Agenda packet, regular meeting — Banning City Council, March 10, 2026 (part 5 of 13)

RESOLUTION 2026-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA FOR AN ADDITIONAL $1,600,000 FOR PLAN CHECK, INSPECTIONS AND RELATED ADMINISTRATIVE

SERVICES
WHEREAS, the Public Works Department administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure; and WHEREAS, as part of these responsibilities, staff manages public works projects related to private development and determined a need for additional resources in consideration of the current and anticipated increases in workload related to future private land development activities in order to maintain an acceptable level of service; and WHEREAS, on May 9, 2023, the City Council of the City of Banning adopted Resolution No. 2023-88 awarding a professional services agreement to Engineering Resources of Southern California (ERSC) in the amount of $550,000 for plan checks, inspections and related administrative services; and
WHEREAS, on January 9, 2024, the City Council adopted Resolution No. 2024-08 approving Amendment No. 1 to the professional services agreement with ERSC for an additional $450,000 for plan check, inspections and related administrative services; and WHEREAS, on April 9, 2024, the City Council adopted Resolution No. 2024-53 approving Amendment No. 2 to the professional services agreement with ERSC for an additional $900,000 for plan check, inspections and related administrative services and to extend the agreement to through June 30, 2025; and
WHEREAS, on December 10, 2024, the City Council adopted Resolution No. 2024-198 approving Amendment No. 3 to the professional services agreement with ERSC for an additional $1,000,000 for plan check, inspections and related administrative services; and WHEREAS, on September 9, 2025, the City Council adopted Resolution No. 2025-124 approving Amendment No. 4 to the professional services agreement with ERSC for an additional $500,000 for plan check, inspections and related administrative services; and WHEREAS, funds allocated to the current professional services agreement with ERSC will be exhausted as current authorized work is completed; and WHEREAS, the Public Works Department anticipated inspection fees for additional land development at Atwell and other projects throughout the City between now and the end of the fiscal year; and
WHEREAS, the amount of plan checks and inspections related to the Atwell Development have exceeded staff’s expectations and has resulted in a need to increase the Professional Services Agreement with ERSC by $1,600,000 in order to continue receiving their services; and 686
Resolution 2026-45

Page 2 of 5 ends

WHEREAS, an appropriation from the General Fund in the amount of $1,600,000 to Account No. 001-3000-442.33-53 is required to fund Amendment No. 5 and will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department in Account 001-3000-351.35-55; and
WHEREAS, the payment methodology for developer plan check project is being revised from a time and materials basis to a fixed fee basis consistent with the current users fees collected for plan checking purposes.

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

SECTION 1. The City Council approves Amendment No. 5 to the Professional Services Agreement with Engineering Resources of Southern California in the amount of $1,600,000 for an amended not-to-exceed contract amount of $5,000,000.

SECTION 2. The City Council approved the term extension of the Professional Services Agreement with Engineering Resources of Southern California to June 30, 2027.

SECTION 3. The City Council authorizes the City Manager to make non-substantive changes to Amendment No. 5 and to execute Amendment No. 5 with Engineering Resources of Southern California on behalf of the City Council.

SECTION 4. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.

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

PASSED, APPROVED AND ADOPTED this 10th day of March, 2025.

Richard Royce, Mayor
City of Banning
687
Resolution 2026-45

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ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLC
688
Resolution 2026-45

Page 4 of 5 ends

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-45, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of March 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
689
Resolution 2026-45

Page 5 of 5 ends

EXHIBIT A
Amendment No. 5
690
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT (C00805) FOR PLAN CHECK AND INSPECTION

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

THIS AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR PLAN CHECK AND INSPECTION SERVICES (“Amendment No. 5”) by and between the CITY OF BANNING (“City”) and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., a California corporation (“Consultant”) is effective as of this day: ______________.

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

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

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

D. City and Consultant have entered into an Amendment No. 3 to the Agreement dated December 12, 2024, to increase the Contract Sum to $2,900,000.00, as approved by City Council Resolution 2024-198.

E. City and Consultant have entered into an Amendment No. 4 to the Agreement dated September 17, 2025, to increase the Contract Sum to $3,400,000.00, as approved by City Council Resolution 2025-124.

F. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2027, increase the Contract Sum to $5,000,000.00, add a new exhibit to the Schedule of Compensation as Exhibit “C-2,” and amend Section 2.2 and

3.4. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. The maximum compensation for the Services performed pursuant to this Amendment No. 5 shall not exceed One Million Six Hundred Thousand Dollars ($1,600,000.00) thereby 691
increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Five Million Dollars ($5,000,000.00).

2. The document entitled “City of Banning – Public Works Department User Fees (Effective January 15, 2026 to December 31, 2026)”, attached hereto as Exhibit “C-2” and incorporated herein by this reference, is hereby added to the Agreement as Exhibit “C-2.” Exhibit “C-2” shall form part of the Schedule of Compensation and shall govern the rates and/or fixed fees applicable to Services performed during the effective period specified therein.

3. The Section 2.2 Method of Compensation will be deleted in its entirety and replaced with the following language:
“The method of compensation under this Agreement may include: (i) a fixed lump sum payment for completion of all or a portion of the Services, including as set forth in Exhibit “C-2”, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in Exhibit “C-1”, provided that time estimates are supplied for performance of sub-tasks and total compensation does not exceed the Contract Sum, or (iv) such other methods as may be expressly set forth in the Schedule of Compensation.

Where compensation is designated as a fixed fee pursuant to Exhibit “C-2,” such amount shall not be subject to adjustment based upon actual time or materials expended, except as otherwise authorized in writing pursuant to Section 1.8.”

4. The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2027, unless sooner terminated or extended as provided in the Agreement.

5. Miscellaneous Provisions
.1 Continued Effect of Agreement. Except as amended by this Amendment No. 5, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1, 2, 3,4 and 5. In the event of a conflict between the provisions of this Amendment No. 5 and the provisions of the Agreement or Amendment Nos. 1, 2, 3,4 and 5, the provisions of this Amendment No. 5 shall control.
.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. 5.
.3 Authority. The persons executing this Amendment No. 5 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. 5 on behalf of said party, 692
(iii) by so executing this Amendment No.5, such party is formally bound to the provisions of this Amendment No.5, and (iv) entering into this Amendment No. 5 does not violate any provision of any other agreement to which said party is bound.
.4 Counterparts. This Amendment No. 5 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
693
The Parties are signing this Amendment No. 5 on the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Elizabeth Gibbs,
City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Sandra Calderon
Acting Administrative City Clerk
APPROVED AS TO FORM:

Slovak Baron Empey Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
694
EXHIBIT “C-2”
CITY OF BANNING – PUBLIC WORKS DEPARTMENT USER FEES
(EFFECTIVE JANUARY 15, 2026 TO DECEMBER 31, 2026)
(ATTACHED BELOW)
695
City of Banning - Public Works Department
User Fees (Effective Jan 15, 2026 to Dec 31, 2026)
Description City Fee Plan Check Rate Unit
Under 10 Acres $5,761 $4,321 Ea
10 Acres or Greater $10,711 $8,033 Ea
Revisions $2,923 $2,192 Ea
4th Review (Or Additional) $1,862 $1,397 Ea
Under 10 Acres $3,609 $2,707 Ea
10 Acres or Greater $5,859 $4,394 Ea
Revisions $1,711 $1,283 Ea
4th Review (Or Additional) $1,187 $890 Ea
Traffic Study Screening Memo $300 $300 Ea
Traffic Study Scoping Agreement $2,164 $1,623 Ea
Traffic Impact Analysis $4,630 $3,473 Ea
Soils Report $3,373 $2,530 Ea
Base $8,715 n/a Ea
p/sht (Max Sheet Size is 36x48) $2,250 $2,250 p/sht
4th Review (Or Additional) $750 $563 p/sht
Base $8,715 n/a Ea
p/sht (Max Sheet Size is 36x48) $3,375 $3,375 p/sht
4th Review (Or Additional) $1,125 $844 p/sht
Residential $1,902 $1,427 Ea
Multi-Family and Other Non-Residential $4,501 $3,376 Ea 4th Review (Or Additional) $1,500 $1,125 p/sht
Under 10 Acres $6,814 $5,111 Ea
10 Acres or Greater $12,650 $9,488 Ea
Revisions $3,493 $2,620 Ea
4th Review (Or Additional) $4,053 $3,040 Ea
Under 10 Acres $3,555 $2,666 Ea
10 Acres or Greater $5,968 $4,476 Ea
Revisions $1,918 $1,439 Ea
4th Review (Or Additional) $2,543 $1,907 Ea
Conceptual Landscape Plan Review $663 $497 Ea
Flood Zone Development Review $2,165 $1,624 Ea
Consultant Service Cost + 15% Cost LS

ENGINEERING
Land Development Fees
Drainage Study (Preliminary and Final)
Water Quality Management Plan (Preliminary and Final)
Tentative Parcel Map
Tentative Tract Map
Site Plan
Preliminary Grading Plan
Utility Site Plan
User Fees: Adopted November 12, 2025, Resolution 2025-156, Effective 1/15/26 through 12/31/26 Annual CPI-U for Riverside/San Bernardino/Ontario factor of 0.0% applied based on Sept 25 to Sept 26 data 696 City of Banning - Public Works Department
User Fees (Effective Jan 15, 2026 to Dec 31, 2026)
Base $5,186 n/a Base
Per Lot $300 $300 p/lot
Fourth or Subsequent Review $689 $517 p/sht
Amended Final Map $4,273 $3,205 p/sht
Condominium Plan Cost + 15% Cost LS
Certificate of Correction $1,049 $787 Ea
Certificate of Compliance $4,596 $3,447 Ea
Dedication Document (ROW or Easement) $2,625 $1,969 Ea
Street Vacation $2,625 $1,969 Ea
Lot Line Adjustment $2,625 $1,969 Ea
Lot Merger $2,625 $1,969 Ea
Consultant Service Cost + 15% Cost LS
Base $3,209 n/a Base
p/sht $1,045 $1,045 p/sht
Base $4,254 n/a Base
p/sht $1,913 $1,913 p/sht
Base $2,347 n/a Base
p/sht $300 $300 p/sht
Base $4,949 n/a Base
p/sht $573 $573 p/sht
Base $1,154 n/a Base
p/sht $1,393 $1,393 p/sht
Fourth or Subsequent Review $464 $348 p/sht
Other Improvement Plans: As Directed by City Engineer Cost + 15% Cost LS Special District Annexation Cost + 15% Cost LS
Plan Review
Final Map/Easement Review
Final Map:

Miscellaneous Fees
Grading:

Precise Grading:

Erosion Control (If Separate from Grading Plan):

Improvement Plan Review (Street, Signing and Striping, Traffic Signal, Traffic Control, Storm Drain, Channel, Sewer, Water, Non-Potable Water, Landscape):

Plan Revisions:

User Fees: Adopted November 12, 2025, Resolution 2025-156, Effective 1/15/26 through 12/31/26 Annual CPI-U for Riverside/San Bernardino/Ontario factor of 0.0% applied based on Sept 25 to Sept 26 data 697

CITY OF BANNING

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

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

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

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

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

BACKGROUND:

The Public Works Department, currently staffed with three full-time engineers and one inspector, administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure. In addition to managing public works projects, staff is also responsible for processing private land development projects related to Public Works responsibilities ( e.g. infrastructure, grading, storm water, etc.). Due to current and anticipated upcoming workloads related to private development ( e.g. Atwell, Rancho San Gorgonio) the need to establish an agreement with a firm to continue providing plan check, inspection and related administrative services is necessary in order to maintain an acceptable level service.
39 698
Staff Report: Resolution 2023-88, Award Plan Check Services May 9, 2023

Page 2 of 3 ends

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

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

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

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

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

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

JUSTIFICATION:

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

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

FISCAL IMPACT:

The approved Fiscal Year 2023/2024 budget includes $ 550,000 in the Engineering Fund, Account No. 001-3000-442.33-53 which will be allocated to fund the Agreement with 40 699
Staff Report: Resolution 2023-88, Award Plan Check Services May 9, 2023

Page 3 of 3 ends

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

ALTERNATIVES:

1. Approve as recommended.

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

ATTACHMENTS:

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

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

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

Douglas Schulze
City Manager
41 700
RESOLUTION 2023-88

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

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

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

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

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701
WHEREAS, agreements will be for plan check, inspection and related administrative services on an as needed basis valid through June 30, 2024 with the option to renew for four ( 4) additional single years; and
WHEREAS , the approved Fiscal Year 2023/ 2024 budget includes $ 550, 000 in the Engineering Fund, Account No. 001- 3000- 442 .33- 53 which will be allocated to fund the Agreement with Engineering Resources of Southern California. The expense will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department.

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

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

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

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

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

PASSED, APPROVED AND ADOPTED this 9th day of May7
ATTEST:

Caroline Patton , Dep
City of Banning
Resolution 2023- 88

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Alberto Sa ', hez, Mayor
City of B · ning
702

APPROVEDASTOFORMAND
LEGAL CONTENT:

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

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703
CERTIFICATION:

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

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

NOES:

ABSENT:

ABSTAIN:

Resolution 2023- 88

Page 4 of 4 ends

Caroline Patton, De ty City Clerk
City of Banning , Californl a
704

CITY OF BANNING

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

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

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

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

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

BACKGROUND:

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

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

JUSTIFICATION:

Due to current and an anticipated workload related to private land development activities, the Public Works Department has recognized a need for additional resources to provide plan check and inspection 1 705
services in a timely manner and to maintain an acceptable level service.

FISCAL IMPACT:

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

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

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

ALTERNATIVES:

1. Approve as recommended.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2024-08.pdf

2. Amendment No.1 to PSA Plan Check and Insp.pdf
2 706
RESOLUTION 2024- 08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA FOR AN ADDITIONAL $ 450, 000

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

SECTION 1. The City Council approves Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California and authorizes the City Manager to sign said amendment.

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.

Resolution 2024- 08

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707
PASSED , APPROVED AND ADOPTED this 9th day of January 2024 .

ATTEST:
d~ rk
City of Banning

APPROVEDASTOFORMAND
LEGAL CONTENT:

Serita R. Young , City Attorney
Richards , Watson & Gershon
Resolution 2024-08

Page 2 of 4 ends

708
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2024- 08 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 9th day of January 2024 by the following vote , to wit:

AYES: Flynn , Minjares , Sanchez , and Wallace .

NOES:

ABSENT :

ABSTAIN :

Resolution 2024- 08

Page 3 of 4 ends

Caroline Patton , Admini
City of Banning , California
709
Resolution 2024- 08

Page 4 of 4 ends

EXHIBIT A
Amendment No. 1
710
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
C00805) FOR PLAN CHECK AND INSPECTION SERVICES BY AND

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

THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR DESIGN SERVICES (" Amendment No. 1 ") by and between the CITY OF BANNING (" City") and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., a California corporation (" Consultant") is effective as of this day:

RECITALS
A. City and Contractor entered into that certain Contract dated July 1, 2023 for the purpose of providing Plan Check and Inspection Services (" Agreement") following Request for Proposals ( RFP No. 23-001), Plan Check and Inspection Services.

B. City and Contractor now desire to amend the Agreement to increase the Contract Sum to ($1,000,000.00).

The Parties therefore agree follows:

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

1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 1 shall not exceed Four Hundred Fifty Thousand Dollars 450,000.00) thereby increasing the Contract Sum, as set forth in Section 2.1 ofthe Agreement, to One Million Dollars ($1,000,000.00).

2. · Miscellaneous Provisions

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

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

2.3 Authority. The persons executing this Amendment No. 1 on behalf ofthe parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, 711
iii) by so executing this Amendment No. 1, such party is formally bound to the provisions ofthis Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

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

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

SIGNATURE PAGE FOLLOWS]
712
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.

CITY OF BANNING
Douglas Schulze,
City Manager
City Council Approval: ______ _
ATTEST:

Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
Serita R. Young
City Attorney

CONTRACTOR
NAME:

TITLE:

NAME:

TITLE:

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 CONTRACTOR' S BUSINESS ENTITY.
713

CITY OF BANNING

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

Adopt Resolution 2024-54.

BACKGROUND:

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

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

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

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

JUSTIFICATION:
1 714
Due to current and an anticipated workload related to private land development activities, the Public Works Department has recognized a need for additional resources to provide plan check and inspection services in a timely manner and to maintain an acceptable level service.

FISCAL IMPACT:

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

ALTERNATIVES:

1. Adopt Resolution 2024-54, as recommended.

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

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

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

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

3. CC Resolution No. 2023-088.pdf

4. CC Resolution No. 2024-008.pdf
2 715
RESOLUTION 2024- 54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA TO INCREASE THE TOTAL COMPENSATION BY $ 900, 000 AND TO EXTEND THE TERM OF THE AGREEMENT THROUGH JUNE 30, 2025 FOR PLAN CHECK, INSPECTIONS AND RELATED

ADMINISTRATIVE SERVICES
WHEREAS, the Public Works Department administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure; and, WHEREAS, as part of these responsibilities, staff manages public works projects related to private development and determined a need for additional resources in consideration of the current and anticipated increases in workload related to future private land development activities in order to maintain an acceptable level of service; and, WHEREAS, on May 9, 2023, the City Council of the City of Banning adopted Resolution No. 2023- 88 awarding a professional services agreement to Engineering Resources of Southern California ( ERSC) for plan checks, inspections and related administrative services in the amount of $550, 000 (" Agreement"); and,
WHEREAS, on January 9, 2024, the City Council of the City of Banning adopted Resolution No. 2024- 08 approving Amendment No. 1 to the Agreement, increasing the total Contract Sum under the Agreement by $ 450, 000 for plan checks, inspections and related administrative services; and,
WHEREAS, funds allocated to the Agreement, as amended, will be exhausted by May 2024; and,
WHEREAS, the term of the Agreement will expire on June 30, 2024; and, WHEREAS, the amount of plan checks and inspections related to the Atwell Development and other subdivision developments have exceeded staff' s expectations and has resulted in a need to increase the total Contract Sum under the Agreement by $ 900, 000 and to extend the term of the Agreement to June 30, 2025, in order to continue receiving services under the Agreement; and,
WHEREAS, an appropriation from the General Fund in the amount of $900, 000 to Account No. 001- 3000- 442. 33- 53 is required to fund Amendment No. 2 and will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department.

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

SECTION 1. The City Council approves Amendment No. 2 to the Professional Services Agreement with Engineering Resources of Southern California, attached hereto as Exhibit A, and authorizes the City Manager to make non- substantial changes to Amendment No. 2 and to sign said amendment.

Resolution 2024- 54

Page 1 of 4 ends

716
SECTION 2. The City Counc il 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 the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions .

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

ATTEST:

Caroline Patton , Admin
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards , Watson & Gershon
Resolution 2024- 54

Page 2 of 4 ends

Alberto Mayor
City of
717
CERTIFICATION:

I, Caroline Patton , Administrative City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2024- 54 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 9th day of April 2024 by the following vote, to wit:

AYES:

NOES :

ABSENT:

ABSTAIN:

Happe , Minjares, Sanchez, and Wallace.

Flynn .

Caroline Patton, Adminis. tiveCJtyClerk
City of Banning, California
Resolution 2024- 54

Page 3 of 4 ends

718
Resolution 2024- 54

Page 4 of 4 ends

EXHIBIT A
Amendment No. 2
719
AMENDMENT NO. 2 TO PROFESSIONAL SER~ CES AGREEMENT
C00805) FOR[rLAN CHECK AND INSPECTION.} SERVICES BY AND

BETWEEN CITY BANNING AND ENGINEERING RESOURCES
OF UTHERN CALIFORNIA, INC.

NT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT FORBf!~ Ei' N SERVICES (" Amendment No. 2") by and between the CITY OF BANNING (" City") and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., a California corporation (" Consultant") is effective as of this day:

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

B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated January 11, 2024 to increase the Contract Sum to $ 1,000, 000. 00, as approved by City Council Resolution 2024- 08.

C. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2025 and increase the Contract Sum to $ 1,900, 000. 00.

The Parties therefore agree follows:

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

1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 2 shall not exceed Nine Hundred Thousand Dollars 900, 000. 00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Nine Hundred Thousand Dollars 1,900, 000. 00).

1.2 The Term of the Agreement, as set forth in Section 3 .4 of the Agreement, is hereby extended through June 30, 2025, 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. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term Agreement" appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. I and 2. In the event of a conflict between the 720
provisions of this Amendment No. 2 and the provisions of the Agreement or Amendment Nos. 1 and 2, the provisions ofthis Amendment No. 2 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. 2.

2.3 Authority. The persons executing this Amendment No. 2 on behalfofthe parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalfofsaid party, iii) by so executing this Amendment No. 2, such party is formally bound to the provisions ofthis Amendment No. 2, and (iv) entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 2 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

SIGNATURE PAGE FOLLOWS]
721
The Parties are signing this Amendment No. 2 on the date stated in the introductory clause.

CITY OF BANNING
Douglas Schulze,
City Manager
City Council Approval: _____ _
ATTEST:

Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
Serita R. Young
City Attorney

CONSULTANT
NAME:

TITLE:

NAME:

TITLE:

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.
722

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Acting City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: December 10, 2024
SUBJECT: Consideration of Resolution 2024-198, Approving Amendment No. 3 to the Professional Services Agreement with Engineering Resources of Southern California for an additional $1,000,000 for Plan Check, Inspections and Related Administrative Services
RECOMMENDATION:

Adopt Resolution 2024-198.

BACKGROUND:

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

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

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

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

All plan check and inspection fees are pass through user fees. The Public Works Department assesses plan check and inspection fees to tract home developers based on City Council approved rates. With the 7231
allocation considered in Amendment No. 3, Public Works staff will not authorize ERSC to commence with work until the user fees have been collected for said work. In the event that development activities stops within the Atwell project, the user fees will not be collected, work will not be authorized, plan check and inspection services will not be initiated, and the full requested amount in Amendment No. 3 will not be utilized.

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

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

JUSTIFICATION:

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

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

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

FISCAL IMPACT:

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

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

ALTERNATIVES:

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

BUDGETED?:

Yes
CONTRACT/AGREEMENT:
7242
Yes
ATTACHMENTS:

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

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

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

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

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

6. SR and Reso 2024-166 Award Ramsey Street Water Line.pdf 7253
Resolution 2024-198

Page 1 of 4 ends

RESOLUTION 2024-198

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

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

SERVICES
WHEREAS, the Public Works Department administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure; and WHEREAS, as part of these responsibilities, staff manages public works projects related to private development and determined a need for additional resources in consideration of the current and anticipated increases in workload related to future private land development activities in order to maintain an acceptable level of service; and WHEREAS, on May 9, 2023, the City Council of the City of Banning adopted Resolution No. 2023-88 awarding a professional services agreement to Engineering Resources of Southern California (ERSC) in the amount of $550,000 for plan checks, inspections and related administrative services; and
WHEREAS, on January 9, 2024, the City Council adopted Resolution No. 2024-08 approving Amendment No. 1 to the professional services agreement with ERSC for an additional $450,000 for plan check, inspections and related administrative services; and WHEREAS, on April 9, 2024, the City Council adopted Resolution No. 2024-53 approving Amendment No. 2 to the professional services agreement with ERSC for an additional $900,000 for plan check, inspections and related administrative services and to extend the agreement to through June 30, 2025; and
WHEREAS, funds allocated to the current professional services agreement with ERSC will be exhausted as current authorized work is completed; and WHEREAS, the Public Works Department anticipated inspection fees for additional land development at Atwell and other projects throughout the City between now and the end of the fiscal year; and
WHEREAS, the Public Works Department will require inspection services for the Ramey Waterline Upsizing capital improvement project approved by City Council on October 22, 2024 via Resolution No. 2024-166. An appropriation from the Water Capital Facilities Fund (661) in the amount of $200,000 to Account 661-6300-471.95-10 is required to fund said services; and WHEREAS, the amount of plan checks and inspections related to the Atwell Development have exceeded staff’s expectations and has resulted in a need to increase the Professional Services Agreement with ERSC by $800,000 in order to continue receiving their services; and, WHEREAS, an appropriation from the General Fund in the amount of $800,000 to Account No. 001-3000-442.33-53 is required to fund Amendment No. 1 and will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department.
7264
Resolution 2024-198

Page 2 of 4 ends

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

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

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

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

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

PASSED, APPROVED AND ADOPTED this 10th day of December 2024.

Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
7275
Resolution 2024-198

Page 3 of 4 ends

CERTIFICATION:

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

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
7286
Resolution 2024-198

Page 4 of 4 ends

EXHIBIT A
Amendment No. 3
7297
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT (C00805) FOR PLAN CHECK AND INSPECTION

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

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

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

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

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

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

The Parties therefore agree follows:

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

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

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

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 3, all provisions of the Agreement shall remain unchanged and in full force and 7308
effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1, 2, and 3. In the event of a conflict between the provisions of this Amendment No. 3 and the provisions of the Agreement or Amendment Nos. 1, 2, and 3, the provisions of this Amendment No. 3 shall control.

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

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

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

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
7319
The Parties are signing this Amendment No. 3 on the date stated in the introductory clause.

CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:

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

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
73210

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer MEETING DATE: September 9, 2025
SUBJECT: Consideration of Resolution 2025-124, Approving Amendment No. 4 to the Professional Services Agreement with Engineering Resources of Southern California for an additional $500,000 for Plan Check, Inspections and Related Administrative Services
RECOMMENDATION:

Adopt Resolution 2025-124
BACKGROUND:

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

On December 10, 2024, the City Council adopted Resolution 2025-198 approving Amendment No. 3 to the professional services agreement with ERSC for an additional $1,000,000 for plan check, inspections, and related administrative services.

ERSC primarily provides plan check and inspection services to the Atwell project, and that project’s vast onsite and offsite civil improvements. They will also provide primary plan check services for the Rancho San Gorgonio project as they prepare entitlement documents and final engineering/construction drawings.

All plan check and inspection fees are pass through user fees. The Public Works Department assesses plan check and inspection fees to tract home developers based on City Council approved rates. With the 1 Art Vela, Interim City Manager
733
allocation considered in Amendment No. 4, Public Works staff will not authorize ERSC to commence with work until the user fees have been collected for said work. In the event that development activities stops within the Atwell project, the user fees will not be collected, work will not be authorized, plan check and inspection services will not be initiated, and the full requested amount in Amendment No. 4 will not be utilized.

JUSTIFICATION:

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

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

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

FISCAL IMPACT:

If approved, Amendment No. 4 would increase the Professional Services Agreement with ERSC to a “not to exceed” amount of $3,400,000. Amendment No. 4 would require an appropriation of $500,000 from the General Fund to Account No. 001-3000-442.33-53 would be required to cover continued plan check and inspection services.

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

ALTERNATIVES:

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-124 - ERSC Amendment No. 4.docx

2. Att 1 - SR and Reso 2023-088.pdf

3. Att 2 - SR and Reso 2024-08 ERSC Amendment 1.pdf

4. Att 3 - SR and Reso 2024-54 ERSC Amendment 2.pdf

5. Att 4 - SR and Reso 2024-198 ERSC Amendment 3.pdf

6. Amendment No.4 to PSA Plan Check and Insp.docx
2 734
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council approves Amendment No. 4 to the Professional Services Agreement with Engineering Resources of Southern California in the amount of $500,000 for an amended not-to-exceed contract amount of $3,400, 000.

SECTION 2. The City Council authorizes the City Manager to make non- substantive changes to Amendment No. 4 and to execute Amendment No. 4 with Engineering Resources of Southern California on behalf of the City Council.

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

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

PASSED, APPROVED AND ADOPTED this 9th day of September 2025.

