303-0001\2397230v1.doc 4
THIS PROJECT IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into by and between the City of Banning, a municipal corporation (“City”), and the Developer whose name and address is set forth above in the Reference Data.

RECITALS
A. The Developer has presented to the City for approval a proposed Project, identified above in the Reference Data, pursuant to the City’s ordinances and regulations. The City has conditionally approved that Project by adopting the Resolution of Approval, which is incorporated into this Agreement by this reference.

B. As a condition precedent to the approval of the Project, the Developer must comply with the Resolution of Approval and must enter into a secured agreement with the City to complete the improvements within a period of time specified by the City.

C. In consideration of approval of the Project by the City, the Developer desires to enter into this Agreement whereby the Developer promises to install and complete, at its sole expense, all public improvements required by the City for the Project. The Developer has secured this Agreement by improvement security required under this Agreement.

D. Improvement Plans, numbered as designated above in the Reference Data, for the construction, installation and completion of the improvements identified in Schedule A hereto have been prepared by the Developer, approved by the City Engineer, and are on file in the office of the City Engineer.

AGREEMENT
NOW, THEREFORE, in consideration of the approval by the City Council of the Resolution of Approval, the Developer and the City agree as follows:

1. THE DEVELOPER’S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. The Developer shall, at its sole expense, and in compliance with the Improvement Plans and all applicable City standards and fees, and in a good and workmanlike fashion, furnish, construct, install and guarantee and warranty (as set forth in Section 3) the Improvements generally described in Schedule A and more specifically described in the City Council’s Resolution of Approval relating thereto (collectively, the “Improvements”).

B. To the extent necessary to construct the Improvements, as determined by the City Engineer, the Developer shall acquire and dedicate, or pay the cost of acquisition by the City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens and encumbrances. The Developer’s obligations with regard to the acquisition by the City of off-site rights-of-way, easements and other interests in real property, if any, shall be subject to a separate agreement between the Developer and the City.

C. Subject to any time extensions granted in accordance with Section 4, the Developer shall complete all Improvements within the Completion Period specified in the 280
11303-0001\2397230v1.doc 5
Reference Data; provided, however, that if the City Engineer reasonably determines in good faith that accelerated construction of the Improvements is essential in order to protect the public health, welfare, and safety, the City Engineer shall give the Developer not less than fifteen (15) business days’ prior written notice to commence or accelerate installation and construction of such Improvements, or any portion thereof. The notice shall describe the work to be done by the Developer, the time within which the work will commence, the period within which the work will be completed, and the reasons that such early commencement is essential in order to protect the public health, welfare, and safety. All or any portions of said Improvements may be required to be commenced and/or completed at a specified time, providing the foregoing criteria is met. If the Developer objects to the acceleration of the schedule as specified by the City Engineer, the Developer may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within ten (10) days after the effective date of the written notice from the City Engineer.

D. The Developer shall, at its sole expense, replace or repair all public improvements, public property, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer.

E. Until any category of Improvements is accepted by the City, the Developer shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to said Improvements. Neither the City, nor its officers, agents nor employees shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City.

F. The Developer shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by the City’s ordinance or resolution and all taxes required by law.

G. Not less than fifteen (15) days prior to commencement of work on the Improvements, the Developer shall give written notice to the City Engineer of the date fixed for such commencement of work so that the City Engineer shall have adequate time to schedule all necessary inspections.

H. The Developer shall pay all City fees and costs stipulated in the latest fee resolution as adopted by the City Council from time to time as required for the development of the Project, which may include, but is not limited to, building permit fees, grading permit fees, plan check fees, encroachment permit fees, and inspection fees.

2. INSPECTION OF WORK AND FINAL ACCEPTANCE
A. The Developer shall at all times maintain proper facilities and safe access for inspection of the Improvements by the City Engineer and other City personnel and inspection consultants.

B. Upon completion of the work on all or any category of the Improvements specified in Schedule A, the Developer may request a final inspection by the City Engineer. Within ten (10) business days of any inspection of the Improvements, the City Engineer shall provide 281
11303-0001\2397230v1.doc 6
written notice to the Developer of the list of items which have been found to be incomplete and the list of items which have been found to be complete. If the City Engineer determines that all or any specified category of the Improvements have been completed in accordance with this Agreement and in compliance with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. The Developer shall bear all costs of inspection and certification for completeness in accordance with the City’s formally adopted fees and rates.

C. Acceptance of all or any specified category of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of said Improvements pursuant to Subsection B above. The City Council shall act upon the City Engineer’s recommendation within thirty (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements.

3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS
A. Within the period commencing on the date the first category of Improvements is accepted by the City until one (1) year following acceptance by the City of the last of the Improvements, if any Improvements or part of any Improvements furnished, installed, or constructed by the Developer, any of the materials comprising the Improvements, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement or the Improvement Plans, the Developer shall, without delay and without cost to the City, repair, replace, or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements.

This guarantee and warranty on behalf of the Developer shall be separate from and in addition to the improvement security described in Section 5(A)(3) of this Agreement.

B. Should the Developer fail or refuse to act promptly or in accordance with Subsection A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Developer can be notified and can perform the necessary work, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. The City shall provide a bill to the Developer of the total costs of such repair, replacement, or reconstruction, and the Developer shall immediately reimburse the City for those total costs. If the Developer does not immediately pay the total costs incurred, the City may opt to tender on the Developer’s improvement security.

4. TIME EXTENSIONS
A. Upon a showing by the Developer of good cause, the duration of the Completion Period for any or all of the Improvements may be extended by the City Engineer. As used in this Agreement, “good cause” may include, without limitation: delay resulting from an act of the City; acts of God or force majeure, strikes, boycotts, or similar job actions by employees or labor organizations which prevent the conduct of the work; acts or failure to act by the California Coastal Commission, including any order thereof; findings made by a governmental entity that the site of a particular Improvement is of archeological significance; actions or failure to act by native American monitor(s); and the order of any court or the City. 282
11303-0001\2397230v1.doc 7
B. A time extension may be granted without notice to any surety or sureties of the Developer and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement.

C. As a condition of any time extension provided for under this Agreement, the City Engineer may require the Developer to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Costs, as determined by the City Engineer.

5. IMPROVEMENT SECURITY
A. Prior to the City’s execution of this Agreement, the Developer shall provide all three of the following as security to the City:

1. For Performance: Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Reference Data. With this security, the Developer assures faithful performance under this Agreement, as demonstrated by the City’s acceptance, in accordance with the Resolution of Approval and Improvement Plans.

2. For Payment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Reference Data. With this security, the Developer guarantees payment to all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of this Agreement and referred to in Part 6 (commencing with Section 8000) of Division 4 of the Civil Code.

3. For Warranty: Security in an amount equal to one hundred percent (100%) of the Estimated Total Costs, as set forth in the Reference Data, must be provided before final completion and the acceptance of any category of Improvements by the City. With this security, the Developer guarantees the Improvements for one (1) year after the completion and acceptance of the last of such Improvements, against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 of this Agreement.

