Banning City Council
August 26, 2025

kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 July 9, 2025
Art Vela, PE
City of Banning
Department of Public Works
99 E. Ramsey Street
Banning, CA 92220
CC: Shah Nawaz, PE
Re: Amendment 1 - Environmental Compliance Services for the Wastewater Treatment Plant Upgrades Dear Mr. Art Vela:

This is Amendment Number 1 dated July 9, 2025, to the agreement between the City of Banning ("Client") and Kimley-Horn and Associates, Inc. ("Consultant") dated May 14, 2024 (“the Agreement") concerning the Wastewater Treatment Plant and Recycled Water Upgrades (the "Project").

The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement.

The Agreement is amended to include services to be performed by Consultant for compensation as set forth below in accordance with the terms of the Agreement, which are incorporated by reference.

Introduction
This Change Order is required to complete the expanded scope of work regarding up to an additional 38 acres of disturbance that is now understood to be required. Specifically, this Amendment includes the scope and fee for revisions to environmental compliance texts and technical studies.

Scope of Services
The services currently authorized to be performed by Consultant in accordance with the Agreement and any previous amendments, shall be modified as follows:

Task 1 – Project Management and Coordination
Task 1.2 – Project Management and Coordination– ADDITIONAL BUDGET Following the expansion of the Project site by up to an additional 38 acres, Kimley-Horn will provide Project Management and Coordination services pertaining to coordination among the City and necessary consultants. This task previously assumed that the Project would continue for approximately 12 months. It has been 18 months since the execution of the Agreement. As a result, an additional budget will be required for this task to allow for continued project management and coordination by Kimley-Horn. To allow for additional management and coordination among involved parties an additional 60 hours of budget will be required.

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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 Task 2 – Project Description
Task 2.1 – Project Description – ADDITIONAL BUDGET
The Project Description is a critical component because it is the basis for the environmental analysis. Based on information provided by the City, Kimley-Horn prepared a Draft Project Description which was approved through City review. As the Project Description and the Project Description of each technical report will require revision due to the addition of up to 38 acres of Project impacts and new infrastructure and facilities.

Task 3 – Technical Studies and Assessment
Regarding Task 3.1 through 3.4, the Agreement for Professional Services (C01009) for WWTP Environmental Compliance Services by and Between City of Banning and Kimley-Horn and Associates, Inc. “assumes the baseline conditions, project description, and approach will not change once Client issues the Authorization to Proceed.” As the baseline conditions, project description, and approach have changed, Task 3 is insufficient to perform the required effort.

Kimley-Horn prepared technical analyses in February 2025 for the Banning Wastewater Treatment Plant (WWTP) project evaluating WWTP improvements on approximately 16 acres. Since then, the project has been updated to propose drying ponds for reverse osmosis (RO) reject processing on up to an additional 38 acres (referred to as current project throughout this scope). The current project is anticipated to include additional earthwork and construction activities, as well as additional equipment (e.g., pumps) and potential biosolid waste hauling activities during operations.

Task 3.1 – Air Quality Assessment – ADDITIONAL BUDGET
As the footprint of the Project has expanded, additional services regarding Task 3.1 will be required. Kimley-Horn will provide updates to the Air Quality Assessment including revising the construction and operational emissions modeling to reflect the current Project. The Air Quality Assessment report will be updated to incorporate the latest emissions, modeling, and analysis.

Task 3.2 – Greenhouse Gas Emissions Analysis – ADDITIONAL BUDGET To account for direct and indirect emissions generated from the expanded Project footprint, additional revisions will be required to the Greenhouse Gas Emissions Analysis. Mobile source calculations will require revision to account for additional construction activities and an expanded operational footprint. The updates to the Greenhouse Gas Emissions analysis involve revising the construction and operational emissions modeling to reflect the current project. The Greenhouse Gas Emissions analysis report will be updated accordingly.

Task 3.3 – Noise and Vibration Analysis – ADDITIONAL BUDGET Kimley-Horn has prepared the Noise Analysis which has quantified both construction and operational noise levels.

The analysis has examined whether the Project noise would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of applicable standards. The Noise Analysis must be revised to account for additional construction noise, operational noise, and vibration associated with the expanded project footprint. The updates to the Noise analysis involve revising the construction and operational noise modeling to represent the current project. Kimley-Horn will update the Noise and Vibration Analysis accordingly.

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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 Task 3.4 – Energy Analysis – ADDITIONAL BUDGET
Kimley-Horn will analyze the energy implications of the project pursuant to Public Resources Code Section 38100(b)(3) and Appendix F of the CEQA Guidelines. The analysis will describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. The analysis will evaluate energy consumption associated with short-term construction activities, long-term operations, and transportation-related energy during construction and operation. Kimley-Horn will provide analysis on the effects of the Project on local and regional energy supplies and on requirements for additional capacity will also be qualitatively analyzed.

Task 3.5 – Cultural Resources Assessment – ADDITIONAL BUDGET Kimley-Horn will prepare a Cultural Resources Assessment that will comply with requirements set forth in CEQA, NEPA, and Section 106 of the National Historic Preservation Act (“NHPA”). For the purposes of this scope, the Project area will be noted as the Area of Potential Effect (“APE”). All efforts will be undertaken or overseen by individuals that meet Secretary of Interior (“SOI”) Professional Qualifications in Archaeology and Architectural History. Kimley-Horn will incorporate additional records findings, letter responses, and findings into an updated Cultural Resources Assessment.

Task 3.6 – Western Riverside County MSHCP Habitat Assessment Report – ADDITIONAL BUDGET Kimley-Horn, in conjunction with Blackhawk Environmental (“Biologist” or “Blackhawk”), will prepare a Western Riverside Multiple Specific Habitat Conservation Plan (“MSHCP”) Habitat Assessment Report. The following scope of work would be performed:

Blackhawk Environmental will perform a habitat suitability assessment for MSHCP-covered, State and/or Federalthreatened, endangered and/or otherwise special-status plant and wildlife species within the proposed impact areas and adjacent areas. All riparian/riverine areas, vernal pools, and/or other special-status species’ suitable habitat(s) identified on the Project Site will be delineated and described/depicted in the Habitat Assessment Report (HAR).

Prior to conducting the field surveys, Blackhawk Environmental will conduct a database query and literature review that will include, but not necessarily be limited to a current MSHCP database review for the subject Assessor’s Parcel Numbers (APNs), California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) Rare Plant Inventory search for records of sensitive biological resources in the Project vicinity (within 5 miles), the United States Department of Agriculture (USDA) Web Soil Mapper, United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI), United States Geological Survey 3D Hydrography Dataset (3DHD), and any other previous reports prepared for the Project Site or nearby project sites, if provided to Blackhawk Environmental. One Geographic Information System (GIS) analyst will be utilized in addition to Blackhawk Environmental biologists. The GIS analyst will prepare a table of the results and a map of sensitive resources in the Project vicinity; these will ultimately be incorporated in the HAR.

Following the database query and literature review, a field survey will be conducted by qualified biologists. The general methodology of the field survey is to visually confirm the presence or absence of special-status species habitats, suitable burrowing owl habitat, vernal pools, potentially jurisdictional waters, and/or riparian/riverine habitat, on the Project Site. Habitats will be characterized based on dominant plant species coverage, existing conditions, evidence of alteration/disturbance and other variables, and are then cross-referenced with the habitat requirements for the environmental elements that resulted from the database query and literature review. Vegetation communities will be mapped according to species compositions, dominance levels, and locations on the project site. Potentially riverine/riparian habitats, jurisdictional waters, and/or vernal pools will be assessed and generally described; a formal delineation is not included in a habitat assessment. Observed and/or detected plant and wildlife species and/or wildlife sign will be documented in the field notes of the biologist(s), and representative photographs will be collected and included in the HAR.

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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 The habitat assessment would determine the presence of suitable burrowing owl (BUOW) habitat on site (Step 1 of the MSHCP Guidelines) and the presence of suitable nesting substrate (Step 2 Part A of the MSHCP Guidelines).

Blackhawk Environmental biologists will conduct one survey pass of a focused BUOW burrow survey throughout the Project Site (= impact areas) and within a 150-meter buffer around the site, according to protocol (Step 2, Part A of the MSHCP Guidelines). Surveys will be walked utilizing approximately 30- or 100–foot belt transects, depending on the density of vegetation, to provide 100% visual coverage. The focus of the survey is to identify BUOW, BUOW burrows, and/or BUOW sign (i.e., whitewash, cough pellets, feathers). Evidence of BUOW within the Project Site will be documented with digital photographs, GPS coordinates, and aerial/topographic map representation.

The habitat assessment would also include a focused habitat assessment for Los Angeles pocket mouse (LAPM), conducted by a biologist who possesses a Memorandum of Understanding (MOU) for this species from the California Department of Fish and Game (CDFG). The project area will be systematically surveyed on foot to determine the presence and map the distribution of any suitable habitat for the Los Angeles pocket mouse within the project boundaries. Suitable habitat for the LAPM includes Riversidean sage scrub, coastal sage scrub, Riversidean alluvial fan sage scrub, desert scrub, chaparral, grassland, and playas and vernal pools on sandy soils, typically found within or adjacent to, but not limited, sandy washes or areas of windblown sand. Because diagnostic surface sign of this species (e.g., burrows, scat, tracks, etc.) is difficult to detect and attribute specifically to the LAPM, the absence of such sign is not evidence of absence. Suitable habitat areas will be identified and mapped.

At the completion of this task, the qualified biologist will advise if a trapping program is needed to confirm the presence/absence of the LAPM in the project area (Optional Task 4).

Following completion of the habitat assessment and/or all focused BUOW burrow surveys and LAPM surveys (detailed in Optional Tasks 2 and 4), Blackhawk Environmental shall complete an HAR according to the Western Riverside County MSHCP implementation guidelines. The HAR will include a discussion of methods included in the assessment, results, anticipated Project impacts as they result to the MSHCP, applicable fee areas and conservation areas. The HAR would include Project-specific mapping of all vegetation communities and biological resources otherwise relevant to the California Environmental Quality Act (CEQA) review of potentially significant Project-related impacts. The HAR would include analysis of the Project’s consistency with Sections 6.1.2, 6.1.3,

6.1.4, and 6.3.2 of the MSHCP. This task assumes up to one round of consensus comments and revisions prior to submittal of the final HAR. This task also assumes up to two (2) one-hour meetings with Kimley-Horn and/or the City of Banning.

This task does not include focused/protocol-level threatened and endangered species surveys, rare plant surveys, geotechnical surveys, soil analysis, cultural/archeological/ paleontological analyses, or any other survey or reporting beyond this intended baseline plant and wildlife survey, vegetation mapping, and special-status species analysis, and Step 1 of the MSHCP Guidelines for BUOW.

The field survey will only be performed within the boundaries of the Project site (= impact areas) and an appropriate survey buffer (up to 100 feet).

The Project area footprint boundaries GIS shapefiles or KMZ files will be provided to Blackhawk Environmental for field data collection purposes. The files will be complete, showing the limits of all proposed operations and Projectrelated activities, as well as any ingress/egress routes, and additional workspace areas. Such files are necessary to calculate impacts. All proposed impact areas shall be made clear to Blackhawk before conducting any biological or aquatic resources analyses.

The Project proponent will provide Blackhawk Environmental all CAD/GIS files required to depict the Project features on the biological resource impact analysis map(s). The files will be clean and easy to decipher without significant time (greater than 4 hours) spent by a GIS analyst to overlay on the biological resource map(s). Additional time for CAD/GIS work will be charged on a time and materials basis of $120/hour.

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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 Task 3.7 – MAT Engineering – Trip Generation Memorandum and VMT Screening – ADDITIONAL BUDGET Kimley-Horn, in conjunction with MAT Engineering, Inc., will prepare a scoping agreement, trip generation memorandum, and a vehicle miles traveled (“VMT”) screening analysis. The Trip Generation Memorandum and VMT Screening memorandum will provide updates to account for additional trips generated from construction and operation of the expanded Project footprint.

Task 4 – Initial Study/ Mitigated Negative Declaration
Task 4.1 – Administrative Draft IS/MND– ADDITIONAL BUDGET Once the Project Description has been approved by the City (Task 2.1), it will be integrated into the CEQA document. Kimley-Horn will update an Administrative Draft Initial Study in accordance with the State CEQA Guidelines Appendix G, and will describe the Project’s location, environmental setting/baseline conditions, and characteristics. The IS’ main body will consist of an environmental checklist and the supporting environmental analyses. An explanation will be provided for all responses except “No Impact” responses, which will be supported by cited information sources. The responses will consider the whole action involved with the Project: on- and offsite, Project- and cumulative-level, direct and indirect, and short-term construction and long-term operational, including for the additional 38 acres of Project footprint. The explanation of each issue will also identify the significance criteria or threshold, if any, used to evaluate each question.

Task 4.2 – Alternatives Analysis – ADDITIONAL BUDGET
Kimley-Horn will identify a maximum of 3 reasonable alternatives, including the “No Project/No Action” alternative for the City’s review and approval. Kimley-Horn will complete a comparative analysis among the selected alternatives that evaluates the direct, indirect, and cumulative impacts on environmental resources, as well as potential reasonable future environmental impacts, if applicable. To account for revisions to the Project Description and Administrative Draft IS/MND regarding the additional 38 acres of impacted area, alterations to the alternatives analysis are required. This Alternatives Analysis will be included in the IS/MND prepared for the Project. As the Project description has changed, the alternatives to the project will also change.

Optional Tasks – NEW TASKS
Optional Task 1 – Aquatic Resources Delineation Survey and Report Kimley-Horn, in conjunction with Blackhawk Environmental, will complete the following scope of work:

If potentially jurisdictional aquatic features are found on the Project site (= impact areas) during the general biological/aquatic resources field survey, then a field-based aquatic resources delineation survey will be conducted by two biologists/wetland scientists in one field day. Subtasks to be included are: a literature review for aquatic resources in the Project vicinity [including the National Wetlands Inventory (NWI), National Hydrography Dataset (NHD), United States Department of Agriculture (USDA) Web Soil Mapper, United States Geological Survey (USGS) topographic maps, current and historic aerial imagery], ESRI ArcGIS Collector database setup for fieldbased data collection purposes, vegetation mapping of the entire delineation survey area, a characterization of the existing conditions and vegetation communities (based on dominant and sub-dominant plant species present), representative photographs, photo log of the entire delineated area, and a formal aquatic resources delineation survey following current US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish & Wildlife (CDFW) protocols and guidelines. The delineation survey area will include the Project site (= impact areas), plus a 100-foot buffer surrounding the polygon(s).

Vegetation communities will be mapped and quantified within and adjacent to the impact areas to the 100-foot buffer; the vegetation mapping will be used to complement the Aquatic Resources Delineation Report (ARDR). The biologists/wetland scientists will assess the Project site and its 100-foot buffer for potentially jurisdictional waters of the US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and/or the California Department of Fish & Wildlife (CDFW). One aquatic resources delineation survey will be conducted to identify potentially jurisdictional waters and/or wetland locations observed within the Project site and its 100-foot buffer. If Attachment "1" A - 5
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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 potentially jurisdictional waters and/or wetlands are identified, further survey efforts will be required and will follow methodology outlined in the USACE Wetland Delineation Manual (USACE 1987) and the Arid West Supplement (USACE 2008), the Minimum Standards for Acceptance of Aquatic Resources Delineation Reports (USACE, March 16, 2017) and the Updated Map and Drawing Standards for the South Pacific Division Regulatory Program (USACE, February 10, 2016), with jurisdictional results reflective of the most current legislation. All vegetation types within the delineation survey area and soil sampling pits will be analyzed using dominant species wetland indicator status (USDA 2018). Suspected non-wetland jurisdictional areas will be evaluated for the presence of definable channels, ordinary high-water mark (OHWM), and connectivity to a Traditionally Navigable Waterway (TNW) or a Relatively Permanent Waterway (RPW). Blackhawk assumes that up to 8 wetland/paired upland soil pits will be dug within the Project site and/or its 100-foot buffer, each of which will have its own USACE Arid West Wetland Determination Data Form. At least one pit will be dug for all mapped vegetation communities, except impermeable surfaces.