ATTEST:

Sandra Calderon, Acting Administrative
City Clerk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

JohpP
Resolution 2025- 124

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Shern= Iynn, Mayor
City of Banning
735
CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025- 124, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of September 2025 by the following vote, to wit:

AYES: : Barrington, Flynn, Miller, Royce, Wallace
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2025- 124

Page 3 of 4 ends

Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
736
RESOLUTION 2025- 124

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA FOR AN ADDITIONAL $ 500,000

FOR PLAN CHECK, INSPECTIONS AND RELATED ADMINISTRATIVE SERVICES WHEREAS, the Public Works Department administers an array of services including management of capital improvement and infrastructure projects related to the design and construction of water, wastewater, streets, storm drain and building infrastructure; and WHEREAS, as part of these responsibilities, staff manages public works projects related to private development and determined a need for additional resources in consideration of the current and anticipated increases in workload related to future private land development activities in order to maintain an acceptable level of service; and WHEREAS, on May 9, 2023, the City Council of the City of Banning adopted Resolution No. 2023- 88 awarding a professional services agreement to Engineering Resources of Southern California ( ERSC) in the amount of $ 550, 000 for plan checks, inspections and related administrative services; and
WHEREAS, on January 9, 2024, the City Council adopted Resolution No. 2024- 08 approving Amendment No. 1 to the professional services agreement with ERSC for an additional 450, 000 for plan check, inspections and related administrative services; and WHEREAS, on April 9, 2024, the City Council adopted Resolution No. 2024- 53 approving Amendment No. 2 to the professional services agreement with ERSC for an additional $ 900, 000 for plan check, inspections and related administrative services and to extend the agreement to through June 30, 2025; and
WHEREAS, on December 10, 2024, the City Council adopted Resolution No. 2024- 198 approving Amendment No. 3 to the professional services agreement with ERSC for an additional 1,000, 000 for plan check, inspections and related administrative services; and WHEREAS, funds allocated to the current professional services agreement with ERSC will be exhausted as current authorized work is completed; and WHEREAS, the Public Works Department anticipated inspection fees for additional land development at Atwell and other projects throughout the City between now and the end of the fiscal year; and
WHEREAS, the amount of plan checks and inspections related to the Atwell Development have exceeded staff' s expectations and has resulted in a need to increase the Professional Services Agreement with ERSC by $ 500, 000 in order to continue receiving their services; and, WHEREAS, an appropriation from the General Fund in the amount of $500, 000 to Account No. 001- 3000- 442. 33-53 is required to fund Amendment No. 4 and will be directly offset by revenues collected from plan check and inspection fees collected by the Public Works Department.

Resolution 2025- 124

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737
Resolution 2025- 124

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EXHIBIT A
Amendment No. 4
738
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT ( C00805) FOR PLAN CHECK AND INSPECTION

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

THIS AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR PLAN CHECK AND INSPECTION SERVICES (" Amendment No. 4") by and between the CITY OF BANNING (" City") and ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., a California corporation (" Consultant") is effective as of this day: ------

B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated January 11, 2024 to increase the Contract Sum to $ 1,000, 000. 00, as approved by City Council Resolution 2024- 08.

C. City and Consultant have entered into an Amendment No. 2 to the Agreement dated April 4, 2024 to increase the Contract Sum to $ 1,900, 000. 00, as approved by City Council Resolution 2024- 54.

D. City and Consultant have entered into an Amendment No. 3 to the Agreement dated December 12, 2024 to increase the Contract Sum to $ 2,900, 000. 00, as approved by City Council Resolution 2024- 198.

E. City and Consultant now desire to amend the Agreement to increase the Contract Sum to $ 3,400, 000. 00.

The Parties therefore agree follows:

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

1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 4 shall not exceed Five Hundred Thousand Dollars 500, 000. 00) thereby increasing the Contract Sum, as set forth in Section 2.1 739
of the Agreement, to Three Million Four Hundred Thousand Dollars 3,400, 000. 00).

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 4, all provisions of the Agreement 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, 2, 3, and 4. In the event of a conflict between the provisions of this Amendment No. 4 and the provisions of the Agreement or Amendment Nos. 1, 2, 3, and 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. 4 does not violate any provision of any other agreement to which said party is bound.

2.4 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.

SIGNATURE PAGE FOLLOWS)
740
The Parties are signing this Amendment No. 4 on the date stated in the introductory clause.

CITY OF BANNING
Art Vela,
Interim City Manager
City Council Approval: ______ _
ATTEST:

Sandra Calderon
Acting Administrative City Clerk
APPROVED AS TO FORM:

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

CONSULTANT
NAME:

TITLE:

NAME:

TITLE:

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.
741

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: March 10, 2026
SUBJECT: Consideration of Resolution 2026-46, Awarding a Professional Services Agreement for the Indian School Lane Bridge Structure Emergency Repair Engineering Services to Kimley-Horn and Associates; Inc. in the amount of $187,759, and approving a 10% contingency for a total budget of “Not-to-Exceed” $206,534.90
RECOMMENDATION:

Adopt Resolution 2026-46
BACKGROUND:

In September 2025, City utility staff were conducting repairs for a water leak on Indian School Road, between 4th Street and Pendelton Road. During the repair work, staff observed significant cracking in the bridge structure over the drainage channel adjacent to the water leak location. Engineering staff were immediately notified and conducted a preliminary assessment, confirming that the structural distress posed a potential and immediate risk to public safety. Due to the unknown extent of the damage and the potential for imminent failure, the City made the decision to close Indian School Lane to through traffic in the interest of public safety.

Kimley-Horn and Associates, Inc. ("Kimley-Horn"), a pre-qualified firm on the City's adopted On-Call Engineering Services list, was engaged to perform the initial inspection. On September 25, 2025, KimleyHorn completed a site visit and subsequently provided an observation memo documenting the structural deficiencies and recommending a path forward for either repair or replacement of the structure.

Based on the findings of the initial inspection, a comprehensive design effort is required to develop a permanent solution. On November 13, 2025, Kimley-Horn provided a proposal for the engineering design services necessary to replace the failing structure with a new Caltrans standard box culvert. The scope of work includes geotechnical investigation, hydrology and hydraulic analysis, and the development of full construction documents (Plans, Specifications, and Estimate).

JUSTIFICATION:

The integrity of the Indian School Lane bridge structure is critical for public safety. The observed fatigue and cracking create an imminent danger of structural failure. If left unaddressed, a collapse could result in injury or loss of life, significant property damage, and substantial liability to the City.

Staff is recommending emergency procurement due to the following reasons:

Emergency Circumstances: The standard competitive bidding process, while ideal for fiscal 742
transparency under normal conditions, requires multiple sequential steps. In an emergency, this timeframe is impractical and could delay critical response efforts. Emergency procurement procedures allow the City to act immediately to protect public safety, while still adhering to required accountability standards.

Vendor Selection: Kimley-Horn is a pre-qualified firm on the City’s adopted On-Call Engineering Services list. Being on this list means the firm has already undergone a rigorous vetting process to demonstrate its technical qualifications, financial stability, and professional reputation. Kimley-Horn was available to respond immediately, which was crucial in a time-sensitive emergency.

Furthermore, Kimley-Horn's familiarity with the area, having worked on the adjacent Indian Canyon Debris Basin Project, provides continuity and efficiency.

FISCAL IMPACT:

Staff recommends awarding a Professional Services Agreement to Kimley-Horn in the amount of $187,759 and approving a 10% contingency in the amount of $18,775.90 for a total “not-to-exceed” project budget of $206,534.90.

An appropriation from Measure “A” Fund Balance in the amount of $187,759 to Account No. 101-4900- 431.90-10 Measure "A" Streets Highways line item is necessary to fund the Professional Services Agreement with Kimley-Horn.

ALTERNATIVES:

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution_2026-46.docx

2. Indian School Bridge Structure Observation _Memo.pdf

3. Kimley-Horn Proposal.pdf

4. Contract No.C01248-KIMLEY-HORN.pdf
743
Resolution 2026-46

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RESOLUTION 2026-46

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE INDIAN SCHOOL LANE

BRIDGE STRUCTURE EMERGENCY REPAIR ENGINEERING SERVICES TO KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $187,759, AND APPROVING A 10% CONTINGENCY FOR A TOTAL BUDGET OF “NOT-TO-EXCEED” $206,534.90 WHEREAS, in September 2025, while City utility staff were conducting repairs for a water leak on Indian School Road, between 4th Street and Pendelton Road, staff observed significant cracking in the bridge structure over the drainage channel adjacent to the water leak location; and WHEREAS, engineering staff were immediately notified and conducted a preliminary assessment, confirming that the structural distress posed a potential and immediate risk to public safety; and
WHEREAS, on September 25, 2025, Kimley-Horn completed a site visit and subsequently provided an observation memo documenting the structural deficiencies and recommending a path forward for either repair or replacement of the structure; and WHEREAS, on November 13, 2025, Kimley-Horn provided a proposal for the engineering design services necessary to replace the failing structure with a new Caltrans standard box culvert. The scope of work includes geotechnical investigation, hydrology and hydraulic analysis, and the development of full construction documents (Plans, Specifications, and Estimate); and
WHEREAS, the integrity of the Indian School Lane bridge structure is critical for public safety. The observed fatigue and cracking create an imminent danger of structural failure and if left unaddressed, a collapse could result in injury or loss of life, significant property damage, and substantial liability to the City; and
WHEREAS, staff recommends awarding a Professional Services Agreement to KimleyHorn in the amount of $187,759 and approving a 10% contingency in the amount of $18,775.90 for a total “not-to-exceed” project budget of $206,534.90; and WHEREAS, an appropriation from Measure “A” Fund in the amount of $187,759 to Account No. 101-4900-431.90-10 is necessary to fund the Professional Services Agreement with KimleyHorn.

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

SECTION 1. The City Council approves the Professional Services Agreement with Kimley-Horn for Indian School Lane bridge structure emergency repair engineering services in the amount of $187,759 and approving a 10% contingency for a total budget of “not-to-exceed” $206,534.90.

SECTION 2. The City Council authorizes the City Manager, or designee, to execute the Professional Services Agreement with Kimley-Horn.
744
Resolution 2026-46

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SECTION 3. The City Council authorizes the City Manager to make non-substantive changes and to execute the Professional Services Agreement with Kimley-Horn.

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

PASSED, APPROVED AND ADOPTED this 10th day of March 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
745
Resolution 2026-46

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CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-46, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of March 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
746
Resolution 2026-46

Page 4 of 4 ends

EXHIBIT A
Professional Services Agreement with Kimley-Horn
747
Indian School Lane – Structure Observation Page 3 of 4
City of Banning September 25, 2025
Memorandum
To: Nathan Smith, City of Banning
From: Andrew Sanford, P.E. Kimely-Horn

Re: Indian School Lane – Structural Observations
Existing Concrete Structure Supporting Indian School Lane

Date: September 25, 2025

The purpose of this memorandum is to document our observations and recommendations for the existing concrete structure located on Indian School Lane that spans an old flood control channel in the City of Banning. The city identified potential problems with this structure during a water line repair.

As-built plans or record information on the existing structure is not available. Therefore, it is not possible to determine the dimensions, reinforcement, and overall load carrying capacity of this small structure.

Visual Observation
On Thursday, September 25, 2025, our team visited the site and met City of Banning staff who provided access to the culvert via a ladder down from Indian School Lane. Our team observed the features of the existing concrete structure that supports Indian School Lane over the existing concrete channel. We took measurements of the structure, sounded the concrete and visually observed the readily visible features of the Structure.

Structure Geometry:
• Height from invert of the channel to the soffit of the structure was measured at approximately 6’-11”, on the north edge of this structure. This height varied over the length of the channel with it increasing to over 8 ft tall on the south end of the structure. • The span of the structure on the north end was measure at approximately 7’-5” and is uniform until the last 12 ft of the structure on the south side.
• The Structure appears to have been extended in the past as the southern 12ft has a step widening of approximately 8”at each end of the span, extending the span in this area to approximately 8’-11”.

The soffit of the structure was observed to have large cracking and a visible deflection at the center of the span of approximately 1” at the south end of the structure where the span had increased to approximately 8’-11”. (Photo 1 & 2). This area was sounded with a small hammer and was found to have extensive delamination of concrete on the soffit within the middle 2ft of the span. This delamination extended from the south edge of the structure north approximately 12 ft.

The remainder of the soffit was sounded along the length of the structure with a small area of delamination identified approximately 20ft from the south end of the structure. This area also had a crack that extended to the north for approximately 8ft located at mid span. There were no visible signs of deflection at this area. (Photo 3)
The entire structure shows signs of deterioration with its age estimated at approximately 70 years, based on the estimated age of the surrounding houses and the visible board form work on the concrete. 748
Indian School Lane – Structure Observation Page 3 of 4
City of Banning September 25, 2025
Utilities
There is a natural gas line located and attached to the north edge of the structure, and overhead utility lines that span over the structure. (Phots 4 & 5)
The flood channel under the structure is comprised of large rocks mortared in place. To the north of the structure a newer section of channel has been constructed of reinforced concrete. (Photo 6 & 7).

Recommendations
• Due to the poor condition of the southern 13ft of the structure Kimley-Horn recommends that the area extending 15 ft from the south edge of deck continue to be blocked off to restrict access to any vehicle from driving across the portion of the structure. • Kimley-Horn recommends restricting the weight of vehicles that can travel over the remaining portion of the structure to 5000 pounds.
• Kimley-Horn recommends that the city move forward with a strategy to replace this entire structure with a new box culvert, or other structure of sufficient size to convey the required design storm event under Indian School Lane, designed to support legal vehicle loads.

Photos
Photo 1 – Large crack in soffit of structure.
749
Indian School Lane – Structure Observation Page 3 of 4
City of Banning September 25, 2025
Photo 2 – Level against soffit showing approximately 1” of deflection on either end of level Photo 3 – Transverse crack, 20ft from south edge Photo 4 – Natural gas line on north side of structure 750
Indian School Lane – Structure Observation Page 3 of 4
City of Banning September 25, 2025
Photo 5 – Overhead Utility located adjacent to
structure
Photo 7 – Upstream adjacent flood channel
Photo 6 – Existing sidewalls of channel
751
Date 11/13/2025
Nathan Smith
Deputy Director of Public Works
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Re: City of Banning – Engineering Services for Indian School Lane Emergency Repair Work Dear Mr. Smith:

Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this proposal to the City of Banning (“Client”) for providing engineering design services to address the drainage culvert damage at Indian School Lane (“Project”).

Project Understanding
An existing structural slab over the trapezoidal flood control channel along Indian School Lane has shown signs of fatigue causing the City to close the road in this area.

The City has requested that Kimley-Horn evaluate the structural slab and provide the design to replace this with a new Caltrans standard box culvert. The existing trapezoidal channel will be replaced with a concrete U-Channel that matches the upstream channel that was constructed as part of the Indian Canyon Debris Basin Project. This U-Channel will transition to the existing trapezoidal channel just south of the new box culvert.

There are existing gas and water lines beneath the roadway that must be relocated as part of this project.

Power poles on both sides of the road will remain in place and will be protected by the contractor during construction.

Based on emergency circumstances, the design and processing is anticipated to be streamlined.

Scope of Services
Kimley-Horn will provide the services specifically set forth below.

TASK 1 - SITE RECONNAISSANCE AND INVESTIGATION
Task 1.1 Review available information and site visit
Kimley-Horn will complete field observations, prepare an observation memo, review as-built drawings, and conduct necessary site visits to gather materials needed for the emergency repair design as follows:

Task 1.1.1 – Field Observation (completed)
Perform a visual observation of the existing structure. This will include taking physical measurements of the structure, documenting the appearance of the structure with photographs, and sounding the concrete with a small hammer to identify limits of delamination. As there are no known as-built plans for this structure an evaluation of its structural integrity is not possible and not included in our scope of work.

Task 1.1.2 - Observation Memo (completed)
Provide the City with a memo that identifies what was observed and determined based on our site visit.

This memo will provide photographs of the observed deficiencies, as well as recommendations for either repair or replacement of the structure.

Task 1.1.3 – Review As-Builts and Additional Site Visits Review the available as-built plans and documents, including debris basin plans (plan set 5-0195) and calculations, and conduct one additional site visit to gather information needed for the proposed design. 752
Rev 01/2025
2 Task 1.2 Topographic Survey
A design level Topographic Survey (conventional field survey) will be provided for the area as outlined in the aerial photo shown on Exhibit "A" (the Site). The boundary component of the survey will include a field boundary verification denoting current property lines and easements of record as shown on current county recorded maps. A current title report is to be provided by the City if easements are to be shown or if there are discrepancies with property lines. The field survey and mapping items to be included are as follows:
 The vertical control will be based on the North American Vertical Datum of 1988 (NAVD 88). A local municipal benchmark will be used, if available. Confirmation of the vertical datum will be required before field mobilization.
 The horizontal control will be based on the California State Plane Coordinate System of 1983 (NAD 83). Confirmation of the horizontal datum/EPOCH will be required before field mobilization.  Survey shots will be obtained on a 25-foot natural ground grid and 25-foot finish surface grid to create 1-foot contour intervals. Spot elevations will be at back of walk/sidewalks, top of curbs, flow lines, gutter edges, street crowns, high/low points, top and toe of slopes, grade breaks, finish floors, driveway aprons and curb ramps, where present.
 Channel cross sections will be obtained at 25-foot intervals and at grade breaks and changes in section dimensions.
 Location of signing and striping within the Site.
 Location of trees over 6 feet in height, regardless of caliper, within the Site. Shrubs will not be surveyed.
 Location, elevation, size, and type of visible above ground utilities within the Site.  Flow line invert elevations and sizes of drain inlets, sanitary sewer and storm drain manholes within the Site, unless bolted down.
 Existing utility lines identified by painted striping from USA markings will be surveyed.

Task 1.3 Geotechnical Investigation
Obtain two geotechnical borings along Indian School Lane. The boreholes will be excavated using a truckmounted drilling rig. The target depth of the borings will be 30 feet below existing grade. Field personnel will collect soil samples for laboratory testing, including bulk samples of near-surface soils and small disturbed and relatively undisturbed ring samples of deeper soils. The small disturbed and relatively undisturbed soil samples will be collected using split-spoon samplers at a vertical interval of about 2.5 to 5 feet, alternating between the Standard Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of subsurface soils will be logged during the field investigation, secured in containers or collected in plastic bags, and transported to the laboratory. Rapid-set concrete will be used to replace asphalt that is removed by excavations.

Field logs of the boreholes will be reviewed to select representative soil samples for laboratory testing. Soil laboratory tests will be conducted in general accordance with American Society for Testing and Materials (ASTM) standards or California Test methods. Anticipated laboratory tests include: #200 wash, moisture, direct shear, soil corrosion tests, and Atterberg Limits.

Results obtained from the field investigation and laboratory testing will be used to characterize subsurface soils and conditions and create idealized soil profiles for design purposes. The following analyses will be performed for the project:
 Evaluation of seismicity and estimation of Peak Ground Acceleration based on the Caltrans design criteria.
 Assessment of soil liquefaction potential, seismic settlement, and lateral spreading.  Foundation analysis for culvert.
753
Rev 01/2025
3  Assessment of global slope stability.
 Evaluation of soil corrosivity conditions and recommendations for mitigation measures.

Prepare a Technical Memorandum summarizing the results of the field investigation and laboratory testing program. The Memorandum will include a summary of the field investigation and present design and construction recommendations for the box culvert and associated U-channel and transition structure foundations. The results of the corrosion study will also be presented. Address relevant comments resulting from the City review and prepare a final Memorandum.

Deliverables:
 Site photos and field notes
 Topographic Survey
 Geotechnical Investigation Memo
TASK 2 – HYDROLOGY & HYDRAULICS
It is assumed that a hydrologic design flow that is acceptable to RCFC&WCD will be obtained from the spillway discharge curve provided on as-built plans for the debris basin constructed directly upstream. A hydrological study to obtain peak flow rates for sizing of the proposed hydraulic structures is not included in this scope.

Kimley-Horn will coordinate with RCFC&WCD to verify the above assumption. It is assumed that KimleyHorn will attend up to one (1) virtual meeting (refer to Task 4).

Analyze the proposed ditch capacity and box culvert capacity in Bently FlowMaster and CulvertMaster to make initial sizing recommendations. The system will then be studied in WSPG to finalize the design. Limits of the WSPG run are from the proposed join location of the trapezoidal channel just south of Indian School Lane to the join location to the north to the 12’ x 7’ U-Channel. Both the 100-year and 10,000-year storm event water surfaces will be plotted on the channel profile consistent with the debris basin plans upstream.

It is assumed that Riverside County Flood Control Standards will be followed, and the system will be designed to accommodate the 100-year storm event with a minimum two-foot freeboard to the centerline of the road, and minimum one foot freeboard to the finished floor of nearby houses. One virtual meeting is anticipated with RCFC&WCD once the design is established (refer to Task 4). It is assumed that coordination with RCFC&WCD for special approval of roadway over topping is not required.

Prepare a brief Hydrology and Hydraulics (H&H) Memo anticipated to be approximately two pages of narrative with calculations attached to document hydrologic assumptions and outline hydraulic study criteria and methodology. The H&H Memo will be submitted to the City and RCFC&WCD upon finalized hydraulic design. We anticipate addressing one round of consolidated comments from the City and RCFC&WCD. If follow-up comments are provided, we will schedule one virtual workshop to resolve.

Deliverables:
 Draft and Final H&H Memo
TASK 3 – PLANS, SPECIFICATIONS AND COST ESTIMATE (PS&E) This task will include the preparation of construction plans, specifications, cost estimates, to enable the City to construct the project. Plans will conform to the City of Banning and County of Riverside Standard Plans, as well as applicable standards from Caltrans and the California MUTCD. The plans will be prepared at a scale of 1"=20' using the AutoCAD 2024 version drafting software on City standard 24"x36" full-size sheet format. Plans will be processed with the City and RCFC&WCD for review and approval. We anticipate addressing one round of consolidated comments from the City and RCFC&WCD. If follow-up comments are provided, we will schedule one virtual workshop to resolve. 754
Rev 01/2025
4 The construction plan set will include the following components:

General Plan (1 sheet): General plans include title sheet with vicinity and location map, construction notes, construction legend, standard symbols, telephone numbers of utilities and other affected agencies and businesses, basis of bearing and benchmark, general notes and abbreviations.

Demolition Plan (1 sheet): show removals of primary elements within the project limits, and indicate features to be protected.

Street Improvement Plan (1 sheet): show plan and profile for necessary street replacement including items such as curb/gutter, driveways, drainage openings, pavement replacement, grading, fencing, and guardrails.

Structural Plans (2 sheets): provide the design of the reinforced concrete U-Channel that is expected to be 12ft wide with 7 ft tall walls. This U-Channel will be designed based on recommendations from the project geotechnical engineer with plans sheets provided that satisfy the Riverside County Flood Control (RDFC) requirements and utilize Standard Drawing number CH327.

Provide the design of the reinforced concrete transition channel that will be required to transition from the reinforced concrete U-Channel to the original trapezoidal cemented stone channel. This transition structure will be designed based on recommendations from the project geotechnical engineer with plans sheets provided that satisfy the RDFC requirements and utilize Standard Drawing number CH329.

Box Culvert Plans (1 sheet): develop plans in accordance with Caltrans standards, including plan view, profile, and standard construction details for the box culvert Water Plans (2 sheets): Prepare plans for relocating the water line to the south side of the box culvert, including plan view, profile and details sheet.

Traffic Control Plans (2 sheets): prepare temporary traffic control plans for the project work area along Indian School Lane in accordance with the current Caltrans Standard Plans and California MUTCD.

One of the scenarios is for partial closure of Indian School Lane for the temporary condition before construction to address the structural observation memo recommendations (completed).

A second scenario is for the full closure of Indian School Lane during construction. Additional partial closures during construction are anticipated to be according to the WATCH, and additional plans for these are not anticipated.

Technical Specifications: develop technical specifications and special provisions for work that is not covered by Standard Specifications or City approved provisions. These specifications will comply with Greenbook and City standards. It is assumed that Caltrans Standard Specifications will be used for the structural components on this project.

Opinion of Probable Construction Costs (OPCC): develop an OPCC based on anticipated construction items, quantities, and project details. Unit prices will be sourced from current bid data for similar projects in the area. Backup documentation will be provided for lump sum items, and contingencies will be included as agreed upon with the City. The Bid Schedule will reference each line item to its corresponding payment specification.

Deliverables:
 Plans (up to ten (10) sheets)
 Technical Specifications
 OPCC
755
Rev 01/2025
5 TASK 4 – PROJECT MANAGEMENT, MEETINGS & COORDINATION
Oversee day-to-day project coordination and maintain communication with the City throughout the design.

To expedite the process, we are proposing the following meetings with RCFCD&WCD and City:
- One initial meeting with RCFCD&WCD at the beginning of the project - Two virtual review meetings - one with the City and one with RCFC&WCD - One site visit with stakeholders
- Up to two virtual meetings with stakeholders
Assumptions
 A hydrological study to obtain peak flow rates for sizing of the proposed hydraulic structures is not included in this scope.
 It is assumed that the flow velocity in the channel will be less than 20 ft/s and that a special structural design will not be required to accommodate high flow velocity in the box culvert crossing.  It is assumed that adequate cover will be available to maintain the existing channel flowline and provide a Caltrans standard box culvert design (7’ x 12’ box culvert). It is assumed that no reprofiling of the road will be required, and no drastic changes in channel slope will need to be considered and studied.  It is assumed that the existing gas line beneath the pavement will be relocated and attached to the north side of the box culvert. The utility company will perform the design for this relocation.  It is assumed that power poles on both sides of the channel crossing will require protection during construction, and shoring will be designed by the contractor.  It is assumed that the water line can be relocated and attached to the south side of the box culvert.  No investigation of hazardous materials. If hazardous materials are encountered during the geotechnical field investigation, we will terminate our work and notify the City.  No fee permits are assumed. Permit fees are not included.

Schedule
We will perform the services as per the attached schedule Exhibit-B.

Fee and Expenses
Kimley-Horn will perform the services for the following lump sum fees by task:

Task Number & Name Fee
1 Site Reconnaissance and Investigation $37,094
2 Hydrology & Hydraulics $23,790
3 Plans, Specifications and Cost Estimate (PS&E) $108,535 4 Project Management, Meetings & Coordination $17,840
Expenses $500
Total $187,759
Fees will be invoiced monthly based upon the overall percentage of services performed by task. Payment will be due within 30 days of your receipt of the.
756
Rev 01/2025
6 If this proposal is acceptable, please forward a purchase order for execution. We appreciate the opportunity to provide these services. Please contact me if you have any questions.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Sarmad Farjo, PE Darren Adrian, PE
Project Manager Senior Vice President
757
758
ID Task
Mode
Task Name Duration Start Finish
1 NTP 0 days Mon 11/17/25 Mon 11/17/25
2 Site Reconnaissance and Investigation 14 days Mon 11/17/25 Thu 12/4/253 Review available information and site visit 3 days Mon 11/17/25 Wed 11/19/254 Topographic Survey 7 days Mon 11/17/25 Tue 11/25/255 Geotechnical Investigation 7 days Wed 11/26/25 Thu 12/4/256 Hydrology & Hydraulics 50 days Tue 11/25/25 Mon 2/2/267 Draft H&H Memo 15 days Tue 11/25/25 Mon 12/15/258 RCFC&WCD Review 10 days Tue 12/16/25 Mon 12/29/259 Final H&H Memo 10 days Tue 12/30/25 Mon 1/12/26 10 RCFC&WCD Final Review and Approval 15 days Tue 1/13/26 Mon 2/2/2611 PS&E 55 days Tue 12/16/25 Mon 3/2/2612 Plans 20 days Tue 12/16/25 Mon 1/12/2613 General Plans 20 days Tue 12/16/25 Mon 1/12/2614 Demo Plans 20 days Tue 12/16/25 Mon 1/12/2615 Civil Plans 20 days Tue 12/16/25 Mon 1/12/2616 Structural Plans 20 days Tue 12/16/25 Mon 1/12/2617 Box Culvert Plans 20 days Tue 12/16/25 Mon 1/12/2618 Traffic Control Plans 20 days Tue 12/16/25 Mon 1/12/2619 Technical Specifications & Cost Estimate 20 days Tue 12/16/25 Mon 1/12/2620 Review by RCFC&WCD 15 days Tue 1/13/26 Mon 2/2/2621 Review by City of Banning 15 days Tue 1/13/26 Mon 2/2/2622 Address comments 10 days Tue 2/3/26 Mon 2/16/2623 Review and approval by RCFC&WCD 10 days Tue 2/17/26 Mon 3/2/2624 Review and approval by City of Banning 10 days Tue 2/17/26 Mon 3/2/2625 PS&E Approval 0 days Mon 3/2/26 Mon 3/2/2626 Project Management, Meetings & Coordination 72 days Mon 11/17/25 Tue 2/24/2627 PM & Coordination 72 days Mon 11/17/25 Tue 2/24/2628 Meetings 62 days Mon 11/24/25 Tue 2/17/2629 Initial meeting with RCFC&WCD 1 day Mon 11/24/25 Mon 11/24/2530 Review meeting with City & RCFC&WCD 1 day Tue 1/13/26 Tue 1/13/2631 Meeting with the City/Stakeholders (if needed) 1 day Tue 2/17/26 Tue 2/17/26 11/17
Kimley-Horn
Calvada
EMI
Kimley-Horn

RCFC&WCD
Kimley-Horn

RCFC&WCD
Kimley-HornKimley-HornKimley-HornKimley-HornKimley-HornKimley-HornKimley-Horn RCFC&WCDCity
Kimley-Horn
RCFC&WCDCity
3/2
Kimley-Horn
Kimley-Horn
Kimley-Horn
Kimley-Horn
2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 15
Nov '25 Dec '25 Jan '26 Feb '26 Mar '26
TaskSplitMilestoneSummaryProject Summary
Inactive TaskInactive MilestoneInactive SummaryManual TaskDuration-only Manual Summary RollupManual SummaryStart-onlyFinish-onlyExternal Tasks External MilestoneDeadlineProgressManual ProgressCity
RCFC&WCDSubconsultant
Exhibit B
City of Banning
Indian School Lane - Emergency Repair Project Schedule

Page 1 ends

Project: Project scheduleDate: Tue 11/11/25
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1 AGREEMENT FOR PROFESSIONAL SERVICES (C01248)

BY INDEPENDENT CONTRACTOR

THIS AGREEMENT FOR PROFESSIONAL SERVICES BY INDEPENDENT CONTRACTOR (“Agreement”) is made and effective as of the ____________, 2025 by and between the CITY OF BANNING, a California municipal corporation (“City”) whose address is 99 East Ramsey Street, Banning, California 92220, and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina Corporation whose address is 1100 W. Town & Country Rd, Suite 700, Orange, CA 92868(“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “party” and hereinafter collectively referred to as the “parties.”