B. All improvement securities shall be from a California admitted surety insurer or insurers and shall be on forms that are approved by the City Attorney.

C. If the improvement security is a surety bond and, in the opinion of the City, any surety or sureties thereon become insolvent or liquidated, or any surety bond cannot be tendered upon for the full penal sum for any reason, the Developer shall renew or replace any such surety bond with a valid surety bond from a solvent surety or sureties in the amount of the full penal sum within ten (10) days after receiving from the City written demand therefor.

D. Improvement security shall be kept on file with the City Engineer. If a surety bond is replaced by another approved bond, the Developer shall submit the replacement bond to the City Engineer and, upon acceptance by the City Attorney, the improvement security shall be deemed to have been made a part of and incorporated into this Agreement. Upon approval by the City Attorney of a replacement bond, the former improvement security shall be released. 283
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E. Modifications of the Improvement Plans and the Improvements not exceeding ten percent (10%) of the original Estimated Total Costs shall not relieve or release any improvement security furnished by the Developer pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Costs, the Developer shall furnish additional improvement security for performance and payment, as required by Subsection A above, for one hundred percent (100%) of the revised Estimated Total Costs. Alternatively, the Developer may provide official notice from the surety company that it acknowledges receipt of the modified Improvement Plans and that the existing bonds have been amended to reflect the new penal sum, which shall be in the amount of the revised Estimated Total Costs, and that the existing bonds shall therefore apply to warrant the Project as revised.

F. All Improvements shall be completed within the Completion Period listed in the Reference Data. Subject to any time extensions granted in accordance with Section 4 of this Agreement, if the Developer has not completed the Improvements within this specified time, the Developer shall be in default. Alternatively, in the event of a default by the Developer pursuant to Section 10, and after written notice to the Developer and reasonable opportunity to cure, the City, at its sole option, shall have the right, without limiting any other rights and remedies available to the City at law or in equity, to draw upon or utilize the improvement security furnished herewith to construct and install the Improvements itself.

6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY
A. Partial releases or reductions in the Developer’s performance improvement security may be authorized prior to the City’s acceptance of all Improvements required under this Agreement, as provided in this Section 6.

B. Upon written request of the Developer, the City may reduce the improvement security for performance by up to fifty percent (50%) of the penal sum if: 1) the Developer has completed a category of Improvements, and the City has accepted those Improvements; 2) the remaining improvement security for performance is in an amount that covers the remaining Improvements to be installed; and 3) the Developer has submitted, and the City has approved, the full improvement security for warranty. The improvement security for payment and warranty shall not be reduced.

C. If the Developer’s obligations relating to any Improvements are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency.

Such agency shall have two (2) months after the Developer’s performance of the obligation to register its satisfaction or dissatisfaction. If at the end of that period it has not registered its satisfaction or dissatisfaction, it shall be conclusively deemed that the Developer’s performance of the obligation was done to its satisfaction, and such improvement security shall be promptly released.

7. INDEMNIFICATION OF THE CITY BY THE DEVELOPER
A. Neither the City, nor its officers, officials, employees, agents, representatives, and volunteers (collectively, “City Personnel”) shall be liable or responsible for 284
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any accident, injury, loss, or damage to either property or person attributable to or arising out of the construction, installation, or maintenance of the Improvements by the Developer, its officers, employees, and agents. The Developer shall indemnify, hold harmless, and defend the City and City Personnel from and against any and all losses, claims, costs, expenses, liabilities, damages, actions, causes of action, and judgments, including attorneys’ fees, arising directly or indirectly out of or attributable to the Developer’s acts or failure to act.

B. The Developer’s obligations under this Section 7 are not conditioned or dependent upon whether the City or City Personnel prepared, supplied, or reviewed any Improvement Plans in connection with the Project or the Improvements, or has insurance or other indemnification covering any of these matters.

C. The Developer’s obligation to indemnify, hold harmless, and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the Project, and the Improvements required under this Agreement, and shall likewise extend to claims asserted by adjacent property owners based upon the diversion of waters caused by the Developer’s design or construction of Improvements. Except for a City Directive as defined below, the City’s acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced under this Agreement. The City shall not be responsible or liable for the design or construction of the Project or the Improvements constructed or installed pursuant to the approved Improvement Plans, regardless of any act or omission by the City in approving the Improvement Plans, unless the particular Improvement design was required by the City over the written objection of the Developer, which objection stated that the Improvement design was potentially dangerous or defective and set forth an alternative design (a “City Directive”). After the City’s acceptance of the Improvements, the Developer shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction (other than those required by a City Directive); provided, however, that the Developer shall not be responsible for routine maintenance. The Developer’s indemnity obligations under this Section 7 shall remain in effect for two (2) years following acceptance of the last of the Improvement(s) by the City Council.

The Developer acknowledges and agrees that the Developer shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, unless the same is due to a City Directive. The City shall not be liable for any acts or omissions in approving, reviewing, checking, correcting, or modifying any Improvement Plans, or in inspecting, reviewing, or approving any work or construction of Improvements, unless the same is due to a City Directive. The Developer’s improvement security shall not be required to secure the Developer’s obligations under this Subsection C beyond the warranty period listed in Section 5(A)(3).

D. The Developer shall pay and satisfy any judgment, award or decree that may be rendered against the City and City Personnel to the extent of the indemnity provided above in any such suit, action, or other legal proceeding, provided the City gives the Developer prompt written notice of such claim.

E. The Developer’s obligation to indemnify shall not be restricted to Insurance proceeds, if any, received by the City and City Personnel. 285
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F. The Developer, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the City and City Personnel to the extent of the indemnity above provided.

8. INSURANCE
A. General Liability. The Developer shall at all times during the term of this Agreement (as listed in Section 14) carry, maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance with limits of Two Million Dollars ($2,000,000) for each occurrence and in the aggregate, combined single limit, against bodily injury (including death), or loss or damage to property to the extent resulting from the wrongful or negligent acts or omissions of the Developer, its officers, employees, and agents, and shall require such coverage of its independent contractors. If such insurance contains a general aggregate limit, either the general aggregate shall apply separately to this Project, or the general aggregate limit shall be three (3) times the occurrence limit. The Developer shall have the right to provide such insurance under its existing insurance program, provided such existing insurance meets all of the requirements of this Subsection A.

B. Automobile Liability (including owned, non-owned, and hired autos). The Developer shall at all times during the term of this Agreement (as listed in Section 14) also carry, maintain, and keep in full force and effect a policy or policies of commercial automobile liability insurance with a combined single limit of One Million Dollars ($1,000,000), single limit, per occurrence for bodily injury and property damage, which will cover the drivers and automobiles used to perform services pursuant to this Agreement. Such insurance shall include coverage for owned, non-owned, and hired automobiles. The Developer shall have the right to provide such insurance under its existing insurance program, provided such existing insurance meets all of the requirements of this Subsection B.