If such resources are found, Blackhawk Environmental shall complete a formal Aquatic Resources Delineation Report (ARDR) to address evaluation required by the applicable agencies (USACE, RWQCB and CDFW). This report will determine if the Project requires permit authorization from USACE, RWQCB, and CDFW for proposed impacts to Waters of the U.S., Waters of the State, streambeds, wetlands and/or riparian habitats. The Aquatic Resources Delineation Report will be conducted to meet the Minimum Standards for Acceptance of Aquatic Resources Delineation Reports (USACE, March 16, 2017) and the Updated Map and Drawing Standards for the South Pacific Division Regulatory Program (USACE, February 10, 2016). Collected data and aquatic resources delineation needs will include each applicable component as follows:

For the ARDR, These Items Shall be Supplied by the Project Owner:
• contact information for the applicant(s), property owner(s), and agent(s). • a signed statement from the property owner(s) allowing Corps personnel to enter the property and collect samples during normal business hours.
• complete description of the overall activity or project. • dimensions of proposed structures/fills to be constructed in waters of the United States and material(s) to be used in construction.
• complete description of other reasonably related activities to be undertaken as a result of project (such as fill or borrow sites).
• approximate project construction commencement and completion dates. • reason for discharge - for projects involving discharge of dredged and/or fill material, including the temporary placement of material into waters of the United States, explanation of the purpose for the placement of all fill, type(s) of material to be discharged (rock, sand, gravel, soil, poured-in-place concrete, dredged material, etc.).
• amount of each type of material to be discharged in cubic yards. • source(s) of material(s) to be discharged.
• area in acres or square feet of wetland waters of the United States to be filled. • area in acres and lineal feet of other waters (non-wetland waters of the United States) to be filled. • methods and equipment to be used to discharge material (e.g., backhoe, dragline, etc.) • for dredged material discharged at an upland site, identification of upland site location and means by which runoff from such dredged material is to be contained and precluded from entering a waterbody. • detailed half-size or full-size engineering drawings of the overall project or of specific components of the project occurring in waters of the United States.
• defined project boundary on plan drawings.
• selected sections indicated on plan view drawings (e.g., “A-A’”), depicting typical areas of proposed fill, excavation, or dredging, including proposed side slopes; and structures to be constructed in jurisdictional waters of the U.S.
• sufficient linear dimensions depicted to calculate proposed volume and area quantities, based on both plan and cross-section views.
• sufficient linear dimensions depicted to characterize the size and area of proposed structures, based on both plan and cross-section views.

For the ARDR, These Items Shall be Supplied by Blackhawk:
• a statement confirming the delineation was conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual and applicable Arid West regional supplement.

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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 • a statement confirming the use of the ordinary high-water mark (OHWM) field guide, or that it is not applicable in this case.
• a narrative describing all aquatic resources on-site and an explanation of the mapped boundaries and any complex transition zones.
• the rationale used to decide on the inclusion or exclusion of any aquatic resources which meet one or two of the three wetland criteria or do not exhibit a clear OWHM. • a description of any erosional features, upland swales, ditches, and other potential aquatic features that were considered but not included in the delineation.
• map of the outside survey boundary (100-foot buffer around the Project footprint), total extent of aquatic and proposed non-aquatic feature(s), type of feature(s) (e.g., Waters of the United States, Waters of the State and/or wetlands), and total acreage for each polygon. • date(s) field work was completed.
• a table listing all aquatic resources. The table must include the name of each aquatic resource (its actual or arbitrary name), its Cowardin type (see 1987 Delineation Manual), its areal extent (acreage), summary of OHWM/wetland indicators used, dominant vegetation for each, and location (latitude/longitude in decimal degrees). For linear aquatic features, the table must show both acreage and linear feet as well as channel measurements (active channel width).
• a description of existing field conditions, including current land use, normal conditions, flood/drought conditions (if occurring), irrigation practices, past or recent manipulation to the site, and characteristics considered atypical.
• WETS tables of pre-site visit precipitation data.
• a discussion of the hydrology at the site, including all known surface or subsurface sources, drainage gradients, downstream connections to the nearest traditional navigable waterway or interstate water and any influences from man-made water sources such as irrigation. • description of if/how remote sensing was used in the delineation and include the name, date, and source of the tools and data used and copies of the maps/photographs. • soil descriptions, soil maps, soil photos, and a discussion of any hydric soils. • a copy of the completed ORM Bulk Upload Aquatic Resource or Consolidate Excel spreadsheet. • map(s) of all delineated aquatic resources.
• completed OHWM datasheet(s).
• completed wetland delineation datasheet(s).
• a description of the methods used to survey the aquatic resource boundaries, including the level of accuracy of any GPS data used.
• all digital data for the site, aquatic resource boundaries, and data point locations in the form of either ESRI shapefiles/geodatabase format or Google Earth KMZ or KML files. • all metadata file for all GIS files.
• numbered and dated pre-project color photographs showing a representative sample of waters proposed to be impacted on the project site, and all waters proposed to be avoided on and immediately adjacent to the project site. The compass angle and position of each photograph are to be shown on the plan-view drawing or aerial photograph (e.g., using the Theodolite application on a smartphone). • one or more vicinity maps is to be submitted, at least one of which must use a USGS 7.5- minute quadrangle sheet as its base map with the project study boundary clearly outlined and the quadrangle name included on the map.
o on the maps, label the affected waterbody [river, creek, stream, lake, pond, wetland) and river mile, if known] and/or the nearest waterbody into which the affected waterbody discharges. o on the maps, a legend for any relevant items shown (e.g., wetlands and/or other water types). o maps are to show project area to be filled, dredged, or excavated in jurisdictional waters of the U.S. o maps are to show the location of existing shoreline or bank. o maps are to show locations and elevations of all proposed fills, structures, and/or limits of work within and adjacent to potential waters of the U.S., including wetlands. o maps are to show locations and dimensions of project-related cofferdams, borrow areas, disposal areas, stockpiling areas, and equipment staging areas.
o maps shall annotate all fills, structures, and/or limits of work as either permanent or temporary. o if applicable, maps may show the distance between proposed structures and any existing structures.
o if applicable, maps may show the distance between the project area and any federal navigation Attachment "1" A - 7
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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 channel or other federal projects.
o plan view drawings and profiles/cross sections depicting the elevation of applicable waterlines. o In non-tidal rivers, creeks, streams, and ponds: ordinary high water (OHW). o In tidal and non-tidal waters: lateral extent of wetland boundary. o maps shall indicate the location of photo points.

Optional Task 2 – Focused Burrowing Owl Surveys and Report If Task 3.6 determines that the survey area and/or buffer contains BUOW, BUOW-suitable burrows, and/or BUOW sign, additional surveys will be required. If additional surveys are required, an additional three (3) focused BUOW surveys will be conducted on separate days, at least one week apart from one another, and during the BUOW breeding season (March 1 through August 31), for a total of four (4) survey days (including the initial habitat assessment and burrow survey included in Task 1). The surveys will be conducted by four Blackhawk Environmental biologists within the Project site plus a 150-meter buffer, where accessible. According to Riverside County and California Department of Fish and Wildlife (CDFW) protocol survey guidelines for BUOW, the surveys may not be conducted during rain, high winds (>20mph), dense fog, or temperatures over 90 degrees Fahrenheit.

Surveys would also be timed to occur from pre-dawn to two hours after sunrise, or from two hours before sunset until civil twilight. Blackhawk Environmental will not be responsible for delays due to these environmental constraints.

Following completion of four survey passes for BUOW, Blackhawk Environmental will describe the results of the focused burrowing owl surveys in a Focused Burrowing Owl Survey Report and summarize the findings in the HAR.

The Focused Burrowing Owl Survey Report would be prepared describing BUOW survey methodology, transect width, duration, conditions, and results of the surveys. Appropriate maps showing burrow/owl/owl sign locations shall be included. The report will include representative photos of the Project site, suitable habitat observed, and any observed BUOW or sign as feasible. This task assumes up to one round of consensus comments and revisions prior to submittal of the final report. If BUOW and BUOW sign are not detected, no further BUOW surveys should be required until 30 days prior to ground disturbing activities.

If surveys are required outside of the breeding season (September - February), Blackhawk Environmental will be available to provide additional coordination with the City/County for approval of non–breeding season survey results.

This task assumes minimal coordination with the City/County for approved survey methods and does not include formal consultation or modification of methods from those described above.

This task does not include consultation with CDFW or the Riverside County Environmental Program’s Department (EPD), in the event a BUOW or active BUOW burrow is found on the site. If BUOW are located on the site, CDFW will need to be contacted for mitigation and/or monitoring methods regarding this species as a separate cost.

Optional Task 3 – Focused Rare Plant Survey
If the MSHCP database query and/or the field survey/assessment yields suitable habitat for regionally or locally occurring special-status plant species, then focused rare plant surveys will likely become required on the Project Site. Based on a review of aerial imagery, it appears that suitable habitat may be present for one or more specialstatus plant species, though there could be suitable habitat present for other special-status plant species as well. It is assumed that one focused rare plant survey will need to occur to accommodate the estimated bloom periods (e.g., April through June) and ascertain presence/absence.

One survey pass conducted concurrently by two botanists, plus botanical/biological follow-up identification and QA/QC and GIS support, is anticipated to fully complete Task 4 prior to report preparation for the HAR reporting component. Onsite vegetation communities will be mapped following the Holland Classification System (1986) or other regionally acceptable system, and all plant species nomenclature will follow that of the Jepson Manual (2012).

Surveys are typically based on bloom periods and therefore would likely occur in the spring months. The rare plant survey will involve the 100% visual inspection and identification of all plant species within and immediately adjacent to the Project footprint (= impact areas). The survey will be accomplished by the botanical team walking transects 5 to 15 meters apart, depending on topography, vegetative cover, visibility, and access parameters, in such a way to allow the botanists the maximum potential to detect any special-status plant species yielded by the literature Attachment "1" A - 8
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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 review. All plant species observed or detected, will be identified to species or subspecies level and recorded in the field notes of the botanists to provide a complete floral compendium that will be included in the HAR. Survey methods, results and impact analysis will also be included in the HAR. GPS coordinates and approximate population counts will be collected for all special-status plant species found within the Project footprint up to 30 feet beyond proposed impact area boundaries. Digital photographs will be collected in sufficient quantity to capture the existing conditions of the site as well as any notable botanical resources.

Optional Task 4 – Los Angeles Pocket Mouse Surveys and Report If the habitat assessment (Task 3.6) yields suitable habitat (e.g., Riversidean sage scrub, coastal sage scrub, Riversidean alluvial fan scrub, desert scrub, chaparral, grassland, and playas and vernal pools on sandy soils) for LAPM, then focused LAPM live-trapping surveys will be required. Live trapping surveys will be conducted by a qualified biologist with a MOU with CDFG for this species, between May 1 and September 15. The trapping will be conducted over five (5) consecutive nights if no LAPM are captured, using approximately 150 traps per night. The trapping program will be terminated if an LAPM is trapped prior to the fifth night. Traps will be placed in lines 15 meters apart across the entire Project area and checked at least twice per night, once near midnight and again at sunrise. All surveys will be conducted using 12” and 9” Sherman live traps. Ass species captured will be identified, sexed, aged, measured, weighed, and mapped. Trapping will be conducted under mild weather conditions, with minimum temperatures greater than 50 degrees Fahrenheit and atmospheric conditions relatively dry and calm.

Blackhawk Environmental will not be responsible for delays due to these environmental constraints. Following the live-trapping surveys, Blackhawk will submit a trapping report and associated information to CDFW.

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kimley-horn.com 3801 University Avenue, Suite 300, Riverside, CA 92501 951-543-9868 Fee and Expenses
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.

TASK TASK NAME FEE
1 Project Management and Coordination

1.2 Project Management and Coordination $ 14,000 HR, NTE 2 Project Description

2.1 Project Description $ 2,000 LS
3 Technical Studies and Assessments

3.1 Air Quality Assessment $ 8,100 LS

3.2 Greenhouse Gas Emissions Analysis $ 3,900 LS

3.3 Noise and Vibration Analysis $ 7,800 LS

3.4 Energy Analysis $ 3,800 LS

3.5 Cultural Resources Assessment $ 4,000 LS

3.6 Western Riverside County MSHCP Habitat Assessment Report (See Other Direct Costs Below) $ -

3.7 MAT Engineering – Trip Generation Memorandum and VMT Screening (See Other Direct Costs Below) $ -
4 Initial Study/ Mitigated Negative Declaration

4.1 Administrative Draft IS/MND $ 8,000 LS

4.2 Alternatives Analysis $ 3,000 LS

OTHER DIRECT COSTS
Blackhawk Environmental (Task 3.6) $ 13,950 LS
MAT Engineering (Task 3.7) $ 750 LS
AM#1 Total $ 69,300
Agreement Total $ 192,892
AM#1 Total $ 69,300
New Total w/o Optional Tasks $ 262,192
OPTIONAL TASKS – ALL DIRECT COSTS

TASK OPTIONAL TASK NAME FEE
1 Aquatic Resources Delineation Survey and Report $ 8,149 LS 2 Focused Burrowing Owl Surveys and Report $ 19,230 LS
3 Focused Rare Plant Survey and Report $ 7,499 LS
4 Los Angeles Pocket Mouse Survey and Report $ 8,750 LS Optional Task Total $ 43,628
Agreement Total $ 192,892
AM#1 Total with Optional Tasks $ 112,928
New Total with Optional Tasks $ 305,820
Attachment "1" A - 10
1405

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Acting City Manager
PREPARED BY: Stephanie Sirls, Transit Manager
Art Vela, Acting City Manager
MEETING DATE: August 26, 2025
SUBJECT: Consideration of Resolution 2025-120, Authorizing the Purchase of One Electric Van and Two Cutaway Buses for Dial-A-Ride for a Not-to-Exceed Purchase Amount of $561,179.99
RECOMMENDATION:

Adopt Resolution 2025-120
BACKGROUND:

The City of Banning, under the management of the Department of Public Works, owns and operates the Banning Connect Transit System which includes the operation of Fixed-Route services that serve between Banning and Cabazon. Additionally, the Dial-A-Ride division offers curb-to-curb transit services to elderly and disabled citizens residing within the City of Banning.

In support of City operations, and to maintain safe and reliable transit services, staff are seeking authority to purchase two transit buses, one electric transit van as several existing fleet vehicles have exceeded their useful service life, resulting in frequent repairs, higher maintenance costs, and reduced reliability.

Through the City’s participation in the California Air Resources Board (CARB) Advanced Technology Pilot Program (ATPP) Grant, one of the three vehicle purchases will qualify for up to a 50% reimbursement. The purpose of the grant is to allow the Western Riverside Council of Governments (WRCOG) to support the deployment of zero-emission vehicles and infrastructure throughout Western Riverside County, to include the City of Banning. Participation in this grant funded program was unanimously approved by Council January 14, 2025.

State Transit Assistance (STA) funds programmed into the City’s Short Range Transit Plan (SRTP) will be used to cover the remaining expense with no incurred cost to the General Fund.

Once approval is obtained and staff is alerted of order availability, staff will establish final costs, and purchases will be executed through the California Association for Coordinated Transportation (CALACT).

CALACT is a statewide, non-profit organization that has represented the interests of small, rural, and specialized transportation providers since 1984. Their membership is comprised of individuals and agencies from diverse facets of transportation, including operators of small and large systems, planning and government agencies, social service agencies, suppliers and consultants.

CALACT administers competitive processes for various types and sizes of transit vehicles to assist its members with procuring equipment. This provides a compliant purchasing solution that allows, as a 1406
member, the City to select vehicles that best meet its transit needs.

JUSTIFICATION:

The purchase of three Dial-A-Ride vehicles are necessary in order to continue to provide essential services in a reliable and safe manner.

The Purchasing Policy identifies that cooperative bids prepared by and processed through local, state or federal government agencies may be utilized by the City; therefore, as soon as staff is alerted of availability, these purchases will be executed through the California Association for Coordinated Transportation (CALACT).

All vehicle purchases described in this report will be in unison with purchasing staff and consistent with the City’s purchasing policies.

FISCAL IMPACT:

The total cost to purchase the vehicles is estimated to be $561,179.99. Funding will be available in Transit Fund 610, Account No. 610-5800-434.90-51 once continuing appropriations are finalized.