RECITALS
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties to this Agreement:

A. City desires to engage Contractor to provide the following services: Engineering Services for Indian School Lane Emergency Repair Work; and B. Contractor has made a proposal (“Proposal”) to the City to provide such professional services, which Proposal is attached hereto as Exhibit “A” and incorporated herein by this reference; and
C. Contractor agrees to provide such services pursuant to, and in accordance with, the terms and conditions of this Agreement, and represents and warrants to City that Contractor possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and mutual covenants contained herein, City and Contractor agree as follows:

1. Term of Agreement. This Agreement is effective as of the date first above written and shall continue until terminated as provided for herein. Notwithstanding anything in this Agreement to the contrary, this Agreement shall automatically terminate after one (1) year unless extended by the parties with the approval of the City Council of the City.

2. Services to be Performed. Contractor agrees to provide the services (“Services”) as follows: Engineering Services for Indian School Lane Emergency Repair Work in accordance with Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 2/20/2026
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2 Exhibit “A”. All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Contractor designates Sarmad Farjo, PE as Contractor’s Representative responsible for overseeing the Services provided by Contractor (“Contractor’s Representative”).

City designates the City Manager, or his or her designee, to act as the Project Manager (“Project Manager”) in connection with the delivery of Services under this Agreement. Contractor shall supply, at its sole expense, all equipment, tools, materials, and supplies necessary to perform Services. In the event that the Proposal contains terms that are in addition to or in conflict with this Agreement, other than the price for Services, such terms shall not be valid and shall be of no force or effect.

3. Associates and Subcontractors. Contractor may, at Contractor’s sole cost and expense, employ such competent and qualified independent associates, subcontractors and consultants as Contractor deems necessary to perform the Services; provided, however, that Contractor shall not subcontract any of the Services without the prior written consent of City.

4. Compensation.

4.01 Contractor shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Agreement to the contrary, total fees and charges paid by City to Contractor under this Agreement shall not exceed the amount of One Hundred Eighty-Seven Thousand Seven Hundred Fifty-Nine Dollars and Zero Cents ($187,759.00).

4.02 Contractor shall not be compensated for any Services rendered nor reimbursed for any expenses incurred in excess of those authorized unless approved in advance by the City, in writing.

4.03 Contractor shall submit to City, on or before the fifteenth (15th) of each month, itemized invoices for the Services rendered in the previous month. The City shall not be obligated to pay any invoice that is submitted more than sixty (60) days after the due date of such invoice. City shall have the right to review and audit all invoices prior to or after payment to Contractor. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Verification that the hours billed, when multiplied by the approved hourly rates, result in the correct total;
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3 c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Contractor with a request for explanation or adjust the payment accordingly and give notice to Contractor of the adjustment.

4.04 If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Contractor in writing of the disputed portion.

5. Obligations of Contractor.

5.01 Contractor agrees to perform all Services in accordance with the terms and conditions of this Agreement and the Proposal. In the event that the terms of the Proposal shall conflict with the terms of this Agreement or contain additional terms that purport to bind the City other than the Services to be rendered and the hourly rate for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

5.02 Except as otherwise agreed by the parties, Contractor will supply all personnel, materials and equipment required to perform the Services. Contractor shall provide its own offices, telephones, vehicles and computers. Contractor will determine the method, details, and means of performing the Services under this Agreement.

5.03 Contractor shall keep City informed as to the progress of the Services by means of regular and frequent consultations. Additionally, when requested by City, Contractor shall prepare written status reports.

5.04 Contractor is responsible for paying, when due, all income and other taxes, fees, and withholding, including withholding state and federal taxes, social security, unemployment and worker’s compensation, incurred as a result of the compensation paid under this Agreement. Contractor agrees to indemnify, defend, and hold harmless City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

5.05 In the event Contractor is required to prepare plans, drawings, specifications and/or estimates, the same shall be furnished in conformance with local, state and federal laws, rules and regulations.

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4 5.06 Contractor represents that it possesses all required licenses necessary or applicable to the performance of Services under this Agreement and the Proposal and shall obtain and keep in full force and effect all permits and approvals required to perform the Services herein.

In the event City is required to obtain an approval or permit from another governmental entity, Contractor shall provide all necessary supporting documents to be filed with such entity.

5.07 Contractor shall be solely responsible for obtaining Employment Eligibility Verification information from Contractor’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Contractor’s employees are eligible to work in the United States.

5.08 In the event that Contractor employs, contracts with, or otherwise utilizes any CalPERS retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.

5.09 Drug-free Workplace Certification. By signing this Agreement, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.

5.10 Contractor shall comply with all applicable local, state and federal laws, rules, regulations, entitlements and/or permits applicable to, or governing the Services authorized hereunder including, but not limited to California Department of Industrial Relations (Cal/OSHA) regulations; and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act, related to their scope of work and operations. In case of conflict, the most stringent shall apply.

5.11 Contractor shall keep itself informed concerning and shall render all Services hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state or local governmental entity having jurisdiction in effect at the time service is rendered.

5.12 By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the conditions, circumstances, difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of Services hereunder. Should the Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 763
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5 shall immediately inform the City of such facts and shall not proceed except at Contractor’s sole risk until written instructions are received from the Project Manager.

Contractor warrants all Services under the Agreement will be performed in accordance with the Standard of Care, and will correct at no cost to the City any errors or omissions in such Services which do not conform to such Standard of Care (defined in Section 11.03). .

5.13 Time is of the essence in the performance of this Agreement.

5.14 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the City in writing of the causes of the delay. The City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City such delay is justified. The City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

6. Insurance. Contractor hereby agrees to be solely responsible for the health and safety of its employees and agents in performing the Services under this Agreement and shall comply with all laws applicable to worker safety including but not limited to Cal-OSHA.

Therefore, throughout the duration of this Agreement, Contractor hereby covenants and agrees to maintain insurance in conformance with the requirements set forth below. Attached hereto as Exhibit “B” are copies of Certificates of Insurance and endorsements as required by Section 7.02.

If existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall provide the following types and amounts of insurance:

6.01 Commercial general liability insurance in an amount of not less than $2,000,000 per occurrence and $4,000,000 in the aggregate; Contractor agrees to have its insurer endorse the general liability coverage required herein to include as additional insured’s City, its officials, employees and agents. Contractor also agrees to require all contractors and subcontractors to provide the same coverage required under this Section 6.

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6 6.02 Business Auto Coverage in an amount no less than $1 million per accident.

If Contractor or Contractor’s employees will use personal autos in performance of the Services hereunder, Contractor shall provide evidence of personal auto liability coverage for each such person.

6.03 Workers’ Compensation insurance for any of Contractor’s employees that will be providing any Services hereunder. Contractor will have a state-approved policy form providing statutory benefits as required by California law. The provisions of any Workers’ Compensation insurance will not limit the obligations of Contractor under this Agreement.

Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. Sole proprietors with no employees, LLCs, or partnerships using the services of members or partners who do not carry Workers’ Compensation insurance acknowledge that they are not subject to the Workers’ Compensation Act of the State of California and agree to complete a signed workers compensation exemption form.

6.04 Professional Liability Coverage. Contractor shall procure and maintain throughout the term of this Agreement, at Contractor's sole cost and expense, a policy of professional liability insurance (errors and omissions) in a minimum amount of Two Million Dollars ($2,000,000) per occurrence to cover any negligent acts, errors, or omissions committed by Contractor, its employees, and/or agents in the performance of any engineering services for City under this Agreement in compliance with California law.

6.05 Cyber Liability Insurance REQUIRED IF CHECKED HERE ONLY [___] (Technology Professional Liability – Errors and Omissions), with limits not less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate or the full per occurrence limits of the policies available, whichever is greater. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. Contractor will file with City, before beginning professional services, certificates of insurance (Acord Form 25 or equivalent) satisfactory to City evidencing.

6.06 If Claims Made Policies (applies only to professional liability and cyber liability policies):

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7 i. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
ii. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

7. General Conditions pertaining to Insurance Coverage.

7.01 No liability insurance coverage provided shall prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor waives all rights of subrogation against City regardless of the applicability of insurance proceeds and shall require all contractors and subcontractors to do the same.

7.02 Prior to beginning the Services under this Agreement, Contractor shall furnish City with certificates of insurance, endorsements, and upon request, complete copies of all policies, including complete copies of all endorsements. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf.

7.03 All required policies shall be issued by a highly rated insurer with a minimum A.M. Best rating of “A:VII”. The insurer(s) shall be admitted or licensed to do business in California. The certificates of insurance hereunder shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice has been given to CITY.

7.04 Self-insurance does not comply with these insurance specifications.

Contractor acknowledges and agrees that all insurance coverage required to be provided by Contractor or any subcontractor (except professional liability and worker’s compensation), shall apply first and on a primary, non-contributing basis in relation to any other insurance, indemnity or self-insurance available to City.

7.05 All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

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8 7.06 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor or arising out of the Services performed under this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

7.07 The coverage shall contain no special limitations on the scope of protection afforded to City, its directors, officers, employees, or authorized volunteers. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or 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.

8. Indemnification.

8.01 Contractor and City agree that City, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other costs arising out of or in any way related to the performance of this Agreement by Contractor or any subcontractor or agent of either as set forth herein. Accordingly, the provisions of this indemnity are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to City. Contractor acknowledges that City would not enter into this Agreement in the absence of the commitment of Contractor to defend, indemnify, and protect City as set forth herein.
a. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, injuries, expenses, damages or costs of any kind, whether actual, alleged or threatened, actual attorneys’ fees incurred by City, court costs, interest, defense costs, including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of, or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement.

Contractor’s obligation to defend, indemnify, and hold harmless shall include any and all claims, suits, and proceedings in which Contractor (and/or Contractor’s agents and/or employees) is alleged to be an employee of City. All obligations under this provision are to be paid by Contractor as they are incurred by City.
b. Without affecting the rights of City under any provision of this Agreement or this Section, Contractor shall not be required to indemnify and hold harmless City Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 767
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9 as set forth above for liability attributable solely to the fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. 8A Indemnification Design Professionals. In the event that Contractor is a design professional under California Civil Code Section 2782.8 this Section 8A shall apply instead of Section 8. To the fullest extent permitted by California law and in accordance with California Civil Code section 2782.8, Contractor shall defend, indemnify, and hold harmless the City, its officers, employees, trustees and members (“Indemnified Parties”) from any and all actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, attorney’s and consultants’ fees and causes of action including, but not limited to those for, injury to property or persons, including personal injury and/or death (“Claim(s)”), to the extent that the Claim(s) arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of Contractor, its directors, officials, officers, employees and consultants arising out of, connected with, or resulting from the performance of the Services, the Project, or this Agreement. This indemnity excludes liability caused by the negligence or willful misconduct of any of the Indemnified Parties. The cost to indemnify, hold harmless, and defend charged to Contractor shall not exceed Contractor’s proportionate percentage of fault.

9. Additional Services, Changes and Deletions.

9.01. In the event Contractor performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Contractor shall not be compensated for such services. Contractor expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.

9.02 Contractor shall promptly advise the City Manager and Finance Director of City as soon as reasonably practicable upon gaining knowledge of a condition, event or accumulation of events which may affect the scope and/or cost of Services. All proposed changes, modifications, deletions and/or requests for additional services shall be reduced to writing for review and approval by the City and/or City Council.

10. Termination of Agreement.

10.01. Notwithstanding any other provision of this Agreement, City, at its sole option, may terminate this Agreement with or without cause, or for no cause, at any time by giving twenty (20) days’ written notice to Contractor.

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10 10.02 In the event of termination, the payment of monies due Contractor for undisputed Services performed prior to the effective date of such termination shall be paid within thirty (30) business days after receipt of an invoice as provided in this Agreement. Immediately upon termination, Contractor agrees to promptly provide and deliver to City all original documents, reports, studies, plans, specifications and the like which are in the possession or control of Contractor and pertain to City.

11. Status of Contractor.

11.01 Contractor shall perform the Services in Contractor’s own way as an independent contractor, and in pursuit of Contractor’s independent calling, and not as an employee of City. However, Contractor shall regularly confer with City’s City Manager or Project Manager as provided for in this Agreement.

11.02 Contractor agrees that it is not entitled to the rights and benefits afforded to City’s employees, including disability or unemployment insurance, Workers’ Compensation, retirement, CalPERS, medical insurance, sick leave, or any other employment benefit. Contractor is responsible for providing, at its own expense, disability, unemployment, Workers’ Compensation and other insurance, training, permits, and licenses for itself and its employees and subcontractors.

11.03 Contractor hereby specifically represents and warrants to City that it possesses the qualifications and skills necessary to perform the Services under this Agreement in a competent, professional manner, without the advice or direction of City and that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily applicable to an experienced and competent professional rendering the same or similar services in the same geographic area where the City is located (the “Standard of Care”). Further, Contractor represents and warrants that the individual signing this Agreement on behalf of Contractor has the full authority to bind Contractor to this Agreement.

12. Ownership of Documents; Audit.

12.01 All draft and final reports, plans, drawings, studies, maps, photographs, specifications, data, notes, manuals, warranties, and all other documents of any kind or nature prepared, developed, or obtained by Contractor in connection with the performance of Services performed for the City shall become the sole property of City, and Contractor shall promptly deliver all such materials to City upon request. At the City’s sole discretion, Contractor may be permitted to retain original documents, and furnish reproductions to City upon request, at no cost to City.

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11 12.02 Subject to applicable federal and state laws, rules and regulations, City shall hold all intellectual property rights to any materials developed pursuant to this Agreement.

Contractor shall not use such data or documents for purposes other than the performance of this Agreement, nor shall Contractor release, reproduce, distribute, publish, adapt for future use or any other purposes, or otherwise use, any data or other materials first produced in the performance of this Agreement, nor authorize others to do so, without the prior written consent of City.

12.03 Contractor shall retain and maintain, for a period not less than four years following termination of this Agreement, all-time records, accounting records and vouchers and all other records with respect to all matters concerning Services performed, compensation paid and expenses reimbursed. At any time during normal business hours and as often as City may deem necessary, Contractor shall make available to City’s agents for examination all of such records and shall permit City’s agents to audit, examine and reproduce such records.

13. Miscellaneous Provisions.

13.01 This Agreement, which includes all attached exhibits, supersedes any and all previous agreements, either oral or written, between the parties hereto with respect to the rendering of Services by Contractor for City and contains all of the covenants and agreements between the parties with respect to the rendering of such Services in any manner whatsoever. Any modification of this Agreement will be effective only if it is in writing signed by both parties.

13.02 Contractor shall not assign or otherwise transfer any rights or interest in this Agreement without the prior written consent of City. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

13.03 Contractor shall timely file FPPC Form 700 Conflict of Interest Statements with City if required by California law and/or the City’s conflict of interest policy.

13.04 If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.

13.05 This Agreement is made, entered into and shall be performed in the County of Riverside in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California. The parties agree that venue in any litigation between them shall be in Riverside County, California.

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12 13.06 Contractor covenants that neither it nor any officer or principal of its firm has any interest, nor shall they acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of their Services hereunder. Contractor further covenants that in the performance of this Agreement, no person having such interest shall be employed by it as an officer, employee, agent, or subcontractor.

13.07 Contractor has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Contractor agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Contractor shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

13.08 Improper Consideration. Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, services, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the City in an attempt to secure favorable treatment regarding this Agreement or any contract awarded by City. The City, by notice, may immediately terminate this Agreement if it determines that any improper consideration as described in the preceding sentence was offered to any officer, employee or agent of the City with respect to the proposal and award process of this Agreement or any City contract. This prohibition shall apply to any amendment, extension or evaluation process once this Agreement or any City contract has been awarded. Contractor shall immediately report any attempt by any City officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor.

13.09 Severability. If any portion, section, sentence, provision or paragraph of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the entire balance of this Agreement not so affected shall remain in full force and effect.

13.10 Prevailing Wages. Contractor shall be responsible to comply with applicable prevailing wages laws. As a condition of payment, if applicable Contractor shall show proof of payment of wages under applicable state and federal laws and regulations relating to prevailing wages in accordance with the “General Wage Determination Made By the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1, , 1773.5, and 1773.9”, for Riverside County and/or 40 U.S.C. Section 276a, et. seq.

Such wage rates shall conform with those posted at City offices and the project site. In the event that the Contractor fails to pay the prevailing wages, the Contractor shall be solely liable for Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 771
PS Version 1 Last Reviewed: 9/18/2025
13 penalties and for the shortfall in wages and shall indemnify, defend and hold harmless City under Section 8.01 against any of the same. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1771 – Requirement to Pay Prevailing Wages.

2. Section 1774 – Payment of Prevailing Wage Rates.

3. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

4. Section 1776 – Payroll Records and Certified Payroll Reports.

5. Section 1777.5 - Apprenticeship Requirements.

6. Section 1813 - Penalty for Failure to Pay Overtime.

7. Sections 1810 and 1811 - Working Hour Restrictions.

8. Section 1773.1 - Per diem Wages; Travel and Subsistence Pay.

13.11 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.

13.12 Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

13.13 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

13.14 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 772
PS Version 1 Last Reviewed: 9/18/2025
14 for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purpose of this Agreement.

13.15 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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

13.17 The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. The parties expressly adopt and confirm each electronic signature made by a party to this Agreement, regardless of whether delivered in person, by mail, courier, facsimile, email, or in portable document format (PDF), as if the same were manually signed and delivered in person. Each party agrees not to assert that any electronic signature is inadequate to bind such party to the same extent as if signed manually and delivered in person.

13.18 This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original, and all of which counterparts taken together shall constitute one and the same instrument for all purposes of this Agreement.

13.19 The recitals set forth in the preamble of this Agreement are hereby incorporated into and made a substantive part of this Agreement as if fully set forth herein. [SIGNATURES ON FOLLOWING PAGE]
Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 773
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15 IN WITNESS WHEREOF, the parties hereby have made and executed this Agreement to be effective as of the day and year first above written.

CITY: CONTRACTOR:

CITY OF BANNING KIMLEY-HORN AND ASSOCIATES, INC.

By:_______________________ By:_______________________
Print Print
Name: ____________________ Name: ____________________
Date: _____________________ Date: _____________________ ATTEST:

By: ______________________
Print
Name: ____________________
Date: ___________________
APPROVED AS TO FORM:

By: ______________________
John O. Pinkney, City Attorney
Date: ______________

Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 2/19/2026
Darren Adrian, Senior
Vice President
PE No. 53031
2/19/2026
2/19/2026
Sandra Calderon, Depty City Clerk
Arturo Vela, P.E.,
Interim City Manager
2/20/2026
Approved Under RESO #
774
PS Version 1 Last Reviewed: 9/18/2025
16 EXHIBIT “A”

PROPOSAL
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17 Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 776
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18 Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 777
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19 Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 778
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20 Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 779
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21 Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 780
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22 Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 781
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23 Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 782
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24 EXHIBIT “B”

CERTIFICATES OF INSURANCE
Docusign Envelope ID: 035793E7-959D-4E90-A5F8-78BC3559ADFB 783

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Paul Mattern, Transit Manager
Art Vela, Director of Public Works
MEETING DATE: March 10, 2026
SUBJECT:

Consideration of Rescinding Resolution No. 2026-20 and Adoption of Resolution 2026-47 Approving the Purchase of Three 35-Foot Fixed Route CNG Buses in the amount of $2,998,200.42
RECOMMENDATION:

Rescind Resolution 2026-20 and Adopt Resolution 2026-47.

BACKGROUND:

The City of Banning Transit Division operates fixed-route and demand -response transit services that provide essential mobility for residents, employees, students, seniors, and visitors. The current fleet includes several buses that are approaching or have exceeded their useful life as defined by Federal Transit Administration (FTA) guidelines, resulting in increased maintenance costs, reduced reliability, and operational constraints.

As part of the Transit Division’s ongoing fleet management and state- of-good-repair strategy, staff has evaluated current and projected service needs, vehicle condition, and fleet age. Based on this assessment, the replacement of aging buses with modern, reliable vehicles is necessary to maintain service quality, safety, and compliance with federal and state requirements. The Transit Division did request quotes from both New Flyer and Gillig for this purchase. Gillig has been non-responsive to our requests.

This agenda item seeks City Council authorization to procure three (3) new 35-foot transit buses from New Flyer of America to replace aging vehicles and support continued service delivery.

The City will utilize California Association for Coordinated Transportation (CALACT) for the purchase of the buses. 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 member, the City to select vehicles that best meet its transit needs.

JUSTIFICATION:

The procurement of three 35-foot CNG buses is recommended for the following reasons:

Fleet Reliability and Safety: Existing vehicles nearing the end of their useful life experience increased mechanical issues, service interruptions, and maintenance downtime. New buses will improve system reliability and passenger safety.
784
Service Continuity: Replacing aging buses ensures the Transit Division can continue to meet scheduled service levels without service reductions caused by vehicle unavailability.

Passenger Experience: New buses provide improved ride quality, accessibility, and amenities that enhance the overall customer experience and support ridership retention and growth.

The City will utilize CALACT cooperative agreement for the purchase of the buses. The Purchasing Policy identifies that cooperative bids prepared by and processed through local, state or federal government agencies, may be utilized by the City.

FISCAL IMPACT:

The purchase of three (3) 35-foot buses will be funded through State Transit Assistance (STA) reimbursement as part of the City's Short Range Transit Plan.

The total estimated cost of $2,998,200.42 includes vehicle acquisition, applicable taxes, delivery, and associated equipment. Sufficient funds are programmed within existing transit improvement plan, and no impact to the City’s General Fund is anticipated as a result of this action.

Staff will ensure all procurement activities comply with applicable federal, state, and local purchasing requirements.

An appropriation from Transit Fund reserves to Account No. 610 -5800-434.90- 51 - Automotive Equipment in the total amount of $2,998,200.42 is required to fund the purchase. The full expense is included as part of the City’s Short Range Transit Plan and State Transit Assistance (STA) funding will be made available, as a reimbursement, by the Riverside County Transportation Commission to cover the full amount of the purchases.

The updated price corrects the previous price stated in resolution 2026-20 to include the maximum estimates of tariffs.

ALTERNATIVES:

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution_2026-47 v2.docx

2. CC Resolution No. 2026-20.pdf

3. Table4.0-SummaryofFundingRequests.pdf

4. New Flyer Proposal for City of Banning XN35 Rev C.pdf

5. Purchase Requisition Form New Flyer Bus Purchase Mar 2026 v2.pdf 785
Resolution 2026-47

Page 1 of 3 ends

RESOLUTION 2026-47

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

APPROVING THE PURCHASE OF THREE CNG NEW FLYER BUSES FROM NEW FLYER OF AMERICA, INC. IN THE AMOUNT OF $2,998,200.42.

WHEREAS, the City of Banning operates the Banning Connect Transit System, providing Fixed-Route services and Dial-A-Ride services to the residents; and WHEREAS, the Department of Public Works has identified the need to replace three transit support vehicles that have exceeded their useful life; and WHEREAS, staff has requested quotes from approved vendors on the CALACT Cooperative agreement, with NEW FLYER OF AMERICA, INC offering the only response for three 35-foot CNG Fixed Route Buses; and
WHEREAS, the total cost for three transit support vehicles from NEW FLYER OF AMERICA, INC, is $2,998,200.42 including 15% contingency for estimated tariffs; and WHEREAS, pre-approval from the City Council is required to secure vehicle ordering slots and ensure availability; and
WHEREAS, an appropriation in the amount of $2,998,200.42 to Account 610-5800- 434.90-51 is necessary to fund the purchase. The full funding for these purchases will be provided as a State Transit Assistance (STA) reimbursement as part of the City's Short Range Transit Plan.

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 three CNG buses from NEW FLYER OF AMERICA, INC in an amount not-to-exceed $2,998,200.42.

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

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

PASSED, APPROVED AND ADOPTED this 10th day of March 2026. .

Richard Royce, Mayor
City of Banning
786
Resolution 2026-47

Page 2 of 3 ends

ATTEST:

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
787
Resolution 2026-47

Page 3 of 3 ends

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-47, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of March 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
788
789
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
�n kney, Cit
, ovak, Baron, E y & Pinkney,
LLP
Resolution 2026-20

Page 2 of 3 ends

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-20, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of January 2026 by the following vote, to wit:

AYES: Barrington, Flynn, Miller, Royce, Wallace
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2026-20

Page 3 of 3 ends

Sandra Calderon, Deputy City Clerk
City of Banning, California
791
Table 4.0 - Summary of Funding Requests - FY 2024/25
City of Banning
Amendment # 2
Operating

FARE LCTOP
PUC99313
LTF LTF - Deferred
Revenue
LTF-OB OTHR LCL SB 125 TIRCP
GF
Project Total Amount SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314 of Funds
Capitalized Preventative Maintenance $60,000 $57,616 $2,384 Operating Assistance (BUS) (FY 2024/25) $2,388,060 $75,000 $2,143,314 $-221,176 $221,176 $169,746 Operating Assistance (DAR) (FY 2024/25) $264,607 $9,081 $238,146 $17,380 Sub-total Operating $2,712,667 $9,081 $75,000 $2,381,460 $-221,176 $221,176 $187,126 $0 $57,616 $2,384 $0 $0 Capital

FARE LCTOP
PUC99313
LTF LTF - Deferred
Revenue
LTF-OB OTHR LCL SB 125 TIRCP
GF
Project Total Amount SGR PUC99313 SGR PUC99314 STA PUC99313 STA PUC99314 of Funds
Backup Generator - Transit Division - 25-02 $900,000 $900,000 Bus Replacement B - 25-01 $3,400,000 $3,400,000
CNG Station - Compressor #2 - 25-03 $265,000 $247,969 $17,031 Zero-Emission Facility Upgrades and Infrastructure
- 25-04
$2,554,413 $2,489,413 $65,000
Sub-total Capital $7,119,413 $0 $0 $0 $0 $0 $0 $2,489,413 $0 $0 $4,612,969 $17,031 Total Operating & Capital $9,832,080 $9,081 $75,000 $2,381,460 $-221,176 $221,176 $187,126 $2,489,413 $57,616 $2,384 $4,612,969 $17,031 FY 2024/25 Projected Funding Details
FARE $9,081
LCTOP PUC99313 $75,000
LTF $2,381,460
LTF - Deferred Revenue $-221,176
LTF-OB $221,176
OTHR LCL $187,126
SGR PUC99313 $57,616
SGR PUC99314 $2,384
Total Estimated Operating Funding Request $2,712,667
SB 125 TIRCP GF $2,489,413
STA PUC99313 $4,612,969
STA PUC99314 $17,031
Total Estimated Capital Funding Request $7,119,413
Total Funding Request $9,832,080
TransTrack Manager™ Page 1 of 1
1/16/2026 22:58:52 ET 792
Cover Page
City of Banning
Proposal for Three Thirty-Five-Foot
Compressed Natural
Gas Transit Buses with an Additional
Unit Pending Funding
Option off Basin Transit / CalACT
Contract # 23-01
793
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Proposal Table of Contents
Tab 1, Letter of Transmittal
Tab 2, Bus Price Summary
Tab 3, Bus Price Change Detail
Tab 4, Tariffs
Tab 5, Payment Terms and Milestones
Tab 6, Bus Warranty Proposal
Tab 7, Bus Training Proposal
Tab 8, Bus Publications Proposal
Tab 9, Bus Tools and Diagnostics Proposal
Tab 10, Bus Contract Spares Proposal
Tab 11, Bus Technical Summary
794
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 1, Letter of Transmittal
Solicitation Requirements:

N/A
New Flyer Response:

See attached our Tab 1, Letter of Transmittal to City of Banning.