C. Workers’ Compensation. The Developer shall at all times during the term of this Agreement (as listed in Section 14) provide Workers’ Compensation Insurance, including employer’s liability coverage, for the protection of the Developer’s employees, with a minimum limit of One Million Dollars ($1,000,000) or the amount required by law, whichever is greater.

The Developer shall require each contractor and subcontractor to provide Workers’ Compensation Insurance in the aforementioned amount and file certificates of insurance with the City evidencing such coverage for their respective employees.

D. The Developer agrees that if it does not keep the aforesaid insurance in full force and effect the City may either, after written notice to the Developer and failure by the Developer to cure same within ten (10) days, immediately terminate this Agreement for default by the Developer, or, if insurance is available at reasonable cost, the City may take out the necessary insurance and pay, at the Developer’s expense, the premium amount.

E. The general liability policy and automobile liability policy shall each be endorsed to state that the City and City Personnel, as that term is defined above, shall be covered as additional insureds to the extent of the indemnity in Section 7.

F. The insurance provided by the Developer shall be primary to any coverage 286
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available to the City or City Personnel and shall provide that any insurance or self-insurance maintained by the City or City Personnel shall be in excess of the Developer’s insurance and shall not contribute with it.

G. The insurance provided by the Developer shall be endorsed to state that the insurer shall waive all rights of subrogation against the City and City Personnel, to the extent of the Indemnity in Section 7.

H. The policy or policies required under this Agreement shall be issued by an insurer admitted in the State of California with a rating of at least B+:VII in the latest edition of A.M. Best’s insurance guide.

I. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer or a broker to bind coverage on its behalf. The certificates shall also specifically state that the coverage contained in those policies affords insurance in compliance with the terms and conditions as set forth in this Agreement.

J. Deductibles. The Developer’s deductible shall not exceed Ten Million Dollars ($10,000,000). Any deductibles or self-insured retentions of any contractors or subcontractors must be declared to and approved by the City prior to the execution of this Agreement by the City. At the option of the City, either the contractor’s or subcontractor’s insurer(s) shall reduce or eliminate the deductibles or self-insured retentions regarding the City, or the contractor or subcontractor shall procure a bond guaranteeing payment of losses and expenses.

K. Notice of Policy Changes. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days’ prior written notice thereof given by the Developer to the City.

L. Evidence of Coverage. Prior to commencement of work, the Developer shall submit a certificate or certificates of insurance in a form acceptable to the City Attorney, showing compliance with the foregoing requirements. The Developer shall ensure those certificates are valid at all times during the term of this Agreement (as listed in Section 14) or shall replace them immediately. The Developer shall ensure that all of its contractors and subcontractors required in this Agreement to obtain any insurance shall also submit certificates of insurance in form acceptable to the City Attorney showing compliance with the foregoing requirements prior to commencement of work and shall ensure those certificates are valid at all times during the term of this Agreement.

M. Nothing contained in this Section 8 shall be construed as limiting in any way the Developer’s obligations of indemnification under Section 7 or any other extent to which the Developer may be held responsible for payment of damages to persons or property resulting from its operations, including operations and work performed or materials supplied by or on behalf of the Developer, any contractors or subcontractors, or by anyone directly or indirectly employed by any of them.

N. The following coverages will be provided by the Developer and maintained on behalf of the City and in accordance with the requirements set forth in this Agreement. If the Developer performs construction activities through a general contractor or subcontractors, some 287
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or all of these insurance requirements for the period of construction may be satisfied by the general contractor’s or subcontractors’ insurance coverages; provided, however, that the Developer shall first provide a written plan for the approval of the City which sets forth the respective obligations and deadlines of the Developer and its contractor and subcontractors.

9. OWNERSHIP OF THE IMPROVEMENTS
A. Ownership of all or any category of the Improvements constructed and installed by the Developer pursuant to this Agreement to be dedicated shall vest, as applicable, in the City (or other specified governmental agency) upon acceptance of said Improvements by the City Council and recordation of a Notice of Completion.

B. The Developer shall at all times prior to the acceptance of the Improvements by the City, give good and adequate warning to the public of each and every dangerous and defective condition caused by the construction of the Improvements and shall take all steps necessary to protect the public from such dangerous or defective conditions. The Developer agrees and understands that until acceptance of the Improvements by the City, each Improvement and Improvement area that is offered for dedication shall be under the charge of the Developer, and the Developer may close all or a portion of any street or area whenever necessary to protect the public during the construction of the Improvements.

10. DEFAULT AND BREACH BY THE DEVELOPER AND REMEDIES OF THE CITY
A. Upon the occurrence of any of the following events, the Developer shall be deemed to be in default under this Agreement:

1. Subject to any time extensions granted in accordance with Section 4, failure to complete construction and installation of the Improvements or any of them by the Completion Date set forth in the Reference Data;

2. Failure to promptly correct or cure any defect in the Improvements or any of them (other than a City Directive) during the guarantee and warranty period required by Section 3(A) or failure to commence correction or cure of any such defect or failure to diligently prosecute same to completion, in each instance following written notice that such defect exists;

3. Subject to any time extensions granted in accordance with Section 4, failure to perform substantial work on the Improvements or on any of them, after commencement of work on same, for a period of thirty (30) days after written notice thereof from the City;

4. Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, and such is not cured or discharged within a period of thirty (30) days;

5. Commencement of a foreclosure action against the Project or any portion thereof, or any conveyance by the Developer in lieu or in avoidance of foreclosure, within thirty (30) days of written notice thereof from the City; or 288
11303-0001\2397230v1.doc 13

6. Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within the time period specified in this Agreement for the performance of that obligation, or if no time is specified, within thirty (30) days of written notice thereof from the City.

B. The City reserves to itself all remedies available to it at law and in equity for any breach of the Developer’s obligations under this Agreement. The City shall have the right, without limitation of other rights or remedies, after written notice to the Developer and a reasonable opportunity for the Developer to cure any such alleged default, to draw upon or utilize any improvement security furnished hereunder to complete the Improvements or otherwise mitigate the City’s damages in the event of the Developer’s default.

C. Following the written notice of alleged default and failure by the Developer to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may tender to the surety on the surety bond furnished as improvement security for performance, and request appropriate funds or that said surety take over and complete the Improvements specified under this Agreement.

D. The Developer acknowledges that the Estimated Total Costs and improvement security amounts set forth under this Agreement may not reflect the actual cost of construction or installation of the Improvements, and consequently, the City’s damages for the Developer’s default shall be measured by the actual cost of completing the required Improvements.

E. Following the written notice of alleged default and failure by the Developer to promptly commence the cure of any alleged default and to diligently prosecute such cure to completion, the City may, without liability for so doing, take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to the Developer as may be on the site of the work and necessary for the performance of the work.

The Developer hereby consents to such entry by the City and its representatives, including employees, agents, and contractors, upon any real property in the Project owned by the Developer, in the event the City elects to maintain or complete the work on the Improvements following the Developer’s default.