The expense is included as part of the City’s Short Range Transit Plan and CARBS’s ATPP Grant funding as well as State Transit Assistance (STA) funding will be made available, as a reimbursement, by the Riverside County Transportation Commission and WRCOG to cover the full amount of the purchases. No General Fund dollars will be utilized on this purchase.

ALTERNATIVES:

1. Approve Resolution 2025-120 as presented.

2. Approve with modifications.

3. Do not approve Resolution 2025-120 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-120.docx

2. Quote CALACT Class C E450 Allstar 15-2-CNG.pdf

3. Quote CALACT Z-1 E-TRANSIT VAN.pdf
1407
Resolution 2025-120

RESOLUTION 2025-120

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

AUTHORIZING THE PURCHASE OF ONE ELECTRIC TRANSIT VAN AND TWO CUTAWAY BUSES FOR DIAL-A-RIDE FOR A NOT-TO-EXCEED AMOUNT OF $561,179.99 WHEREAS, the City of Banning operates the Banning Connect Transit System, which includes Dial-A-Ride services providing essential transportation for elderly and disabled citizens; and
WHEREAS, several existing fleet vehicles have exceeded their useful service life, leading to increased maintenance costs and reduced reliability; and WHEREAS, the purchase of two Class C E450 cutaway buses and one electric Class Z1 transit van is necessary to maintain safe and reliable transit services; and WHEREAS, the City’s participation in the California Air Resources Board (CARB) Advanced Technology Pilot Program (ATPP) Grant will allow for up to a 50% reimbursement for one of the vehicle purchases, supporting the deployment of zero-emission vehicles; and WHEREAS, State Transit Assistance (STA) funds programmed in the City’s Short Range Transit Plan (SRTP) will cover the remaining costs; and WHEREAS, the City will execute the vehicle purchases through the California Association for Coordinated Transportation (CALACT), ensuring compliance with the City’s purchasing policies.

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

SECTION 1. The City Council authorizes the purchase of two Class C E450 cutaway buses and one electric Class Z1 transit van for a not-to-exceed amount of $561,179.99.

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

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 26th day of August 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:
1408
Resolution 2025-120

Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkney, Interim City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
1409
Resolution 2025-120

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-120, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 26th day of August 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
Acting Administrative City Clerk
City of Banning, California
1410
Vehicle Type: Date: Contact: Lift Info: Agency: Seat Material Level: Address: Seat Color: City, State, Zip: Flooring and Color:

Phone: Salesperson: E Mail: Salesperson Cell:

Delivery: Salesperson E Mail: Quantity: Price Ext. Price ADA 1 $146,725.00 $146,725.00 $19,535.00
.1 $131.00 $131.00
1 Standard Standard Standard
1 $327.00 $327.00 $327.00
1 $436.00 $436.00
1 $501.00 $501.00 $501.00
1 $10,197.00 $10,197.00
1 $1,243.00 $1,243.00
1 $458.00 $458.00
1 $2,861.00 $2,861.00
1 $198.00 $198.00
1 $7,799.00 $7,799.00
1 $1,090.00 $1,090.00 $1,090.00
1 $5,712.00 $5,712.00 $5,712.00
1 $872.00 $872.00
1 $2,616.00 $2,616.00 $2,616.00
1 $5,450.00 $5,450.00
.1 $150.00 $150.00
1 Driver barrier $1,650.00 $1,650.00
1 Delete armrests on all passenger seats $0.00 $0.00
1 $8,580.00 $8,580.00
1 Valeo/Spheros Rooftop Combo A/C System Upgrade (TC80) $4,125.00 $4,125.00 1 Add L Track Strip for larger wheelchairs (See Floorplan) $0.00 $0.00 1 Pre Wire for Camera system (Locations TBD during pre production meeting) $500.00 $500.00 .
. Class C Base Price $146,725.00
. Published Options $39,629.00
. Non Published Options $15,005.00
. Total $201,359.00 $29,781.00
. Doc Prep Fee $85.00
. The Non Taxable Amount is the ADA Equipment in the Base and Added as Options Non Taxable $29,781.00 . The Taxable Amount Includes the Mobility Rebate of $1,000.00 For Ford Chassis Taxable Amount $172,663.00 . 95 Tax Total $13,381.38 7.750%
. Sub Total $214,825.38
. CalACT Fee $3,020.39
. DMV E File Fee: $33.00
. DMV Fee $0.00 (Estimated)
. Tire Fee $12.25
. Total $217,891.02
. Number of Units 2
. Final Total $435,782.04
Purchasing of vehicles requires a CALACT membership, letter of assignment, and payment of procurement fee. If you have any questions, please contact CALACT direct at 916 920 8018 45 Ad rails (interior, both sides) 13 Freedman Sport 2 Drivers Seat (if not standard) Starcraft Bus Class C (Ford E450 CNG) *Subject to CARB certification* 9 Credit for seat delete Published Options 48 REI PA system (4 interior, 1 exterior ADA sokr) 42 Lift Pad Cover Stephanie Sirls/Sergio Rubio
Banning, CA 92220 Altro Meta Storm (Gray) 951 922 3269 Mike Farr 176 E Lincoln Ave Gray City of Banning
[email protected] [email protected] 909 730 5319 270 Days from PO [email protected] Description
CalACT MBTA RFP #20 01 Class C Quote Sheet Class C Starcraft Bus (Allstar) 7/21/2025 Level 4
123 Delivery Zone 1 Non Published Options 130 Diamond Farebox SV 132 CNG Upgrade to 39 GGE (29GGE Std)
64 Telma Driveline Brake Retarder *May need ro re locate battery box for 39GGE CNG tanks and telma* 66 Mor RYD Suspension 78 Spare tire additional (loose, full size, match OEM) *Additional, 1 comes std* 79 Sportworks bike rack (black 2 bike) 95 Farebox rail/prewire 99 Amerex Fire Suppression w/Methane Detection Decals/Graphics Installed ("Banning Connect")
120 Twin Vision Front and Side LED Dest sign (Mobilite) 116 Stop Request System (w/ sign) Add light to driver dash area for stop request
Braun Front Rear
Class C 1 OF 1 7/21/2025
1411
1412
Allstar 25 176" WB E-450 7.3L Premium Gas Engine W/240 Amp Ford Alt ** ST 93091 1 1 NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
NOTE 1
1 ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 1
ST 99 2
ST 99 1
ST 99 1
1 05 STD 1
1 Floor Track Will Not Be Installed in Any Area not Covered by a Fixed Seat Operations Manual - Covering Conversion Features as Listed

SEE BOTTOM OF ORDER FOR WARRANTY
Headlight Aiming Certificate - Ship with Bus
Water Test Certificate - Ship with Bus
Driveline Metal Guards for Each Section of Shaft
All Harnesses Secured to Frame at Maximum of 24"
Upgrade Driver Plexi Barrier: Extend to Within 6" of Ceiling 14 Gauge Galvanized Steel Wheelwells
Dual Handles on WC Lift Doors
304SS Required for Entry Grabs and Ceiling Grabs
Ceiling Grab Rails Require Formed Elbows - No End Caps
AC & Heater Hoses Supported Every 24" Minimum
Build Front Driver Storage Compartment as Large as Possible, For Storage of Install Toolbox Next to Lift if Space Allows
Convex Mirror Must Avoid Sun Visor and Overhead Door
Stainless Steel Battery Hold-Down Hardware
Install Battery Cable Wiring Diagram Inside Battery Access Door Interlock on Entry Door - Must Be in Park to Operate
Ground to First Step Height Shall Not Exceed 12.5" Unloaded P-Clamps Added as Deemed Necessary by MBTA Inspector
Batteries Must Be Same Type (No Mismatch) (1 In Tray - 1 Underhood) Continuous Run Battery Cables
Slide Blocks To Hold Batteries In Place
Parts Book, Operating Instructions, Troubleshooting Guide, Inspection & Ship 4-Corner Weight Sheet with Every Vehicle
Driver Entry Grab Steel Reinforced Plastic - Nutsert Install Dealer to Perform 4-Wheel Alignment in California
Decal: Battery Disconnect, Emergency Use Only

KEYED LOCK ILO THUMB LATCH FOR ELECTRICAL CENTER DOOR
5/8", 7 Ply AC Marine Grade APA Plywood Floor
Dealer to Weigh Each Bus on California Certified Scale
Decal: "Heater Shut Off Valve" - Install On Street Side Near Valves Wiring Harnesses Supported Every 24" Maximum
(3) GROUND WIRES TO BE ZERO OUGHT GAUGE, TO BE CONTINUOUS

SPECIAL BUILD OPTIONS
Flame Block on Bottom of Driver Seat Cushion (N/A on USSC & Recaro) Laminated Modesty Panel, Grey Melamine, Each
Intermotive Break Out Box

GENERIC PARTS MANUAL ON FLASH DRIVE
Fast Idle: 1500 RPM on Gas - Fast Idle to Engage if Voltage Drops Below 12.5 ENTRY DOOR HEADER ACCESS PANEL DOOR MUST BE HINGED WITH 2 Intermotive Flex Tech Electrical System
No Butt Connectors Allowed
Undercoat Metal Skirts

SPECIAL INSTRUCTIONS OR NOTES
Use 250 lbs Per Wheelchair Position
No Tow Vehicle Allowed During Delivery
Hip-To-Knee Spacing 27" Minimum
Parts Manual with As-built Electrical Schematics
If Driver Switch Panel is on Engine Cover, Then a Quick Disconnect is Required All Excessories Except Lights, WC Lift & Mobile Radio (If Equipped) Are Ignition Add 2nd Heater Line Brass 1/4 Turn Valve
Battery Tray: SS Tray & Slides Per Standard Options Below. Must Extend at

SIDEWALL / REARWALL / CEILING
Install Dome Light With Every Row of Seats, Including WC Position, Must Seat Track Not Extend More than 6" Past Seats
Ground Engine to Chassis Frame, Body to Chassis Frame, Lift Pump Housing to

ELECTRICAL SYSTEM
Class C Standard Build Options
1413
05 STD 1
05 STD 1
05 STD 1
05 2289 1
05 2238 1
1 Altro Meta Storm 05 2248 1
05 8820 3
1 05 2340 1
05 2623 1
05 2825 1
05 2670 1
05 8606 1
1 1
ST 99 1
ST 99 1
1 05 8044 1
1 05 20090 1
1 Stainless Batt.Tray w/Std Batt.Box IS 304 REQUIRED? YES 05 2784 1 05 2869 1
05 8790 1
05 22101 1
STD 1
1 05 STD 1
05 20136 1
05 20138 1
05 20139 1
1 05 8041 2
1 05 8830 1
1 1
05 20163 1
05 2063 1
05 8133 1
05 20187 1
NOTE 1
1 05 8769 1
1 05 20192 1
1 05 20206 1
IS THE LIFT IN THE FRONT OR REAR OF THE UNIT? 1
1 05 8744 1
1 05 99 1
1 05 8826 2
Yellow Step Nosing - Per Step
Heavy Duty Anti-Slip Aluminum Running Board on Driver Side (Large) (NOT

AVAILABLE ON FORD TRANSIT)
Exterior Mirror Set Remote/Heated w/External LED Strip Turn Signal Ford Valve Stem Extender Inner Dual Rear Wheel, pair
Braun Century NCL917-2 800# Lift (33"x51")
Q10007 - 4 QRT 360 Retractr Tie Down L track & Q8-6326-A1 Comb-Lap/Shldr Double W/C Doors w/ Windows, LED Interior Light, Leaf Spring, LED Exterior Lighting Jensen JHD36AB AM/FM/CD/Clock Blue Tooth/USB Enabled / 4 SPEAKERS PA Ready

LUGGAGE RACK / STORAGE

AUDIO / VISUAL
LED Mid-Ship Turn / Marker Lights
Front Mud Flap (1), Passenger Side Only (to be used with Running Board) - NOT

AVAILABLE ON FORD TRANSIT
USE #16 SUCTION HOSE IN A/C SYSTEM
Q Straint W.C. Securement Kits, Accessories

BRAUN LIFTS
LIFT FAST IDLE WITH 403 INTERLOCK
Intermotive Gateway 508-F Ford E or 517-F Transit Fast Idle with Lift Interlock Driver Storage in Cab Overhead with Lock
Solid Window(s) EACH Replace T-Slide(s) Enter Specific Instructions in Row Below Surface Mount LED Entry Door Exterior Light - STD Choose Optional Below or Special builds Passenger Door Electric (standard)
Laminated Wiring Schematic ***AS BUILT*** ON ELECTRICAL PANEL DOOR Stainless Steel Battery Tray Slides ILO Zinc Plated Slides - Extra Charge

ELECTRICAL
Electric Entry Door is Standard. Add Option #2056 if Manual is Desired Passenger Door 36" ROUGH OPENING (STANDARD)

INTERIOR LIGHTS

EXTERIOR LIGHTS
LED Rear Center Mount Brake Light, Rectangular
Additional Interior LED Dome Lamp - Each

MISCELLANEOUS
TRANS AIR TA733 SUPER 75,000 BTU, TA73 EVAP, SMC3L COND, 13 CID COMP

7.3L GAS
Silicone Heater Hose (for rear unit) w/full ring clamps

HEATERS
Romeo Rim Rear Bumper w/HawkEye RAS Installed

ENVIRONMENTAL CONTROL

STREET SIDE REAR
Sidewall: Grey FRP
FRP on Ceiling, Grey

FLOORING - WHITE NOSING IS STANDARD

CHASSIS

TRANS/AIR AIR CONDITIONING SYSTEMS
Rearwall: Grey Seaspray Fabric
Driver Area: Grey Padded Vinyl
Hot Water Heater, 35K BTU 3 Speed Low Profile
Cove Colored Flooring on Sidewall to Seat Track
Rotary Disconnect Switch
Wiring Diagram "AS BUILT" ON USB Flash Drive

PARATRANSIT OPTIONS

INTERIOR
Independent RED Brake & AMBER Turn Signal Lights
Exterior Passenger Entrance Door Key

DOORS / HATCH / WINDOWS
Driver Coat Hook
1414
05 20250 8
05 20251 1
05 8179 1
1 05 8104 1
05 20257 1
1 05 8089 1
05 8090 1
05 20264 1
05 8091 1
05 2880 1
05 STD 1
05 20276 1
05 8155 3
05 8802 1
1 05 99 1
STD 1
05 8130 1
STD 1
1 05 99 1
1 05 2043 1
1 1
05 8067 8
1 05 2074 16
1 Anti-Vandal Grab Handle, Black Ea on: 05 2311 16
Black US Armrest - Each - on: 05 2077 8
05 2884 16
1 05 2282 16
05 8771 2
Miscellaneous Accessories
Red Light Over Emergency Exit Ea: ON:

ALL SEAT EXCEPT AGINST REAR WALL
Priority Seating Sign **Required for ADA Compliance**

SEAT OPTIONS

PASSENGER SEAT FABRICS
Mid High Double Seat

SEATING - PASSENGER

STD RIGID SEATS
SHIELD Sport 2.0 Recliner RH Adjustable LeMans Arm, 2 Way Adjustable Lumbar Yellow "Standee" Line
Left Hand Entry Vertical Grab Rail - 1 1/4"
1 1/4" Dual Entry Grab Rails Parallel to Entrance Steps (both sides)

SEATING - DRIVER
Emergency Triangle Kit
Back-Up Alarm SAE Type B 107 db(A) Ecco 575
Interior Convex Mirror 6"x9"
Driver Seat Cover - Level 4 Ice Pinstripe; Mor-Care; Leathermate

FREEDMAN SHIELD DRIVER SEAT FABRICS
Body Fluid Kit
Seat Belt Extension, 12" (P/N 56410) FOR USR SEAT BELTS Seat Cover - Level 4 Ice Pinstripe; Mor-Care; Leathermate Seat Belt, Freedman USR Retractable (Per Person)

SEAT BELTS
Flame Block Material on Underside of Seat (each)
Ceiling Grab Rail - Install on Both Sides
5 Lb Fire Extinguisher

GRAB RAIL / STANCHION / PANELS
Stanchion and Modesty Panel at Entry Door

SIDE & REAR EGRESS WINDOWS
STANDARD ROSCO STSK4750 BACK-UP CAMERA SYSTEM W/ 7" REARVIEW

MONITOR / MIRROR COMBO
Q5-7580-4 18" Blue Webbing Loop (each)
Q5-6327 84" Postural Belt with Padding - Black Webbing
16 Unit First Aid Kit
Q-Straint Belt Cutter (ship loose)

SAFETY OPTIONS
Tool Box Wheelchair Belt Storage
1415
1416
1417
(Provide complete warranty information and parchment with proposal) Warranty Miles Years Warranty Details
Body Structure 100,000 5 See attached Warranty Info
Chassis 36,000 3 See attached Warranty Info
Engine 60,000 5 See attached Warranty Info
Transmission 60,000 5 See attached Warranty Info
Air conditioner Unlimited 2 See attached Warranty Info
Lift/Ramp Unlimited 5 See attached Warranty Info
EV Battery N/A N/A N/A
EV Conversion/Installation N/A N/A N/A
CNG Warranty N/A N/A N/A
(Install and tanks)

SUMMARY OF STANDARD WARRANTIES
1418
Vehicle Type: Date:

Contact: Type of Lift:

Agency: Seat Material:

Address: Seat Color:

City, State, Zip: Floor Color :

Phone: Delivery:

EͲMail: Salesperson:

NOTE:

Quantity: Price Ext. Price ADA
1 $101,767.48 $101,767.48 $9,800.00
1 27ͲDelivery Zone 1 821.60 821.60 821.60
1 43ͲDiamond Farebox SVͲ(all fareboxes to be supplied with 2 vaults) 2,440.15 2,440.15 2,440.15 1 77ͲFront passenger seat delete+ add equipment tower 1,848.60 1,848.60 1,848.60 1 9,756.50 9,756.50 9,756.50
.
1 68Kwh Battery Pack (Credit) Ͳ$12,000.00 (12,000.00) 0.00 1 $5,650.00 5,650.00
1 $0.00 0.00
1 $6,050.00 6,050.00
2 $0.00 $0.00
1 Lift Pad Cover 0.00 0.00
.