Please indicate your acceptance by providing a Purchase Order to New Flyer, attention:

Adrian Graca, Business Segment Director – Municipal Transit Fleets 204.470.5521
[email protected]
795
February 26, 2026
Sergio Rubio
Fleet Manager – Public Works
City of Banning
99 E. Ramsey Street
Banning, CA 92220
E: [email protected]
P: 951-922-3291
Subject: Quotation for Three Thirty Five-foot Heavy-Duty CNG Transit Buses (Option for Additional Unit Pending Funding)
Dear Sergio,
New Flyer of America Inc. (“New Flyer”) is pleased to submit an option price quotation for the production of three (3) thirty-five-foot Heavy-Duty CNG Transit buses (referred in this proposal as New Flyer’s XN35 model) based on New Flyer’s agreement with Basin Transit (CalACT) Contract #23-01. Additionally, New Flyer is offering an option for the purchase of an additional one (1) XN35 unit, pending the availability of additional funding. If funding is secured, this additional unit will be added to the order under the same terms and conditions as the original buses.

The proposed buses will be technically configured as per the base CalACT bus with changes as listed in Section 3, Bus Price Change Detail.

The XN35 bus price is $810,361.89 USD per bus which includes Warranty, Publications, and Delivery. In addition, estimated tariffs known today are $17,911.69 and a 1.5% bus price tariff contingency of $12,155.43.

Any new tariffs implemented after the date of this proposal’s submission will be recalculated at date of line entry. For a further price breakdown of the revised base bus price and the taxable base bus price, please see Section 2, Bus Price Change Summary. Please note the additional optional unit is offered as an option and is not included in the current quote for three buses.

Tariffs
New Flyer's projected tariffs above are currently known as of this submission, as well as a 1.5% tariff contingency. Should Tariffs change between the submission date and line entry of the vehicle, New Flyer will provide a credit or cost surcharge (pass through with no markup) based on the upward or downward movement of the Tariff, which will be fully supported by auditable back-up and a reference to the respective Executive Order/Law. This approach will be taken for both direct Tariffs, where New Flyer is the importer of record and for indirect Tariffs, where our suppliers are the importer of record. New Flyer is committed to working collaboratively with City of Banning to ensure a transparent and auditable process for addressing tariff-related costs. Refer to the proposal's Tariff Section for more information.

Payment Terms
This contract will include separate invoicing for tariffs and the proposed bus (as defined in the CalACT agreement). Each will be invoiced separately to ensure clarity and transparency, resulting in separate payment terms.
• Tariff payment terms are net 15 days after line entry and when Tariff Price Change and Invoice are submitted.
• Basin Transit/CalACT contract payment terms are net 30 days from acceptance, with bus acceptance required within fifteen (15) days of delivery.

Basin Transit Contract 23-01, Amendment 1, Section 3, describes the approved price calculation method, incorporation of additional tariff costs and support of FTA grantee cost analysis. 796
New Flyer would like to highlight key elements of our proposal:

Warranty: New Flyer exceeds the industry standard warranties in many areas such as our 5 year/300,000 miles axle warranty (standard warranty is 2 years) and our 3 years/150,000 miles multiplex warranty (standard competitor warranty is 1 year/50,000 miles). Please refer to our Warranty Section within our proposal for more information. Please note that warranty is included in the bus price.

Training: New Flyer Training is an organization within the New Flyer Customer Services group, a division of New Flyer Industries. As a part of the leading manufacturer of heavy-duty transit buses in the United States and Canada, we have access to top design, engineering, propulsion technology, and electrical systems professionals. This allows us to offer the service and expertise to maximize the lifetime value of your fleet.

Please refer to our Training Section within our proposal for more information. Please note that training is not included in the bus price.

Publications: The New Flyer Publications team combines extensive, hands-on technical experience with exceptional writing, illustrating, and publishing skills to create the industry’s benchmark in maintenance manuals. They supply accurate information in a timely manner, assisting the customer in the performance of proper bus maintenance, which adds to the overall reliability and lifetime value of each New Flyer bus on the road. Please refer to our Publications Section within our proposal for more information. Please note that publications are included in the bus price.

Tooling and Diagnostics: Please refer to our Tools and Diagnostics Section within our proposal for more information. Please note that tooling and diagnostics are not included in the bus price.

Delivery Proposal: New Flyer is proposing a complete delivery in Q1 of 2027. Please note that delivery is included in the bus price. Our negotiated delivery rate with CalACT is listed in the price detail sheet (as found in Section 3, Bus Price Change Detail in this proposal).

This project allows New Flyer the important opportunity to build a strong relationship with City of Banning. It also gives us the opportunity to deliver some of the most advanced vehicles available in North America. We thank you for your continued interest in New Flyer products and look forward to working with you again in the near future.

This quote is open for acceptance until March 31, 2026. Please indicate your acceptance by providing a Purchase Order to New Flyer, attention Adrian Graca, Business Segment Director – Municipal Transit Fleets at [email protected].

Sincerely,
NEW FLYER OF AMERICA INC.

Robby Tokar
Technical Sales Manager
C 431.294.7568
[email protected]
CC: Walter Yang – Regional Sales Manager
Adrian Graca – Business Segment Director – Municipal Transit Fleets Hiba Raza – Technical Sales Analyst
797
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 2, Bus Price Summary
Solicitation Requirements:

N/A
New Flyer Response:

Please see attached New Flyer’s Tab 2, Price Summary for three (3) XN35 buses, with an option for one (1) additional unit pending funding for City of Banning. 798
Price Change Summary
City of Banning (Banning, CA)
2025-118
23-335 Basin Transit / CalACT (Joshua Tree, CA)
N/A
3 XN35
Each Total
Items Included in Base Bus Price
Original Contract Base Bus Price $ 2,069,700.00 689,900.00 $ Option Year 1 PPI (as agreed by Basin Transit) 33,355.00 $ 100,065.00 $ Option Year 2 PPI Projection of 4.8% (Contract Base Bus Price Plus Option Year 1 PPI Increase) 34,716.24 $ 100,065.00 $ Base Bus Price Changes $ 154,286.15 51,428.72 $
Contract Spares Included With Base Bus 961.93 $ 2,885.80 $ Total Revised Base Bus Price $ 2,431,085.66 810,361.89 $ Add CALACT Procurement Fee (1% of bus price to maximum of $40,000 per order) $ 24,310.86 8,103.62 $ Sales Tax
Total Revised Base Bus Price $ 2,431,085.66 810,361.89 $ Remove Non-Taxable Items
ADA $ (77,327.06) (25,775.69) $
Delivery $ (17,928.44) (5,976.15) $
Extended Warranty $ - - $
Total Taxable Base Bus Price $ 2,335,830.16 778,610.05 $ Banning, CA Sales Tax (7.75% x Taxable Base Bus Price) 60,342.28 $ 181,026.84 $ Total Revised Base Bus Price with Sales Tax and Calact Procurement Fee 878,807.78 $ 2,636,423.35 $ Items Priced Separately
Contract Spares Changes $ - - $
Miscellaneous Price Changes $ - - $
Total Items Priced Separately $ - - $
Estimate of Tariffs Not to Exceed 15% of the Total Revised Base Bus Price 121,554.28 $ 364,662.85 $ Property Name:

Contract Origin:

SR (if applicable):

Quantity:

Bus Type:

Option Number:
799
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 3, Bus Price Change Detail
Solicitation Requirements:

N/A
New Flyer Response:

Please see attached New Flyer’s Tab 3, Price Detail Sheet. This sheet includes all price changes that are required to go from the base bus to the proposed configuration, as requested. 800
Price Change Detail
Property Name: City of Banning (Banning, CA)
Option Number: 2025-118
Contract Origin: 23-335 Basin Transit / CalACT (Joshua Tree, CA) SR (if applicable): N/A
Quantity: 3
Bus Type: XN35
Data
Price Change Type Ref No. Option No. Option Group Description Price per coach Extended TotalBase Bus Price Change 1 260 Battery Compartment Change to 4 Odyssey Group 31 AGM batteries on S/S slide tray $ 4,588.39 1,529.46 $ 2 600 Customer Options Add Sportworks 2-position DL2 black bike rack (Calact Option Number 2 with 4.80% PPI for 2027) 1,767.16 $ 5,301.49 $ 3 526 Seating & Stanchions Add AROWGUARD Drvier Barrier with Extended Glass $ 43,732.52 14,577.51 $ 4 600 Customer Options Add black powdercoated storage box on curbside front wheel well $ 417.56 139.19 $ 5 231 Cooling System Add corossion resistance to MH4 cooling system $ 1,991.15 663.72 $ 6 205 Tires Add New Flyer supplied tires (Michelin X InCity Z) $ 13,966.30 4,655.43 $ 7 600 Customer Options Add a basic Luminator camera system $ 35,033.99 11,678.00 $ 8 450 Flooring A/P Change to Altro Figura Pinwheel 2.7M Floor Covering $ 7,824.85 2,608.28 $ 9 460 Windows Change to AROW Global 7/32' UPPER T SLIDE $ 2,631.55 877.18 $ 10 549 HVAC System Change to X430 compressor $ (3,087.00) (1,029.00) $ 11 600 Customer Options Change to USSC Fogmaker fire suppression & methane detection system 3,336.93 $ 10,010.78 $ 12 526 Seating & Stanchions Change to CitiPro 26-pass passenger seating with 2 wheelchair positions each consists of 1-VPRO II A.D.A. compliant system 1,010.99 $ 3,032.98 $ 13 526 Seating & Stanchions Change to RECARO ERGO M DRIVER SEAT $ 3,746.86 1,248.95 $ 14 600 Customer Options Add Diamond SV farebox with 2 vaults (Calact Option Number 15 with 4.80% PPI for 2027) 2,899.52 $ 8,698.55 $ 15 470 Destination Signs Change to Smart Series 3 amber front and side destination signs $ (3,595.51) (1,198.50) $ 16 470 Destination Signs Luminator Software Suite $ 2,063.25 687.75 $ 18 Delivery Deliverable Delivery Zone 1 (with PPI projection of 4.80% to 2027) $ 17,928.44 5,976.15 $ Base Bus Price Change Total $ 154,286.15 51,428.72 $
Contract Spares Base Bus Price 17 205 Tires Add spare tire & steel wheel assembly (Michelin X InCity Z) $ 2,885.80 961.93 $ Contract Spares Base Bus Price Change Total $ 2,885.80 961.93 $ Grand Total $ 157,171.94 52,390.65 $ 801
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 4, Tariffs
Solicitation Requirements:

N/A
New Flyer Response:

New Flyer’s proposed price includes known Tariff costs up to the point of this submission, as well as a 1.5% contingency.

Per the terms of Basin Transit/CalACT Contract # 23-01, the following provisions apply:
 Section GC 9.5, Changes of Law
o Changes of Law that become effective after the Proposal Due Date may result in price changes. If a price adjustment is indicated, either upward or downward, it shall be negotiated between the Agency and the Contractor and the final Contract price shall be adjusted upwards or downwards to reflect such changes in Law. Such price adjustment may be audited, where required. For certainty, in the event that a price adjustment is required in respect of changes that are mandatory as a result of legislation or regulations that become effective after the date of the tender submission, such price adjustment shall be negotiated in good faith by the Agency and the successful bidder.

Should Tariffs change between the submission date and line entry of the vehicle, then New Flyer will provide either a credit or cost surcharge (pass through with no markup) to City of Banning based on the upward or downward movement of the Tariff. This adjustment will be fully supported by auditable back-up and a reference to the respective Executive Order/Law. This approach will be taken for both direct Tariffs, where New Flyer is the importer of record and for indirect Tariffs, where our suppliers are the importer of record.

The amount will be calculated through New Flyer’s SRCR (Sales Release Change Request) process and passed through at cost. It will be clearly identified as a Tariff Surcharge on the Price Change sheet.

The payment terms for Tariffs are Net 30 days from the time of the Price Change, including auditable backup, and invoice are presented to City of Banning.

The federal government requires that the importer on record pay for Tariffs 2 weeks from the date they are incurred and provide a bond for tariff payments. New Flyer has provided a bond to the Federal Government for Tariff Payments; therefore, the Tariff payment at line entry is not considered an Advanced Payment, and no additional security is required.

New Flyer is taking an active advocacy role to educate stakeholders on the impact of tariffs on our industry and the economic impact to Transit Agencies. Unforeseen economic factors and changes in laws and regulations create disruption and added costs. We encourage City of Banning to reach out to your government offices to share the impact of Tariffs on your organization and participate in advocacy outreach where and how you deem appropriate.
802
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 5, Payment Terms and Milestones
Solicitation Requirements:

N/A
New Flyer Response:

This contract will include separate invoicing for tariffs and the proposed bus (as defined in the Basin Transit/CalACT Contract #23-01), which result in separate payment terms.

Tariff Payment Terms
The payment terms for Tariffs are Net 15 days from the time of the Price Change, including auditable backup, and invoice are presented to City of Banning.

Contract Payment Terms
Basin Transit/CalACT contract payment terms are net 30 days from acceptance, with bus acceptance required within fifteen (15) days of delivery.
803
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 6, Bus Warranty Proposal
Solicitation Requirements:

N/A
New Flyer Response:

Please see the attached New Flyer Tab 6, Warranty Proposal. Please note that Warranty Pricing is included as part of the Bus Price.
804
CONTRACT DELIVERABLES LIST Warranty
CUSTOMER NAME City of Banning
BID NUMBER 2025-118 (23-335)
BUS MODEL XN35
QUANTITY 3

MAJOR COMPONENT DESCRIPTION COMMENTS

PROVIDER YEARS MILEAGE
Base Bus Warranty New Flyer of America 2 100,000 Excluding scheduled maintenance items, acts of nature, or normal consumablesBasic Bus Structure New Flyer of America 3 150,000 Body, and body structure shall consist of the components that are bolted or riveted to the structure, such as, exterior panels, interior panels, roof, ceiling, and driver’s barrier.

Chassis Structure (Integrity) New Flyer of America 12 500,000 Consists of all components that are welded together to form the main frame (skeleton) and body construction. The structural integrity guarantee covers against a significant loss of structural integrity of the assembly or its functional performance due to non corrosion related failures.

Chassis Structure (Corrosion) New Flyer of America 12 500,000 Consists of all components that are welded together to form the main frame (skeleton) and body construction. The corrosion guarantee covers against a significant loss of structural integrity of the assembly or its functional performance, resulting from a pertinent loss of cross-section due to corrosion caused by normal environmental elements but excludes corrosion caused by aggressive road de-icers such as Magnesium Chloride or equivalents, unless New Flyer approved preventative measures are taken. The warranty shall be void if the Agency fails to conduct corrosion inspections and scheduled preventive maintenance procedures as specified in the Contractor’s maintenance manuals. The Agency shall maintain documentation, auditable by the Contractor, verifying service activities in conformance with the Contractor’s maintenance manuals.

Engine Cummins 2 Unlimited All repairs/warranty claims need to be handled through the local authorized repair facility. When the 3 year extended warranty is purchased (5 years total) the following applies: Two Year Base (Full Coverage), years 3,4 & 5 covers components only as per manufacturer's warranty document.

Transmission Allison 2 Unlimited All repairs/warranty claims need to be handled through the local authorized repair facility. When the 3 year extended warranty is purchased (5 years total) the following applies: Two Year Base (Full Coverage), years 3,4 & 5 covers components only as per manufacturer's warranty document.

Axle (Front and Rear) MAN 5 300,000
Excluding maintenance items & items that are not covered by the OEM's warranty. All friction materials are excluded from this limited warranty. Wear and third party items supplied with the axle (e.g. slack adjuster, seals and bearings, shocks, air bellows, radius rods, brake chambers) are not included in the 5 year warranty. Please see manufacturer's warranty document.

A/C Thermo King 2 Unlimited Some limitations and exclusions may apply - Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.Brake System New Flyer of America 2 100,000 Friction Material ExcludedDestination Signs Luminator 6 Unlimited Some limitations and exclusions may apply - Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.Door Systems Vapor 3 150,000 Excluding maintenance items & items that are not covered by the OEM's warrantyAir Compressor Cummins 2 UnlimitedWheelchair Ramp New Flyer of America 2 100,000Electrical System Parker 3 150,000 Excluding maintenance items & items that are not covered by the OEM's warrantyLED Headlights J.W.Speaker 6 Unlimited Warranty covers parts only after first yearPaint Axalta 5 UnlimitedAir Dryer Haldex 2 200,000Alternator EMP 2 100,000Charge Air Cooler EMP 3 150,000LV Batteries Odyssey 2 100,000Passenger seats American Seating 5 Unlimited Some limitations and exclusions may apply - Please see manufacturer's warranty document.Emission Control System Cummins 5 100,000
Some limitations and exclusions may apply - Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility for Cummins components. Warranty includes Particulate Filter, DEF Components and Aftertreatment devices which should be submitted direct to New Flyer.

Radiator Fan Drive EMP 3 150,000Road Call New Flyer of America 5 300,000Towing New Flyer of America 5 300,000Handling (15%) New Flyer of America 5 300,000Troubleshooting New Flyer of America 5 300,000Tires New Flyer of America 2 24,000
New Flyer Industries Limited warrants the tires installed as original equipment on this vehicle only against defects in materials and workmanship which cause the vehicle to fail to comply with applicable U.S. and Canadian greenhouse gas emission limits (“Warrantable Emissions Failures”). This vehicle emissions limited express warranty relating to original equipment tires is valid for two (2) years or 24,000 miles whichever occurs first.

Greenhouse Gas Emissions-Related Warranty (Idle Reduction Systems) New Flyer of America 5 100,000 Aluminum Wheels, Emissions-related warranty on Neutral-Idle or Start/Stop idle reduction systems, as defined by the U.S. EPA (not including Allison Standard FuelSense 2.0, Restricted Neutral-at-Stop (NAS), and “Auto-Neutral” functions)

BASE AND EXTENDED WARRANTY
805
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 7, Bus Training Proposal
Solicitation Requirements:

N/A
New Flyer Response:

See the attached New Flyer Tab 7, Training Proposal.

Please note that this proposal is for recommended training only. Training courses may be selected by City of Banning. New Flyer’s training team is happy to advise on selecting the correct training for your needs.

Corresponding Training prices are not included in the Bus Price. 806

CONTRACT DELIVERABLES LIST CUSTOMER TRAINING
CUSTOMER NAME City of Banning
BID/OPTION/SR NUMBER 2025-118
TECHNICAL SUMMARY Rev Draft 1
BUS MODEL XN35
QUANTITY 3
New Flyer Supplied Training

DESCRIPTION RECOMMENDED MAXIMUM NUMBER OF
STUDENTS PER CLASS QTY HRS. TOTAL SELLING
PRICE AT BID REQUIREMENT BILLABLE: Y/N
Operator Orientation (Train-the-Trainer) 6 4 $986.85 Recommended Y Maintenance Orientation 15 4 $986.85 Recommended Y
Preventive Maintenance Inspection 10 4 $986.85 Recommended Y Multiplex System 10 32 $7,894.80 Recommended Y
Entrance & Exit Doors 10 4 $986.85 Recommended Y
Wheelchair Ramp 10 4 $986.85 Recommended Y
Brake Systems and Axles 10 16 $3,947.40 Recommended Y
Air System and ABS 10 8 $1,973.70 Recommended Y
Suspension and Steering 10 8 $1,973.70 Recommended Y
Electric Fan Drive 10 4 $986.85 Recommended Y
Coolant Loop Fill Procedure 10 4 $986.85 Recommended Y
Towing 10 4 $986.85 Recommended Y
Body and Structure 10 4 $986.85 Recommended Y
CNG Fuel System 10 8 $1,973.70 Recommended Y
Sub Total - New Flyer Training $26,644.95 Y
OEM Vendor Supplied Training

DESCRIPTION RECOMMENDED MAXIMUM NUMBER OF
STUDENTS PER CLASS QTY HRS. TOTAL SELLING

PRICE AT BID
Engine Maintenance 8 24 $21,060.00 Recommended Y
Transmission Maintenance 8 16 $12,960.00 Recommended Y
HVAC Maintenance 8 8 $5,130.00 Recommended Y
Fire Suppression/Gas Detection 10 8 $5,670.00 Recommended Y Destination Sign 10 12 $10,530.00 Recommended Y
Sub Total - OEM Vendor Training $55,350.00
Training Total (priced separate from the bus price) $81,994.95 Y Note: Line items listed are individual courses. The hours shown are instructor hours for each course. The Transit Agency must select which courses and which quantities are required based on their specific operation and staffing.
807
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 8, Bus Publications Proposal
Solicitation Requirements:

N/A
New Flyer Response:

See the attached New Flyer Tab 8, Publications Proposal. Please note that Publication Pricing is included in the Bus Price.
808
CONTRACT DELIVERABLES PROPOSAL PUBLICATIONS rev a. August 8, 2025 PRIMARY CUSTOMER NAME City of Banning
PUBLICATIONS CUSTOMER NAME City of Banning
BID NUMBER 2025-118 (Based on 23-335)
BUS MODEL XN35
QUANTITY 3
This is for on XN35 Option Build of approx
3 Buses Only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(years) COMMENTS
Emergency Responder Guide (8.5x11 laminated paper) 3 With First Bus Delivery 6 Emergency information to be on board each
bus
Operator's Guide (8.5x11 3-hole) 3 With First Bus Delivery 6 Parts Manual 1 Within 30 Business Days After Last Bus Delivery 6 Service Manual 1 Within 30 Business Days After Last Bus Delivery 6 Bus System Drawings Manual (11x17 3-hole regular paper
includes air, electr, hydraulic, cooling, PLC HVAC layouts and schematics) 1 Within 30 Business Days After Last Bus Delivery 6 TIV USB 1 Within 30 Business Days After Last Bus Delivery 6 USB Includes only NF Manuals plus OEM
items below with "*"
This is for on XN35 Option Build of approx
3 Buses Only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(years) COMMENTS
With First Bus Delivery or Soon After Receiving From OEM Supplier Fault Code Troubleshooting Manual (Vol 1 - 3) 1 " N/A
Service Manual (Vol 1 - 2) 1 " N/A
Operation & Maintenance Manual 1 " N/A
Owners Manual 1 " N/A
With First Bus Delivery or Soon After Receiving From OEM Supplier Service Manual 1 " N/A *
Parts Manual 1 " N/A *
Troubleshooting Manual 1 " N/A *
Principle of Operations 1 " N/A *
Mechanics Tips 1 " N/A *
Operator's Manuals 1 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier Unit Operation & Maintenance Manual 1 " N/A *
Intelligaire III Diagnostic Manual 1 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier MH4 Cooling System Service Manual 1 " N/A *
MH4 Cooling System Troubleshooting Manual 1 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier ABS Maintenance Manual 1 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier MGM eStroke RS232 Diagnostic Document 1 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier Luminator Apollo Hardware User Manual 1 " N/A *
Luminator Apollo RsM Software User Manual 1 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier Twin Vision Operation & Maintenance Manual 1 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier Fogmaker System Operation and Maintenance Manual 1 " N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier Hardware User Guides 1 " N/A *
Software User Guides 1 " N/A *
MGM Brake Stroke Monitor OEM Manual (includes only the
following)
Vansco Multiplexing System OEM Manual (includes only the following)
Destination Sign OEM Manual Set (includes only the following) WABCO ABS System OEM Manual (includes only the following) ALLISON TRANSMISSION B300/400/3400xFE OEM Manual Set
(includes only the following)
Video Surveillance System OEM Manual (includes only the following)
New Flyer Standard Bus Publications
OEM Supplier Publications
FSS & GD OEM Manual Set (includes only the following)
Cummins L9N (CM2380) Engine OEM Vendor Manual Set
(includes only the following)
Thermo King HVAC OEM Manual Set (includes only the
following)
EMP Cooling System OEM Manual Set (includes only the
following)
809
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 9, Bus Tools and Diagnostics Proposal
Solicitation Requirements:

N/A
New Flyer Response:

See the attached New Flyer Tab 9, Tools and Diagnostics Proposal.

Please note that this proposal outlines New Flyer’s recommended tools and diagnostics package required to maintain the Xcelsior® bus. The package acts as a shopping list for City of Banning to select from, as required.