F. The City’s failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Developer.

G. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, experts’ fees, and other costs, in addition to any other relief to which the party may be entitled.

11. RELATIONSHIP OF THE PARTIES
Neither the Developer, nor any of the Developer’s contractors, subcontractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of the Developer’s obligations under this Agreement. The Developer shall not, at any time or in any 289
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manner, represent or allow representation by its contractors, subcontractors, employees, or agents that any of them are contractors, subcontractors, employees, or agents of the City.

12. ASSIGNMENT
A. The Developer shall not assign this Agreement or any portion thereof without the prior written consent of the City. Any attempted or purported assignment in violation of this Subsection A shall be null and void and shall have no force or effect.

B. The sale or other disposition of the Project shall not relieve the Developer of its obligations under this Agreement. If the Developer intends to sell the Project or any portion thereof to any other person or entity, the Developer may request a novation of this Agreement and a substitution of improvement security. Upon the City’s approval of the novation and substitution of improvement security, the Developer may request a release or reduction of the improvement security furnished pursuant to this Agreement.

13. NOTICES
All notices required or provided for in this Agreement shall be in writing and delivered in person or by mail, postage prepaid, and addressed as follows:

If to the City: Art Vela, P.E.

Public Works Director/City Engineer
City of Banning
99 E. Ramsey Street
Banning, California 92220
If to the Developer: To the address set forth above in the Reference Data, or to such other address as may subsequently
be designated in written notice to the City.

Notice shall be effective on the date that it is delivered in person, or if mailed, three (3) days after the date of deposit in the United States Mail.

14. TERM
The term of this Agreement shall commence on the Effective Date of Agreement as listed in the Reference Date and shall continue until the end of the guarantee and warranty period in Section 3(A) and warranty period in Section 5(A)(3), unless any claims filed during that time have not been settled, in which case the term of this Agreement shall extend until those claims have been settled.

15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, 290
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the duly authorized representative, unless otherwise specified under this Agreement, shall be the City Engineer.

16. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

17. INCORPORATION OF REFERENCE DATA AND RECITALS
The Reference Data, the Recitals and Schedule A are attached hereto and incorporated into this Agreement.

18. GOVERNING LAW; VENUE
This Agreement shall be governed by the laws of the State of California, excluding California’s choice of law rules. Venue for any action relating to this Agreement shall be in the Riverside County Superior Court.

19. CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter under this Agreement, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted this Agreement or who drafted that portion of this Agreement.

20. EFFECTIVE DATE OF THIS AGREEMENT
This Agreement shall be and become effective as of the date that it is executed by a duly authorized officer or employee of the City, it being the intention of the parties that the Developer shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Developer.
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“CITY”

CITY OF BANNING
_____________________________
Daniela Andrade, Mayor
ATTEST:
________________________ (SEAL)
Sonja De La Fuente, Deputy City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
________________________
Kevin G. Ennis, Esq., City Attorney

295
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[This page for acknowledgments.]
296
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[ ] PROJECT NO. _DR23-7008______
[ ] PROJECT NAME Brown Strauss Industrial Project

SCHEDULE A
297
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INSERT APPROVED CONSTRUCTION SECURITY WORKSHEET DATED 5/15/2025 298

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
CUP/DR/PM/TM Number: Date: 5/15/2025

FAITHFUL PERFORMANCE LABOR AND MATERIAL

SECURITY PAYMENT SECURITY
[100% of Estimated Costs] [100% of Estimated Costs]
Street
ST____ -________
Storm Drain (City Maintained)
SD____-________
Flood Control (RCFCD Maintained)
SD____-________
Traffic (Signing & Striping / Signal)
SS____-________ / TS____-________
Potable Water
WAT____-________
Non-Potable Water
NP____-________
Sewer
SEW____-________
Erosion and Sediment Control
ESC____-________
Landscape (Parkway and Median)
LS____-________
TOTAL (For Bonding Purposes) $ 806,055.45 $ 806,055.45

PLAN CHECK FEES
INSPECTION FEES (4% of Construction Cost) $ 32,242.22
Engineer's Name (Typed or printed) RCE #
Civil Engineer's Stamp

I M P R O V E M E N T S
$ -
$ -
$ 22,000.00
$ 8,500.00
$ 28,555.45
$ 8,000.00
$ 8,500.00
$ -
LD24-0022

D E S I G N E N G I N E E R S O P I N I O N O F C O N S T R U C T I O N S E C U R I T Y See current Public Works Fee Schedule
$ 8,500.00
$ 28,555.45
$ -
$ 730,500.00 $ 730,500.00
$ -
$ 8,000.00
5/15/2025
James T. Stanton 70944 6/30/27
$ 8,500.00
Engineer's Signature Date
The construction items and their quantities as shown on the attached worksheet are accurate for the construction of the improvements required or implied to fulfill the Conditions of Approval for this project. The mathematical extensions, using the City's unit costs, are accurate for determining bond amounts and fees. $ 22,000.00
$ -

4. RCFCD Storm Drain is for bonding purposes only. Separate review and plan check fees are payable to RCFCD.

2. For construction items not covered by the items provided on this document or no unit cost provided on any items, the Design Engineer is to provide their opinion of construction cost. If the City's construction costs are determined to be too low in the opinion of the Design Engineer, then the higher cost provided by the Design Engineer shall be used.

5. CPI adjustment applied from July 2022 to July 2023 per Bureau of Labor. Adjustment is 6.16%

3. Show bond amounts to the nearest $500.00 (Rounded Up).

1. Quantities are to be taken from improvement plans.

Expiration Date
¯¯¯ P L E A S E R E A D I N S T R U C T I O N S B E L O W ¯¯¯ https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2022/225047 Bremco Construction Brown Strauss Steel Banning/Docs/Construction Security Worksheet RW FY24- 25 1.xlsx]
299

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
LD24-0022 DATE 5/15/2025
ST____ -________