NOTE: Class VͲBase Price $101,767.88
Published Options $14,866.85
UnPublished Options Ͳ$300.00
Total $116,334.73 $24,666.85
Doc Prep Fee $85.00
. The NonͲTaxable Amount is the ADA Equipment in the Base and Added as Options NonͲTaxable $24,666.85 . The Taxable Amount Includes the Mobility Rebate of $1,000.00 For Ford Chassis Taxable Amount $92,752.88 . 95 Tax Total $7,188.35 7.750%
. SubͲTotal $123,608.08
. CalACT Fee $1,745.02
. DMV EͲFile Fee: $33.00
DMV Fee $0.00 (Estimated)
. Tire Fee $12.25
. Total $125,398.35
Number of Units 1
Final Total $125,398.35
Add 3pt Seat (Make total of 8)
Add Graphics (Banning Transit)

PER THE PURCHASING COOPERATIVE, PRICING SUBJECT TO CHANGE DUE TO PPI (PRODUCER PRICE INDEX) ESCALATION AND/OR MANUFACTURER PRICE INCREASES.

PLEASE CONTACT YOUR SALES REPRESENTATIVE TO CONFIRM QUOTED PRICING IS STILL VALID PRIOR TO ISSUANCE OF PURCHASE ORDER.

Class Z1ͲZͲ1 EͲTransit (Basic) 109" Hiroof EL W3X 148" WB 6+copilot, driver and WC 84ͲWC Lift installed behind curbside rear axle
Purchasing of vehicles requires a CALACT membership, letter of assignment, and payment of procurement fee.If you have any questions, please contact CALACT direct at 916Ͳ920Ͳ8018
NonͲPublished Options
Add Provision Camera system (Per spec)
Stephanie Sirls
Banning, CA 92220 Grey
951Ͳ922Ͳ3269
Add advertising rails
CalACT MBTA RFP #20Ͳ01ͲClass ZͲQuote Sheet
Class Z1ͲZͲ1 EͲTransit8 Passenger 1 W/C ϳͬϮϭͬϮϱ Vinyl
176 E Lincoln Ave Customer Choice
City of Banning
30Ͳ45 Days from PO (In Stock)
[email protected] Mike Farr
Description
Published Options

PER THE PURCHASING COOPERATIVE, PRICING SUBJECT TO CHANGE DUE TO PPI (PRODUCER PRICE INDEX) ESCALATION AND/OR MANUFACTURER PRICE INCREASES.PLEASE

CONTACT YOUR SALES REPRESENTATIVE TO CONFIRM QUOTED PRICING IS STILL VALID PRIOR TO ISSUANCE OF PURCHASE ORDER.

Braun Side Rear
Class V 1 OF 1 6/17/2025
1419
1 1
1 1 1 Wheelchair On 148"-EL Wheel Base - High Roof Cargo Van FALSE FALSE 1 AMF Bruns Smartfloor System
ϴ Single ^ĞĂƚƐOn Fixed Legs (Use Seat Option Below If Needed) # Of Street Side Belts # CRS Option 1 Retractable Shoulder Harness With Height Adjustment (Each) TRUE FALSE 1 4
1 Stainless Steel Assist Pole At Right Entry Options:
1 Stainless Steel Assist Pole At Left Entry Options:
1 1
1 1
1 1
1 1
1 1
1 E-Transit Twin Air Tie-In Heat/Cool Floor Mount - 28K BTU Heat/31K BTU Cool Bodily Fluid Clean Up Kit
Safety Kit Includes: 5lb Fire Extinguisher, First Aid Kit, Triangle Reflectors Insulate Doors
Insulate Walls
Insulate Headliner
Removeable
Tiedown Web Loop (1 Loop)
Tiedown Storage Pouch Mounted On Sidewall (Holds 1 Set Of Tiedowns) Sliding Door 8" Stainless Steel Board
Driver Door 8" Stainless Steel Board
Co-Pilot Door 8" Stainless Steel Board
Description Chassis
W3X-E
Ford Factory Ordered Transit Chassis
Engine
Electric Motor
Color
2023 E-Transit T-350 Van High Roof 148EL Sliding Door 9,500# GVWR Oxford White Qstraint torso belt
Belt Cutter
Add Ret. Lap Belts
1420

PRICE PROPOSAL

IMAGES & FLOORPLAN
1421
Warranty Miles Years
Body Structure 150,000 5
Chassis 36,000 3
Drive Motor 100,000 8
Transmission N/A N/A
Air conditioner Air conditioner 36000
Lift/Ramp Unlimited 5
EV Battery 100,000 8
EV Conversion/Installation N/AͲFord OEM N/AͲFord OEM Battery Degradation Warranty 100,000 8
Propulsion Control System 100,000 8
Axles 60,000 5
1422

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Acting City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Art Vela, Acting City Manager
MEETING DATE: August 26, 2025
SUBJECT:

Consideration of Resolution 2025-121, Amending the Classification & Compensation Plan for the City of Banning
RECOMMENDATION:

Adopt Resolution 2025-121.

BACKGROUND:

It is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects budget amendments, organizational structure, and department needs. Past City Council resolutions have identified the necessity to maintain a current Classification & Compensation Plan that reflects the nature of work and organizational structure and that the plan is updated to reflect both market changes and appropriate compensation for work performed.

JUSTIFICATION:

Proposed changes to the Classification and Compensation plan include:

During the July 8th, 2025 City Council meeting, Council approved the reclassification of the Administrative Services Director position to a Finance Director and the funding of the Human Resources Director positions.

Both Director’s position salaries were based on the October 2022 all-city classification and compensation study for the Executive level positions. While staff was working with the Executive Recruiting firm to recruit for these positions, a current market salary survey was conducted and found our posted salaries were below the current industry rates.

Increasing these salaries will assist in providing a better candidate pool and make these positions more competitive in the current job market.
1423
Salary Survey:

Human Resources Director

AGENCY TITLE CURRENT

SALARIES
City of Riverside HR Director $ 266,666
City of LaQuinta HR Director $ 180,501
City of Coachella HR Manager $ 176,454
City of Palm
Springs
HR Director $ 171,399
City of Colton HR Director $ 263,636
City of Corona
Chief Talent
Officer
$ 201,347
Average of
Salaries
$210,001
Average Based
on Salaries
Min Mid Max
Market Average $155,362 $210,001 $246,751
Recommended
Range D06
$175,777 $206,791 $237,805
Finance Director

AGENCY TITLE CURRENT

SALARIES
Riverside Finance Director $ 266,151
La Quinta Finance Director/Treasurer $ 177,703
Coachella Finance Director $ 178,644
Palm Springs Finance Director/Treasurer $ 200,765
Colton Finance Director $ 263,636
Corona Finance Director/Risk $ 219,149
Average of Salaries $217,675
Average Based
on Salaries
Min Mid Max
Market Average $179,582 $217,675 $255,768
Recommended
Range D07
$180,172 $211,962 $243,751
FISCAL IMPACT:

Fiscal Services Department:

Fiscal Impact – Funding from General Fund (Fiscal Services budget) 1424
Position/Grade
Proposed Salary Range
(min to max)
Proposed New Salary
Range (min to max)
Proposed Base Wage
Difference (min to max)
Finance Director / D01 to
D07
$155,361.93 to
$210,185.66
$180,172.68 to
$243,751.57
$24,810.75 to
$33,565.91

TOTAL ANNUAL FISCAL
IMPACT
$24,810.75 to
$33,565.91
Human Resources & Risk Management Department:

Fiscal Impact – Funding from General Fund (HR & Risk Management budgets) Position/Grade
Proposed Salary Range
(min to max)
Proposed New Salary
Range (min to max)
Proposed Base Wage
Difference (min to max)
Human Resources
Director / D01 to D06
$155,361.93 to
$210,185.66
$175,777.91 to
$237,805.98
$20,415.98 to $26,900.32

TOTAL ANNUAL FISCAL
IMPACT
$20,415.98 to
$26,900.32
ALTERNATIVES:

Do not adopt Resolution 2025-121 and provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-121.docx
1425
Resolution 2025-121

RESOLUTION 2025-121

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

AMENDING THE CLASSIFICATION & COMPENSATION PLAN FOR THE CITY OF BANNING WHEREAS, it is necessary to amend the City’s Classification & Compensation Plan from time to time to maintain a current plan that reflects the nature of work, organizational structure, or otherwise; and
WHEREAS, changes to job descriptions, job titles, and/or pay ranges require City Council approval.

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

SECTION 1. That the City Council approve the following position salary changes to the effective Fiscal Year 2025-2026 classification and compensation plan:
 Finance Director (Financial Services Group) – Move Salary from Grade D01 to D07  Human Resources Director (Human Resources Group) – Move Salary from Grade D01 to D06
SECTION 2. The City Council approves the salary revisions for the Finance Director and Human Resources Director positions effective Fiscal Year 2025-2026.

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 26th day of August 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:

Sandra Calderon,
Acting Administrative City Clerk
City of Banning
1426
Resolution 2025-121

APPROVED AS TO FORM:

John Pinkey, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
1427
Resolution 2025-121

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-121, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 26th day of August 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
Acting Administrative City Clerk
City of Banning, California
1428

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Acting City Manager
PREPARED BY: Nicole Jews, Human Resources Manager
Art Vela, Acting City Manager
MEETING DATE: August 26, 2025
SUBJECT:

Consideration of Resolution 2025-122, Ratification of a Sole Source Agreement and Budget Allocation for ATI Restoration, LLC for Hazardous Waste Clean-Up
RECOMMENDATION:

Adopt Resolution 2025-122.

BACKGROUND:

On May 9, 2025, at approximately 1:15 AM, CAL FIRE/Riverside County Fire Department responded to several reports of a structure fire at Repplier Park. The building, previously known as the Banning Boy Scouts Club, suffered significant damage. Fire crews brought the blaze under control in about an hour.

This fire was reported to the city’s insurance company for immediate action. The city’s adjuster worked diligently to get the fire damaged area secure so no additional safety issues would occur. A temporary fence was installed to secure the damaged area, and an environmental testing company was hired to come out and test for contaminants. Unfortunately, the tests came back positive for airborne asbestos.

Staff have worked with the insurance adjuster, Public Works and Parks & Recreation to approve a plan to demolish the damaged remains of the building.

JUSTIFICATION:

Staff is requesting ratification of an emergency/sole source contract with ATI Restoration, LLC to complete the environmental clean-up of the area for an amount not to exceed $494,500.

Due to the possible environmental contamination, staff has determined that the work should be processed as an emergency.

FISCAL IMPACT:

As a part of the insurance coverage, all work completed for this environmental clean-up, testing and temporary fencing will be covered from the insurance funds. The insurance company provided the city with a payment of $741,480, which is the total value of the building. These funds will be used to cover the cost of the work to be performed.

Due to this being a commercial building claim the city’s $10,000 deductible has been waived. 1429
Staff needs a budget appropriation to Account: 704-3200-412-90.15 (Project Code: EM2601) in an amount of $494,500.

ALTERNATIVES:

Do not adopt Resolution 2025-122 and provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2025-122_Approving_a_Sole_Source_Agreement_for_Hazardous_Waste_Cleanup_for_Repplier_Park (1).docx

2. Pictures of Boy Scout House Fire.pdf

3. ATI - Sole_Source_Vendor_Form_Banning.pdf

4. Executed C01179 - Envrironmental Clean-Up Repplier Park (ATI Restoration, LLC).pdf 1430
Resolution 2025-122

RESOLUTION 2025-122

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

RATIFY THE SOLE SOURCE CONTRACT WITH ATI RESTORATION, LLC FOR HAZARDOUS WASTE CLEAN-UP IN THE AMOUNT OF $494,500
WHEREAS, the City’s insurance carrier solicited proposals for specialized environmental clean-up, due to fire damage at the Boy Scout house located at Repplier Park; and WHEREAS, the City’s insurance carrier negotiated the Scope of Work with ATI Restoration, LLC, to enter into a sole source agreement to complete the tasks as indicated in the environmental testing report; and
WHEREAS, funding will be available in the City’s Public Works Department account during Fiscal Year 25/26 in the amount of Four Hundred and Ninety-Four Thousand and Five Hundred Dollars ($494,500); and
WHEREAS, the cost for the environment clean-up provided by ATI Restoration, LLC will be in an amount not-to-exceed Four-Hundred Ninety-Four Thousand, Five-Hundred Dollars ($494,500) and will be fully paid for from insurance funds received by the City.

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

SECTION 1. The City Council ratifies the contract with ATI Restoration, LLC., for an amount not to exceed Four-Hundred Ninety-Four Thousand, Five-Hundred Dollars ($494,500) and authorize the City Manager to make necessary non-substantive changes, and to execute said agreement included as Exhibit A and attached to this resolution.

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

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 26th day of August 2025.

Sheri Flynn, Mayor
City of Banning
ATTEST:
1431
Resolution 2025-122

Sandra Calderon,
Acting Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

John Pinkey, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
1432
Resolution 2025-122

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-122, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 26th day of August 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
ActingAdministrative City Clerk
City of Banning, California
1433
Resolution 2025-122

Exhibit A
Work Authorization – Commerical Contract
1434
1435
1436
1437
1438
1439
1440
GP-1
CONTRACT (C01179)

CITY OF BANNING CONTRACT FOR ENVIRONMENTAL CLEAN-UP, ABATEMENT AND

BUILDING DEMOLITION, REPPLIER PARK BY AND BETWEEN CITY OF BANNING AND ATI RESTORATION, LLC.

THIS CONTRACT (“Contract”) is made and entered this day of________________________ (“Effective Date”), by and between the CITY OF BANNING, a California municipal corporation (“City”) and ATI RESTORATION, LLC, a LIMITED LIABILITY COMPANY (“Contractor”). Contractor’s California State Contractor’s license number is 613991; Class -B, C15, C-2, C-6, C21, C47, C39. Contractor’s DIR registration number is 1000750223.

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Environmental Clean-Up, Abatement,and Building Demolition (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Four Hundred Ninety-Four Thousand, Five Hundred Dollars ($494,500.00) in accordance with the prices as submitted in the Bid.

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

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

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

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 8/20/2025
1441504
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comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

10. Debarment or Suspension.

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

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

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

12. Signatures. Electronic Signatures: Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.

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

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

CITY OF BANNING
City Council Approval: ______________ By:

City Manager Date
ATTEST: APPROVED AS TO FORM:

By: By:

Administrative City Clerk Date City Attorney Date
Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 8/20/2025
Acting
8/20/2025
Acting
8/20/2025
.
1442505
GP-3
(“CONTRACTOR”)
By:

Name: Date
Title:

By:

Name: Date
Title:

Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B Kyle Bias
ATI Restoration LLC
Regional Vice President
8/20/2025
1443506
GP-1

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

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

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

Agency – The City of Banning.