The corresponding Tooling and Diagnostic prices are not included in the Bus Price. 810
New Flyer Tools Diagnostics Proposal
2025-08-25
Rev Draft 1
City of Banning
2025-118
Item Billing Method Customer Specification Description NF Parts Description Part Number Type Bid Quoted
NF Part #
or Link
Quantity
Individual Unit Selling
Price
(USD)
Total Selling Price
(USD)
1 Billed Separately KIT - Panasonic FZ55 Toughbook Laptop Diagnostic Equipment 6502351 1 $ 3,903.71 $ 3,903.71 2 Billed Separately Nexiq USB Link™ 3 - WIFI/Bluetooth Edition Diagnostic Equipment 6494933 1 $ 1,468.70 $ 1,468.70 3 Billed Separately Harness - Adapter Diagnostic CAN 2 Diagnostic Equipment 07-12-5916 1 $ 144.95 $ 144.95 4 Billed Separately ZF Testman IAM Diagnostic Kit Diagnostic Equipment 6435374 1 $ 4,602.55 $ 4,602.55 5 Billed Separately Adapter - Dongle ZF Diagnostic Equipment 6503298 1 $ 367.10 $ 367.10 6 Billed Separately Intelligaire III Diagnostic Software & Cables Diagnostic Equipment 6393934 1 $ 2,762.51 $ 2,762.51 7 Billed Separately Cable - PVSG Interface Diagnostic Equipment 6487019 1 $ 58.40 $ 58.40 8 Billed Separately Cable - Transtech VR Interface Diagnostic Equipment 6488984 1 $ 329.65 $ 329.65 9 Billed Separately Cable Assy, e-Stroke Diagnostic Equipment 6394039 1 $ 786.92 $ 786.92 10 Billed Separately eDT Diagnostic Handheld Kit - MGM eStroke Diagnostic Equipment 6412679 1 $ 4,518.04 $ 4,518.04 11 Billed Separately Cummins Insite Lite (Initial Download) Software / Annual Renewals/ Subscriptions 6339520 1 $ 1,271.16 $ 1,271.16
12 Billed Separately Cummins Insite Lite (Renewal) Software / Annual Renewals/ Subscriptions 6495522 1 $ 1,316.56 $ 1,316.56
13 Billed Separately Cummins Insite Pro Software / Annual Renewals/ Subscriptions 6339521 1 $ 1,937.11 $ 1,937.11
14 Billed Separately Cummins Insite Pro (Renewal) Software / Annual Renewals/ Subscriptions 6495523 1 $ 1,360.23 $ 1,360.23
15 Billed Separately Allison DOC Premium (Initial Download) Software / Annual Renewals/ Subscriptions 6469849 1 $ 1,749.44 $ 1,749.44
16 Billed Separately Allison DOC Premium (Renewal) Software / Annual Renewals/ Subscriptions 6474918 1 $ 938.34 $ 938.34
17 Billed Separately Wabco ABS Software (Inititial Download) Software / Annual Renewals/ Subscriptions 6334596 1 $ 445.31 $ 445.31
18 Billed Separately Wabco ABS Software (Renewal) Software / Annual Renewals/ Subscriptions 6495817 1 $ 421.46 $ 421.46
19 Billed Separately Cummins Insite Software No Charge Software INSITE™ Engine Diagnostics | Cummins Inc. 1 $ - $ -
20 Billed Separately EMP Software No Charge Software EMP : Drivers & Downloads (empcorp.com) 1 $ - $ - 21 Billed Separately Twin Vision MIE Software No Charge Software https://luminator.zendesk.com/hc /en-us/requests/new 1 $ - $ -
22 Billed Separately Vansco Software No Charge Software http://divapps.parker.com/divapp s/iqan/VanscoVMMS.html
1 $ - $ -
23 Billed Separately Vansco 1210 Chooser No Charge Software http://divapps.parker.com/divapp s/iqan/VanscoDLA.html 1 $ - $ -
24 Billed Separately PVSG Software No Charge Software
https://ph.parker.com/us/17616/e
n/gateway-module-parker-vehiclesystemgateway/#product_support 1 $ - $ -
25 Billed Separately Smartrider Software No Charge Software https://promo.parker.com/promo
tionsite/parker-smartsuspension/us/en/home1 $ - $ -
26 Billed Separately Kit - Lift Tow Universal Special Tools and PPE 6396565 1 $ 318.25 $ 318.25 27 Billed Separately Kit - Lift Tow Receivers Special Tools and PPE 6396567 1 $ 2,069.84 $ 2,069.84 28 Billed Separately Xcelsior Flat Tow adapter (2 pcs. Per set) Special Tools and PPE 6395097 1 $ 2,003.25 $ 2,003.25 29 Billed Separately Assy - Frame Flat Towing Special Tools and PPE 902990 1 $ 6,732.15 $ 6,732.15 30 Billed Separately Jacking Adapters Special Tools and PPE 434434 1 $ 1,211.58 $ 1,211.58 31 Billed Separately Repair Kit - Disc Brakes & Synact Calipers Special Tools and PPE 6501865 1 $ 11,098.59 $ 11,098.59 32 Billed Separately Torque Multiplier Special Tools and PPE 6314711 1 $ 2,788.17 $ 2,788.17 33 Billed Separately Hub Repair Kit - MAN VOK-08 Frt Axle Special Tools and PPE 6408311 1 $ 11,906.99 $ 11,906.99 34 Billed Separately Optional Hub Removal Hydraulic Tool Kit - MAN VOK-08 Special Tools and PPE 6458834 1 $ 6,858.07 $ 6,858.07 35 Billed Separately King Pin Press Kit - MAN VOK-08 Frt Axle Special Tools and PPE 6494532 1 $ 22,015.51 $ 22,015.51 36 Billed Separately Hub Repair Kit - MAN HY1350 RR Axle Special Tools and PPE 6408306 1 $ 7,486.38 $ 7,486.38 37 Billed Separately ABS Sensor R&R Kit - MAN HY1350 RR Axle Special Tools and PPE 6408307 1 $ 1,271.38 $ 1,271.38 38 Billed Separately Pinion Seal Repair Kit - MAN HY1350 RR Axle Special Tools and PPE 6444302 1 $ 3,181.96 $ 3,181.96 39 Billed Separately Differential Repair Kit - MAN HY1350 RR Axle Special Tools and PPE 6444303 1 $ 11,768.32 $ 11,768.32 40 Billed Separately Optional Tool Kit - MAN HY1350 RR Axle Special Tools and PPE 6444304 1 $ 47,891.32 $ 47,891.32 41 Billed Separately Rebuild Kit - EMP Alternator Special Tools and PPE 6405510 1 $ 4,492.16 $ 4,492.16 42 Billed Separately Coolant System Pressure Tester Special Tools and PPE 660817 1 $ 1,160.50 $ 1,160.50 43 Billed Separately Kit - Coolant Pressure Fill Special Tools and PPE 6484741 1 $ 4,924.59 $ 4,924.59 44 Billed Separately Puller Tool - Pitman Arm Special Tools and PPE 6394270 1 $ 776.72 $ 776.72 45 Billed Separately Alignment Tool - Flex Connector Special Tools and PPE 6360381 1 $ 959.62 $ 959.62 46 Billed Separately Eng/Trans Dolly - Universal Special Tools and PPE 086444 1 $ - $ - 47 Billed Separately Cummins L9N Service Tool Kit Special Tools and PPE 6483729 1 $ 35,232.86 $ 35,232.86 48 Billed Separately Kit - Allison Service Tools Special Tools and PPE 6360446 1 $ 14,590.82 $ 14,590.82 49 Billed Separately TK R134a A/C Tool Kit Special Tools and PPE 6350866 1 $ 32,590.31 $ 32,590.31 50 Billed Separately Fogmaker Tool - Manual Push Button Tester Special Tools and PPE 6407366 1 $ 152.90 $ 152.90 51 Billed Separately Fogmaker Filling Tool - Piston Accumulator Special Tools and PPE 6448969 1 $ 789.57 $ 789.57 52 Billed Separately Fogmaker Filling Tool Kit Special Tools and PPE 6448970 1 $ 361.17 $ 361.17 53 Billed Separately Fogmaker Evac/Refill Tool - Detection Cylinders Special Tools and PPE 6448971 1 $ 239.10 $ 239.10 54 Billed Separately Fogmaker Gas Filling Tool - Detect Cyls/Piston Accums Special Tools and PPE 6448972 1 $ 1,095.42 $ 1,095.42 55 Billed Separately Fogmaker System Flushing Kit Special Tools and PPE 6448973 1 $ 332.19 $ 332.19 56 Billed Separately Fogmaker Filling Kit - Piston Accumulator Special Tools and PPE 6448974 1 $ 5,853.01 $ 5,853.01 57 Billed Separately Fogmaker Calibration Kit - Methane/Gas Detection Special Tools and PPE 6407367 1 $ 3,090.15 $ 3,090.15 $ - $ -
$ - - $
Notes:
• If parts are required to be assembled in advance of shipment, please confirm part number type is set to "Assembly". $ -
$ 273,624.99
*Above totals exclude applicable taxes.

Date
Revision Level
Quantity - Bus Model
Pricing Expiration Date
Total Amount Included in Bus Price
Customer Name
Bid / Option Number
Customer Signature Date Total Amount Billed Separately
• Part numbers are subject to change.
• If multiple kits are ordered, the subcomponent quantities listed will only display the total quantities needed per kit. 811
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 10, Bus Contract Spares Proposal
Solicitation Requirements:

N/A
New Flyer Response:

Spare tire and wheel assembly have been included as contract spares in New Flyer’s proposal. 812
New Flyer Contract Spares Proposal
2025-08-06ACity of Banning (Banning, CA)2025-118
Item Billing Method Customer Specification Description NF Parts Description Part Number Type Bid Quoted NF Part # Quantity Individual Unit Selling Price (USD) Total Selling Price (USD) 1 - Add spare tire & steel wheel assembly (Michelin X InCity Z) ASSY-WHEEL P/COAT WHT NON-LEAD Assembly 951771 1 961.93 $ 961.93 $ 2 $ - - $
3 $ - - $
Notes:
• If parts are required to be assembled in advance of shipment, please confirm part number type is set to "Assembly". $ 961.93$ -
*Above totals exclude applicable taxes.

Date
Revision Level
Quantity - Bus Model
Pricing Expiration Date
Total Amount Included in Bus Price
Customer Name
Bid / Option Number
Customer Signature Date Total Amount Billed Separately
• Part numbers are subject to change.• If multiple kits are ordered, the subcomponent quantities listed will only display the total quantities needed per kit. 813
City of Banning
Option for Three (3) XN35 Buses, with an Additional Unit Pending Funding Tab 11, Bus Technical Summary
Solicitation Requirements:

N/A
New Flyer Response:

Please see the attached New Flyer Tab 11, Technical Summary that outlines key components or the proposed bus.
814
Family Family Description Feature Feature Description
100-00 XCELSIOR COACH LENGTH X35 Xcelsior - 35' coach.
100-03 STRUCTURAL MATERIAL CAR Carbon steel/ferritic sst. 100-04 FUEL TYPE CNG CNG
100-05 EPA CALENDAR YEAR 025 2025
100-09 DOCKET 90 SPEC INT For interior of coach (as per spec). 100-0B POWERTRAIN CAN BAUD RATE 500 500 kbps
100-0Y BUS MODEL YEAR 027 2027
201-01 FRONT BUMPER NFI Romeo Rim, three piece, front bumper. 201-03 FRONT TOWING PROVISIONS 001 Basic set-up, incorporated in front chassis. Tow adapters are required.
201-05 REAR BUMPER NFI Romeo Rim, three piece, rear bumper with anti-ride feature.
203-01 FRONT AXLE 003
M.A.N. VOK-08, GAWR 18,078 lbs. With disc brakes.

Hub mount, Knorr Synact Calipers, with Level N, near
zero copper (<0.5%) brake pads.
203-02 SECUREMENT OF BRAKE LININGS NFI Bonded.
203-03 BRAKE WEAR INDICATION 003 Continuous wear sensors are required. 203-04 BRAKE WEAR INDICATION LOCATION 002 At instrument panel and at engine/propulsion compartment switch box via stand-alone lamps.
203-05

ELECTRONIC BRAKE STROKE
MONITOR MGM MGM E-stroke system.
203-06 SHOCK ABSORBERS NFI Koni.
203-07 FRONT STABILIZER BAR PVD Required.
203-0A

FRT AXLE AND WHEEL SPLASH
APRONS 001 Basic, full width, fore of axles and wheels. 203-0B RADIUS ROD BUSHINGS WIN Windowed
204-01 REAR AXLE 003
M.A.N. 4.56:1 HY-1350. GAWR 28,660 lbs. With disc
brakes. Hub mount, Knorr Synact Calipers, with Level N, near zero copper (<0.5%) brake pads.
204-03 REAR AXLE GEAR OIL PET Petroleum based.
204-09 REAR AXLE DRAIN PLUGS EXT Magnetic external hex head. 204-0A REAR AXLE MUD FLAP ONE One aft of rear axle. (Requirement is determined by local climate, ice build-up, high ambient temperature.) 204-0C REAR WHEEL MUD FLAP 002 One aft of each rear wheel. 205-01 TIRE SUPPLIER 001 NFIL supplied tires.
205-06 WHEELS STW 22.5" x 8.25" steel. White powdercoat. 205-0J STEERING AXLE TIRES 003 305/70R/22.5, Michelin X InCity Z (65 mph). 205-0M REAR AXLE TIRES 003 305/70R/22.5, Michelin X InCity Z (65 mph). 209-01 POWER STEERING PUMP ZFT ZF/TRW power steering pump powered off engine accessory drive.
209-02 POWER STEERING HOSES GAT Gates G2XH
209-05 POWER STEERING RESERVOIR REQ Required.
209-08 POWER STEERING DRAIN PLUG MAG Magnetic plug.
209-09 POWER STEERING UNIT VTX ZF TAS85, power assisted, frame mounted. 209-0A POWER STEERING SYSTEM FLUID DEX Dexron III, mineral based. 219-01 FUEL/PROPULSION SYSTEM CNG L9N CNG engine.
815
219-02 PROPULSION,HP,TORQUE,TYPE 013
Cummins L9N 2024 emission-standard CNG engine, 280
horsepower with 900 LB FT torque. Uses a heat
exchanger for the isolated cabin heating loop. Refer to 100-05 for EPA/Engine Model Year.
219-05 AIR COMPRESSOR W30 Wabco HD 30.4, twin cylinder, turbo aspirated. 219-07 STARTER (ELECTRIC) 39M Delco 39MT, 24 volt heavy duty cranking motor, integrated magnetic switch, with PLC cut-out.
219-0B CUMMINS DIPSTICK,LOCATION CSS Static oil level indicator, on curbside of engine. 219-0C ENGINE & TRANS FLUID FILL TAGS NFI For engine and transmission dipsticks. 219-0D ROAD SPEED 065 Top road speed is governed. Set at 65 MPH (105 KPH). 219-0M TRANSMISSION/HYBRID
DRIVE/TRACTION MOTOR 001 Allison B400R (with retarder). 219-0P TRANSMISSION SHIFTING NFI Foot on brake enables shift when in neutral. 219-0R ALLISON TRANSMISSION SPEEDS 001 Primary mode: 6 speed Performance, secondary mode:
6 speed Economy.
219-0T ALLISON NON-HYB TRANS RETARDER 001 1 stage from accelerator (25% retarder), 2 stages from brake pressure (66% and 100% retarder at 4 and 6 PSI).
219-0U ALLISON TRANS FLUID LEVEL DISPLAY BSC Display provided. 219-0Y

ALLISON TRANSMISSION

PROGNOSTICS
DIS
The ECU program has Prognostics set to ON but
DISABLED. The customer can ENABLE as desired.

Prognostics: Oil Life Monitor, Filter Life Monitor,
Transmission Health Monitor.
219-15 ALLISON FUEL SENSE PACKAGE 2PL
FuelSense 2.0 Plus with DynActive infinitely variable
shift scheduling, Dynamic Shift Sensing and improved
Neutral at Stop functionality.
219-16 ALLISON NAS DEACTIVATION 001 Brake release.
219-18 FLUID, TRANS/HYBRID DRIVES DDH Dura Drive HD synthetic 219-1A ENG/TRANS OIL DRAIN PLUGS BSC OEM Provided
219-1C AIR CLEANER CUM Cummins. Reusable housing with disposable cartridge/filter.
219-1D AIR RESTRICTION INDICATOR MCH Mechanical gauge mounted directly on air intake tube. 219-1E EXHAUST SYSTEM MUF Using muffler and tubing.
219-1F EXHAUST TAIL PIPE ORIENTATION 001 Curved pipe set to 45 degrees to streetside. 219-1G

EXHAUST BLANKETS FOR CUMMINS

DIESEL OR CNG
BSC Provided for the exhaust tubes.
219-1U ENGINE SWITCH BOX BSC Basic indicator configuration with run/start switch. 219-22 ENGINE COMPARTMENT GAUGES CNR
Programmable CAN communicator. Standard Features:

Engine Oil Pressure, Engine Water temperature,
Tachometer, 12V/24V battery voltage, Hour Meter,
Active Faults, Individual CNG Tank Pressures, Drivetrain Specific features.
816
219-25 ENG SWITCHBOX KEYPAD 002
Includes service light switch, start disabled indicator, CNG valve fault indicator, coolant fill switch/low
coolant indicator, rad fan diagnostic indicator/fan
reverse switch.
219-27 ENGINE OIL FILL TUBE & CAP BSC Basic Cummins supplied. 219-28 ALTERNATOR 450 EMP Power 450.
219-2E BELT GUARD 001 The engine pulley guard hinged to open curbside.

Yellow powder coated.
219-2F BELT GUARD LATCHING 001 SST adjustable draw latch. 219-2G A/C BELT GUARD BLT The A/C pulley guard is bolted. Yellow powdercoated. 219-2H OIL SAMPLING PET Required for engine and transmission, using KP push button probalizer fittings.
219-2J OIL SAMPLING, EASY ACCESS 001 For engine and transmission probalizer fitting located at street side engine strut.
219-2Z COOLANT PRESSURE FILL HOSE GAT Gates G2XH.
219-33 TRANSMISSION ACCUMULATOR HOSE MNU NFIL (Manuli) Equator 1. 231-02 RADIATOR,CAC,HYDR FLUID COOLER MH4 EMP MH4 GEN4 with full diagnostic capabilities. 4 x 15" fans.
231-04

RADIATOR REVERSE FAN SW & DIAG
LAMP REQ Keypad button.
231-06 SURGE TANK DCY Dual cylindrical SST tanks with isolated cabin heating loop.
231-08

SURGE TANK ENG MAINT & DERATE

SENSOR MFR
FOZ Fozmula
231-09 SURGE TANK PRESSURE TEST PORT PVD Schrader valve fitting provided. 231-0A SURGE TANK PRESSURE RELIEF VALVE 001 Radiator cap (LEV-R VENT), built into surge tank cap. 231-0B SURGE TANK SIGHT GLASS NFI Graduated sight glass (glass material). 231-0C RAD TUBES SST SST
231-0F COOLANT FLUID/ANTIFREEZE 001
50/50 pre-mixed distilled water with ethylene glycol
with anti-corrosion additive and bittering agent. Pink
fluid.
231-0G TRANSMISSION/HYBRID DRIVE
COOLER
009 Modine LCOC.
231-0H TRANSMISSION OIL COOLER HOSES NFI NFIL (Manuli) Equator 1. 231-0K COOLANT RECOVERY TANK REQ Required.
231-0T LOWER VENT LINE HOSE GAT Gates G2XH.
241-0C CNG FUEL TANKS US6
6 Agility Fuel Solutions All Carbon Fiber (ACF) 15.7" OD x 120" long roof mounted cylinders with OMB ESA 24V
solenoid valves. Total system capacity is 19,770 scf at 3600 psi.
241-0E CNG PRESSURE RELIEF DEVICE PRD
One remote OMB York and one PRD integrated into
tank valve. Operating pressure: 0 - 3600 psi. Operating temperatures: -40 F to 180 F, thermal relief (nominal
230 F).
817
241-0F CNG DEFUEL PROVISION AFS
Swagelok AFS valve with quick connect 1/4" fitting and
NGV1 receptacle compatible with OPW BDN defuel
nozzle.
241-0G CNG FUEL FILL RECEPTACLES PRK
Parker Standard Fill (NGV1) and Fast Fill (Heavy Duty)
receptacles set at 3600 psi. With dust cap. Compatible
with Sherex/OPW 1000 and 5000 (or equivalent)
nozzles.
241-0H CNG FUEL LINE IDENTIFICATION NFI SST lines are labeled with yellow adhesive warning labels at every 36".
241-0J CNG TANK ISOLATION VALVES NFI Integral with tank valve. 241-0P CNG FUEL FILL DOOR INTERLOCK REQ
Shuts down engine when fuel fill door is open. Prevents engine restart. Programmable timing details are
required for Electrical.
241-0R CNG PRESS [email protected] 001 Lamp on instrument panel, triggers at 500 psi. 241-0T CNG ROOF EQUIPMENT NON-SKID
SURFACE REQ Provided where required.
241-0V CNG ROOFTOP WALKWAY PVD Provide next generation CNG system with ergonomically friendly doors.
246-01 AIR COMPRESSOR DISCHARGE LINE NFI Teflon 2807 SST braided hose. 246-02 BASIC AIR TANKS B02
Combo Tank 1 (Wet Tank + Primary Brake Tank),
Combo Tank 2 (Front Axle Kneeling Tank + Accessory
Air Tank), Combo Tank 3(Secondary Brake Tank +
Emergency Brake Release Tank).
246-04 AIR TANK DRAIN VALVES MNL Manual 1/4 turn valve. 246-06 WET TANK DRAIN VALVE MAN Manual 1/4 turn valve.
246-09 RIDE HEIGHT SENSORS SP2
SmartRider electronic leveling system on front axle and Barksdale mechanical leveling valves on center/rear
axles.
246-0A RIDE HEIGHT SETTINGS, NORMAL SR1 Front ride height is 4.0" axle to bump stop. 246-0E DOOR INTERLOCK ENE
Applied to entrance and exit doors. Foot on brake to
release interlock, applied via multiplex system
programming.
246-0G DRIVER'S PARK BRAKE ALARM 002
A switch in the driver's seat cushion triggers the
kneeling alarm to alert the driver that the park brake is not set. A light at the instrument panel is also activated. 246-0H PARK BRAKE PRESSURE SETTING NFI 40 psi auto-apply park brake valve. 60 psi pressure switch for park brake light activation.
246-0K AIR DRYER 001 Haldex "Gemini MDx" Tandem air dryer (includes MultiTreatment Catridge) and purge tank. 246-0M AIR DRYER LOCATION BSW Behind the rear streetside wheelhouse, on the bulkhead.
246-0T AIR SYSTEM OIL SEPARATOR 12V Single Haldex oil/water separator, with 12V auto drain. 246-0U PARK BRAKE ACTUATION PUL Pull To Apply.
246-0V PARK/EMERG BRAKE LOCATION PEC Park and emergency brake release control location - on side console.
818
246-13 FRONT TOW CONNECTOR NPT Male 1/4" NPT fitting with Series 20/30 coupler fitting, with tag.
246-14

FRONT AIR CONNECTOR
ARRANGEMENT SS1 Located below the bumper, streetside.
246-15 FRONT AIR CHARGE CONNECTOR NPT Male 1/4" NPT fitting with Series 20/30 coupler fitting, with tag.
246-16 REAR AIR CHARGE FITTING LOCATION BSC Routed to curbside of engine. 246-17 REAR AIR CHARGE CONNECTOR TYPE NPT Male 1/4" NPT fitting with Series 20/30 coupler fitting, with tag.
246-18 REAR AIR CHARGE DUST CAP REQ Required.
246-19 FRONT AIR CHARGE DUST CAP REQ Required.
246-1B FLEXIBLE AIR LINES NFI
Synflex colour coded. Green: rear service brakes and
supplies. Red: front service brakes. Brown: parking
brake. Black: accessories and brake hose. Yellow:
compressor and governor. Blue: suspension.
246-1E ABS NFI Wabco.
246-1F TRACTION CONTROL W01 Wabco system, to reduce drive wheel overspin. 246-1J FRONT CHARGE AIR ROUTING WET Direct charge to wet tank. 246-1K REAR CHARGE AIR ROUTING BFR Connection before air dryer. 246-27

AIR SYSTEM TRANSDUCER FAULT

DETECTION
001 Transducer Fault Detection - Transducer voltage falls to 0V if transducer failure occurs.
260-01 BATTERY MANAGEMENT TRA
Transtech regulator w/Low Voltage Disconnect,
temperature and current sensors to optimize battery
life.
260-02 BATTERY VOLTAGE REGULATOR 002 Transtech REG24C w/J1939 and data logging 260-03

BATTERY VOLTAGE REGULATOR

LOCATION
FUS Mounted inside fuse box.
260-04 BATTERY TYPE / MFR 004
Four Odyssey group 31 Absorbed Glass Matt (AGM)
maintenance free batteries. 1150 CCA. Top posts: 3/8"
positive, 3/8" negative.
260-05 BATTERY CABLES NFI Red heat shrink on 24 volt positive cable end and light blue heat shrink on 12 volt positive cable end.
260-09 BATTERY TRAY NFI
Slide out battery acid resistant polyethylene enclosure with SST sub frame, SST bearings and rubber isolation
mounts. Located aft of the curbside rear wheelhouse.

Note: battery access door opens to the side.
260-0C POSITIVE BATTERY DISCONNECT SW 001 Required with quick access through flip-open door.

Uses a micro-switch for engine shutdown.
260-0E BATTERY VOLTAGE EQUALIZER V02 Vanner 100 amp.
260-0F JUMP START MANUFACTURER/TYPE A01 Anderson SB350 grey 260-0G JUMP START LOCATION 001 Near the battery disconnect switch at the fusebox.

Accessible via the flip-open door.
260-15 ROOF FAIRING / SKIRTS ENCLOSURE CNG Fairing with full length skirts for XN. 819
260-1B BATTERY VOLTAGE EQUALIZER

QUANTITY
001 One
269-01 P.A. AMPLIFIER MFR / TYPE REI Requires a separate gooseneck or handheld microphone.
269-0C GOOSENECK MICROPHONE REI REI, approximately 30" long from base to end of microphone. Black neck and head.
269-0D

GOOSENECK MICROPHONE

LOCATION
API Inverted, clipped to the A-pillar. Microphone clip is

15.26" from bottom of destination sign closeout panel.
269-0E GOOSENECK MICROPHONE SWITCH BLT Built into microphone. 269-0G INTERIOR SPEAKER MFR TCB TCB
269-0H PRIMARY INTERIOR SPEAKERS 006 Six: four to light panels, two above rear bench. 269-0K EXTERIOR SPEAKERS, LOCATION ENT At basic location above entrance. 269-0M EXTERIOR SPEAKER MFR SHE Shekonic
269-0Z PRIMARY PA SYSTEM GSW Gooseneck mic with built-in switch. 269-13 EXTERIOR SPEAKER QUANTITY ES1 One
269-1B AMPLIFIER LOCATION SAW Mounted on front position of sawtooth panel above driver.
269-1E EXTERIOR SPEAKER COIL 1CO Single coil
273-01 HEADLIGHTS NFI NFIL Xcelsior LED low beam and high beam headlights. 273-02 DAY RUN HEADLIGHTS REQ Required.
273-03 FRONT TURN SIGNALS NFI NFIL amber LED. Integrated with headlight assembly. 273-06 TAIL LIGHT ARRANGEMENT 006 Amber, red (stop/tail), red (stop/tail), white. 273-07 TAIL LIGHTS MFR 4DG 4" Dialight LED, grommet mounted. 273-08 CENTER STOP / DECELERATION LIGHT
SIZE BSC 18" X 1 " Dialight
273-09 WHITE BACK-UP LIGHT MFR DLG 4" Dialight LED, grommet mounted. 273-0A STOP LIGHTS ON WITH RTRDR/REGEN
BRAKE REQ Required.
273-0B

STOP LIGHTS ON WITH PARK BRAKE
OR INTERLOCK NFI When park brake or interlock are engaged. 273-0E CENTER STOP / DECELERATION

LIGHTS QTY
001 One
273-0F CENTER STOP / DECELERATION
LIGHTS LOCATION BSC At lower edge of HVAC door.
273-0H SIDE TURN SIGNALS,TYPE / QTY PER
SIDE 2DL 2 amber Dialight LED Lamps, 12 volt.
273-0J SIDE TURN SIGNAL FUNCTIONALITY BSC Single intensity, Dialight LED lamps. 273-0K SD TURN SGNL GUARD BRKT,
MATERIAL/CTG ALU Aluminum, painted per paint scheme.
273-0M CURBSIDE TURN SIGNALS LOCATION 001 Lamps are aft of front and fore of rear wheelhouses. 273-0N STREETSIDE TURN SIGNALS LOCATION 01F Lamps are fore of all wheelhouses. 820
273-0P KNEELING/RAMP LIGHT AT
ENTRANCE NFI 2.5" Dialight LED.
273-0T MARKER / CLEARANCE LIGHTS 001 Dialight LED without guard all around. 273-0V REFLECTORS NFI Self-adhesive decals installed at NFIL basic positions. 273-0W REAR LICENSE PLATE LIGHT SMT Smartrend LED.
273-0Z OVERHEAD ENTRANCE LIGHT LED Dialight white LED bulb. 273-10 TIMED SHUT-OFF,ENTR AREA LIGHTS BSC The program is set to shut the lights off when the door closes.
273-11 OVERHEAD EXIT LIGHT LED Dialight white LED bulb. 273-12 TIMED SHUT-OFF,EXIT AREA LIGHTS NFI The program is set to shut the lights off five seconds after the door closes.
273-1F CENTER STOP / DECELERATION

LIGHTS COLOR
RED Red
273-1R MARKER / CLEARANCE LIGHTS

FUNCTIONALITY
NFI
New Flyer standard marker/clearance light
functionality to meet applicable FMVSS/CMVSS
regulations.
273-23 MARKER LIGHTS LOCATION NFI New Flyer standard marker light locations to meet applicable FMVSS/CMVSS regulations
273-25 EXTERIOR LIGHTS DAY
Day Run, Night Run, and Night Park modes illuminate
the tail lamps, marker/clearance lamps, and license
plate lamp. Mandatory for Canadian customers.
273-26 CENTER STOP/DECELERATION LIGHT
FUNCTIONALITY STP Basic stop functionality.
273-27 CENTER STOP/DECELERATION LIGHT

VOLTAGE
12V 12 Volts.
277-02 INTERIOR PASSENGER LIGHTING NFI NFIL LED lights, 24 VDC. 277-04
PASSENGER LIGHTING: OUTPUT

INTENSITY
001 0% 1st bank on each side, 100% for the remaining
banks.
277-07 EXIT BASEPLATE / ELEC PNL ACCESS NFI At each exit door, through removable ad frame. 277-0B

TINTED LED PASSENGER LIGHT
COVERS WHT White for all lights.
277-0C FAREBOX LIGHT SMT One fixed LED light.
277-0F DRIVER'S LIGHT 001 One sealed 2.5" white high output Smartrend LED light. 277-0K SDS SERVICE LIGHT 1LL One LED lamp, provided at upper front of SDS enclosure.
277-0M SDS SERVICE LIGHT SWITCH CONTROL BSW With switch. 277-0N PROPULSION COMPARTMENT LIGHTS SMT Smartrend, four 1.38" LED lights. 277-0V REAR DECK STEP LIGHT LED LED.
277-0W INTERIOR DOOR HEADER LIGHTS,
ANTI-GLARE SHIELD COLOR BLK With black anti-glare shield. 277-0Y INTERIOR DOOR HEADER LIGHTS/
QUANTITY (ENTRANCE) SGL Single strip.
821
277-11 INTERIOR DOOR HEADER LIGHTS/
QUANTITY (EXIT) SGL Single strip.
277-1A

REAR PLC AND FUSEBOX SERVICE
LIGHTS NFI Provided, LED.
277-2D INTERIOR LED LIGHT FUNCTIONALITY 001
All banks are dimmable. When doors are open, lights
turn on to full intensity. When doors are closed, lights reduce to secondary output intensity.
280-01 PASSENGER SIGNAL CHIMES BSC
One basic electronic chime above driver. Chime has
single tone which sounds once for regular activation,
twice for wheelchair positions.
280-03 PASSENGER SIGNAL PULLCORDS YLW Yellow cords are required. 280-07