QUANTITY UNIT ITEM UNIT
COST
AMOUNT
2,871 CY Roadway Excavation $ 21.00 $ 60,291.00
1,545 CY Crushed Aggregate Base Material (_6_") [ROADWAY TYPE 1] $ 60.00 $ 92,700.00 1,333 TON AC Pavement (_5_") [ROADWAY TYPE 1] $ 90.00 $ 119,970.00 1,655 CY Crushed Aggregate Base Material (____") [ROADWAY TYPE 2] $ 60.00 $ 99,300.00 TON AC Pavement (____") [ROADWAY TYPE 2] $ 90.00 $ -
CY Crushed Aggregate Base Material (____") [ROADWAY TYPE 2] $ 60.00 $ - TON AC Pavement (____") [ROADWAY TYPE 2] $ 90.00 $ -
8,520 SF Grind and Remove AC Pavement (1 1/2" to 2") $ 0.50 $ 4,260.00 TON AC Cap/Overlay $ 90.00 $ -
LF AC Berm - 6" (C-204) $ 10.00 $ -
LF AC Berm - 8" (C-204) $ 12.00 $ -
LF Remove AC Berm $ 10.00 $ -
1,423 LF Sawcut $ 5.00 $ 7,115.00
LF Utility Trench (in existing roadway) $ 17.00 $ -
SF Utility Repave (in existing roadway) (W-30) $ 14.00 $ - SF Remove AC Pavement (3" - 5" full depth) $ 5.00 $ -
TON Remove and Replace AC Pavement (Trench Repair) $ 150.00 $ - $ -
$ -
$ -
LF 6" Curb and Gutter (C-200) $ 23.00 $ -
1,219 LF 8" Curb and Gutter (C-201) $ 25.00 $ 30,475.00 LF Type "C" Curb (C-202) $ 20.00 $ -
LF 6" Curb Only (C-203) $ 12.00 $ -
LF 8" Curb Only (C-203) $ 12.00 $ -
SF Cross Gutter and Spandrel (C-211) $ 22.00 $ -
SF Cross Gutter and Spandrel >4% (C-212) $ 22.00 $ -
5,383 SF Sidewalk (C-213) $ 8.00 $ 43,064.00
SF Residential Driveway Approach (C-207) $ 10.00 $ -
SF Residential Driveway Approach (C-208) $ 10.00 $ -
1,972 SF Commercial Driveway Approach (C-209) $ 10.00 $ 19,720.00 SF Commercial Driveway Approach (C-210) $ 10.00 $ -
EA HC Access Ramp Type 1 (C-214) $ 3,500.00 $ -
EA HC Access Ramp Type 2 (C-215) $ 3,500.00 $ -
SF Alley Intersection (ST-106.1) $ 16.00 $ -
SF Bus Turnout (C-216) $ 25.00 $ -
SF PCC Paving (6" Section) $ 8.00 $ -
SF PCC Paving (8" Section) $ 10.00 $ -
LF Remove Existing Curb and Gutter $ 10.00 $ -
SF Remove Existing Cross Gutter and Spandrel $ 12.00 $ - SF Remove Existing Driveway $ 6.00 $ -
SF Remove Existing Sidewalk $ 4.00 $ -
$ -

STREET IMPROVEMENTS
Project
PW Plan Number

ASPHALT

CONCRETE
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300

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
LD24-0022 DATE 5/15/2025
ST____ -________

QUANTITY UNIT ITEM UNIT
COST
AMOUNT

STREET IMPROVEMENTS
Project
PW Plan Number
ASPHALT $ -
$ -
$ -
$ -
LF Sawcut Existing Pavement $ 5.00 $ -
CY Remove/Dispose Existing Base and Pavement $ 25.00 $ - LF 8" Curb Only (C-203) $ 12.00 $ -
CY Remove Existing Concrete $ 25.00 $ -
SF Median Stamped Concrete (4" - 6" thick) $ 10.00 $ -
$ -
$ -
$ -
$ -
$ -
EA Residential Curb Drain (C-217) $ 500.00 $ -
1 EA Under Sidewalk Drain (C-218) $ 2,500.00 $ 2,500.00 LF Barricade $ 10.00 $ -
EA Street Lights $ 6,000.00 $ -
7 EA Relocate Power Pole $ 15,000.00 $ 105,000.00
EA Relocate Street Light $ 2,500.00 $ -
LF 6' Chain Link Fence $ 35.00 $ -
LF 6' Tubular Steet Fence $ -
1,864 LF Remove Existing Fencing $ 7.00 $ 13,048.00
114 LF Redwood Header $ 5.00 $ 570.00
LF 6' Max Masonry Wall $ -
LF 6' Max Masonry Retaining Wall $ -
LF 6' Max PCC Concrete Retaining Wall $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Street Subtotal:

Street Subtotal with CPI Adjustment (6.16%)
15% Contingency:

TOTAL:

MISCELLANEOUS
$634,850.60
$95,227.59
$730,078.19
$598,013.00
MEDIAN
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301

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
DATE 5/15/2025
SD____-________

QUANTITY UNIT ITEM
UNIT
COST
AMOUNT
L.F. 12" R.C.P. $ 122.00 $ -
L.F. 15" R.C.P. $ 140.00 $ -
L.F. 18" R.C.P. $ 155.00 $ -
L.F. 24" R.C.P. $ 190.00 $ -
L.F. 30" R.C.P. $ 241.00 $ -
L.F. 36" R.C.P. $ 318.00 $ -
L.F. 42" R.C.P. $ 330.00 $ -
L.F. 48" R.C.P. $ 368.00 $ -
L.F. 54" R.C.P. $ 406.00 $ -
L.F. 60" R.C.P. $ 495.00 $ -
L.F. 66" R.C.P. $ 572.00 $ -
L.F. 72" R.C.P. $ 648.00 $ -
L.F. Catch Basins $ 700.00 $ -
EA Inlet Type IX & X $ 5,000.00 $ -
EA Manhole at Junction $ 7,000.00 $ -
EA Manhole No. 1 $ 6,500.00 $ -
EA Manhole No. 2 $ 7,000.00 $ -
EA Manhole No. 3 $ 6,500.00 $ -
EA Manhole No. 4 $ 7,000.00 $ -
EA Transition Structure No. 1 $ 15,213.00 $ -
EA Transition Structure No. 3 $ 4,867.00 $ -
EA Junction Structure No. 1 $ 3,657.00 $ -
EA Junction Structure No. 2 $ 4,872.00 $ -
EA Junction Structure No. 6 $ 6,087.00 $ -
C.Y. Rip Rap $ 100.00 $ -
C.Y. Rip Rap (Grouted) $ 150.00 $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
City Storm Drain Subtotal:
15% Contingency:

TOTAL:
$0.00
$0.00

CITY STORM DRAIN IMPROVEMENTS
$0.00
Project
PW Plan Number
City Storm Drain Subtotal with CPI Adjustment (6.16%): $0.00 https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2022/225047 Bremco Construction Brown Strauss Steel Banning/Docs/Construction Security Worksheet RW FY24- 25 1.xlsx
302

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
DATE 5/15/2025
SD____-________

QUANTITY UNIT ITEM
UNIT
COST
AMOUNT
L.F. 12" R.C.P. $ 122.00 $ -
L.F. 15" R.C.P. $ 140.00 $ -
L.F. 18" R.C.P. $ 155.00 $ -
L.F. 24" R.C.P. $ 190.00 $ -
L.F. 30" R.C.P. $ 241.00 $ -
L.F. 36" R.C.P. $ 318.00 $ -
L.F. 42" R.C.P. $ 330.00 $ -
L.F. 48" R.C.P. $ 368.00 $ -
L.F. 54" R.C.P. $ 406.00 $ -
L.F. 60" R.C.P. $ 495.00 $ -
L.F. 66" R.C.P. $ 572.00 $ -
L.F. 72" R.C.P. $ 648.00 $ -
L.F. Catch Basins $ 700.00 $ -
EA Inlet Type IX & X $ 5,000.00 $ -
EA Manhole at Junction $ 7,000.00 $ -
EA Manhole No. 1 $ 6,500.00 $ -
EA Manhole No. 2 $ 7,000.00 $ -
EA Manhole No. 3 $ 6,500.00 $ -
EA Manhole No. 4 $ 7,000.00 $ -
EA Transition Structure No. 1 $ 14,770.00 $ -
EA Transition Structure No. 3 $ 4,725.00 $ -
EA Junction Structure No. 1 $ 3,550.00 $ -
EA Junction Structure No. 2 $ 4,730.00 $ -
EA Junction Structure No. 6 $ 5,910.00 $ -
C.Y. Rip Rap $ 100.00 $ -
C.Y. Rip Rap (Grouted) $ 150.00 $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
15% Contingency:

TOTAL:

Project
PW Plan Number
$0.00
$0.00

RIVERSIDE COUNTY FLOOD CONTROL DISTRICT STORM DRAIN
Riverside County Flood Control District Storm Drain Subtotal: $0.00 RCFCD Storm Drain Subtotal with CPI Adjustment (6.16%): $0.00 https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2022/225047 Bremco Construction Brown Strauss Steel Banning/Docs/Construction Security Worksheet RW FY24- 25 1.xlsx
303

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
DATE 5/15/2025
SS____-________ / TS____-________

QUANTITY UNIT ITEM UNIT COST AMOUNT
EA Furnish/Install Sign Panel on One Post $ 350.00 $ -
EA Furnish/Install Sign Panel on Two Posts $ 500.00 $ - EA Furnish/Install Sign Panel $ 300.00 $ -
EA Furnish/Install Sign Panel on Mast Arm $ 500.00 $ -
EA Remove Sign $ 200.00 $ -
EA Relocate Sign $ 250.00 $ -
L.F. Install Detail 1 $ 2.25 $ -
L.F. Install Detail 2 $ 2.25 $ -
L.F. Install Detail 8 $ 2.25 $ -
L.F. Install Detail 9 $ 2.25 $ -
L.F. Install Detail 15 $ 2.75 $ -
L.F. Install Detail 16 $ 2.75 $ -
L.F. Install Detail 21 $ 3.25 $ -
L.F. Install Detail 22 $ 3.25 $ -
L.F. Install Detail 24 $ 2.75 $ -
L.F. Install Detail 25 $ 2.75 $ -
2,250 L.F. Install Detail 27B $ 2.75 $ 6,187.50
L.F. Install Detail 28 $ 3.75 $ -
L.F. Install Detail 29 $ 3.75 $ -
L.F. Install Detail 31 $ 3.25 $ -
L.F. Install Detail 32 $ 3.25 $ -
L.F. Install Detail 38 $ 3.25 $ -
L.F. Install Detail 38A $ 3.25 $ -
L.F. Install Detail 39 $ 3.25 $ -
L.F. Install Detail 39A $ 3.25 $ -
L.F. Install Detail 40 $ 2.25 $ -
EA Install "STOP" Pavement Marking (22 SF) $ 72.00 $ -
EA Install "SIGNAL" Pavement Marking (32 SF) $ 105.00 $ - EA Install "XX MPH" Pavement Marking (17 SF) $ 60.00 $ - EA Install "SCHOOL" Pavement Marking (35 SF) $ 115.00 $ - EA Install "AHEAD" Pavement Marking (31 SF) $ 100.00 $ - EA Install "YIELD" Pavement Marking (24 SF) $ 80.00 $ - EA Install Bike Lane Arrow and Symbol with Person(11 SF) $ 82.00 $ - EA Install "TYPE IV ARROW" Pavement Marking (15 SF) $ 50.00 $ - EA Install "TYPE VI ARROW" Pavement Marking (42 SF) $ 140.00 $ - EA Install "TYPE VII ARROW" Pavement Marking (27 SF) $ 90.00 $ - L.F. Install 12" Limit Line (Thermoplastic) $ 5.07 $ -
L.F. Install Curb Marking (2-Coat Paint) $ 3.75 $ -
L.F. Install 6" Thermoplastic White Stripe $ 3.05 $ -
L.F. Install 6" White Stripe (2-Coat Paint) $ 2.25 $ -
L.F. Install 12" Thermoplastic Crosswalk $ 6.07 $ -
L.F. Remove Detail 1 $ 3.50 $ -
L.F. Remove Detail 2 $ 3.50 $ -
L.F. Remove Detail 8 $ 3.50 $ -
DATE 5/15/2025
Project
PW Plan Number
Project

T R A F F I C I M P R O V E M E N T S
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304

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
SS____-________ / TS____-________

QUANTITY UNIT ITEM UNIT COST AMOUNT
L.F. Remove Detail 9 $ 3.50 $ -
L.F. Remove Detail 15 $ 4.00 $ -
L.F. Remove Detail 16 $ 4.00 $ -
L.F. Remove Detail 21 $ 4.00 $ -
L.F. Remove Detail 22 $ 4.00 $ -
L.F. Remove Detail 24 $ 3.50 $ -
L.F. Remove Detail 25 $ 3.50 $ -
L.F. Remove Detail 27B $ 3.50 $ -
L.F. Remove Detail 28 $ 4.50 $ -
L.F. Remove Detail 29 $ 4.50 $ -
L.F. Remove Detail 31 $ 4.50 $ -
L.F. Remove Detail 32 $ 4.50 $ -
L.F. Remove Detail 38 $ 4.00 $ -
L.F. Remove Detail 38A $ 4.00 $ -
L.F. Remove Detail 39 $ 3.75 $ -
L.F. Remove Detail 39A $ 3.75 $ -
L.F. Remove Detail 40 $ 3.50 $ -
EA Remove "STOP" Pavement Marking (22 SF) $ 100.00 $ -
EA Remove "SIGNAL" Pavement Marking (32 SF) $ 145.00 $ - EA Remove "XX MPH" Pavement Marking (17 SF) $ 83.00 $ - EA Remove "SCHOOL" Pavement Marking (35 SF) $ 159.00 $ - EA Remove "AHEAD" Pavement Marking (31 SF) $ 138.00 $ - EA Remove "YIELD" Pavement Marking (24 SF) $ 110.00 $ - EA Remove Bike Lane Arrow and Symbol with Person (11 SF) $ 113.00 $ - EA Remove "TYPE IV ARROW" Pavement Marking (15 SF) $ 69.00 $ - EA Remove "TYPE VI ARROW" Pavement Marking (42 SF) $ 193.00 $ - L.F. Remove 12" Limit Line (Thermoplastic) $ 6.99 $ -
L.F. Remove Curb Marking (2-Coat Paint) $ 5.18 $ -
L.F. Remove 6" Striping $ 4.83 $ -
L.F. Remove 12" Crosswalk Striping $ 6.99 $ -
LS Traffic Signal & Lighting - New Installation $ 350,000.00 $ - LS Traffic Signal & Lighting - Modification $ 200,000.00 $ - EA Type E - 6' Round Signal Loops $ 600.00 $ -
EA Type D - 6' Square Loops with bike detection zone $ 800.00 $ - EA Install Pull Box (#5) $ 500.00 $ -
EA Install Pull Box (#6) $ 700.00 $ -
$ -
L.F. 2" Conduit $ 25.00 $ -
L.F. 3" Conduit $ 46.00 $ -
L.F. 4" Conduit $ 66.00 $ -
L.F. 6 Strand Single Mode Fiber Optic Cable $ 4.00 $ -
L.F. 24 Strand Single Mode Fiber Optic Cable $ 4.00 $ - L.F. 12 Pair Interconnect Cable $ 5.00 $ -
EA Vcalm LED Speed Display Sign w/ Assembly $ 10,000.00 $ - Traffic Subtotal:
15% Contingency:

PW Plan Number
Traffic Subtotal with CPI Adjustment (6.16%): $6,568.65 $985.30
$6,187.50
T R A F F I C I M P R O V E M E N T S (cont.)
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305

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
TOTAL: $7,553.95
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306

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
DATE 5/15/2025
WAT____-________

QUANTITY UNIT ITEM
UNIT
COST
AMOUNT
L.F. 4" Waterline (D.I.P.) $ 38.00 $ -
L.F. 6" Waterline $ 43.00 $ -
L.F. 8" Waterline $ 53.00 $ -
L.F. 10" Waterline $ 69.00 $ -
L.F. 12" Waterline $ 84.00 $ -
L.F. 16" Waterline $ 127.00 $ -
L.F. 4" Gatevalve $ 800.00 $ -
L.F. 6" Gatevalve $ 1,000.00 $ -
1 L.F. 8" Gatevalve $ 1,200.00 $ 1,200.00
L.F. 10" Gatevalve $ 1,500.00 $ -
L.F. 12" Gatevalve $ 1,800.00 $ -
EA 16" Butterfly Valve $ 2,500.00 $ -
EA 24" Butterfly Valve $ 3,500.00 $ -
EA Fire Hydrants (4") $ 5,200.00 $ -
1 EA Fire Hydrants (6") $ 6,400.00 $ 6,400.00
EA 4" Misc. Fittings $ 180.00 $ -
EA 6" Misc. Fittings $ 220.00 $ -
EA 8" Misc. Fittings $ 270.00 $ -
EA 10" Misc. Fittings $ 320.00 $ -
EA 12" Misc. Fittings $ 380.00 $ -
EA Blowoffs $ 3,000.00 $ -
EA Relocation of Blowoff $ 2,000.00 $ -
2 EA Service Connections $ 800.00 $ 1,600.00
EA 1" Air Vacuum / Release Assembly $ 4,500.00 $ -
EA Install End Cap $ 900.00 $ -
EA Remove End Cap $ 400.00 $ -
EA Adjust Water Valve to Grade $ 250.00 $ -
1 EA 8" Fire Service Connections w/ DDC $ 8,500.00 $ 8,500.00 $ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
$ - $ -
Potable Water Subtotal:
15% Contingency:

TOTAL: $21,608.87

POTABLE WATER IMPROVEMENTS
$17,700.00
Project
PW Plan Number
Potable Water Subtotal with CPI Adjustment (6.16%): $18,790.32 $2,818.55
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307

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
DATE 5/15/2025
NP____-________

QUANTITY UNIT ITEM
UNIT
COST
AMOUNT
L.F. 4" Waterline (D.I.P.) $ 38.00 $ -
L.F. 6" Waterline $ 43.00 $ -
L.F. 8" Waterline $ 53.00 $ -
L.F. 10" Waterline $ 69.00 $ -
L.F. 12" Waterline $ 84.00 $ -
L.F. 16" Waterline $ 127.00 $ -
L.F. 4" Gatevalve $ 800.00 $ -
L.F. 6" Gatevalve $ 1,000.00 $ -
L.F. 8" Gatevalve $ 1,200.00 $ -
L.F. 10" Gatevalve $ 1,500.00 $ -
L.F. 12" Gatevalve $ 1,800.00 $ -
EA 16" Butterfly Valve $ 2,500.00 $ -
EA 24" Butterfly Valve $ 3,500.00 $ -
EA Fire Hydrants (4") $ 5,200.00 $ -
1 EA Fire Hydrants (6") $ 6,400.00 $ 6,400.00
EA 4" Misc. Fittings $ 180.00 $ -
EA 6" Misc. Fittings $ 220.00 $ -
EA 8" Misc. Fittings $ 270.00 $ -
EA 10" Misc. Fittings $ 320.00 $ -
EA 12" Misc. Fittings $ 380.00 $ -
EA Blowoffs $ 3,000.00 $ -
EA Relocation of Blowoff $ 2,000.00 $ -
EA Service Connections $ 800.00 $ -
EA 1" Air Vacuum / Release Assembly $ 4,500.00 $ -
EA Install End Cap $ 900.00 $ -
EA Remove End Cap $ 400.00 $ -
1 EA Adjust Water Valve to Grade $ 250.00 $ 250.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Non-Potable Water Subtotal:
15% Contingency: $1,058.95
Project
PW Plan Number

NON-POTABLE WATER IMPROVEMENTS
$6,650.00
Non-Potable Water Subtotal with CPI Adjustment (6.16%): $7,059.64 https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2022/225047 Bremco Construction Brown Strauss Steel Banning/Docs/Construction Security Worksheet RW FY24- 25 1.xlsx
308

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
TOTAL: $8,118.59
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309

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
LD24-0022 DATE 5/15/2025
SEW____-________

QUANTITY UNIT ITEM
UNIT
COST
AMOUNT
L.F. 4" V.C.P. $ 35.00 $ -
L.F. 6" V.C.P. $ 50.00 $ -
L.F. 8" V.C.P. $ 65.00 $ -
L.F. 10" V.C.P. $ 80.00 $ -
L.F. 12" V.C.P. $ 95.00 $ -
L.F. 15" V.C.P. $ 115.00 $ -
EA Standard Manholes $ 4,000.00 $ -
EA Drop Manholes $ 5,000.00 $ -
1 EA Cleanouts $ 1,000.00 $ 1,000.00
EA Sewer "Y"'s $ 1,500.00 $ -
EA Chimneys $ 3,500.00 $ -
3 EA Adjust manhole to grade $ 800.00 $ 2,400.00
L.F. Concrete Encasement $ 130.00 $ -
EA Remove Temporary End Plug $ 162.00 $ -
EA End Plug $ 250.00 $ -
1 EA 6" V.C.P. Sewer Lateral $ 3,500.00 $ 3,500.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Sewer Subtotal:

Sewer Subtotal with CPI Adjustment (6.16%):

Project
PW Plan Number
$7,325.04

SEWER IMPROVEMENTS
$6,900.00
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310

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
15% Contingency:

TOTAL:
$1,098.76
$8,423.80
https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2022/225047 Bremco Construction Brown Strauss Steel Banning/Docs/Construction Security Worksheet RW FY24- 25 1.xlsx
311