Board – The City Council of the City of Banning.

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

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

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

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

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

Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1444507
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Notice of Completion – The notice authorized by Civil Code Section 9204.

Project – See Work.

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

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

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

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

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

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

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

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

SECTION 3. CONTROL OF THE WORK
3-1 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1446509
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agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

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

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

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

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

1. Permits issued by regulatory agencies with jurisdiction.

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

3. Contract/Agreement.

4. Bid.

Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1447510
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5. Special Provisions.

6. General Provisions.

7. Plans.

8. Standard Plans.

9. Standard Specifications.

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

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

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

The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents. No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City. 3-10 SURVEYING
3-10.1 General
The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq.). All Project surveying notes and “cutDocusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1448511
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sheets” are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor.

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

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

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

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

The Contractor shall deliver, handle, and store materials in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1449512
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installation coordination to ensure minimum holding or storage times for materials recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

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

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

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

The Contractor shall complete all Work under the Contract within Twenty-Five (25) Working Days from the Notice to Proceed.
3-13.2 Acceptance
The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 3-12 of Part 1 of the Standard Specifications and the Special Provisions, and all of the following items have been received by the City Engineer:

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

2. All written guarantees and warranties;

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

4. All “as-builts”;

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

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

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

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

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

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

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

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

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

The Contractor and each Subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each Contractor and each Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner at least monthly, in a format prescribed by the Labor Commissioner.
5-3.4 Hours of Labor
The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of the Project by the Contractor or by any Subcontractor for each calendar Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1452515
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day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 5-3.5 Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on the Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 5-3.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
5-3.7 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 5-3.8 Compliance Monitoring and Posting Job Sites
The Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.
5-3.9 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1453516
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such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure. 5-3.10 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.10 shall survive expiration or termination of the Contract.
5-4 INSURANCE
5-4.1 General
The first paragraph of Section 5-4.1 of Part 1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

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

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5-4.2.2 Additional Insureds
The City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. 5-4.2.3 No Limitation on Indemnity
The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in these Contract Documents.
5-4.2.4 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by this Section 5-4 during the term of the Contract. The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.
5-4.2.5 Certificates of Insurance with Original Endorsements The Contractor shall submit to the City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Endorsements must be executed on forms titled approved by the City. The endorsements must specifically name the City of Banning and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
5-4.2.6 Subcontractors
The Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of this Section 5-4. 5-4.2.7 Auto Liability
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 Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1455518
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performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
5-4.2.8 Insurance Requirements not Limiting
If the Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 5-4, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract.

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

Section 5-8 is hereby added to Section 5 of Part 1 of the Standard Specifications, as follows:
5-8 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 5-4.1 of the Standard Specifications.
5-8.1 Contractor’s Duty
To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City and its elected officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop payment notices, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged, or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1456519
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defense. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5. 5-8.1.1 Taxes and Workers’ Compensation
The Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. The Contractor shall fully comply with the Workers’ Compensation law regarding the Contractor and the Contractor’s employees. The Contractor shall indemnify and hold the City harmless from any failure of the Contractor to comply with applicable Workers’ Compensation laws. The City may offset against the amount of any fees due to the Contractor under the Contract any amount due to the City from the Contractor as a result of the Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5-8.1.1.
5-8.1.2 Subcontractor Indemnity Agreements
The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5-8 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged, or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their officers, agents, servants, or employees (or any entity or individual for whom the Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the parties. 5-8.2 Workers’ Compensation Acts not Limiting
The Contractor’s indemnifications and obligations under this Section 5-8, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. The Contractor expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees, and volunteers.
5-8.3 Insurance Requirements not Limiting
The City does not, and shall not, waive any rights that it may possess against the Contractor because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5-8 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty, or interest asserted against the City.
5-8.4 Civil Code Exception
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Nothing in this Section 5-8 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5-8.5 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
5-8.6 Waiver of Right of Subrogation
The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 5-8.7 Survival of Terms
The Contractor’s indemnifications and obligations under this Section 5-8 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law.

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

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

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

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

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

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

The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.

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7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs. 11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting. 6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each meeting. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.
6-1.2 Commencement of the Work
The Contractor shall not begin any construction activity at the site before the issuance of the Notice to Proceed. Any Work that is done by the Contractor in advance of the Notice to Proceed shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

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

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

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

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

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6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General.

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

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

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

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

In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1461524
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Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.
6-9 LIQUIDATED DAMAGES
Section 6-9 of Part 1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

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

Execution of the Contract shall constitute agreement by the City and the Contractor that $750.00 per Day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

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

SECTION 7. MEASUREMENT AND PAYMENT

7.3 PAYMENT

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

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

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

7.3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1463526
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State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.

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

3.2.5.4 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.
7-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1464527
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Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor.
7-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.
7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.

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

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

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

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

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

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

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

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

Delays in the Work resulting from the Contractor’s or its Subcontractor’s failure to comply with these regulations shall not be considered an unforeseen event entitling the Contractor to an extension of time or payment for delay pursuant to Section 6-4 of the Standard Specifications. 9-13 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 9-14 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.

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9-15 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Contract shall be in Superior Court with geographic jurisdiction over the City.
9-16 TIME
Time is of the essence in these Contract Documents.
9-17 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents.

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

In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 9-20 TERM
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The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.
9-21 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other. 9-22 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

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

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

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

As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit for acceptance by the City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1471534
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provision shall be construed to impose tort liability on the City or on any City officer, agent, Contractor, representative, or employee. All plans, processing and shoring costs are the Contractor’s responsibility and must be included in the Contractor’s bid.

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

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

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

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

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

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

Printed Name:

Title:

By:

Printed Name:

Title:

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

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

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

Agency: City of Banning
Phone Number: 951.922.3286
Contact Person: Carl Szoyka
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Acting City Manager
PREPARED BY: Art Vela, Acting City Manager
MEETING DATE: August 26, 2025
SUBJECT: Consideration of Introduction and First Reading of Ordinance 1612 of the City of Banning, California Establishing a Procedure for Property Owner Objections to Proposed Water/Sewer Fees or Special Assessments RECOMMENDATION:

Introduce by title and waive further reading of Ordinance 1612.

BACKGROUND:

California recently enacted AB 2257, a bill sponsored by the ACWA and authored by Assemblymember Lori Wilson (D-Suisun City), which assists local agencies in defending against lawsuits under Proposition 218, which governs assessments, fees, and charges levied by local agencies. The bill establishes a formal objection procedure for ratepayers to raise concerns about proposed rate changes before litigation becomes an option. This process is designed to address disputes during the public participation stage, reducing the likelihood of surprise lawsuits after rates are approved. AB 2257 aligns with existing constitutional provisions and Proposition 218, which set standards for public notice, hearings, and protest procedures.

JUSTIFICATION:

To implement AB 2257, the proposed ordinance formally adopts the administrative remedy and record procedures described in Government Code Sections 53759.1 and 53759.2. Specifically, the ordinance adds Chapter 13.08, Article III to the Banning Municipal Code, which requires the City to post the proposed water/sewer fee or assessment and a written explanation of its basis on the City’s website.

Property owners would then have a minimum of 45 days to review the proposal and submit written objections.

Only objections submitted in writing before the close of the public hearing will be considered, and the City must respond to each timely filed objection in writing. This ensures that the City creates a full administrative record, as required by Government Code section 53759.2.

Furthermore, under the new procedure, any person or entity that fails to submit a timely written objection will be legally precluded from initiating a court challenge under Proposition 218. This “exhaustion of administrative remedies” requirement, mandated by Government Code section 53759.1, is a critical legal feature of the ordinance that aims to reduce litigation risk by encouraging early resolution of concerns.

This legislation mirrors the California Environmental Quality Act process, emphasizing transparency and early resolution of disputes. It does not bypass the public participation process mandated by Proposition 218 but enhances it by creating a parallel objection mechanism. By fostering communication between agencies and ratepayers, AB 2257 seeks to minimize litigation risks and promote collaborative problem 1480
solving in public rate-setting processes.

FISCAL IMPACT:

This action does not necessitate additional budget adjustments or impose new costs. This action helps ensure long-term financial stability by implementing sound financial management practices and minimizing risks.

ALTERNATIVES:

Do not adopt Ordinance 1612.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Ordinance 1612.docx

2. affidavit of publication_Ordinance 1612.pdf
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Ordinance 1612

ORDINANCE 1612

AN ORDINANCE OF THE CITY OF BANNING, CALIFORNIA ESTABLISHING

A PROCEDURE FOR PROPERTY OWNER OBJECTIONS TO PROPOSED

WATER/SEWER FEES OR SPECIAL ASSESSMENTS
WHEREAS, the City of Banning (“City”) is a general law city organized under the California Constitution and the laws of the State of California.

WHEREAS, California law requires that certain changes to water/sewer fees or special assessments must be adopted or approved in accordance with procedures outlined in Article XIII D, of the California Constitution, commonly referred to as “Proposition 218.” WHEREAS, Article XIII D, Section 4, establishes certain procedural requirements and substantive limitations a local public agency must follow to adopt a special benefit assessment.

WHEREAS, Article XIII D, Section 6, establishes certain procedural requirements and substantive limitations a local public agency must follow to adopt a property related fee for water/sewer service.

WHEREAS, the purpose of this ordinance is to provide a meaningful opportunity for a ratepayer to present an objection to a proposed new or amended water/sewer fee or special benefit assessment before resorting to litigation after the new or amended fee or special benefit assessment is approved.

WHEREAS, this ordinance is intended to provide a procedure for ratepayers to bring an objection regarding a new or amended water/sewer fee or special benefit assessment to the City’s attention early in the fee consideration process, and to provide an opportunity for the City to address or resolve any objections before the City Council makes a final decision on whether to adopt a proposed water/sewer fee or special benefit assessment pursuant to Proposition 218.

WHEREAS, this procedure will generally require the City to make available the proposed water/sewer fee or special benefit assessment, post the written basis for the proposed water/sewer fee or special benefit assessment on its internet website, provide 45 days for the property owner to review the proposed fee or assessment and timely submit to the City a written objection to the fee or assessment that specifies the grounds for alleging noncompliance, and require the City to consider and respond in writing to timely submitted objections prior to the close of the protest hearing or ballot tabulation hearing required under Section 4 or Section 6 of Article XIII D of the California constitution; and
WHEREAS, for purposes of the proposed water/sewer fee or assessment adopted by the City pursuant to Section 4 or Section 6 of Article XIII D of the California Constitution, a person or entity shall be prohibited from bringing a judicial action or proceeding alleging noncompliance with Article XIII D of the California Constitution for any new, increased, or extended water/sewer fee or assessment, unless that person or entity has timely submitted to the City a written objection to that fee or assessment that specifies the grounds for alleging noncompliance; and WHEREAS, the City Council hereby intends to adopt the exhaustion of administrative remedies, procedure as outlined in Government Code section 53759.1 and the administrative record principles contained in Government Code section 53759.2. 1482
Ordinance 1612

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

SECTION 1. All of the above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby adopts the exhaustion of administrative remedies procedure contained in Government Code section 53759.1 by adding Chapter 13.08, Article III – Objection Regarding Property Related Fees or Assessments Pursuant to Proposition 218 – Exhaustion of Administrative Remedies, as set forth in Exhibit A, which Exhibit is attached hereto and incorporated herein by this reference.

SECTION 3. For purposes of any proposed water/sewer fee or assessment adopted by the City pursuant to Section 4 or Section 6 of Article XIII D of the California Constitution, a person or entity shall be prohibited from bringing a judicial action or proceeding alleging noncompliance with Article XIII D of the California Constitution for any new, increased, or extended water/sewer fee or assessment, unless that person or entity has timely submitted to the City a written objection to that fee or assessment that specifies the grounds for alleging noncompliance, in compliance with Government Code section 53759.1.

SECTION 4. The City hereby adopts the administrative record principles contained in Government Code section 53759.2 by adding Chapter 13.08, Article III – Objection Regarding Property Related Fees or Assessments Pursuant to Proposition 218 – Exhaustion of Administrative Remedies, as set forth in Exhibit A.

SECTION 5. In the event of any conflict between the terms, provisions, conditions, or requirements of this ordinance and those of any other ordinance, resolution, regulation or policy of the City, the terms provisions, conditions, and requirements of this ordinance shall prevail and be deemed superior, except where preempted by state or federal law.

SECTION 6. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 7. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance; cause it to be entered into the City of Banning’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with Government Code Section 36937.

SECTION 8. The City authorizes City staff to take such other and additional actions as may be reasonably necessary to implement the purpose of this ordinance and implement 1483
Ordinance 1612

the exhaustion of administrative remedies procedure adopted herein.

INTRODUCED, TITLE READ, FURTHER READING WAIVED, and ordered posted at a regular meeting of the City Council of the City of Banning, California, held on the day of August 25, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________
Sheri Flynn, Mayor
City of Banning
Attest: __________________
Sandra Calderon
Acting Administrative City Clerk
City of Banning
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Banning, California, held on the 26th day of August 2025.

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________
Sheri Flynn, Mayor
City of Banning
(Seal) Attest: __________________
Sandra Calderon
Acting Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
______________________________
John Pinkney, City Attorney
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CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that Ordinance 1612 was duly introduced at a regular meeting of the City Council of the City of Banning, held on the 26th day of August, 2025, and was duly adopted at a regular meeting of said City Council on the 26th day of August, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon
Acting Administrative City Clerk
City of Banning, California
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EXHIBIT A
Chapter 13.08, Article III
Objection Regarding Property Related Fees or Assessments Pursuant to Proposition 218 – Exhaustion of Administrative Remedies

13.08.010 – Purpose and Authority
This Chapter establishes the administrative procedures required for consideration and adoption of new or increased water/sewer fees and special benefit assessments in accordance with Article XIII D of the California Constitution and Government Code Sections 53759.1 and 53759.2. These procedures are designed to provide property owners with a meaningful opportunity to object to such fees or assessments and to ensure the City complies with applicable constitutional and statutory requirements.

13.08.020 – Applicability
This Chapter applies to all proceedings initiated by the City of Banning to adopt or increase water/sewer service-related property fees or special benefit assessments under Section 4 or Section 6 of Article XIII D of the California Constitution.

13.08.030 – Procedure for Objections
A. Prior to the adoption of any new or increased water/sewer fee or special benefit assessment, the City shall:

1. Publish and make available the proposed fee or assessment and its written basis on the City’s official website;

2. Provide at least 45 days for property owners to review and submit objections;

3. Accept only written objections submitted within the 45-day notice period and prior to the conclusion of any required public hearing;

4. Respond in writing to timely filed objections before the close of the protest hearing or ballot tabulation.

B. Any objection must:

1. Be submitted by a property owner subject to the proposed fee or assessment;

2. Be in writing;

3. Clearly state the specific grounds for alleging noncompliance with Article XIII D.

13.08.040 – Exhaustion of Administrative Remedies
In accordance with Government Code Section 53759.1, no legal action or proceeding challenging the validity of any water/sewer fee or assessment shall be brought unless the affected party has first exhausted administrative remedies by complying with the objection procedure set forth in this Chapter.
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13.08.050 – Administrative Record
The City shall maintain an administrative record of all proceedings related to proposed fees or assessments pursuant to Government Code Section 53759.2.

13.08.060 – Conflict with Other Laws
In the event of any conflict between this Chapter and any other ordinance, regulation, or policy of the City, the provisions of this Chapter shall control, except where superseded by state or federal law.
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AFFIDAVIT OF PUBLICATION
Record Gazette
218 N. Murray St., Banning, CA 92220
Proof of Publication
(2015.5 C.C.P.)
2025 08 26 Pre Adoption Ordinance Summary
___________________________________________________
State of California          )
County of Riverside   )  SS.

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer and publisher of Record Gazette, a newspaper published in the English language in the City of Banning, County of Riverside, and adjudicated a newspaper of
general circulation as defined by the laws of the state of California by the Superior Court of the County of Riverside, under the date October 14, 1966, Case No. 54737.