HORIZONTAL PASSENGER SIGNAL
PULLCORDS NFI Set at NFIL designated basic height. All decks. 280-09 LWR DECK VERT PULLCORDS 004 Four: at the first and second street and curbside pillars forward of the face of the upper deck.
280-0D

SECUREMENT OF VERTICAL

PULLCORDS
BSC Looped or clamped to the horizontal depending on the location.
280-0H STOP REQUEST SIGN TEXT ENG Stop Requested.
280-0J STOP REQUEST SIGN LETTERING UPP Upper case.
280-0K STOP REQUEST SIGN COLOURS WOR White letters on a red background. 280-0M FRONT STOP REQUEST SIGN

TYPE/POSITION SMT
Smartrend LED installed overhead between the front
wheelhouses.
280-0T

PASSENGER SIGNAL TYPE AT
WHEELCHAIR POSITIONS BSC Basic touchtape.
280-0V PUSH BUTTON SIGNAL AT EXIT 001 Mounted facing aisle on stanchion fore of exit, low profile recessed button.
280-19 PUSH BUTTON SIGNAL TYPE NRQ Not required.
284-01 ELECTRONIC CONTROL SYSTEM NFI Vansco.
284-02 SYSTEM VOLTAGE NFI 24 VDC primary, 12 VDC secondary. 284-03 SWITCHES NFI Water resistant.
284-04 SPARE INPUT/OUTPUT PORTS FOR

MULTIPLEX SYSTEM MODULES
NFI Minimum 10% input and 10% output, per electrical
panel location.
284-06 HAZARD WARNING LIGHTS NFI Front, side and rear lights flash for hazard warning. 284-0B SDS ELECTRICAL PANEL ORIENTATION FCS Facing curbside. 284-0D SDS ELECTRICAL PANEL LOCATION BSR Mounted on backside of SDS rack. 284-0F ENTRANCE DOOR CONTROLLER B5P Basic with 5 position settings. 284-0N PROPULSION SYSTEM RESET SWITCH NRQ Not required. 286-01 INSTRUMENT PANEL BSC LCD display screen. Acrylic material with luminescent lighting, with Vansco Instrument Panel Cluster module.
286-02 SHIFT SELECTOR LOCATION NFI located on instrument panel. 286-03 EXTERIOR LAMP TEST NFI simultaneously depress both turn signals. 822
286-04 SPEEDOMETER VMI
Part of Vansco instrument panel cluster. Set to display miles. With odometer (the display can be toggled to
show Trip1, Trip 2, engine hours). Remove "engine
hours" on battery buses.
286-05

AUDIBLE SOUND FOR TURN
SIGNALS/HAZARDS BSC Using click sound for turn signal and for hazard warning.
286-0A

RETARDER DISABLE SWITCH
LOCATION DRV In sawtooth panel above driver.
286-0D SILENT ALARM REQ Required.
286-0F SILENT ALARM SW LOCATION SCA At side console.
286-0P DIAGNOSTICS PLUG LOCATIONS 001
Under the front dash (left side of the steering column), at forward face of the SDS barrier (above driver) and at the engine switch box.
289-01 SECUREMENT OF HARNESSES BSC Hellerman Tyton clamps with Panduit releasable cable ties.
296-01 WIRING DECAL,REAR PLC AND
FUSEBOX NFI Provided, laminated.
296-02 WIRING DECAL,SIDE CONSOLE LAM Laminated, shipped loose. 296-07

SIDE CONSOLE DOOR DECAL
LANGUAGE ENG English
298-01 WATER TEST DURATION 010 10 minutes.
304-01 EXTERIOR PAINT TYPE NFI Axalta Imron Elite high solids polyurethane. 304-03 PAINTED JACK PADS YLW Safety Yellow.
304-04 PAINTED JACK PADS LOCATION USC Under side of the chassis. 304-07 CORROSION PROTECTION 12Y
Grit blasted frame, moisture cure zinc-rich primer
(applied for 12 year protection), anti-chip
undercoating, corrosion preventive coating sprayed
inside frame tubes up to roof line.
304-09 EXTERIOR LOGOS,NFIL REQ NFI logos and Xcelsior logos in standard locations. 304-0E

PASSENGER COMPARTMENT DECAL

LANGUAGE
ENG
English. Passenger compartment decals are the decals
within the area of the coach designed for the seating of passengers and that are intended primarily for
passenger viewing.
304-0F INTERIOR FLEET NUMBER DECALS REQ Required.
304-0G MAINTENANCE DECAL LANGUAGE ENG
English. Maintenance decals are the decals that will be referenced primarily when performing maintenance on
the coach.
304-0H KNEELING / RAMP DECALS BSC
NFIL basic ramp & kneeling decal (red on white) and an
arrow decal (red and black) provided near the kneeling
/ ramp deployment lights.
304-0J AIR TANK DECALS NFI NFIL basic.
304-0M EXT FLEET NUMBERS,NON-ROOF RFL Required (reflective). 304-0Z INTERIOR LOGOS, NFI REQ NFI logos at standard location. 306-02 FIRE EXTINGUISHERS 5US 5 lb ABC class. With gauge, hose and mounting bracket.

UL compliant for US customers.
306-03 FIRE EXTINGUISHER LOCATION DRV Mounted on the horizontal surface of the luggage rack fore of the driver's barrier.
306-05 SAFETY TRIANGLE LOCATION DRV Behind the driver.
823
350-01 DRIVER'S PEDALS, POSITION / TYPE BSC
Brake pedal angle set at 45 degrees from pedal to floor.

Throttle pedal angle set at 45 degrees from pedal to
floor.
350-04 BRAKE VALVES NFI E6.
350-07 TURN SIGNAL SWITCHES BSC Basic switches, floor mounted. 350-08 DIMMER SWITCH BSC Foot switch located beside side console panel. 350-0D

HAZARD WARNING LIGHT SW

LOCATION
BSC On side console.
350-0G STEERING COLUMN DAT Douglas Autotech with tilt and telescopic features. 350-0H STEERING WHEEL 18B 2 spoke, 18" diameter hard padded. 350-0M DUAL HORN BSC Provided with splash shield.
400-01 JACKING / LIFTING PADS 001 4" diameter round pads at front and rear chassis. 420-02 EXTERIOR SIDE PANELS NFI Fiberglass.
420-03 REAR RF MOUNTED AIR SCOOP SSU Stainless Steel, unpainted (no coating). 420-05 CURB & STREET ENG,S/CONS
DOORS,STRUTS BSC Supported by gas struts.
420-06 CURB & STREET ENG COMPT,

BATTERY DOORS,LATCHES
CRM Quarter turn chrome plated 5/16" square key latches.

Also, used for the separate battery access door.
420-07

CURBSIDE PROPULSION

COMPARTMENT DOOR
XN1 Includes battery disconnect switch access door (using a gas strut). Also includes CNG fuel fill access door.
420-09 DEFROSTER ACCESS DOOR LATCHES CRM 4 quarter turn chrome plated 5/16" square key latches. 420-0A STREET SIDE ENGINE (RADIATOR)
ACCESS DOOR WAV With wavy screen.
420-0B BATTERY COMPARTMENT DOOR SOL Solid door located aft of the curb side rear wheel, separate from the engine compartment.
420-0D SURGE TANK DOOR BSC Basic hinged door.
420-0F SIDE CONSOLE DOOR LATCHES CHR Quarter turn chrome plated 5/16" square key quad latches.
420-0G PROPULSION DOOR SOL Solid door with built-in handle. 420-0H PROPULSION DOOR STRUTS TWO Two, the streetside strut has a locking mechanism. 420-0J PROPULSION DOOR LATCHES CHR Quarter turn chrome plated 5/16" square key quad latches.
420-0M REAR LICENSE PLATE RETENTION 002 Centered with bottom retainer and two upper inserts. 420-0P RAIN GUTTER NFI 0.44" cross section bonded. drain holes and plugs 420-0R

ROOF HATCH INSTRUCTION
LANGUAGE ENG English.
420-15 ROOF HATCH SIZE,REAR X24 24" X 24"
420-16 ROOF HATCH TYPE,REAR BSC Basic hatch/vent.
420-17 ROOF HATCH VENDOR,REAR TRA Transpec Worldwide.
420-1B WIPERS 002 Sprague motors 24 volt electric with Sprague wet arm wipers. Intermittent.
420-1E WINDSHIELD WASHER BOTTLE 5US 5 US gallon with electric powered pump mounted using 4 weld nuts.
824
420-1F WINDSHIELD WASHER FILL LOCATION NFI Accessed via a flip-out door built into the exterior side console access door.
420-1G LOWER DRIVER'S VENT REQ Provided.
420-1H FENDERS MOL Molded polyurethane.
420-1M EXTERIOR UPPER REAR LOU Louvered style fiberglass door for rear HVAC. 420-1N EXT UPPER REAR DOOR STRUTS 2NL Two, non-locking. 420-1P EXT UPPER REAR DOOR,LATCHES CHR Quarter turn chrome plate 5/16" square key latches. 420-1R LOWER IMPACT PANELS REQ Removable non-painted light grey lexan (GY7D185) impact resistant panels.
420-1T FRONT LICENSE PLATE LOCATION CEN On center of defroster door. 420-1U FRONT LICENSE PLATE RETENTION 004 Four inserts.
420-24 WIPERS, MOTOR ARM LENGTH A01 34" long arm.
420-25 WIPERS, WIPER BLADE LENGTH W01 26" long blade.
420-26 WIPERS, SPRAY STREAMS PER ARM S02 2 streams per arm. 420-2B

DRIP EDGE FOR REAR CROWN

PANEL/HVAC DOOR REQ
Drip Edge along the bottom edge of the Rear Crown
Panel/HVAC door to divert water entering the
engine/propulsion compartment.
420-2C

SS REAR UPPER CORNER PILLAR
VENTING 4RD 4 round screened openings.
420-2D

UPPER CORNER PILLAR DOOR
LATCHES BSC Quarter turn chrome plate 5/16" square key latches. 421-01 INSULATION,SIDEWALL AND ROOF POL Polyisocyanurate foam. meets Docket 90 spec. 421-02 INSULATION,EXHAUST CAVITY BGF Heat-resistant fiberglass mat. 421-03 INSULATION, PROPULSION

COMPARTMENT
ACO Noise reduction acoustical foam, retained by
perforated aluminum panels.
422-02 CEILING PNLS AFT OF FRT W/HS INCL
RR PLC WHT Antique white plastic, SST trim.
422-03 CEILING / HVAC COVER PANELS
ABOVE FRT W/HS WHT Antique White fiberglass.
422-04 HVAC RTN AIR GRILLE DOOR LOCK 1QL 2 quad latches. 422-05 ENTRANCE / DRIVER'S AREA PANELS
COLOUR
BLK
Black. Includes dash, dest sign c/out, ent. mech. box,
driver's o/head panels. and if used, ent. floor heat duct, frt. RH harness cover is black powder coated alum.
422-06 DRIVER'S CEILING PANEL MATERIAL MEL Melamine.
422-07 INTERIOR PIER PANEL MATERIAL MEL Melamine.
422-08 PIER PANEL COLOUR WHT Antique white
422-0A INTERIOR LWR SIDEWALL MATERIAL MEL Melamine
422-0C INTERIOR SIDEWALL MELAMINE CHA Charcoal Grey Gloss 422-0D

INTERIOR PROPULSION COMPT
ACCESS PANEL HIN A single hinged panel under the rear seat 825
422-0E INTERIOR UPPER REAR PANEL CRE
Bulkhead panel covered with carpet / fabric material.
(Note: For the customer spec with D90, but the carpet
is not compliance to D90.) With return air grille for RR mount HVAC system.
422-0F CARPET / FABRIC,UPR REAR INT
PANEL CHA Charcoal Grey carpet with 1/2" plywood backing. 422-0H TRIM,CARPET/MELAMINE UPR RR INT
PANEL STE Painted steel to match panel.
422-0K C/S,S/S RR BULKHEAD ACCESS
PANELS CPT Carpeted DB plywood.
422-0M HRNS/AIR LINE COVERS AT UPPER
DECK
PFB Painted flat black.
422-0N FRT DEST SIGN DOOR LATCHES SQL Short wing quad latches. 422-0P DRIVER'S OVERHEAD PANEL NFI With locker.
422-0R DRIVER'S LOCKER LATCH SQL Short wing quad latch. 422-0T DRIVER'S COAT HOOK AND STRAP FWD Located on the forward face of the harness cover behind the driver.
422-0U SECURE DIAGNOSTIC STATION SDS
Above street side front wheelhouse. Incorporates
driver's barrier. With four Take One pockets. Quantity
of trays as per customer and / or as per electronic
equipment within compartment.
422-0V SDS ENCLOSURE COLOUR BLK Flat Black.
422-0W SDS ENCLOSURE DOOR LATCHES KEY 5/16" square key quad latch. 422-13 FRONT SUNVISOR / ROLLERBLINDS B01 Black rollerblind. Scissor type with 20" travel and 44" wide.
422-14 SIDE SUNVISOR/ROLLERBLIND B01 Black rollerblind. Scissor type with 20" travel. 38" width.
422-15 SQUARE KEY T-HANDLE DRV Located at lower left of driver. 422-16

ENTRANCE MECHANISM BOX DOOR
LATCH 2SW Two short wing quad latches.
422-1B C/S,S/S REAR BULKHEAD ACCESS
PANELS, OPENING METHOD REM Removable access panels.
422-1R FRONT DASH, ACCESS PANEL LATCH BSC Quarter turn, black powder coated 5/16" square key quad latches.
422-1W INTERIOR UPPER REAR PANEL, TRIM
OPTIONS FLT Flat Trim Design
422-21 INTERIOR UPPER REAR PANEL,
OPENING METHOD HGS Hinged at top, held open with gas struts. 422-22 INTERIOR UPPER REAR PANEL,
LATCHES 001 5/16" square key quad latch.
422-23 REAR PLC ENCLOSURE, LATCHES 001 5/16" square key quad latch. 423-0B AD FRAME, SDS ENCLOSURE, FRAME

MATERIAL
CAA Clear Anodized Aluminum
423-0C AD FRAME, SDS ENCLOSURE, REAR S04 One 21"x22" Ad frame 826
450-02 FLOORING SPA
Lower deck uses SpaceAge composite flooring. Upper
deck uses fiberglass composite for step and floor to the rear wheelhouses and SpaceAge composite flooring to
the rear.
450-03 DRIVESHAFT / TRANSMISSION /
DRIVE MOTOR ACCESS PANELS 1AC One panel only set in the floor to access the driveshaft. 450-06 ALTRO FLOOR COVERING 035 Transflor Figura, Pinwheel TFFG2705F (2.7 mm / 0.11" thick), for aisle and underseats.
450-0A STEP TO UPPER DECK YLW Yellow anti-slip coating is applied to the edges and vertical faces of the step.
450-0B FRONT AXLE STANDEE LINE YLW One yellow flooring safety line provided fore of the hump at the front axle.
450-0C ENTRANCE NOSING B01 Nosing is 2" wide yellow anti-skid applied to the ramp. 450-0D EXIT NOSING ALT 2.5" yellow nosing for Altro / Tarabus flooring. 450-0F

REAR SEAT RISER COVERING
MATERIAL B01 Same material and colour as used for the flooring. 450-0J DRIVER'S PLATFORM FLOORING A35 Transflor Figura, Pinwheel TFFG2705F (2.7 mm / 0.11" thick)
450-0K DRIVER'S PLATFORM TRIM SST SST.
450-0M OUTER WHEELHOUSES B01 SST front and rear.
450-0N INTERIOR FRONT W/HOUSE (LUGG
RACK) COLOURS B01
Matte black, painted stipple. An LED aisle light is
provided on the streetside. Also, SST scuff guards are
provided.
450-0T TRIM UPPER DECK ALU Aluminum.
450-13 INTERIOR FRONT W/HOUSE (LUGG
RACK), SCUFF GUARDS BSC Standard height scuff guard
450-14 EXIT DOOR, WHEELHOUSE AND

UPPER DECK TRIM, MATERIAL
ALU Aluminum Trim
460-01 WINDSHIELDS 72B 72% light transmittance green laminated. With blue shade band for street and curb sides.
460-02 WINDSHIELD PROTECTIVE FILM REQ Required for coach delivery beyond a 500 mile radius of Final Assembly.
460-04 PASS / DRVR'S WINDOWS

MANUFACTURER
AGN Arow Global frame mounted.
460-06 FRAMED PASSENGER WINDOWS BFT Bottom is fixed, top tip-in. 460-07 SDS WINDOW BSC Bottom is fixed, top is fixed. Glazing matches passenger window.
460-09 FRAMED WINDOW GLAZING N08 Grey, 28% light transmittance, laminated. 460-0B FRAMED WINDOW LOCKS 001 Locking set-screw.
460-0C WINDOW FRAME COLOUR BLK All window frames are black anodized. 460-0D WINDOW EMERGENCY EGRESS NFI
Minimum quantity based on FMVSS requirements,
local, state/provincial, federal regulations or customer spec whichever is greater.
460-0E SIDE DESTINATION SIGN WINDOWS CSN
Curb side. Fixed clear top and fixed bottom. Bottom
matches passenger window glazing. (review 470 for
side sign details).
827
460-0G WINDOW GLAZING REPLACEMENT RAP Rapid replacement. 460-0J PASS WINDOW THICKNESS 6MM 6 mm.
460-0M DRIVER'S WINDOW,FRAMED DSN With fore and aft sliding sashes. The forward sash has exterior and interior handles. Non-egress.
460-0N AFT SASH,FRAMED DRIVER'S
WINDOW
HLA With interior handle and latch.
460-0P DRIVER'S WINDOW GLAZING LAM Laminated with minimum 70% light transmittance. 470-01 DESTINATION SIGNS MFR TVS Twin Vision Smart Series, LED display system. 470-02 DEST SIGN CONTROL UNIT LOCATION OVR Under driver's overhead panel at forward position of sawtooth panel.
470-05 TWIN VISION FRT.DEST.SIGNS B01 Smart Series 3, LED amber, 16 x 160. 470-07 FRONT DESTINATION SIGN GLASS LAM Laminated.
470-0A

CURB SIDE DESTINATION SIGN
LOCATION 2WI At the second window, aft of the entrance door. 470-0C TWIN VISION CURBSIDE DEST.SIGNS A01 Smart Series 3, LED, amber, 14 x 112 (42.25" wide display).
470-16

NEW FLYER CONNECT-DIAGNOSTIC &
MONITORING SYSTEM PRV NFIL interface wiring provisions. 470-22 GEOFENCE REQUIREMENT NRQ Not required
480-02 EXTERIOR MIRROR MANUFACTURER HAD Safe Fleet
480-03 EXTERIOR SS MIRROR GLASS STYLE 2PC 2/1 (upper portion is flat, lower portion is convex). 480-04 EXTERIOR SS MIRROR GLASS SIZE 815 8" x 15"
480-06

EXTERIOR SS MIRROR POWER
OPTIONS MAN Manual adjustment.
480-08

EXTERIOR SS MIRROR ARM

FUNCTIONALITY
SPR Spring back. Mirror arm springs back to its previously set position after deflection.
480-09 STREET SIDE MIRROR MOUNT LOW Low mount.
480-0E EXTERIOR CS MIRROR GLASS STYLE 2PC 2/1 (upper portion is flat, lower portion is convex). 480-0F EXTERIOR CS MIRROR GLASS SIZE 815 8" x 15"
480-0H CURB SIDE MIRROR POWER OPTIONS DUR Dual remote control. (The upper and lower portions are remote controlled.)
480-0K

EXTERIOR CS MIRROR ARM

FUNCTIONALITY
SPR Spring back. Mirror arm springs back to its previously set position after deflection.
480-13 DRIVER'S REAR VIEW MIRROR BCO 8" x 15", black, convex. 480-14 SPOT MIRROR 6DF 6" diameter flat mirror with short arm, located at curbside front.
480-15 EXIT DOOR MIRROR 12C Convex, 12" diameter, mounted on curved modesty panel stanchion.
480-26 STREET/ CURB SIDE MIRROR ARM

MATERIAL
CAR Carbon steel
490-01 ENTRANCE DOOR DRIVE SYS PNE Pneumatic
490-02 ENTRANCE DOOR VAP Vapor slide glide.
828
490-03
ENTRANCE DOOR LIMIT SWITCH SETUP MIC Micro-switch (mechanical). 490-04

ENTRANCE EMERGENCY RELEASE
VALVE
PVD Within mech box.
490-05

ENTRANCE DOOR MAGNETIC DUMP
VALVE REQ required, located at baseplate venting entrance door 490-07 ENTR/EXIT FRANG.COVER,LANGUAGE ENG English.
490-09 ENTRANCE DOOR COLOUR, INTERIOR BLK Black
490-0B ENTRANCE DOOR HANDLES YLW Yellow powder coated.
490-0K ENTRANCE DOOR GLAZING BSC Full length single piece, 72% green. 490-0V ENTR/EXIT FRANG.COVER PER Perforated cover.
490-0W ENT AND EXIT DOORS, INTERIOR AND

EXTERIOR PANEL COLOR
BLK Black Powder Coat
491-01 EXIT DOOR DRIVE SYS PNE Pneumatic
491-02 EXIT DOOR MED One rear curbside exit door. Medium Ameriview Vapor Slide Glide, 34.8" between panels.
491-03 SLIDE GLIDE EXIT LIMIT SWITCH MIC Micro-switch (mechanical). 491-04 EXIT DOOR CONTROL DRC Driver controlled at side console. 491-0D EXIT DOOR SENSITIVE EDGE SVE Pneumatic sensitive vertical edge sensor provided at all exit doors.
491-0H EXIT FRANGIBLE COVER SECUREMENT MAG Magnetic latch. 491-0M EXIT DOOR ASSIST HANDLES 004 Yellow powdercoated, UPA-3 Aluminum 491-0P EXIT DOOR GREEN LIGHT LED LED green light indicates that the exit door is set to open.
491-0T EXIT DOOR ALARM B01
Buzzer and red 'rear door open' indicator at the
instrument panel activated when the sensitive edge is
triggered.
491-0U EXIT DOOR GLASS SIZE FUL Full length.
491-0V EXIT DOOR GLAZING 6MM 6 mm
491-12

EXIT DOOR GREEN LIGHT MOUNTING
ORIENTATION HOR Exit door green light mounted horizontally on baseplate 491-15 EXIT DOOR MANUFACTURER VAP Vapor.
491-16 EXIT DOOR OPENING TYPE SGL Slide glide.
491-17 EXIT DOOR WIDTH MED Medium
491-18 EXIT DOOR PANEL MODEL AMV Ameriview.
491-19 CURBSIDE REAR EXIT DOOR REQ Required.
491-22 STREETSIDE CENTER EXIT DOOR, 60' NRQ Not required. 526-02 35' PASSENGER SEAT QUANTITY 22 Special Customer Option 526-04 PASSENGER SEAT MANUFACTURER USS STER Seating
526-05 STER PASSENGER SEAT MODEL GEM Gemini seats.
526-09 REAR BENCH SEAT NFI 1-3-1 hinged seat.
526-0A PASSENGER SEAT MOUNTING CAN Cantilever
526-0B SEAT MOUNTED GRABRAIL RES Composite resin
829
526-0C FIRST SEAT, CURBSIDE UPPER REAR AFA Aisle facing. 526-0D FIRST SEAT, STREETSIDE UPPER REAR AFA Aisle facing. 526-0F PASSENGER SEATING BARRIER PED Pedestal mounted barrier. 526-0G SEAT POSITION,FORWARD OF REAR
EXIT AFA Aisle facing.
526-0U ERGO TRANSIT DRIVER'S SEAT MODEL A03 Ergo AM384
526-0W DRIVER'S SEAT COVER FBR All fabric.
526-0Y DRIVER'S SEAT BELT LHS Lap belt with retractor on left hand side. 526-0Z DRIVER'S SEAT BELT ALARM SWITCH REQ Required.
526-10 DRIVER'S SEAT BELT COLOR BLK Black
526-11 DRIVER'S SEAT BELT SWITCH 001 Required with 'Not Fastened" configuration, normally open switch.
526-14 DRIVER'S SEAT BASE RISER MATERIAL BLK Black powdercoated steel. 526-15 DRIVER'S SEAT PARK BRAKE ALARM REQ Switch is required in seat cushion to trigger driver's park brake alarm (ref. option 246-0G).
526-17 DRIVER'S SEAT HEADREST REQ Required, Fabric headrest. 526-18 WHEELCHAIR POSITIONS,QUANTITY B01 Two. At basic locations, one aft of the curbside and one aft of the streetside front wheelhouses.
526-19 CS WHEELCHAIR RESTRAINT SYSTEM VPR Forward facing barrier with V-Pro front restraint. 526-1A SS WHEELCHAIR RESTRAINT SYSTEM VPR Forward facing barrier with V-Pro front restraint. 526-1D SHOULDER HARNESS,W/CHR

RESTRAINTS
SEC Secured to structure (pier panel),one on curbside and one on streetside.
526-1F STANCHION / GRABRAIL STYLE CUR Curved style vertical stanchions. Using cast SST fittings for vertical and horizontal stanchions.
526-1G OVERHEAD HORIZONTAL GRABRAILS SST SST
526-1K

COLOR - STANCHIONS AT EXITS & RR

RISER STEP
YLW Yellow SST
526-1N VERT AFT OF S/S FRT W/HOUSE VSS To match colour of vertical seat stanchions (see Option 526-1T).
526-1P VERT FORE OF C/S FRT W/HOUSE YLW Yellow SST
526-1R VERT AFT OF C/S FRT W/HOUSE SEA To match colour of vertical seat stanchions (see option 526-1T).
526-1T

COLOR - VERTICAL STANCHIONS AT
SEATS

SST SST
526-22 FRONT CURBSIDE LUGGAGE RACK 001 Horizontal tube wrapping around fore, aisle, and aft sides
526-23 FAREBOX GRABRAIL STYLE 002 Wrap around stanchion and basic dash stanchion. 526-25 MODESTY PANEL MATERIAL MEL Melamine.
526-26 MODESTY PANEL MELAMINE COLOR CGG Charcoal Grey Gloss. 830
526-27 C/SIDE FORE UPR DECK MOD PNL,
GAP NFI Approximately 2" diagonally.
526-29 BARRIER AT STREET SIDE REAR RISER MOD Modesty panel (material and color per 526-25/526-26). 526-2J DRIVER'S DOOR ARE One piece, full height Arow Global driver's door with extended sliding glass top.
526-2T EMERGENCY INSTRUCTIONS ENG English.
526-2W PASSENGER SEATBELTS REQ Required per NHTSA regulations. 526-32 DRIVER'S SEAT, FORE/AFT SEAT
TRAVEL FA1 The fore / aft seat travel is 9.45".
526-35 DRIVER'S DOOR PANEL MATERIAL T01 5/16" AS2 Tempered glass. 526-37

FRONT CURBSIDE LUGGAGE RACK
COLOR

SST SST
526-3B FAREBOX GRABRAIL COLOR YLW Yellow
526-3V SEAT FWD OF REAR BENCH SEAT FWD Forward facing.
549-01 HVAC UNIT 1 TK4 Rear TK T15 rear A/C unit.
549-04 HVAC UNIT MOTOR TYPE NFI Brushless motor for primary heating & cooling system. 549-05 REFRIGERANT 134 R-134a freon
549-06 HVAC AIR INTAKE AIR Recirculated air only.
549-07 HVAC RETURN AIR FILTER REF TK electrostatic (reusable) filter. 549-0C HVAC SYSTEM VALVES BVB Brass ball valves with basic handles. 549-0D A/C AND HEATER LINE CLAMPS IDE Ideal.
549-0E A/C COMPRESSOR 430 Thermo King X430.
549-0F A/C COMPRESSOR HOSE DUR Duraflex convoluted stainless steel, braided. 549-0J HVAC ELECTRONICS TK1 Thermo King Intelligaire 3, valid for A/C or heater units.