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
DATE 5/15/2025
ESC____-________

QUANTITY UNIT ITEM
UNIT
COST
AMOUNT
1 EA Concrete Washout (with disposal) $ 3,000.00 $ 3,000.00 CF Desilting Basin $ 1.30 $ -
LF Fiber Roll $ 12.00 $ -
500 EA Gravel Bags $ 6.00 $ 3,000.00
LF Hay Bale $ 7.60 $ -
SF Hydroseeding / Hydro Mulch (with Bonded Fiber matrix) $ 0.15 $ - SF Hydroseeding / Hydro Mulch (without Bonded Fiber matrix) $ 0.10 $ - SF Plastic Liner (visqueen) $ 0.30 $ -
LF Silt Fence (non-reinforced) $ 7.50 $ -
1,400 LF Silt Fence (reinforced) $ 10.00 $ 14,000.00
1 EA Stabilized Construction Entrance (with plates) $ 3,390.00 $ 3,390.00 EA Stabilized Construction Entrance (without plates) $ 2,400.00 $ - SF Straw / Coconut Fiber Mat $ 0.28 $ -
SF Pyromat $ 1.00 $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Erosion and Sediment Control Subtotal:

ESC Subtotal with CPI Adjustment (6.16%):
15% Contingency: $3,724.62

EROSION AND SEDIMENT CONTROL
$23,390.00
Project
PW Plan Number
$24,830.82
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312

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
TOTAL: $28,555.45
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313

PUBLIC WORKS DEPARTMENT - CONSTRUCTION SECURITY WORKSHEET

RIGHT OF WAY IMPROVEMENTS
(Updated As Of July 1, 2022)
DATE 5/15/2025
LS____-________

QUANTITY UNIT ITEM
UNIT
COST
AMOUNT
SF Soil preparation and fine grading $ 0.30 $ -
SF Soil testing $ 0.50 $ -
SF 3" min depth of mulch $ 0.30 $ -
EA 5 gallon shrub $ 55.00 $ -
EA 1 gallon shrub $ 20.00 $ -
EA 24" boxed tree $ 350.00 $ -
EA Root barrier at all trees(plastic panels / 24" depth / 10' length x2) $ 75.00 $ - EA Reclaimed water sign $ 20.00 $ -
EA Controller (Calsense with communication) $ 8,000.00 $ - EA Water meter (1" meter, RP device, enclosure) $ 7,500.00 $ - SF Automatic irrigation system (drip system, tree bubblers, etc.) $ 3.00 $ - SF 30- Day plant establishment period $ 0.35 $ -
SF 90- Day landscape maintenance period $ 1.05 $ -
EA Parkway Street Trees $ 500.00 $ -
L.S. Parkway Landscaping and Irrigation $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Landscape Subtotal:
15% Contingency:

TOTAL:
$0.00
$0.00
$0.00

M E D I A N / P A R K W A Y S O F T S C A P E
Project
PW Plan Number
Landscape Subtotal with CPI Adjustment (6.16%): $0.00
Unit Costs Updated On 5/15/2025 https://jebonadiman.sharepoint.com/sites/DocumentCenter/JOBS/2022/225047 Bremco Construction Brown Strauss Steel Banning/Docs/Construction Security Worksheet RW FY24-25 1.xlsx 314 RESOLUTION 2024- 112

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT ( GPA 23- 2502) TO CHANGE THE EXISTING LAND USE DESIGNATION OF PARCEL NUMBER 540- 180- 022 FROM GENERAL COMMERCIAL ( GC) TO INDUSTRIAL ( I); ZONE CHANGE ( ZC 23-3502) TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF PARCEL NUMBER 540- 180- 022 FROM GENERAL COMMERCIAL ( GC) TO INDUSTRIAL ( I); TENTATIVE PARCEL MAP ( TPM 38659) TO CONSOLIDATE THREE PARCELS INTO ONE; AND DESIGN REVIEW ( DR 23- 7008) FOR THE

NEW CONSTRUCTION AND OPERATION OF A STEEL DISTRIBUTION FACILITY WITH A 42, 510 SQUARE- FOOT WAREHOUSE BUILDING, OF WHICH 3,434 SQUARE FEET IS DESIGNATED FOR OFFICE SPACE, ON 14. 92 GROSS ACRES OF LAND LOCATED ON THE NORTH SIDE OF WEST LINCOLN STREET BETWEEN SOUTH 8TH STREET AND SOUTH 16TH STREET ( APN NOS. 540- 180- 020, 540- 180- 022 AND 540- 180- 026); AND ADOPTING MITIGATED NEGATIVE DECLARATION ( EA 23- 1506) FOR THE PROJECT WHEREAS, an application for General Plan Amendment ( GPA) 23- 2502, Zone Change ZC) 23- 3502, Tentative Parcel Map ( TPM) 23- 4002 ( a.k.a. TPM 38659), and Design Review ( DR) 23- 7008 ( collectively, the " Project"), a proposal to amend the existing land use designation on one parcel of land from General Commercial ( GC) to Industrial ( I), amending the Zoning District classification from General Commercial ( GC) to Industrial ( I), for a 4.3-acre parcel of land located on the north side of Lincoln Street between 8th Street and 16th Street ( APN: 540- 180- 022) to allow for the construction and operation of a steel distribution facility with a 42, 510 square- foot warehouse building of which 3,434 square feet is designated for office space on 14.92 gross acres of land; and,
WHEREAS, the Planning Commission is authorized under Chapter 17.44 of the Banning Municipal Code (" BMC") to approve proposed Design Review 23- 7008, unless pursuant to Section 17. 44. 020 multiple applications have been filed that require approval by the City Council, in which case the Planning Commission shall make a recommendation to the City Council to allow for the construction and operation of a steel distribution facility with a 42, 510 square- foot ware. house building of which 3,434 square feet is designated for office space on 14. 92 gross acres of land within the Industrial Zoning and General Commercial ( GC) zoning districts ( the " Project"); and
WHEREAS, pursuant to Section 17. 04. 060. C. of the BMC, the Planning Commission has the authority to review and make recommendations to the City Council concerning GPA 23- 2502, ZC 23- 3502, and EA 23- 1506; and
WHEREAS, the Planning Commission is authorized under Chapter 16.14 of the Banning Municipal Code (" BMC") to make a recommendation to the City Council regarding proposed Tentative Parcel Map 38659 ( TPM 23- 4002) to allow for the merging of three parcels totaling approximately 14. 92 acres within the Industrial Zoning and General Commercial zoning districts the " Project"); and
WHEREAS, pursuant to the California Environmental Quality Act ( CEQA) and State CEQA Guidelines Sections 15064( f)(2) and 15070, the proposal constitutes a project as defined by CEQA and Community Development Department staff has determined, on the basis of the Initial Study, that the Project will not have a significant effect on the environment with implementation of recommended mitigation measures; and
Resolution 2024- 112