That the notice, of which the annexed is a copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Aug 15, 2025
Executed on: ____________________
At City of Banning, California
I ceritfy (or declare) under penalty of perjury that the foregoing is true and correct.
___________________________________________________
Signature
2025 08 26 Pre Adoption Ordinance Summary | Page 1 of 2 15 August 2025
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Acting City Manager
PREPARED BY: Marisol Lopez, Economic Development Manager David Newell Community Development Director
MEETING DATE: August 26, 2025
SUBJECT: Discussion and Review of Cannabis Retail Tax Rate Reduction Request.

RECOMMENDATION:

This agenda item provides the City Council with an opportunity to review data related to cannabis retail businesses within Banning and to consider the request from these businesses to reduce the current annual tax rate of 10% of gross receipts. The Council will discuss potential regulatory or tax adjustments specific to cannabis retail operations and provide direction to City staff accordingly.

BACKGROUND:

The City of Banning currently imposes a local cannabis retail tax of 10% of gross receipts, pursuant to Chapter 3.15 of the Banning Municipal Code. This tax is in addition to the applicable state taxes levied on cannabis sales and products in California. The local tax revenue from cannabis retail is allocated to the City’s general fund, supporting municipal services such as law enforcement, public safety, parks, and infrastructure.

At its regular meeting of June 10, 2025, the City Council discussed whether a change to the City’s retail cannabis tax should occur and directed staff to return with additional information. The following topics were raised at the meeting and staff provides additional information on each as requested.

Process for Reporting Sales & Paying Tax. Councilmembers requested information on the process for cannabis retailer sales reporting and tax remittance. At the time the cannabis retail program began, the City required that cannabis retailers reported their gross sales and remit tax payments annually, which lasted through June 2024. At the start of the 2024/2025 fiscal year, the City revised the reporting and payment process with the implementation of Tax Administrator Regulation 2023-1 (attached), changing the process for reporting sales and remitting tax payments to quarterly beginning July 1, 2024. The form that the City uses to receive reports is included as an attachment to this report. Cannabis retailers are required to remit tax payments 45 calendar days after each quarter end.

Sales Tax Calculation. There was a question on how gross receipts were calculated. According to the Banning Municipal Code, Chapter 3.15 (Cannabis Retailer Tax), gross receipts is defined as follows:
“Gross receipts” means the total amount of the sale price of all sales and the total amount charged or received for the performance of any act, service or employment of whatever nature it may be for which a charge is made or credit allowed, whether or not such act, 1490
service or employment is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature, and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from gross receipts shall be cash discounts allowed and taken on sales, any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sale price of the property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit.

Sales Tax Calculation (Cont'd). The City’s 10% local cannabis retail tax is in addition to state excise and sales tax. In January 2023, the state excise tax was 15% for cannabis retailers and this rate recently increased to 19% as of July 1, 2025. Sales tax also applies to retail purchases in the amount of 7.75% on top of excise taxes. An example of a cannabis retail sale calculation is provided below with the tax hierarchy as they apply.

Excise tax calculation example:

Selling price of cannabis product $35.00
Service Fee (as applicable) $3.00
Delivery (as applicable) $5.00
Local cannabis business tax ($43.00 × 10%) + $4.30
Gross receipts subject to state excise tax $47.30
State cannabis excise tax rate x 19%
State excise tax ($47.30 × 19%) $8.99
Subtotal ($47.30 + $8.99) $56.29
State sales tax ($56.29 + 7.75%) + $4.36
Total Purchase Price $60.65
Tax Payments Remitted. The Council requested additional information on the tax remittance paid by the cannabis retailers. The table below shows annual tax payments remitted by the three cannabis retailers conducting business within Banning.

Retailer FY 2023 (7/22-6/23) FY 2024 (7/23-6/24) FY 2025 (7/24-6/25) A (Non-operational) $413,282.00 $378,856.88
B $330,715.00 $255,594.00 $158,082.07
C (Non-operational) $208,586.94 $407,525.54
With the transition to quarterly tax remittance in July 2024, below is a table displaying quarterly payments for each retailer.

Retailer Jul-Sep '24 Oct-Dec '24 Jan-Mar '25 Apr-Jun '25 A $106,290.00 $86,699.00 $92,659.00 $93,208.88
B $43,375.00 $39,904.00 $38,317.00 $36,486.07
C $92,500.00 $106,057.97 $103,242.96 $105,724.61
In addition to the above, staff provided the following local cannabis retail tax rates for comparison to other city rates in the region:
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City
Current Local Cannabis
Retail Tax Rate
Notes
Cathedral City 5% Lowered in Mar 2023
Coachella 6%
In place since Feb 2022.

Has 50% tax abatement
program for new bus. for
first two years
Desert Hot Springs 5% Lowered in May 2025
Hemet 15% In place since Jan 2022
Moreno Valley 8% In place since Apr 2018
Palm Desert 5% Lowered in Feb 2023
Palm Springs 5% Lowered in Feb 2024
San Jacinto 15%
Temporarily reduced to
10% earlier in 2025
After reviewing the above information, staff seeks direction from City Council on the current tax rate of 10% and whether further actions, such as penalties, may be desired to ensure tax remittance occurs timely. The City Council may choose to direct the following:

1. Take no action and keep the local excise tax at 10% and reassess at a future time.

2. Temporarily reduce/increase the local excise tax for a determined period of time.

3. Implement a penalty for late tax remittance.

JUSTIFICATION:

Several cannabis retailers have requested this matter be considered by City Council.

FISCAL IMPACT:

Fiscal impact will depend on direction received from City Council.

ALTERNATIVES:

1. Take no action and keep the local excise tax at 10% and reassess at a future time.

2. Temporarily reduce/increase the local excise tax for a determined period of time.

3. Implement a penalty for late tax remittance.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. BMC Ch 3.15 Cannabis Retailer Tax

2. Tax Administrator Regulation 2023-01 - Cannabis Retailer Tax - Quarterly Remittance

3. Banning Cannabis Retail Sales Quarterly Tax Form
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Chapter 3.15 - CANNABIS RETAILER TAX

3.15.010 - Purpose.

This chapter shall be known as the cannabis retailer tax. It is the intent of the voters to permit the collection of such tax at the maximum rate allowed by state law from every cannabis retailer operating in the city regardless of whether the cannabis business is operating lawfully under state or local law. Nothing in this chapter shall be interpreted to authorize or permit any commercial cannabis activity that would not otherwise be legal or permissible under laws applicable to the activity at the time the activity is undertaken. (Ord. No. 1528, § 2, 12-11-18)

3.15.020 - Definitions.
"Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. "Cannabis microbusiness" means a commercial cannabis business comprised of at least three out of the following four uses on the same premises: (1) a cannabis retailer, (2) a manufacturing facility, (3) a cultivation facility with canopy space of less than ten thousand square feet, and (4) a cannabis distribution facility. To qualify as a cannabis microbusiness, the cannabis business must engage in a minimum of three out of the four above referenced uses. Any term used in this definition that is not defined herein shall have the same definition as set forth in Section 3.17.020.
"Cannabis products" has the same meaning as in Section 11018.1 of the Health and Safety Code. "Cannabis retailer" means a business that engages in the retail sale and delivery of cannabis or cannabis products to customers.
"City" means the City of Banning.
"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or engaging in any other cannabis activity that requires a state license issued by a 8/14/25, 10:50 PM Banning, CA Code of Ordinances
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A.

B.

C.

D.
licensing authority.
"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the cannabis retail business.
"Gross receipts" means the total amount of the sale price of all sales and the total amount charged or received for the performance of any act, service or employment of whatever nature it may be for which a charge is made or credit allowed, whether or not such act, service or employment is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature, and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from gross receipts shall be cash discounts allowed and taken on sales, any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sale price of the property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
"Tax administrator" means the finance manager of the City of Banning, his or her designee(s), or any other city officer charged with the administration of the provisions of this chapter. (Ord. No. 1528, § 2, 12-11-18; Ord. No. 1577, § 3, 9-28-21)

3.15.030 - Tax imposed on cannabis retailers.

There is established and imposed upon each person who is engaged in business as a cannabis retailer an annual tax at the rates set forth in this chapter.

Every person operating a cannabis retailer shall pay to the city an annual tax in an amount equal to ten percent of the business' gross receipts.

This chapter is enacted solely to raise revenue for unrestricted general revenue and municipal purposes and is intended to be a general tax and is not a special tax. All of the proceeds from the tax imposed by this chapter shall be placed in the city's general fund to finance the general operations of the city. Such operations may include, but are not limited to: paying for basic or enhanced law enforcement or public safety services, park, recreational, and senior services, neighborhood preservation, community services, code enforcement, infrastructure improvement and maintenance, and other such general services.
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A.

1. 2.

3. 4.

B.

Every person operating a cannabis microbusiness shall pay a tax based on each component of their business (retail, manufacturing, distribution, and cultivation). For example, a cannabis microbusiness shall pay to the city the tax rates that are currently set as follows and that may be modified from time to time pursuant to Sections 3.15.050 and 3.17.050: ten percent of the gross receipts for the retail component of the business as set forth in Section 3.15.030(B); ten percent of the gross receipts for the manufacturing component of the business as set forth in Section 3.17.030(C); ten percent of the gross receipts for the distribution component of the business as set forth in Section 3.17.030(C); and for the cultivation component of the business, five dollars per square foot of canopy space for the first year that the cannabis microbusiness is in business, and ten dollars per square foot of canopy space for the second year, and every year thereafter that the cannabis microbusiness is in business, as set forth in Section 3.17.030(B) and as modified by Section 3.17.050(C). For purposes of this subsection, a cannabis microbusiness is considered in business from the date the cannabis microbusiness obtains its certificate of occupancy. In the event of a conflict between the tax imposed by this Section and a modified tax imposed by Sections 3.15.050 or

3.17.050, the tax rates set forth in Sections 3.15.050 and 3.17.050 shall prevail. (Ord. No. 1528, § 2, 12-11-18; Ord. No. 1577, § 4, 9-28-21)

3.15.040 - Tax can be spent for unrestricted general revenue purposes.

The tax revenue generated from the taxes established by this chapter can be spent for unrestricted general revenue purposes.
(Ord. No. 1528, § 2, 12-11-18)

3.15.050 - Modifications to tax.

Notwithstanding Elections Code Section 9217, or the tax rate of ten percent of gross receipts of a cannabis retailer, the city council may, in its discretion without the vote of the people of Banning, do any of the following:

Reduce the tax rate for a cannabis retailers;
Increase any tax rates established by this chapter, not to exceed the maximum tax rate of fifteen percent of gross receipts for a cannabis retailer; Increase any rates if they had previously been reduced below such rate; and Establish a class of persons that is exempt or excepted from the tax or discontinue any such exemption or exception.

In no event shall the city council increase any rates in excess of those rates specified in this chapter without approval by a majority of the voters voting in an election on the increase. (Ord. No. 1528, § 2, 12-11-18)

3.15.060 - Reporting and remittance of tax.
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B.

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The cannabis retailer tax imposed by this chapter shall be imposed on a fiscal year basis and shall be due and payable annually.

Each person owing a cannabis retailer tax shall, on or before the last day of the month following the close of each fiscal quarter, prepare and submit a tax statement on the form prescribed by the tax administrator and remit to the tax administrator the tax due.

Tax statements and payments for all outstanding taxes owed to the city are immediately due to the tax administrator upon cessation of a cannabis retailer for any reason.

The tax administrator may, at his or her discretion, establish shorter reporting and payment periods for any cannabis retailer tax.
(Ord. No. 1528, § 2, 12-11-18)

3.15.070 - Payments and communications—Timely remittance.

Whenever any payment, statement, report, request or other communication is due, it must be received by the tax administrator on or before the final due date. A postmark will not be accepted as timely remittance. If the due date falls on Saturday, Sunday holiday, or a day city hall is closed, the due date shall be the next regular business day on which city hall is open to the public.

Unless otherwise specifically provided under other provisions of this chapter, the taxes required to be paid pursuant to this chapter shall be deemed delinquent if not received by the tax administrator on or before the due date.
(Ord. No. 1528, § 2, 12-11-18)

3.15.080 - Notice not required by the city.

The tax administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter. The tax administrator may, as a courtesy, send a tax notice to the cannabis retailer. Failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter.
(Ord. No. 1528, § 2, 12-11-18)

3.15.090 - Non-payment of tax; penalties and interest.

Any person who fails or refuses to pay any tax required to be paid pursuant to this chapter on or before the due date shall pay penalties and interest established by resolution of the city council.

This penalty provision shall not be construed to preclude or limit the enforcement of the penal provision of this chapter.
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B.

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1. 2.

Whenever a check or electronic payment is submitted as payment for a tax and the payment is subsequently returned unpaid by the bank for any reason, the taxpayer will be liable for the tax amount due plus any fees, penalties and interest as provided for in this chapter, and any other amount allowed under state law.
(Ord. No. 1528, § 2, 12-11-18)

3.15.100 - Refund procedures.

No refund shall be made of any tax collected pursuant to this chapter, except as provided in this section. No refund of any tax collected pursuant to this chapter shall be made because of the discontinuation, dissolution, or other termination of a cannabis retail business.

Whenever the amount of any cannabis retailer tax, penalty or interest has been overpaid, paid more than once, or has been erroneously collected or received by the city under this chapter, it may be refunded to the taxpayer who paid the tax, or credited towards a future tax liability, provided that a written claim for refund is filed with the tax administrator within one year of the date the tax was originally due and payable.

The tax administrator shall have the right to examine and audit all the books and business records of the claimant to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the tax administrator to do so.

If the cannabis retailer tax was erroneously paid and the error is attributable to the city, the city shall refund the amount of tax erroneously paid up to one year from when the error was identified.
(Ord. No. 1528, § 2, 12-11-18)

3.15.110 - Administration of tax.

It shall be the duty of the tax administrator to collect the taxes, penalties, fees, and perform the duties required by this chapter.

For purposes of administration and enforcement of this chapter generally, the tax administrator may from time to time promulgate such administrative rules and procedures consistent with the purpose, intent, and express terms of this chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.

The tax administrator may take such administrative actions as needed to administer the tax, including, but not limited to:

Providing to all cannabis retailers forms for the reporting of the tax; Receiving and recording all taxes remitted to the city as provided in this chapter; 8/14/25, 10:50 PM Banning, CA Code of Ordinances
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3. 4.

5. 6.

A.

B.

Maintaining records of taxpayer reports and taxes collected pursuant to this chapter; Assessing penalties and interest to taxpayers pursuant to this chapter; Determining amounts owed and enforcing collection pursuant to this chapter; and Establishing a reasonable process, including set times and secure conditions, whereby taxpayers can pay the taxes imposed by this chapter.
(Ord. No. 1528, § 2, 12-11-18)

3.15.120 - Enforcement—Action to collect.

Any taxes, penalties and/or fees required to be paid under the provisions of this chapter shall be deemed a debt owed to the city. Any person owing money to the city under the provisions of this chapter shall be liable in an action brought in the name of the city for the recovery of such debt. The provisions of this chapter shall not be deemed a limitation upon the right of the city to bring any other action including criminal, civil and equitable actions, based upon the failure to pay the tax, penalties and/or fees imposed by this chapter or the failure to comply with any of the provisions of this chapter. (Ord. No. 1528, § 2, 12-11-18)

3.15.130 - Audit and examination of records.

The tax administrator shall have the power to audit and examine all books, records, accounts, inventory and onsite operations of cannabis retailers, including examination of both state and federal income tax returns, sales tax returns, or other evidence documenting the gross receipts of persons engaged in cannabis businesses, and, where necessary, all equipment for the purpose of ascertaining the amount of the cannabis retailer tax, if any, required to be paid by the provisions hereof, and for the purpose of verifying any statements or any item thereof when filed by any person pursuant to this chapter.

It shall be the duty of every person liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of the later of four years from the due date of the return or the date the return is filed, all records as may be necessary to determine the amount of such tax as he or she may have been liable to pay to the city, which records the tax administrator or his/her duly authorized designee shall have the right to inspect at all reasonable times. All records for any period being audited by the city shall be retained until the audit is complete.
(Ord. No. 1528, § 2, 12-11-18)

3.15.140 - Other licenses, permits, fees.
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B.