With limited diagnostic capabilities.
549-0K HVAC CONTROL PANELS TKH Thermo King, installed at the HVAC unit. 549-0N A/C PRESSURE READINGS TK1 Obtained via the Thermo King Intelligaire 3 control panel.
549-0Y HVAC BOOSTER FAN MCC BCC overhead fan with brushless motor. 549-16 BOOSTER PUMP 260 Valeo SPump 260W CAN capable.
549-1A DEFROSTER 004 BCC 3 speed brushless SPAL blower, plastic end-caps, electrically controlled damper with on/off interlock.
580-01 FRONT WHEELCHAIR RAMP SMP NFIL electric SmartRider Ramp at front door. 32" wide, with constant slope boarding and 1:6 slope capability.
580-02 FRONT RAMP CONTROL SWI Ramp switch at driver's instrument panel. 580-08 WHEELCHAIR RAMP,SURFACE FMJ
Covered with Full Metal Jacket anti-skid treatment. The leading edge is yellow FMJ, the side flanges are painted yellow.
580-0G KNEELING/RAMP DEPLOYMENT
WARNING BEEPER MED IP68-rated beeper, medium loud fast beep. 580-0H

FRONT KNEELING/RAMP

DEPLOYMENT WARNING BEEPER

LOCATION
BSC Curbside under front mask.
600-05 BACK-UP ALARM BSC Basic alarm located on curbside. 831
600-08 FRONT ELECT,TOW RECEPTACLE COL Cole Hersee part number 12063. 600-0M FAREBOX PEDESTAL BSC Stainless Steel Material. Length = 26.56"; Front fore length = 12.36"; Width = 13.96"; Height = 6"
600-0N FAREBOX DSV Diamond SV.
600-0P FAREBOX,SUPPLIED BY 001 Supplied and installed by NFIL. 600-17 TRANSFER CUTTER PRV Provisions, including brackets and hardware. Details as per customer spec.
600-1D CURBSIDE FRONT EQUIPMENT BOX 001 Standard box.
600-2G VIDEO SURVEILLANCE SYSTEM CIE Interior and exterior cameras. 600-2H VIDEO SURVEILLANCE SYSTEM,MFR APO Luminator (Apollo) 600-31 FIRE SUPPRESSION FG2 Fogmaker system with Smart Alarm panel. 600-32 FIRE SUPPRESSION BOTTLE LOCATION BSC Streetside behind light panels. 600-33 FIRE DETECTION SENSORS F02
Fogmaker fire detection tube - heat sensitive tube in
propulsion compartment and Low voltage battery
compartment.
600-34 FIRE SUPPRESSION BOTTLE F01 7.5L Fogmaker extinguisher cylinder and detection cylinder.
600-35

FIRE SUPPRESSION BOTTLE ACCESS
DOOR 002 Required without sight window.
600-36

FIRE SUPPRESSION DISPLAY PANEL

LOCATION
MID Under driver's overhead panel at middle position of sawtooth panel.
600-3N METHANE DETECTION, CNG FOG Fogmaker system.
600-3P METHANE DETECTOR LOCATION 003 Four detectors on the roof, one in the engine compartment, and one in the A/C compartment.
600-3V

BICYCLE RACK
MANUFACTURER/MODEL DNF Sportworks, DL2-NP (narrow profile),front mounted. 600-3W BICYCLE RACK MOUNTING BOL Bolted slide-in standoff. 600-3Y BICYCLE RACK REMOVAL BOL Bolted rack.
600-3Z BICYCLE RACK MATL/COLOR BLK SST, black powdercoated. 600-42 BICYCLE RACK INSTRUCTIONS ENG English
600-62

TRANSFER CUTTER MOUNTING
LOCATION SPL Required, shipped loose.
600-6C GROUND STRAP #2 LOCATION 001 Rear of coach, street side off of bulkhead. 600-6F FAREBOX PEDESTAL TREATMENT BFM Black full metal jacket. 600-6H FAREBOX ORIENTATION FED Facing entrance door.
600-6V CURBSIDE FRONT EQUIPMENT BOX.

LOCK/LATCH TYPE 001 Paddle latch, no lock.
600-7G CURBSIDE FRONT EQUIPMENT BOX,
COLOR
BLK Black
600-7N CURBSIDE FRONT EQUIPMENT BOX.

HINGE ORIENTATION
001 Parallel to curbside window.
832
833
SUBMIT COMPLETED FORMS TO [email protected]
CITY OF BANNING Contract Number Requisition Number PO Number

PURCHASE REQUISITION FORM
Title of Purchase Order/Contract/Project: Department Contact: __________________________________ ______________ Requisition Type Funding Date Requisition Submitted: __________________  Purchase Order  PO Change Order  Budgeted Approvals  Blanket Order  BO Change Order  Pending Budget Adjustment Council Approval Date  Contract  Contract Amendment  Grant Funded Council Resolution #  CUPCCAA Attachments
 Rush Rush Request Date: __________  Scope of Work/Services Dates of Service  Sole Source/Single Source* Start Date
CONTRACTS ONLY  Emergency* End Date
Renewals  Yes  No Quotes
Option to Extend _____ Years Bid Date (Initial date of bid): Retainage  Yes  No Insurance Reqs.  Standard  Other # of Required Quotes Percentage ______ % Vendor Information
Vendor Number Vendor On Site  Yes  No City Business License No.

Vendor Name State Registration No.

Address DIR No.

City, State & Zip Contractor License No.

Contact Name License Type
Contact Phone Secondary SAM Government No.

Contact Email
Authorized Signer Name: Title:

Authorized Signer Email:

Purchase Information
Line Qty Items (Description, Size, Etc.) Unit Price Estimated Amount Commodity Code: _________ **Sales Tax:  7.75%  Other ______ Sales Tax** Shipping/handling that is taxable should be a line item. *Non-taxable Freight Insurance Required:  Yes, Attached  Yes, Requested  Yes, On File  No AL ______ GL ______ WC ______ PL ______ BR ______ PoL ______ Estimated Total Cost Amendments/Change Orders: Starting Value Value Change Total Value Funding Information
Line # Fund | 000 Division | 0000 Activity | 000 Object | 00-00 Project Amount Total
Description (Provide Reason for Request)
Approvals
Requested by: ____________________________________ Approved by: ________________________________________ Contract Manager Date Department Manager Date
Approved by: ____________________________________ Approved by: ________________________________________ Purchasing Officer Date City Manager Date
Unit
%
834
SUBMIT COMPLETED FORMS TO [email protected]
Purchase Information
Line # Qty Unit Items (Description, Size, Etc.) Unit Price Estimated Amount
Sub-Total
Funding Information
Line # Fund | 000 Division | 0000 Activity | 000 Object | 00-00 Project Amount Sub-Total
835

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Lisa Rossi, Human Resources Director
MEETING DATE: March 10, 2026
SUBJECT:

Consideration of Resolution No. 2026-49 approving the Side Letter Agreement between the City of Banning and the Banning Police Officers Association which modifies and clarifies the Memorandum of Understanding (MOU) governing the unit for the period of March 2024 through March 2027.

RECOMMENDATION:

Adopt Resolution 2026-49
BACKGROUND:

The City and the Banning Police Officers Association previously negotiated an MOU governing compensation and terms of employment, which the Council approved on August 27, 2024. Under the MMBA, the parties have met and conferred regarding adjustments to the salary schedule originally established for the 2024-2027 period.

The proposed Side Letter modifies the salary adjustment schedule to provide more stability and a slight increase over the original Consumer Price Index (CPI) -based projections. The comparison of the changes is as follows:

Year Original Adjustment Proposed Adjustment (Side Letter) 2024 No Increase No Increase
2025 2.9% (CPI Riverside Jan '25) 4.0% (Increase of 1.1%) 2026 3.6% (CPI Riverside Jan '26) 4.0% (Based on Nov '25 CPI) 2027 CPI Riverside Jan '27 CPI Riverside Nov '26
The transition to using November CPI figures rather than January figures allows the City to finalize budgetary expectations earlier in the fiscal cycle.

JUSTIFICATION:
836
Section 3505.1 of the Meyers-Milias-Brown Act ("MMBA") (Gov’t Code Sections 3500-3511) provides that if an agreement is reached between representatives of a public agency and a recognized employee organization, they shall jointly prepare a written memorandum of such understanding for determination by the governing body. Once approved by the City Council, the memorandum becomes a binding agreement. Council approval of these proposed Side Letter Agreements is required by the MMBA to make the modifications binding on both parties.

FISCAL IMPACT:

The proposed action includes a 1.1% salary increase retroactive to March 2025. The estimated fiscal impact of this adjustment is $56,372 annually. In addition, a 0.4% increase is proposed to amend the previously approved 3.6% increase for 2026, resulting in a total cumulative adjustment of 4%. The estimated fiscal impact of the increase in 2026 is $24,712. The total cost of 2026 salary adjustment is estimated to be $247,128 annually. The impacts above will be factored into the 2025-26 budget and proposed 2026-27 budget, as appropriate.

ALTERNATIVES:

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution_2026-49 BPOA_Side letter.docx

2. Side Letter BPOA 031026.docx

3. Resolution 2024-129 Rev.pdf
837
Resolution 2026-49

Page 1 of 4 ends

RESOLUTION 2026-49

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

APPROVING THE SIDE LETTER OF AGREEMENTS BETWEEN THE CITY OF BANNING

AND THE BANNING POLICE OFFICERS ASSOCIATION WHICH MODIFIES AND

CLARIFIES THE MEMORANDUM OF UNDERSTANDING (MOU) GOVERNING THE UNIT FOR THE PERIOD OF 2024 THROUGH 2027.

WHEREAS, the City of Banning ("City") has formally recognized the Banning Police Officers’ Association (BPOA) as the exclusive employee organization for all City employees eligible for inclusion in the Police Unit; and
WHEREAS, the prior Memorandum of Understanding ("MOU") between the City and the BPOA was approved by Council on August 27, 2024; and
WHEREAS, the City labor representatives and BPOA representatives have successfully met, conferred and agreed to salary changes as outlined in the attached Side Letter of Agreements for the period of March 28, 2024, through March 27, 2027, pursuant to the Meyers-Milias-Brown Act (MMBA) (Gov't code Sections 3500-3511) and the City's Employer-Employee Relations Resolution 2010-45; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City Council hereby approves the Side Letter of Agreements between the City and Banning Police Officers’ Association (BPOA) representing all City employees eligible for inclusion in the Police Unit, for the period of March 28, 2024, through March 27, 2027.

SECTION 2. The City Council hereby authorizes and directs the City Manager or designee to finalize and execute the attached Side Letter of Agreements, based on the approved Tentative Agreements, on behalf of the City of Banning.

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

PASSED, APPROVED AND ADOPTED this 10th day of March, 2026.

Richard Royce, Mayor
City of Banning
ATTEST:

Sandra Calderon, Deputy City Clerk
City of Banning
838
Resolution 2026-49

Page 2 of 4 ends

APPROVED AS TO FORM:

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney LLP
839
Resolution 2026-49

Page 3 of 4 ends

CERTIFICATION:

I, ____________________, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-49, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 10th day of March, 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
840
Resolution 2026-49

Page 4 of 4 ends

Exhibit A
Side Letter of Agreements between City of Banning and Banning Police Officers Association 841

SIDE LETTER OF AGREEMENT BETWEEN

THE CITY OF BANNING
AND

THE BANNING POLICE OFFICERS ASSOCIATION

REGARDING COMPENSATION CHANGES
(MARCH 10, 2026)

PREAMBLE
The City of Banning, a Municipal Corporation, hereinafter known as "City," and the authorized representatives of the Banning Police Officers Association, hereinafter known as the "Union," have previously negotiated a Memorandum of Understanding ("MOU") governing compensation and terms of employment, which was adopted by City Council on August 27, 2024. Under the Meyers-Milias-Brown Act (MMBA), the parties have met and conferred regarding adjustments to the salary schedule originally established for the 2024-2027 period.

The purpose of this Side Letter Agreement is to memorialize the meet and confer discussions and modify the existing compensation model to ensure internal equity and respond to shifts in the Consumer Price Index (CPI) for the Riverside area. The parties recommend City Council approval of these modifications to make them binding on both parties and to allow for the finalization of budgetary expectations earlier in the fiscal cycle.

The salary adjustment modifications set forth below shall serve as amendments to the current MOU.

DEAL POINTS (REFLECTED AS CHANGES TO PRIOR MOU LANGUAGE)

12.1 Salary Adjustment Within the payroll period of adoption of this Side Letter Agreement, the salary adjustment schedule originally set forth in the 2024-2027 MOU shall be modified as follows:
 2024 Adjustment: No Increase.
 2025 Adjustment: All represented Unit members shall receive a 4.0% salary increase (representing a 1.1% increase over the original 2.9% CPI projection).  2026 Adjustment: All represented Unit members shall receive a 4.0% salary increase, which is now based on the November 2025 CPI rather than the January 2026 CPI.
 2027 Adjustment: The salary adjustment for 2027 shall be based on the Riverside CPI for November 2026 rather than the January 2027 figure. 842
The transition to using November CPI figures rather than January figures allows the City to finalize budgetary expectations earlier in the fiscal cycle. The fiscal impact of these adjustments is intended to be reflected in the current and upcoming fiscal year budgets.

ARTICLE 30 - RATIFICATION AND EXECUTION
The Union represents that this Side Letter Agreement has been ratified by its members and therefore the City's representatives and the Union jointly recommend this Side Letter Agreement to the City Council for the City of Banning. The parties hereto acknowledge that this Side Letter Agreement shall not be in full force and effect until adoption by the Banning City Council via Resolution.

In witness whereof, the parties have caused their signatures to be affixed on ________, 2026.

For the City of Banning:

Elizabeth Gibbs, City Manager
Lisa Rossi, Human Resources Director
For the Banning Police Officers Association:

Union Representative
Union Representative
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Art Vela, Director of Public Works
MEETING DATE: March 10, 2026
SUBJECT: Consideration of Resolution 2026-50, Authorizing the City Manager to Execute a Base Contract for Sale and Purchase of Natural Gas with Maas Energy Works, LLC
RECOMMENDATION:

Adopt Resolution 2026-50
BACKGROUND:

The City purchases natural gas to support its Compressed Natural Gas (CNG) fleet operations, including City vehicles and the Banning Unified School District fleet. The City operates a CNG fueling facility and is nearing completion of construction of a new CNG fueling station that will expand fueling capacity and offer CNG for sale to the public.

To support these operations, staff has negotiated a Base Contract for Sale and Purchase of Natural Gas with Maas Energy Works, LLC ("RNG Agreement"), a developer and supplier of California produced Renewable Natural Gas (RNG).

Renewable Natural Gas is pipeline-quality gas derived from organic waste sources such as agricultural digesters, wastewater treatment facilities, and landfills. RNG qualifies as a low-carbon transportation fuel under both federal and California programs and can generate environmental credits when properly registered and certified.

The proposed contract provides that the contract price per Million British Thermal Unit (MMBtu) will be based on the applicable Gas Index Price, consistent with standard industry practice. In addition, the contract allocates environmental credit value generated from the RNG as follows:

20.5% of Renewable Identification Numbers (RINs)

20.5% of Green Gas Low Carbon Fuel Standard (LCFS) credits These revenue-sharing provisions provide the City the opportunity to receive environmental credit value in addition to the commodity value of the gas itself.

JUSTIFICATION:

The RNG Agreement provides the City with competitive revenue sharing provisions.

Revenues generated by CNG fuel sales and by the environmental credits associated with RNG Agreement will support the City’s responsibility to cover its required 10% farebox recovery match associated with Transit operations. This structure strengthens the financial sustainability of the City’s 876
Transit program without placing additional pressure on the General Fund.

FISCAL IMPACT:

These actions will generate increased revenues through CNG fuel sales and, coupled with the environmental credit value associated with renewable natural gas purchases, will greater support the City’s responsibility to meet the required ten percent (10%) farebox recovery match associated with the Transit operations. In tandem, this will alleviate some of the costs incurred by the General Fund's Fleet Division.

ALTERNATIVES:

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Maas Energy-City of Banning.docx

2. City of Banning - CNG Dispenser Affidavit.docx

3. Resolution No. 2026-50.pdf
877
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved September 5, 2006
Base Contract for Sale and Purchase of Natural Gas
This Base Contract is entered into as of the following date: March 14, 2026 The parties to this Base Contract are the following:

PARTY A
Maas Energy Works, LLC PARTY NAME

PARTY B
City of Banning
1730 South Street
Redding, CA 96001 ADDRESS 99 E. Ramsey StreetBanning, CA 92220 www.maasenergy.com BUSINESS WEBSITE Banning, CA - Official Website | Official Website n/a CONTRACT NUMBER City of Banning-01
D-U-N-S® NUMBER
US FEDERAL: 27-2367714
OTHER:

TAX ID NUMBERS US FEDERAL: 95-6000674
OTHER:

Delaware JURISDICTION OF
ORGANIZATION California
Corporation LLC
Limited Partnership Partnership
LLP Other:

COMPANY TYPE
Corporation LLC
Limited Partnership Partnership
LLP Other: Municipality
Corporation
n/a GUARANTOR
(IF APPLICABLE) n/a

CONTACT INFORMATION
ATTN: Daryl Maas
TEL#: 530-710-8545 FAX#: n/a
EMAIL: [email protected]
 COMMERCIAL
ATTN: Arturo Vela
TEL#: 951-922-3130 FAX#:

EMAIL: [email protected]
ATTN: Wade Watkins
TEL#: 205-532-4046 FAX#: n/a
EMAIL: [email protected]
 SCHEDULING
ATTN: Arturo Vela
TEL#: 951-922-3130 FAX#:

EMAIL: [email protected]
ATTN: Jacob Baldwin
TEL#: 530-744-4793 FAX#: n/a
EMAIL: [email protected]
 CONTRACT AND

LEGAL NOTICES
ATTN: Arturo Vela
TEL#: 951-922-3130 FAX#:

EMAIL: [email protected]
ATTN: Stephen Hatley
TEL#: 512-618-2987 FAX#: n/a
EMAIL: [email protected]
 CREDIT
ATTN: Arturo Vela
TEL#: 951-922-3130 FAX#:

EMAIL: [email protected]
ATTN: Wade Watkins
TEL#: 205-532-4046 FAX#: n/a
EMAIL: [email protected]
 TRANSACTION

CONFIRMATIONS
ATTN: Arturo Vela
TEL#: 951-922-3130 FAX#:

EMAIL: [email protected]

ACCOUNTING INFORMATION
ATTN: Accounts Payable
TEL#: 205-532-4046 FAX#: n/a
EMAIL: [email protected]
 INVOICES
 PAYMENTS
 SETTLEMENTS
ATTN: Arturo Vela
TEL#: 951-922-3130 FAX#:

EMAIL: [email protected]
BANK:

ABA: ACCT:

OTHER DETAILS:

WIRE TRANSFER

NUMBERS
(IF APPLICABLE)
BANK:

ABA: ACCT:

OTHER DETAILS:

BANK:

ABA: ACCT:

OTHER DETAILS:

ACH NUMBERS
(IF APPLICABLE)
BANK:

ABA: ACCT:

OTHER DETAILS:

ATTN:

ADDRESS:

CHECKS
(IF APPLICABLE)
ATTN: Transit RNG Credits
ADDRESS: City of Banning
PO Box 998
Banning, CA 92220-0007
878
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 2 of 13 September 5, 2006
Base Contract for Sale and Purchase of Natural Gas
(Continued)
This Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North American Energy Standards Board. The parties hereby agree to the following provisions offered in said General Terms and Conditions. In the event the parties fail to check a box, the specified default provision shall apply. Select the appropriate box(es) from each section:

Section 1.2
Transaction
Procedure
Oral (default)
OR
Written
Section 10.2
Additional
Events of
Default
No Additional Events of Default (default)
Indebtedness Cross Default
Party A: __________________
Party B: __________________
Transactional Cross Default
Specified Transactions:

Section 2.7
Confirm Deadline
2 Business Days after receipt (default)
OR
_ Business Days after receipt
Section 2.8
Confirming Party
Seller (default)
OR
Buyer
Section 3.2
Performance
Obligation
Cover Standard (default)
OR
Spot Price Standard
Section 10.3.1
Early
Termination
Damages
Early Termination Damages Apply (default)
OR
Early Termination Damages Do Not Apply
Note: The following Spot Price Publication applies to both of the immediately preceding. Section 10.3.2
Other
Agreement
Setoffs
Other Agreement Setoffs Apply (default)
Bilateral (default)
Triangular
OR
Other Agreement Setoffs Do Not Apply
Section 2.31
Spot Price
Publication
Gas Daily Midpoint (default)
OR
Section 6
Taxes
Buyer Pays At and After Delivery Point (default)
OR
Seller Pays Before and At Delivery Point
Section 7.2
Payment Date
25th Day of Month following Month of delivery
(default)
OR
Day of Month following Month of delivery
Section 15.5
Choice Of Law
California, Riverside County
Section 7.2
Method of Payment
Wire transfer (default)
Automated Clearinghouse Credit (ACH)
Check
Section 15.10
Confidentiality
Confidentiality applies (default)
OR
Confidentiality does not apply
Section 7.7
Netting
Netting applies (default)
OR
Netting does not apply
Special Provisions Number of sheets attached: 4 pages
Addendum(s):

IN WITNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate.

Maas Energy Works, LLC PARTY NAME City of Banning
By:

SIGNATURE
By:

Daryl Maas PRINTED NAME Elizabeth Gibbs
CEO TITLE City Manager
879
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 3 of 13 September 5, 2006
General Terms and Conditions
Base Contract for Sale and Purchase of Natural Gas
SECTION 1. PURPOSE AND PROCEDURES

1.1. These General Terms and Conditions are intended to facilitate purchase and sale transactions of Gas on a Firm or Interruptible basis. "Buyer" refers to the party receiving Gas and "Seller" refers to the party delivering Gas. The entire agreement between the parties shall be the Contract as defined in Section 2.9.

The parties have selected either the “Oral Transaction Procedure” or the “Written Transaction Procedure” as indicated on the Base Contract.

Oral Transaction Procedure:

1.2. The parties will use the following Transaction Confirmation procedure. Any Gas purchase and sale transaction may be effectuated in an EDI transmission or telephone conversation with the offer and acceptance constituting the agreement of the parties. The parties shall be legally bound from the time they so agree to transaction terms and may each rely thereon. Any such transaction shall be considered a “writing” and to have been “signed”. Notwithstanding the foregoing sentence, the parties agree that Confirming Party shall, and the other party may, confirm a telephonic transaction by sending the other party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business Days of a transaction covered by this Section 1.2 (Oral Transaction Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral agreement of the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction Confirmation as the identification and authentication of Confirming Party. If the Transaction Confirmation contains any provisions other than those relating to the commercial terms of the transaction (i.e., price, quantity, performance obligation, delivery point, period of delivery and/or transportation conditions), which modify or supplement the Base Contract or General Terms and Conditions of this Contract (e.g., arbitration or additional representations and warranties), such provisions shall not be deemed to be accepted pursuant to Section 1.3 but must be expressly agreed to by both parties; provided that the foregoing shall not invalidate any transaction agreed to by the parties.

Written Transaction Procedure:

1.2. The parties will use the following Transaction Confirmation procedure. Should the parties come to an agreement regarding a Gas purchase and sale transaction for a particular Delivery Period, the Confirming Party shall, and the other party may, record that agreement on a Transaction Confirmation and communicate such Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means, to the other party by the close of the Business Day following the date of agreement. The parties acknowledge that their agreement will not be binding until the exchange of nonconflicting Transaction Confirmations or the passage of the Confirm Deadline without objection from the receiving party, as provided in Section 1.3.

1.3. If a sending party's Transaction Confirmation is materially different from the receiving party's understanding of the agreement referred to in Section 1.2, such receiving party shall notify the sending party via facsimile, EDI or mutually agreeable electronic means by the Confirm Deadline, unless such receiving party has previously sent a Transaction Confirmation to the sending party. The failure of the receiving party to so notify the sending party in writing by the Confirm Deadline constitutes the receiving party's agreement to the terms of the transaction described in the sending party's Transaction Confirmation. If there are any material differences between timely sent Transaction Confirmations governing the same transaction, then neither Transaction Confirmation shall be binding until or unless such differences are resolved including the use of any evidence that clearly resolves the differences in the Transaction Confirmations. In the event of a conflict among the terms of (i) a binding Transaction Confirmation pursuant to Section 1.2, (ii) the oral agreement of the parties which may be evidenced by a recorded conversation, where the parties have selected the Oral Transaction Procedure of the Base Contract, (iii) the Base Contract, and (iv) these General Terms and Conditions, the terms of the documents shall govern in the priority listed in this sentence.

1.4. The parties agree that each party may electronically record all telephone conversations with respect to this Contract between their respective employees, without any special or further notice to the other party. Each party shall obtain any necessary consent of its agents and employees to such recording. Where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, the parties agree not to contest the validity or enforceability of telephonic recordings entered into in accordance with the requirements of this Base Contract.

SECTION 2. DEFINITIONS
The terms set forth below shall have the meaning ascribed to them below. Other terms are also defined elsewhere in the Contract and shall have the meanings ascribed to them herein.

2.1. “Additional Event of Default” shall mean Transactional Cross Default or Indebtedness Cross Default, each as and if selected by the parties pursuant to the Base Contract.

2.2. “Affiliate” shall mean, in relation to any person, any entity controlled, directly or indirectly, by the person, any entity that controls, directly or indirectly, the person or any entity directly or indirectly under common control with the person. For this purpose, “control” of any entity or person means ownership of at least 50 percent of the voting power of the entity or person. 880
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 4 of 13 September 5, 2006

2.3. “Alternative Damages” shall mean such damages, expressed in dollars or dollars per MMBtu, as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer.

2.4. "Base Contract" shall mean a contract executed by the parties that incorporates these General Terms and Conditions by reference; that specifies the agreed selections of provisions contained herein; and that sets forth other information required herein and any Special Provisions and addendum(s) as identified on page one.

2.5. "British thermal unit" or "Btu" shall mean the International BTU, which is also called the Btu (IT).

2.6. "Business Day(s)" shall mean Monday through Friday, excluding Federal Banking Holidays for transactions in the U.S.

2.7. "Confirm Deadline" shall mean 5:00 p.m. in the receiving party's time zone on the second Business Day following the Day a Transaction Confirmation is received or, if applicable, on the Business Day agreed to by the parties in the Base Contract; provided, if the Transaction Confirmation is time stamped after 5:00 p.m. in the receiving party's time zone, it shall be deemed received at the opening of the next Business Day.

2.8. "Confirming Party" shall mean the party designated in the Base Contract to prepare and forward Transaction Confirmations to the other party.

2.9. "Contract" shall mean the legally-binding relationship established by (i) the Base Contract, (ii) any and all binding Transaction Confirmations and (iii) where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, any and all transactions that the parties have entered into through an EDI transmission or by telephone, but that have not been confirmed in a binding Transaction Confirmation, all of which shall form a single integrated agreement between the parties.

2.10. "Contract Price" shall mean the amount expressed in U.S. Dollars per MMBtu to be paid by Buyer to Seller for the purchase of Gas as agreed to by the parties in a transaction.

2.11. "Contract Quantity" shall mean the quantity of Gas to be delivered and taken as agreed to by the parties in a transaction.

2.12. "Cover Standard", as referred to in Section 3.2, shall mean that if there is an unexcused failure to take or deliver any quantity of Gas pursuant to this Contract, then the performing party shall use commercially reasonable efforts to (i) if Buyer is the performing party, obtain Gas, (or an alternate fuel if elected by Buyer and replacement Gas is not available), or (ii) if Seller is the performing party, sell Gas, in either case, at a price reasonable for the delivery or production area, as applicable, consistent with:
the amount of notice provided by the nonperforming party; the immediacy of the Buyer's Gas consumption needs or Seller's Gas sales requirements, as applicable; the quantities involved; and the anticipated length of failure by the nonperforming party.

2.13. "Credit Support Obligation(s)” shall mean any obligation(s) to provide or establish credit support for, or on behalf of, a party to this Contract such as cash, an irrevocable standby letter of credit, a margin agreement, a prepayment, a security interest in an asset, guaranty, or other good and sufficient security of a continuing nature.

2.14. "Day" shall mean a period of 24 consecutive hours, coextensive with a "day" as defined by the Receiving Transporter in a particular transaction.

2.15. "Delivery Period" shall be the period during which deliveries are to be made as agreed to by the parties in a transaction.

2.16. "Delivery Point(s)" shall mean such point(s) as are agreed to by the parties in a transaction.

2.17. "EDI" shall mean an electronic data interchange pursuant to an agreement entered into by the parties, specifically relating to the communication of Transaction Confirmations under this Contract.

2.18. "EFP" shall mean the purchase, sale or exchange of natural Gas as the "physical" side of an exchange for physical transaction involving gas futures contracts. EFP shall incorporate the meaning and remedies of "Firm", provided that a party’s excuse for nonperformance of its obligations to deliver or receive Gas will be governed by the rules of the relevant futures exchange regulated under the Commodity Exchange Act.