This chapter does not authorize or permit cannabis retailers to operate in the city. Cannabis retailers shall comply with the zoning requirements set forth in chapter 17.54 of this Code and must have a valid cannabis conditional use permit issued by the city council to operate in the city.

Cannabis retailers shall also comply with the regulations set forth in chapter 5.33 of this Code and must have a valid cannabis regulatory permit issued by the city manager to operate in the city. A cannabis retailer subject to the provisions of this chapter shall also be subject to the business tax requirements set forth in chapter 5.04 of this Code.

Nothing contained in this chapter shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any other provision of this Code or any other ordinance or resolution of the city, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or required by, under or by virtue of any other chapter of this Code or any other ordinance or resolution of the city. Any references made or contained in any other chapter of this code to any licenses, license taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other chapters of this Code.
(Ord. No. 1528, § 2, 12-11-18)

3.15.150 - Payment of tax does not authorize unlawful business.

The payment of a cannabis retailer tax required by this chapter, and its acceptance by the city, shall not entitle any person to operate a cannabis retailer unless the person has complied with all of the requirements of this Code, including obtaining a cannabis regulatory permit and a cannabis conditional use permit, and all other applicable state laws.

No tax paid under the provisions of this chapter shall be construed as authorizing the conduct or continuance of any illegal or unlawful cannabis retailer, or any cannabis business in violation of any local or state law.
(Ord. No. 1528, § 2, 12-11-18)

3.15.160 - Appeals procedures.

Any taxpayer aggrieved by any decision of the tax administrator with respect to the amount of tax, interest, penalties and fees, if any, due under this chapter may appeal to the city manager by filing a notice of appeal with the city clerk within thirty days of the serving or mailing of the determination of tax due. The city clerk shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to 8/14/25, 10:50 PM Banning, CA Code of Ordinances
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the taxpayer at the last known place of address. The finding of the city manager shall be final and conclusive and shall be served upon the taxpayer in the manner prescribed by this chapter for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice. (Ord. No. 1528, § 2, 12-11-18)

3.15.170 - Amendments.

This chapter may be amended by the city council without a vote of the people. However, as required by Article XIII C of the California Constitution, voter approval is required for any amendment provision that would increase the rate of any tax levied pursuant to this chapter or extend the tax to a cannabis business that is not included in this chapter. The people of the city affirm that the following actions shall not constitute an increase of the rate of a tax:

The restoration of the rate of the tax to a rate that is no higher than that set by this chapter, if the city council has acted to reduce the rate of the tax; An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this chapter; The establishment of a class of persons that is exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this chapter); The collection of the tax imposed by this chapter, even if the city had, for some period of time, failed to collect the tax; and
The deletion, restoration, relocation, renumbering, amendment or alteration of the provisions of this chapter and any provision of the Code affected by this chapter, provided that such action does not establish any new tax or increase any existing tax.

The city council may delete, restore, relocate, renumber, amend or alter any of the provisions of this chapter and any provision of this Code affected by the ordinance from which this chapter is derived, provided that such action does not establish any new tax or increase any existing tax. (Ord. No. 1528, § 2, 12-11-18)
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CITY OF BANNING CALIFORNIA
Tax Administrator Regulation 2023-1
CANNABIS RETAILER TAX – REQUIREMENT TO REMIT QUARTERLY PAYMENTS BANNING MUNICIPAL CODE – CHAPTER 3.15.110 – ORDINANCE 1528

ADMINISTRATION OF TAX
A. It shall be the duty of the tax administrator to collect the taxes, penalties, fees, and perform the duties required by this chapter.

B. For purposes of administration and enforcement of this chapter generally, the tax administrator may from time to time promulgate such administrative rules and procedures consistent with the purpose, intent, and express terms of this chapter as he or she deems necessary to implement or clarify such provisions or aid in enforcement.

C. The tax administrator may take such administrative actions as needed to administer the tax, including, but not limited to:

1. Providing to all cannabis retailers forms for the reporting of the tax;

2. Receiving and recording all taxes remitted to the city as provided in this chapter;

3. Maintaining records of taxpayer reports and taxes collected pursuant to this chapter;

4. Assessing penalties and interest to taxpayers pursuant to this chapter;

5. Determining amounts owed and enforcing collection pursuant to this chapter; and

6. Establishing a reasonable process, including set times and secure conditions, whereby taxpayers can pay the taxes imposed by this chapter.

BANNING MUNICIPAL CODE – CHAPTER 3.15.060 – ORDINANCE 1528

REPORTING AND REMITTANCE OF TAX
A. The cannabis retailer tax imposed by this chapter shall be imposed on a fiscal year basis and shall be due and payable annually.

B. Each person owing a cannabis retailer tax shall, on or before the last day of the month following the close of each fiscal quarter, prepare and submit a tax statement on the form prescribed by the tax administrator and remit to the tax administrator the tax due.

C. Tax statements and payments for all outstanding taxes owed to the city are immediately due to the tax administrator upon cessation of a cannabis retailer for any reason.

D. The tax administrator may, at his or her discretion, establish shorter reporting and payment periods for any cannabis retailer tax.

BANNING MUNICIPAL CODE – CHAPTER 3.15.030 – ORDINANCES 1527 AND 1577

TAX IMPOSED ON CANNABIS RETAILERS
A. There is established and imposed upon each person who is engaged in business as a cannabis 1501 retailer an annual tax at the rates set forth in this chapter.

B. Every person operating a cannabis retailer shall pay to the city an annual tax in an amount equal to ten percent of the business' gross receipts.

C. This chapter is enacted solely to raise revenue for unrestricted general revenue and municipal purposes and is intended to be a general tax and is not a special tax. All of the proceeds from the tax imposed by this chapter shall be placed in the city's general fund to finance the general operations of the city. Such operations may include but are not limited to: paying for basic or enhanced law enforcement or public safety services, park, recreational, and senior services, neighborhood preservation, community services, code enforcement, infrastructure improvement and maintenance, and other such general services.

D. Every person operating a cannabis microbusiness shall pay a tax based on each component of their business (retail, manufacturing, distribution, and cultivation). For example, a cannabis microbusiness shall pay to the city the tax rates that are currently set as follows and that may be modified from time to time pursuant to Sections 3.15.050 and 3.17.050: ten percent of the gross receipts for the retail component of the business as set forth in Section 3.15.030(B); ten percent of the gross receipts for the manufacturing component of the business as set forth in Section 3.17.030(C); ten percent of the gross receipts for the distribution component of the business as set forth in Section 3.17.030(C); and for the cultivation component of the business, five dollars per square foot of canopy space for the first year (one dollar and twenty- five cents per quarter) that the cannabis microbusiness is in business, and ten dollars per square foot of canopy space for the second year, and every year thereafter that the cannabis microbusiness is in business (two dollars and fifty cents per quarter), as set forth in Section

3.17.030(B) and as modified by Section 3.17.050(C). For purposes of this subsection, a cannabis microbusiness is considered in business from the date the cannabis microbusiness obtains its certificate of occupancy. In the event of a conflict between the tax imposed by this Section and a modified tax imposed by Sections 3.15.050 or 3.17.050, the tax rates set forth in Sections 3.15.050 and 3.17.050 shall prevail.

UPDATED REMITTANCE
Based on the authority provided in Banning Municipal Code Section 3.15.060(D), the Tax Administrator is amending subsection (A) of Section 3.15.060 as follows:

A. The cannabis retailer tax imposed by this chapter shall be imposed on a quarterly basis and shall be due and payable quarterly and shall be remitted no later than forty five (45) calendar days after each quarter end.

Moreover on the authority provided in Banning Municipal Code Section 3.15.060 (D), the Tax Administrator is amending subsections (A) and (B) of Section 3.15.030 as follows:

A. There is established and imposed upon each person who is engaged in business as a cannabis retailer a quarterly tax at the rates set forth in this chapter.

B. Every person operating a cannabis retailer shall pay to the city a quarterly tax in an amount equal to ten percent of the business’ gross receipts.

IMPLEMENTATION GUIDANCE
Tax Administrator Regulation 2023-1 will take effect as of July 1, 2024. Quarter ending September 30, 2024, remittance due by November 14, 2024. Remittance of annual tax for Fiscal Year 2023-24 due by August 14, 2024.
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The City accepts the following methods of payment: Check, Money Orders, and Cash (payments by cash limited, call for an appointment if over $2,500)
City of Banning
Finance Department – Cannabis Tax Return
99 E. Ramsey Street, Banning, CA 92220
Phone (951) 922-3110 Fax (951) 922-3165
Website: www.banningca.gov

CANNABIS RETAIL SALES ACTIVITY

GROSS RECEIPTS TAX REMITTANCE FORM
Business Name: ___________________________________________ Address: ___________________________________________
Phone Number: ___________________________________________ Owner’s Name: ___________________________________________ E-mail: ___________________________________________
Pursuant to B.M.C. 3.15.030; (A) There is established and imposed upon each person who is engaged in business as a cannabis retailer an annual tax at the rates set forth in this chapter (B) Every person operating a cannabis retailer shall pay to the city an annual tax in an amount equal to ten percent of the business’ gross receipts. B.M.C. 3.15.060; (A) The cannabis retailer tax imposed by this chapter shall be imposed on a fiscal year basis and shall be due and payable annually. (B) Each person owing a cannabis retailer tax shall, on or before the last day of the month following the close of each fiscal quarter, prepare and submit a tax statement on the form prescribed by the tax administrator and remit to the tax administrator the tax due. (Ord. No. 1528, § 2, 12-11-18)
Fiscal Year: Qtr 1 (Jul-Sep) Due by Oct 31; Qtr 2 (Oct-Dec) Due by Jan 31; Qtr 3 (Jan-Mar) Due by Apr 30; Qtr 4 (Apr-Jun) Due by Jul 31 FOR QUARTER: ________________________ BUSINESS LICENSE # _____________________

1. GROSS RECEIPTS FOR THIS PERIOD $______________________

2. AMOUNT OF TAX DUE (Multiply Gross Receipts by 10% or .10) $______________________

3. PENALTY $______________________

4. TOTAL AMOUNTS DUE AND PAYABLE $______________________ I declare under penalty of perjury that to the best of my knowledge and belief, the statements herein are true and correct.

Authorized Signature ________________________________ Date ______________________ Name and Title of Authorized Person ______________________________________________ Remit to: City of Banning
Finance Department – Cannabis Tax
99 E. Ramsey St, Banning CA 92220
City of Banning Use Only:

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CONTRACT (C01179)

CITY OF BANNING CONTRACT FOR ENVIRONMENTAL CLEAN-UP, ABATEMENT AND

BUILDING DEMOLITION, REPPLIER PARK BY AND BETWEEN CITY OF BANNING AND ATI RESTORATION, LLC.

THIS CONTRACT (“Contract”) is made and entered this day of________________________ (“Effective Date”), by and between the CITY OF BANNING, a California municipal corporation (“City”) and ATI RESTORATION, LLC, a LIMITED LIABILITY COMPANY (“Contractor”). Contractor’s California State Contractor’s license number is 613991; Class -B, C15, C-2, C-6, C21, C47, C39. Contractor’s DIR registration number is 1000750223.

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

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

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Environmental Clean-Up, Abatement,and Building Demolition (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of Four Hundred Ninety-Four Thousand, Five Hundred Dollars ($494,500.00) in accordance with the prices as submitted in the Bid.

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

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

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

7. Workers’ Compensation. Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 8/20/2025
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comply with such provisions before commencing the performance of the Work of this Contract.”

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

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

10. Debarment or Suspension.

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

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

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

12. Signatures. Electronic Signatures: Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.

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

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

CITY OF BANNING
City Council Approval: ______________ By:

City Manager Date
ATTEST: APPROVED AS TO FORM:

By: By:

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

Name: Date
Title:

By:

Name: Date
Title:

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ATI Restoration LLC
Regional Vice President
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GENERAL PROVISIONS
SECTION 0. GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS
The 2021 edition of “Standard Specifications for Public Works Construction” (“Standard Specifications”), as amended by the Contract Documents, is incorporated into the Contract Documents by this reference.

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

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

Agency – The City of Banning.

Board – The City Council of the City of Banning.

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

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

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

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

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

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

Project – See Work.

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

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

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

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

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

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

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

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

SECTION 3. CONTROL OF THE WORK
3-1 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1446509
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agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

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

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

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

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

1. Permits issued by regulatory agencies with jurisdiction.

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

3. Contract/Agreement.

4. Bid.

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5. Special Provisions.

6. General Provisions.

7. Plans.

8. Standard Plans.

9. Standard Specifications.

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

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

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

The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents. No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City. 3-10 SURVEYING
3-10.1 General
The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq.). All Project surveying notes and “cutDocusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1448511
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sheets” are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor.

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

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

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

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

The Contractor shall deliver, handle, and store materials in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1449512
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installation coordination to ensure minimum holding or storage times for materials recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

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

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

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

The Contractor shall complete all Work under the Contract within Twenty-Five (25) Working Days from the Notice to Proceed.
3-13.2 Acceptance
The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all required Work is completed, the Work site is cleaned up in accordance with Section 3-12 of Part 1 of the Standard Specifications and the Special Provisions, and all of the following items have been received by the City Engineer:

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

2. All written guarantees and warranties;

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

4. All “as-builts”;

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

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

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

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

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

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

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

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

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

The Contractor and each Subcontractor shall comply with and be bound by the provisions of Labor Code Section 1771.4(a)(3), which requires that each Contractor and each Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner at least monthly, in a format prescribed by the Labor Commissioner.
5-3.4 Hours of Labor
The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of the Project by the Contractor or by any Subcontractor for each calendar Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1452515
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day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay. 5-3.5 Apprentices
The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on the Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 5-3.6 Debarment or Suspension
The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
5-3.7 Registration with the DIR
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. 5-3.8 Compliance Monitoring and Posting Job Sites
The Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.
5-3.9 Subcontractors
For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1453516
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such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure. 5-3.10 Prevailing Wage Indemnity
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.10 shall survive expiration or termination of the Contract.
5-4 INSURANCE
5-4.1 General
The first paragraph of Section 5-4.1 of Part 1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

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

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5-4.2.2 Additional Insureds
The City, its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. 5-4.2.3 No Limitation on Indemnity
The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in these Contract Documents.
5-4.2.4 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage required by this Section 5-4 during the term of the Contract. The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.
5-4.2.5 Certificates of Insurance with Original Endorsements The Contractor shall submit to the City certificates of insurance with the original endorsements, both of which reference the same policy number, for each of the insurance policies that meet the insurance requirements, not less than one (1) day before beginning of performance under the Contract. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.

Endorsements must be executed on forms titled approved by the City. The endorsements must specifically name the City of Banning and its elected and appointed officials, officers, employees, attorneys, agents, volunteers, and independent contractors in the role of City officials as insureds or additional insureds. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
5-4.2.6 Subcontractors
The Contractor shall require each of its Subcontractors that perform services under the Contract to maintain insurance coverage that meets all of the requirements of this Section 5-4. 5-4.2.7 Auto Liability
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 Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1455518
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performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
5-4.2.8 Insurance Requirements not Limiting
If the Contractor maintains broader coverage and/or higher limits than the minimums required in this Section 5-4, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract.

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

Section 5-8 is hereby added to Section 5 of Part 1 of the Standard Specifications, as follows:
5-8 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 5-4.1 of the Standard Specifications.
5-8.1 Contractor’s Duty
To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City and its elected officials, officers, attorneys, agents, employees, volunteers, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, stop payment notices, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged, or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual for whom the Contractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1456519
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defense. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. The City shall not be liable for any accident, loss, or damage to the Work prior to completion, except as otherwise specified in Section 6-5. 5-8.1.1 Taxes and Workers’ Compensation
The Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. The Contractor shall fully comply with the Workers’ Compensation law regarding the Contractor and the Contractor’s employees. The Contractor shall indemnify and hold the City harmless from any failure of the Contractor to comply with applicable Workers’ Compensation laws. The City may offset against the amount of any fees due to the Contractor under the Contract any amount due to the City from the Contractor as a result of the Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5-8.1.1.
5-8.1.2 Subcontractor Indemnity Agreements
The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5-8 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged, or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors, or their officers, agents, servants, or employees (or any entity or individual for whom the Contractor’s Subcontractor bears legal liability) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final court decision or by the agreement of the parties. 5-8.2 Workers’ Compensation Acts not Limiting
The Contractor’s indemnifications and obligations under this Section 5-8, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. The Contractor expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees, and volunteers.
5-8.3 Insurance Requirements not Limiting
The City does not, and shall not, waive any rights that it may possess against the Contractor because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5-8 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty, or interest asserted against the City.
5-8.4 Civil Code Exception
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Nothing in this Section 5-8 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 5-8.5 Nonwaiver of Rights
Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
5-8.6 Waiver of Right of Subrogation
The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 5-8.7 Survival of Terms
The Contractor’s indemnifications and obligations under this Section 5-8 shall survive the expiration or termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law.

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

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

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

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

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

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

The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.

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7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs. 11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting. 6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two (2) week “look ahead” schedule for each meeting. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.
6-1.2 Commencement of the Work
The Contractor shall not begin any construction activity at the site before the issuance of the Notice to Proceed. Any Work that is done by the Contractor in advance of the Notice to Proceed shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.

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

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

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

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

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6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General.

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

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

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

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

In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1461524
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Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.
6-9 LIQUIDATED DAMAGES
Section 6-9 of Part 1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:

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

Execution of the Contract shall constitute agreement by the City and the Contractor that $750.00 per Day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

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

SECTION 7. MEASUREMENT AND PAYMENT

7.3 PAYMENT

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

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

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

7.3.2.5.1 Substitution of Securities for Performance Retention At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld. The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1463526
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State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Contract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit with the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.

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

3.2.5.4 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon satisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section. The Contractor shall pay to each Subcontractor, not later than ten (10) Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.
7-3.2.5.3 Subcontractor Entitlement to Interest
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontractor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1464527
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Contractor shall pay each Subcontractor, not later than ten (10) Days after receipt of escrow moneys, the amount owed to each Subcontractor from the moneys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor.
7-3.2.5.4 Securities Eligible for Investment
Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.
7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f). 7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.

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

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

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

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

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

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

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

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

Delays in the Work resulting from the Contractor’s or its Subcontractor’s failure to comply with these regulations shall not be considered an unforeseen event entitling the Contractor to an extension of time or payment for delay pursuant to Section 6-4 of the Standard Specifications. 9-13 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony. 9-14 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.

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9-15 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action relating to the Contract shall be in Superior Court with geographic jurisdiction over the City.
9-16 TIME
Time is of the essence in these Contract Documents.
9-17 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents.

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

In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 9-20 TERM
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The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.
9-21 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other. 9-22 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

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

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

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

As required by Labor Code Section 6705 and in addition thereto, whenever work under the Contract that involves an estimated expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit for acceptance by the City in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefor shall be included in the price of the Contract. Nothing in this provision shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Docusign Envelope ID: 94071BAC-F07C-4EA9-9791-D905B4C0CC1B 1471534
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provision shall be construed to impose tort liability on the City or on any City officer, agent, Contractor, representative, or employee. All plans, processing and shoring costs are the Contractor’s responsibility and must be included in the Contractor’s bid.

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

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

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

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

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

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

Printed Name:

Title:

By:

Printed Name:

Title:

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

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

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

Agency: City of Banning
Phone Number: 951.922.3286
Contact Person: Carl Szoyka
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AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD

EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 4”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: ______________.

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five-Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty-Five Dollars and Sixty-Six Cents ($603,725.66). The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.

B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-ofscope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.

C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.

D. On August 23,2022 City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).

E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty-Eight Thousand Two Hundred Twenty-Two Dollars ($148,222.00) for a new contract total of Seven Hundred FiftyOne Thousand Nine Hundred Forty-Seven Dollars and Sixty-Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.

F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety-Six Thousand Seventy-Nine Dollars Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 May 27, 2025
1543 929
($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66).

G. On January 6, 2025, City and Consultant amended the Agreement to extend the Term of the Agreement to June 30, 2026.

H. City and Consultant now desire to amend the Agreement to modify the Scope of Services,and increase the Contract Sum to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-six Cents. ($1,305,106.66).

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. 4 shall not exceed Fifty-Seven Thousand Eighty Dollars ($57,080.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-six Cents. ($1,305,106.66).

Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 43, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, 3, and 4, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 4. In the event of a conflict between the provisions of this Amendment No. 4 and the provisions of the Agreement or Amendments No. 1 through 4, the provisions of this Amendment No. 4 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. 4.

2.3 Authority. The persons executing this Amendment No. 4 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. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) entering into this Amendment No.

Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 1544 930
4 does not violate any provision of any other agreement to which said party is bound.

1.3 Counterparts. This Amendment No. 4 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

1.4 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]
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 1545 931
The Parties are signing this Amendment No. 4 the date stated in the introductory clause.

CITY OF BANNING ALBERT A. WEBB ASSOCIATES, INC.

NAME:

TITLE:

NAME:

TITLE:

Robert Fisher,
Acting City Manager
City Council Approval: ___________
ATTEST:

Caroline Patton
Administrative City Clerk
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.

APPROVED AS TO FORM
Solvak, Baron, Empey, Murphy & Pinkney LLP
John O. Pinkley
City Attorney
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 Stephanie Standerfer
Vice President
RESO 2025-068
1546 932
ATTACHMENT “1”
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 1547 933
2020-0126
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com February 28, 2025
Revised April 23, 2025
Patrick Safari, CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: [email protected]
RE: Proposal for Contract Amendment No. 4 - Additional Environmental Services for Sun Lakes Boulevard Extension Project (PSA C00660)
Dear Patrick,
Pursuant to your request on February 6, 2025, and subsequent discussion on April 2, 2025, Albert A.

WEBB Associates (WEBB) is pleased to provide you with this proposal for additional services for the Sun Lakes Boulevard Extension Project. WEBB is currently under contract with the City to obtain regulatory permits for the project from the California Department of Fish and Wildlife (CDFW) and the Regional Water Quality Control Board (RWQCB).

Said permits have requirements that the City will need to fulfill prior to construction of the project which are outlined below in Task 1. Biological reporting and monitoring that is required during construction are not included herein, but as we have discussed with you, we understand the City will include the permitting-related tasks during construction to be included in the City’s forthcoming construction management contract.

Also included in this request is the City’s obligation for compensatory mitigation related to impacts to jurisdictional waters which are required to be fulfilled within 18 months of impacts. Task 2 includes WEBB’s assistance with the compensatory mitigation obligations.

Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 1548 934
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City of Banning
Scope of Work
Task 1: Biological Services During Construction
The Tasks below are related to the surveying and reporting requirements of the CDFW permit, RWQCB permit, as well as CEQA mitigation measures MM BIO-1 through MM BIO-4.1 WEBB will subcontract with Osprey Environmental Associates (Osprey) to fulfill these requirements.

Preconstruction Nesting Bird Survey and Report (corresponds to CDFW Measures 2.11.1 and 4.4; CEQA MM BIO-1)
Osprey will conduct preconstruction nesting bird surveys if vegetation clearance occurs outside the recommended window (September 1 – February 1). Surveys will be performed within three (3) days prior to construction initiation to identify active nests within 100 feet of the project site. A survey report by a qualified biologist verifying nest status will be submitted to the City of Banning prior to construction. If active nests are identified, species-specific measures will be implemented to prevent nest abandonment.

Burrowing Owl Pre-Construction Inspection Survey and Report (corresponds to CDFW Measure 2.12.4 and CEQA MM BIO-2)
A single preconstruction burrowing owl survey will be conducted within 3 days of vegetation removal or ground disturbance. The survey will comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and 2006 "Burrowing Owl Survey Instructions” and will cover entire the project site and within 150-meters. If burrowing owls are detected during the breeding season (February 1–August 31), a 300-foot buffer will be enforced around active burrows until nesting is complete. Following the survey, a burrowing owl pre-construction survey report will be prepared and submitted to WEBB in PDF format. The survey report will document the methods, results, and conclusion of the survey.

Crotch’s Bumble Bee (corresponds to CEQA MM BIO-3)
• Crotch’s Bumble Bee Habitat Mapping and Report (corresponds to CDFW Measure 2.14) Osprey will conduct habitat mapping for the Crotch’s bumblebee within the project footprint.

Mapping will identify habitat alliances following Sawyer et al. (2009). Following field mapping and no less than 120 days prior to the initiation of activities Osprey will complete and submit to CDFW a baseline habitat mapping report. The report will identify species composition for each mapped alliance and will be submitted to CDFW.
• Crotch’s Bumble Bee Draft Survey Plan (corresponds to CDFW Measure 2.15.2) A qualified Osprey biologist will prepare and submit to CDFW for review and comment a draft survey plan for Crotch’s bumble bee. The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow should Crotch’s bumble bee be detected within the project area. 1 There are a total of five mitigation measures for biological resources. MM BIO-5 is “Mitigation for Riparian/Riverine and Jurisdictional Impacts.” WEBB’s assistance with this is in Task 2, herein.

Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 1549 935
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City of Banning
The survey plan will be submitted no less than 90 days prior to initiation of project activities in suitable habitat.
• Crotch’s Bumble Bee Survey(s) and Report (corresponds to CDFW Measure 2.15.3) If habitat mapping identifies the presence of plants (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum, Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema) or other suitable habitat (i.e. nesting, foraging, and overwintering habitat), Osprey will conduct focused surveys for the Crotch’s bumblebee (CBB) following the approval and submittal of survey plan. Osprey will first conduct a literature review and records search for CBB occurrences within a 10-mile radius, utilizing the CDFW California Natural Diversity Database and iNaturalist.

Following the literature review, Osprey will conduct on-site CBB surveys following the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2023). These surveys will take place during the Colony Active Period (April-August) and when floral resources are available, ideally at peak bloom. A minimum of three surveys will be conducted, spaced 2-4 weeks apart between April and August. Surveys will be performed during daylight, beginning at least one hour after sunrise and ending at least two hours before sunset, ideally between 9:00 AM and 1:00 PM, with temperatures between 65°F and 90°F and wind speeds under 8 miles per hour. Each survey will cover at least one person-hour of search effort per three acres of suitable habitat.

Following the completion of the surveys, a report will be prepared summarizing the survey methods, findings, and conclusions. The report will also include a list of bee species observed and any accompanying photographs. Survey results will be submitted to CDFW before ground-disturbing activities begin. If an active CBB nest is detected, a no-disturbance buffer zone will be established, and CDFW will be notified.

Biological Worker’s Environmental Awareness Program (WEAP) and Invasive Species Education Program (corresponds to CDFW Measures 2.8 and 2.8.1; CEQA MM BIO-4) Osprey will develop and conduct a mandatory Biological Worker’s Environmental Awareness Program (WEAP) training for all construction personnel. This training will cover key topics, including CBB, burrowing owls, rare plant species, and riparian/riverine features. WEAP training will be coordinated with the paleontological WEAP. A recorded training will be prepared and available.

Further, included in the WEAP will be an additional discussion of the invasive species currently present within the project site as well as those that may pose a threat to or have the potential to invade the Project site. The discussion will include a physical description of each species and information regarding their habitat preferences, local and statewide distribution, modes of dispersal, and impacts. The invasive species education program will also include a discussion of Best Management Practices (BMPs) to be implemented at the Project site to avoid the introduction and spread of invasive species into and out of the Project site.

Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 1550 936
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City of Banning
WEBB Management of Biological Services
WEBB has budgeted 40 hours to manage and coordinate with Osprey related to Task 1 including reviewing documents, and meeting with the City.

UAV (Drone) Survey(s) (Optional)
Osprey can provide a drone survey of the project area to generate a high-resolution orthomosaic basemap, offering a temporally and spatially accurate depiction of the project site as is currently prior to construction and post-construction. This updated imagery can serve as a key reference for stakeholders, ensuring precise visualization of project lands, roads, and planned or constructed infrastructure. The orthomosaic will enhance project planning, coordination, and decision-making by delivering highly accurate spatial and visual data. The flight will be conducted by an Osprey FAA-licensed Remote Pilot in Command (RPIC) and a visual observer, ensuring full compliance with FAA regulations. The drone data collection and subsequent GIS analysis will be used to support all of Osprey’s reporting deliverables included herein. Deliverables will include a high-resolution orthomosaic base map, digital terrain model depicting project ground elevations, and a digital surface model depicting project surface elevations.

Although a temporally and spatially accurate orthomosaic basemap is informative and helpful, this optional service is not required in order to complete any of the aforementioned tasks.

Task 1 Assumptions
• None of the species identified above will be found on site. • This scope includes one (1) in-person WEAP training. Any additional training sessions will require a separate scope and fee.
• Materials required for delineating Environmentally Sensitive Areas (ESAs) or establishing nesting buffers are not included in this proposal. The cost of these materials will be billed directly to the client if not provided by the City.
• The preparation of a Burrowing Owl Mitigation Plan is not included. If required, Osprey will provide a separate scope and fee for this task.
• This proposal does not cover small mammal trapping or the preparation of a small mammal trapping survey report. If required, Osprey will provide an additional scope and fee for these efforts.
• Assistance with securing an Incidental Take Permit (ITP) from CDFW is not included. If required, Osprey can provide a separate scope and fee for this task.

Task 2: WEBB Assistance with Offsite Compensatory Mitigation Fulfillment (corresponds to CDFW Measure 3.3; CEQA MM BIO-5)
WEBB has included 50 hours to help the City to set up its compensatory mitigation obligation utilizing an offsite mitigation site owned by the City located southeast of the City’s wastewater treatment plant. We anticipate actions under this task will be to advise and support the City related to: finding a third party to hold a conservation easement/deed restriction(s) on the City’s property (City to retain Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 1551 937
WO: 2020-0126
City of Banning
fee title), negotiate and find the City a third party land manager and assist City with said agreement, and finding an entity to provide a non-wasting endowment. We understand the City will take lead on each of these tasks; therefore this budget is for things like attending meetings to provide project background and making connections to facilitate the process.

Budget
Our proposed budget for the services listed herein will be billed on a Time and Materials basis according to our existing contract for a total not to exceed of $57,080.

Environmental Services
Task 1 - Biological Services
Preconstruction Nesting Bird Survey and Report $ 4,660
Burrowing Owl Pre-Construction Inspection Survey and Report $ 6,230 Crotch’s Bumble Bee Habitat Mapping and Report $ 6,840
Crotch’s Bumble Bee Draft Survey Plan $ 4,350
Crotch’s Bumble Bee Survey(s) and Report $ 14,380
WEBB Management of Task 1 (40 hours) $ 7,150
Optional UAV (Drone) Survey $ 4,370
Task 2 - Management and Coordination for Offsite Mitigation $ 9,100 TOTAL $ 57,080
The following is a summary of original, current, and proposed authorizations according to our records.

WEBB Original Authorization: $548,416.05 plus $54,841.61 contingency for total of $603,725.66
Change Order No. 1 $24,983.25 (subtracted from contingency) Change Order No. 2 $5,974.88 (subtracted from contingency) City Council Resolution 2022-106 $129,400 (rescinded)
City Council Resolution 2022-139 $148,222
Change Order No. 3 $496,079
Current Authorization $1,248,026.66
Proposed Change Order $57,080
Total WEBB Authorization with Proposed
Change Order $1,305,106.66
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 1552 938
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City of Banning
If you find this request acceptable, please issue a contract amendment to our office. We appreciate this opportunity to be of service to the City and look forward to hearing from you. If you have any questions regarding this proposal, please call me at (951) 830-4305.

Sincerely,
ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE, TE
Senior Vice President
[email protected]
Copy: Stephanie Standerfer
Autumn DeWoody
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Page | 6
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 1554 940
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD

EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 3”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: ______________.

RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five-Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty Five Dollars and Sixty Six Cents ($603,725.66) The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.

B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-ofscope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.

C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.

D. On August 23,2022 City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).

E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty-Eight Thousand Two Hundred Twenty-Two Dollars ($148,222.00) for a new contract total of Seven Hundred FiftyOne Thousand Nine Hundred Forty-Seven Dollars and Sixty-Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.

F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety-Six Thousand Seventy-Nine Dollars Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 1/6/2025
1555 92
($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66).

G. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2026.

The Parties therefore agree follows:

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

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

2. Miscellaneous Provisions

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

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

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

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

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 1556 92
to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 1557 92
The Parties are signing this Amendment No. 3 the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:

TITLE:

City Council Approval: __n/a___________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 Stephanie Standerfer
Vice President
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