2.19. "Firm" shall mean that either party may interrupt its performance without liability only to the extent that such performance is prevented for reasons of Force Majeure; provided, however, that during Force Majeure interruptions, the party invoking Force Majeure may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by the Transporter.

2.20. "Gas" shall mean any mixture of hydrocarbons and noncombustible gases in a gaseous state consisting primarily of methane.

2.21. “Guarantor” shall mean any entity that has provided a guaranty of the obligations of a party hereunder.

2.22. "Imbalance Charges" shall mean any fees, penalties, costs or charges (in cash or in kind) assessed by a Transporter for failure to satisfy the Transporter's balance and/or nomination requirements.

2.23. “Indebtedness Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it or its Guarantor, if any, experiences a default, or similar condition or event however therein defined, under one or more agreements or instruments, individually or collectively, relating to indebtedness (such indebtedness to include any obligation whether present or future, contingent or otherwise, as principal or surety or otherwise) for the payment or repayment of borrowed money in an aggregate amount greater than the threshold specified in the Base Contract with respect to such party or its Guarantor, if any, which results in such indebtedness becoming immediately due and payable. 881
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 5 of 13 September 5, 2006

2.24. "Interruptible" shall mean that either party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liability, except such interrupting party may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by Transporter.

2.25. "MMBtu" shall mean one million British thermal units, which is equivalent to one dekatherm.

2.26. "Month" shall mean the period beginning on the first Day of the calendar month and ending immediately prior to the commencement of the first Day of the next calendar month.

2.27. "Payment Date" shall mean a date, as indicated on the Base Contract, on or before which payment is due Seller for Gas received by Buyer in the previous Month.

2.28. "Receiving Transporter" shall mean the Transporter receiving Gas at a Delivery Point, or absent such receiving Transporter, the Transporter delivering Gas at a Delivery Point.

2.29. "Scheduled Gas" shall mean the quantity of Gas confirmed by Transporter(s) for movement, transportation or management.

2.30. “Specified Transaction(s)” shall mean any other transaction or agreement between the parties for the purchase, sale or exchange of physical Gas, and any other transaction or agreement identified as a Specified Transaction under the Base Contract.

2.31. "Spot Price " as referred to in Section 3.2 shall mean the price listed in the publication indicated on the Base Contract, under the listing applicable to the geographic location closest in proximity to the Delivery Point(s) for the relevant Day; provided, if there is no single price published for such location for such Day, but there is published a range of prices, then the Spot Price shall be the average of such high and low prices. If no price or range of prices is published for such Day, then the Spot Price shall be the average of the following: (i) the price (determined as stated above) for the first Day for which a price or range of prices is published that next precedes the relevant Day; and (ii) the price (determined as stated above) for the first Day for which a price or range of prices is published that next follows the relevant Day.

2.32. "Transaction Confirmation" shall mean a document, similar to the form of Exhibit A, setting forth the terms of a transaction formed pursuant to Section 1 for a particular Delivery Period.

2.33. “Transactional Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it shall be in default, however therein defined, under any Specified Transaction.

2.34. “Termination Option” shall mean the option of either party to terminate a transaction in the event that the other party fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer for a designated number of days during a period as specified on the applicable Transaction Confirmation.

2.35. "Transporter(s)" shall mean all Gas gathering or pipeline companies, or local distribution companies, acting in the capacity of a transporter, transporting Gas for Seller or Buyer upstream or downstream, respectively, of the Delivery Point pursuant to a particular transaction.

SECTION 3. PERFORMANCE OBLIGATION

3.1. Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity for a particular transaction in accordance with the terms of the Contract. Sales and purchases will be on a Firm or Interruptible basis, as agreed to by the parties in a transaction.

The parties have selected either the “Cover Standard” or the “Spot Price Standard” as indicated on the Base Contract.

Cover Standard:

3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the positive difference, if any, between the purchase price paid by Buyer utilizing the Cover Standard and the Contract Price, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller for such Day(s) excluding any quantity for which no replacement is available; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the amount equal to the positive difference, if any, between the Contract Price and the price received by Seller utilizing the Cover Standard for the resale of such Gas, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for such Day(s) excluding any quantity for which no sale is available; and (iii) in the event that Buyer has used commercially reasonable efforts to replace the Gas or Seller has used commercially reasonable efforts to sell the Gas to a third party, and no such replacement or sale is available for all or any portion of the Contract Quantity of Gas, then in addition to (i) or (ii) above, as applicable, the sole and exclusive remedy of the performing party with respect to the Gas not replaced or sold shall be an amount equal to any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the applicable Delivery Point, multiplied by the quantity of such Gas not replaced or sold. Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party’s invoice, which shall set forth the basis upon which such amount was calculated. 882
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 6 of 13 September 5, 2006
Spot Price Standard:

3.3. Notwithstanding Section 3.2, the parties may agree to Alternative Damages in a Transaction Confirmation executed in writing by both parties.

3.4. In addition to Sections 3.2 and 3.3, the parties may provide for a Termination Option in a Transaction Confirmation executed in writing by both parties. The Transaction Confirmation containing the Termination Option will designate the length of nonperformance triggering the Termination Option and the procedures for exercise thereof, how damages for nonperformance will be compensated, and how liquidation costs will be calculated.

SECTION 4. TRANSPORTATION, NOMINATIONS, AND IMBALANCES

4.1. Seller shall have the sole responsibility for transporting the Gas to the Delivery Point(s). Buyer shall have the sole responsibility for transporting the Gas from the Delivery Point(s).

4.2. The parties shall coordinate their nomination activities, giving sufficient time to meet the deadlines of the affected Transporter(s).

Each party shall give the other party timely prior Notice, sufficient to meet the requirements of all Transporter(s) involved in the transaction, of the quantities of Gas to be delivered and purchased each Day. Should either party become aware that actual deliveries at the Delivery Point(s) are greater or lesser than the Scheduled Gas, such party shall promptly notify the other party.

4.3. The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter that includes Imbalance Charges, the parties shall determine the validity as well as the cause of such Imbalance Charges. If the Imbalance Charges were incurred as a result of Buyer’s receipt of quantities of Gas greater than or less than the Scheduled Gas, then Buyer shall pay for such Imbalance Charges or reimburse Seller for such Imbalance Charges paid by Seller. If the Imbalance Charges were incurred as a result of Seller’s delivery of quantities of Gas greater than or less than the Scheduled Gas, then Seller shall pay for such Imbalance Charges or reimburse Buyer for such Imbalance Charges paid by Buyer.

SECTION 5. QUALITY AND MEASUREMENT
All Gas delivered by Seller shall meet the pressure, quality and heat content requirements of the Receiving Transporter. The unit of quantity measurement for purposes of this Contract shall be one MMBtu dry. Measurement of Gas quantities hereunder shall be in accordance with the established procedures of the Receiving Transporter.

SECTION 6. TAXES
The parties have selected either “Buyer Pays At and After Delivery Point” or “Seller Pays Before and At Delivery Point” as indicated on the Base Contract.

Buyer Pays At and After Delivery Point:

Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas at the Delivery Point(s) and all Taxes after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof.

Seller Pays Before and At Delivery Point:

Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s) and all Taxes at the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof.

SECTION 7. BILLING, PAYMENT, AND AUDIT

7.1. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available. 883
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 7 of 13 September 5, 2006

7.2. Buyer shall remit the amount due under Section 7.1 in the manner specified in the Base Contract, in immediately available funds, on or before the later of the Payment Date or 10 Days after receipt of the invoice by Buyer; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date. In the event any payments are due Buyer hereunder, payment to Buyer shall be made in accordance with this Section 7.2.

7.3. In the event payments become due pursuant to Sections 3.2 or 3.3, the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Payment from the nonperforming party will be due five Business Days after receipt of invoice.

7.4. If the invoiced party, in good faith, disputes the amount of any such invoice or any part thereof, such invoiced party will pay such amount as it concedes to be correct; provided, however, if the invoiced party disputes the amount due, it must provide supporting documentation acceptable in industry practice to support the amount paid or disputed without undue delay. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section.

7.5. If the invoiced party fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate.

7.6. A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Contract. This right to examine, audit, and to obtain copies shall not be available with respect to proprietary information not directly relevant to transactions under this Contract. All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under- or overpayments shall be deemed waived unless such invoices or billings are objected to in writing, with adequate explanation and/or documentation, within two years after the Month of Gas delivery. All retroactive adjustments under Section 7 shall be paid in full by the party owing payment within 30 Days of Notice and substantiation of such inaccuracy.

7.7. Unless the parties have elected on the Base Contract not to make this Section 7.7 applicable to this Contract, the parties shall net all undisputed amounts due and owing, and/or past due, arising under the Contract such that the party owing the greater amount shall make a single payment of the net amount to the other party in accordance with Section 7; provided that no payment required to be made pursuant to the terms of any Credit Support Obligation or pursuant to Section 7.3 shall be subject to netting under this Section. If the parties have executed a separate netting agreement, the terms and conditions therein shall prevail to the extent inconsistent herewith.

SECTION 8. TITLE, WARRANTY, AND INDEMNITY

8.1. Unless otherwise specifically agreed, title to the Gas shall pass from Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respect to the Gas prior to its delivery to Buyer at the specified Delivery Point(s).

Buyer shall have responsibility for and assume any liability with respect to said Gas after its delivery to Buyer at the Delivery Point(s).

8.2. Seller warrants that it will have the right to convey and will transfer good and merchantable title to all Gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims. EXCEPT AS PROVIDED IN THIS SECTION 8.2 AND IN SECTION 15.8, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED.

8.3. Seller agrees to indemnify Buyer and save it harmless from all losses, liabilities or claims including reasonable attorneys' fees and costs of court ("Claims"), from any and all persons, arising from or out of claims of title, personal injury (including death) or property damage from said Gas or other charges thereon which attach before title passes to Buyer. Buyer agrees to indemnify Seller and save it harmless from all Claims, from any and all persons, arising from or out of claims regarding payment, personal injury (including death) or property damage from said Gas or other charges thereon which attach after title passes to Buyer.

8.4. The parties agree that the delivery of and the transfer of title to all Gas under this Contract shall take place within the Customs Territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States 19 U.S.C. §1202, General Notes, page 3); provided, however, that in the event Seller took title to the Gas outside the Customs Territory of the United States, Seller represents and warrants that it is the importer of record for all Gas entered and delivered into the United States, and shall be responsible for entry and entry summary filings as well as the payment of duties, taxes and fees, if any, and all applicable record keeping requirements.

8.5. Notwithstanding the other provisions of this Section 8, as between Seller and Buyer, Seller will be liable for all Claims to the extent that such arise from the failure of Gas delivered by Seller to meet the quality requirements of Section 5.

SECTION 9. NOTICES

9.1. All Transaction Confirmations, invoices, payment instructions, and other communications made pursuant to the Base Contract ("Notices") shall be made to the addresses specified in writing by the respective parties from time to time.

9.2. All Notices required hereunder shall be in writing and may be sent by facsimile or mutually acceptable electronic means, a nationally recognized overnight courier service, first class mail or hand delivered.

9.3. Notice shall be given when received on a Business Day by the addressee. In the absence of proof of the actual receipt date, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon the sending party's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received is not a Business Day or is after five p.m. on a Business Day, then such facsimile shall be deemed to have been received on the next 884
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following Business Day. Notice by overnight mail or courier shall be deemed to have been received on the next Business Day after it was sent or such earlier time as is confirmed by the receiving party. Notice via first class mail shall be considered delivered five Business Days after mailing.

9.4. The party receiving a commercially acceptable Notice of change in payment instructions or other payment information shall not be obligated to implement such change until ten Business Days after receipt of such Notice.

SECTION 10. FINANCIAL RESPONSIBILITY

10.1. If either party (“X”) has reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party (“Y”) (including, without limitation, the occurrence of a material change in the creditworthiness of Y or its Guarantor, if applicable), X may demand Adequate Assurance of Performance. “Adequate Assurance of Performance” shall mean sufficient security in the form, amount, for a term, and from an issuer, all as reasonably acceptable to X, including, but not limited to cash, a standby irrevocable letter of credit, a prepayment, a security interest in an asset or guaranty. Y hereby grants to X a continuing first priority security interest in, lien on, and right of setoff against all Adequate Assurance of Performance in the form of cash transferred by Y to X pursuant to this Section 10.1. Upon the return by X to Y of such Adequate Assurance of Performance, the security interest and lien granted hereunder on that Adequate Assurance of Performance shall be released automatically and, to the extent possible, without any further action by either party.

10.2. In the event (each an "Event of Default") either party (the "Defaulting Party") or its Guarantor shall: (i) make an assignment or any general arrangement for the benefit of creditors; (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of creditors or have such petition filed or proceeding commenced against it; (iii) otherwise become bankrupt or insolvent (however evidenced); (iv) be unable to pay its debts as they fall due; (v) have a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets; (vi) fail to perform any obligation to the other party with respect to any Credit Support Obligations relating to the Contract; (vii) fail to give Adequate Assurance of Performance under Section 10.1 within 48 hours but at least one Business Day of a written request by the other party; (viii) not have paid any amount due the other party hereunder on or before the second Business Day following written Notice that such payment is due; or ix) be the affected party with respect to any Additional Event of Default; then the other party (the "Non-Defaulting Party") shall have the right, at its sole election, to immediately withhold and/or suspend deliveries or payments upon Notice and/or to terminate and liquidate the transactions under the Contract, in the manner provided in Section 10.3, in addition to any and all other remedies available hereunder.

10.3. If an Event of Default has occurred and is continuing, the Non-Defaulting Party shall have the right, by Notice to the Defaulting Party, to designate a Day, no earlier than the Day such Notice is given and no later than 20 Days after such Notice is given, as an early termination date (the “Early Termination Date”) for the liquidation and termination pursuant to Section 10.3.1 of all transactions under the Contract, each a “Terminated Transaction”. On the Early Termination Date, all transactions will terminate, other than those transactions, if any, that may not be liquidated and terminated under applicable law (“Excluded Transactions”), which Excluded Transactions must be liquidated and terminated as soon thereafter as is legally permissible, and upon termination shall be a Terminated Transaction and be valued consistent with Section 10.3.1 below. With respect to each Excluded Transaction, its actual termination date shall be the Early Termination Date for purposes of Section 10.3.1.

The parties have selected either “Early Termination Damages Apply” or “Early Termination Damages Do Not Apply” as indicated on the Base Contract.

Early Termination Damages Apply:

10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, (i) the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section

3.2), for which payment has not yet been made by the party that owes such payment under this Contract and (ii) the Market Value, as defined below, of each Terminated Transaction. The Non-Defaulting Party shall (x) liquidate and accelerate each Terminated Transaction at its Market Value, so that each amount equal to the difference between such Market Value and the Contract Value, as defined below, of such Terminated Transaction(s) shall be due to the Buyer under the Terminated Transaction(s) if such Market Value exceeds the Contract Value and to the Seller if the opposite is the case; and (y) where appropriate, discount each amount then due under clause (x) above to present value in a commercially reasonable manner as of the Early Termination Date (to take account of the period between the date of liquidation and the date on which such amount would have otherwise been due pursuant to the relevant Terminated Transactions).

For purposes of this Section 10.3.1, “Contract Value” means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the Contract Price, and “Market Value” means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the market price for a similar transaction at the Delivery Point determined by the Non-Defaulting Party in a commercially reasonable manner. To ascertain the Market Value, the Non-Defaulting Party may consider, among other valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations from leading dealers in energy swap contracts or physical gas trading markets, similar sales or purchases and any other bona fide third-party offers, all adjusted for the length of the term and differences in transportation costs. A party shall not be required to enter into a replacement transaction(s) in order to determine the Market Value. Any extension(s) of the term of a transaction to which parties are not bound as of the Early Termination Date (including but not limited to “evergreen provisions”) shall not be considered in determining Contract Values and Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend 885
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the term of a transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net present value shall be determined by the Non-Defaulting Party in a commercially reasonable manner.

Early Termination Damages Do Not Apply:

10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section

3.2), for which payment has not yet been made by the party that owes such payment under this Contract.

The parties have selected either “Other Agreement Setoffs Apply” or “Other Agreement Setoffs Do Not Apply” as indicated on the Base Contract.

Other Agreement Setoffs Apply:

Bilateral Setoff Option:

Triangular Setoff Option:

10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the “Net Settlement Amount”). At its sole option, and without prior Notice to the Defaulting Party, the Non-Defaulting Party is hereby authorized to setoff (i) any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; (ii) any Net Settlement Amount against any amount(s) (including any excess cash margin or excess cash collateral) owed by or to a party under any other agreement or arrangement between the parties; (iii) any Net Settlement Amount owed to the Non-Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Non-Defaulting Party or its Affiliates to the Defaulting Party under any other agreement or arrangement; (iv) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party to the Non-Defaulting Party or its Affiliates under any other agreement or arrangement; and/or (v) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party or its Affiliates to the Non-Defaulting Party under any other agreement or arrangement.

Other Agreement Setoffs Do Not Apply:

10.3.3. If any obligation that is to be included in any netting, aggregation or setoff pursuant to Section 10.3.2 is unascertained, the Non-Defaulting Party may in good faith estimate that obligation and net, aggregate or setoff, as applicable, in respect of the estimate, subject to the Non-Defaulting Party accounting to the Defaulting Party when the obligation is ascertained. Any amount not then due which is included in any netting, aggregation or setoff pursuant to Section 10.3.2 shall be discounted to net present value in a commercially reasonable manner determined by the Non-Defaulting Party.

10.4. As soon as practicable after a liquidation, Notice shall be given by the Non-Defaulting Party to the Defaulting Party of the Net Settlement Amount, and whether the Net Settlement Amount is due to or due from the Non-Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount, provided that failure to give such Notice shall not affect the validity or enforceability of the liquidation or give rise to any claim by the Defaulting Party against the Non-Defaulting Party. The Net Settlement Amount as well as any setoffs applied against such amount pursuant to Section 10.3.2, shall be paid by the close of business on the second Business Day following such Notice, which date shall not be earlier than the Early Termination Date. Interest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs, shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate.

10.5. The parties agree that the transactions hereunder constitute a "forward contract" within the meaning of the United States Bankruptcy Code and that Buyer and Seller are each "forward contract merchants" within the meaning of the United States Bankruptcy Code.

10.6. The Non-Defaulting Party's remedies under this Section 10 are the sole and exclusive remedies of the Non-Defaulting Party with respect to the occurrence of any Early Termination Date. Each party reserves to itself all other rights, setoffs, counterclaims and other defenses that it is or may be entitled to arising from the Contract. 886
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10.7. With respect to this Section 10, if the parties have executed a separate netting agreement with close-out netting provisions, the terms and conditions therein shall prevail to the extent inconsistent herewith.

SECTION 11. FORCE MAJEURE

11.1. Except with regard to a party's obligation to make payment(s) due under Section 7, Section 10.4, and Imbalance Charges under Section 4, neither party shall be liable to the other for failure to perform a Firm obligation, to the extent such failure was caused by Force Majeure. The term "Force Majeure" as employed herein means any cause not reasonably within the control of the party claiming suspension, as further defined in Section 11.2.

11.2. Force Majeure shall include, but not be limited to, the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii) weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe; (iii) interruption and/or curtailment of Firm transportation and/or storage by Transporters; (iv) acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insurrections or wars, or acts of terror; and (v) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect of law promulgated by a governmental authority having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance.

11.3. Neither party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in-path, Firm transportation is also curtailed; (ii) the party claiming excuse failed to remedy the condition and to resume the performance of such covenants or obligations with reasonable dispatch; or (iii) economic hardship, to include, without limitation, Seller’s ability to sell Gas at a higher or more advantageous price than the Contract Price, Buyer’s ability to purchase Gas at a lower or more advantageous price than the Contract Price, or a regulatory agency disallowing, in whole or in part, the pass through of costs resulting from this Contract; (iv) the loss of Buyer’s market(s) or Buyer’s inability to use or resell Gas purchased hereunder, except, in either case, as provided in Section 11.2; or (v) the loss or failure of Seller’s gas supply or depletion of reserves, except, in either case, as provided in Section 11.2.

The party claiming Force Majeure shall not be excused from its responsibility for Imbalance Charges.

11.4. Notwithstanding anything to the contrary herein, the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be within the sole discretion of the party experiencing such disturbance.

11.5. The party whose performance is prevented by Force Majeure must provide Notice to the other party. Initial Notice may be given orally; however, written Notice with reasonably full particulars of the event or occurrence is required as soon as reasonably possible. Upon providing written Notice of Force Majeure to the other party, the affected party will be relieved of its obligation, from the onset of the Force Majeure event, to make or accept delivery of Gas, as applicable, to the extent and for the duration of Force Majeure, and neither party shall be deemed to have failed in such obligations to the other during such occurrence or event.

11.6. Notwithstanding Sections 11.2 and 11.3, the parties may agree to alternative Force Majeure provisions in a Transaction Confirmation executed in writing by both parties.

SECTION 12. TERM
This Contract may be terminated on 30 Day’s written Notice, but shall remain in effect until the expiration of the latest Delivery Period of any transaction(s). The rights of either party pursuant to Section 7.6, Section 10, Section 13, the obligations to make payment hereunder, and the obligation of either party to indemnify the other, pursuant hereto shall survive the termination of the Base Contract or any transaction.

SECTION 13. LIMITATIONS

FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY’S LIABILITY

HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS

EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE,

EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE

LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR

CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE

LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR

OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. 887
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SECTION 14. MARKET DISRUPTION
If a Market Disruption Event has occurred then the parties shall negotiate in good faith to agree on a replacement price for the Floating Price (or on a method for determining a replacement price for the Floating Price) for the affected Day, and if the parties have not so agreed on or before the second Business Day following the affected Day then the replacement price for the Floating Price shall be determined within the next two following Business Days with each party obtaining, in good faith and from non-affiliated market participants in the relevant market, two quotes for prices of Gas for the affected Day of a similar quality and quantity in the geographical location closest in proximity to the Delivery Point and averaging the four quotes. If either party fails to provide two quotes then the average of the other party’s two quotes shall determine the replacement price for the Floating Price. "Floating Price" means the price or a factor of the price agreed to in the transaction as being based upon a specified index. "Market Disruption Event" means, with respect to an index specified for a transaction, any of the following events: (a) the failure of the index to announce or publish information necessary for determining the Floating Price; (b) the failure of trading to commence or the permanent discontinuation or material suspension of trading on the exchange or market acting as the index; (c) the temporary or permanent discontinuance or unavailability of the index; (d) the temporary or permanent closing of any exchange acting as the index; or (e) both parties agree that a material change in the formula for or the method of determining the Floating Price has occurred. For the purposes of the calculation of a replacement price for the Floating Price, all numbers shall be rounded to three decimal places. If the fourth decimal number is five or greater, then the third decimal number shall be increased by one and if the fourth decimal number is less than five, then the third decimal number shall remain unchanged.

SECTION 15. MISCELLANEOUS

15.1. This Contract shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, and heirs of the respective parties hereto, and the covenants, conditions, rights and obligations of this Contract shall run for the full term of this Contract.

No assignment of this Contract, in whole or in part, will be made without the prior written consent of the non-assigning party (and shall not relieve the assigning party from liability hereunder), which consent will not be unreasonably withheld or delayed; provided, either party may (i) transfer, sell, pledge, encumber, or assign this Contract or the accounts, revenues, or proceeds hereof in connection with any financing or other financial arrangements, or (ii) transfer its interest to any parent or Affiliate by assignment, merger or otherwise without the prior approval of the other party. Upon any such assignment, transfer and assumption, the transferor shall remain principally liable for and shall not be relieved of or discharged from any obligations hereunder.

15.2. If any provision in this Contract is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Contract.

15.3. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent breach.

15.4. This Contract sets forth all understandings between the parties respecting each transaction subject hereto, and any prior contracts, understandings and representations, whether oral or written, relating to such transactions are merged into and superseded by this Contract and any effective transaction(s). This Contract may be amended only by a writing executed by both parties.

15.5. This Contract shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Venue for any action or proceeding arising out of or relating to this Contract shall lie exclusively in the state or federal courts located in Riverside County, California, and the parties hereby consent to the personal jurisdiction of such courts.

15.6. This Contract and all provisions herein will be subject to all applicable and valid statutes, rules, orders and regulations of any governmental authority having jurisdiction over the parties, their facilities, or Gas supply, this Contract or transaction or any provisions thereof.

15.7. There is no third party beneficiary to this Contract.

15.8. Each party to this Contract represents and warrants that it has full and complete authority to enter into and perform this Contract.

Each person who executes this Contract on behalf of either party represents and warrants that it has full and complete authority to do so and that such party will be bound thereby.

15.9. The headings and subheadings contained in this Contract are used solely for convenience and do not constitute a part of this Contract between the parties and shall not be used to construe or interpret the provisions of this Contract.

15.10. Unless the parties have elected on the Base Contract not to make this Section 15.10 applicable to this Contract, neither party shall disclose directly or indirectly without the prior written consent of the other party the terms of any transaction to a third party (other than the employees, lenders, royalty owners, counsel, accountants and other agents of the party, or prospective purchasers of all or substantially all of a party’s assets or of any rights under this Contract, provided such persons shall have agreed to keep such terms confidential) except (i) in order to comply with any applicable law, order, regulation, or exchange rule, (ii) to the extent necessary for the enforcement of this Contract , (iii) to the extent necessary to implement any transaction, (iv) to the extent necessary to comply with a regulatory agency’s reporting requirements including but not limited to gas cost recovery proceedings; or (v) to the extent such information is delivered to such third party for the sole purpose of calculating a published index. Each party shall notify the other party of any proceeding of which it is aware which may result in disclosure of the terms of any transaction (other than as permitted hereunder) and use reasonable efforts to prevent or limit the disclosure. The existence of this Contract is not subject to this confidentiality obligation. Subject to Section 13, the parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with this confidentiality obligation. The terms of any transaction hereunder shall be kept confidential by the parties hereto for one year from the expiration of the transaction.

In the event that disclosure is required by a governmental body or applicable law, the party subject to such requirement may disclose the material terms of this Contract to the extent so required, but shall promptly notify the other party, prior to disclosure, and shall 888
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cooperate (consistent with the disclosing party’s legal obligations) with the other party’s efforts to obtain protective orders or similar restraints with respect to such disclosure at the expense of the other party.

15.11. The parties may agree to dispute resolution procedures in Special Provisions attached to the Base Contract or in a Transaction Confirmation executed in writing by both parties.

15.12. Any original executed Base Contract, Transaction Confirmation or other related document may be digitally copied, photocopied, or stored on computer tapes and disks (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, the Transaction Confirmation, if introduced as evidence in automated facsimile form, the recording, if introduced as evidence in its original form, and all computer records of the foregoing, if introduced as evidence in printed format, in any judicial, arbitration, mediation or administrative proceedings will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party shall object to the admissibility of the recording, the Transaction Confirmation, or the Imaged Agreement on the basis that such were not originated or maintained in documentary form. However, nothing herein shall be construed as a waiver of any other objection to the admissibility of such evidence.

DISCLAIMER: The purposes of this Contract are to facilitate trade, avoid misunderstandings and make more definite the terms of contracts of purchase and sale of natural gas. Further, NAESB does not mandate the use of this Contract by any party. NAESB DISCLAIMS AND EXCLUDES, AND ANY USER OF

THIS CONTRACT ACKNOWLEDGES AND AGREES TO NAESB'S DISCLAIMER OF, ANY AND ALL WARRANTIES, CONDITIONS OR

REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THIS CONTRACT OR ANY PART THEREOF, INCLUDING

ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR

ANY PARTICULAR PURPOSE (WHETHER OR NOT NAESB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT

AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. EACH USER OF THIS CONTRACT ALSO AGREES THAT UNDER NO CIRCUMSTANCES WILL NAESB BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT. 889
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TRANSACTION CONFIRMATION EXHIBIT A

FOR IMMEDIATE DELIVERY
Letterhead/Logo Date: ____________________________, _____ Transaction Confirmation #: _______________
This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated ______________________. The terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract.

SELLER:
_______________________________________________
_______________________________________________
_______________________________________________
Attn: ___________________________________________
Phone: _________________________________________
Fax: ___________________________________________
Base Contract No. ________________________________
Transporter: _____________________________________
Transporter Contract Number: _______________________
BUYER:
_______________________________________________
_______________________________________________
_______________________________________________
Attn: ___________________________________________
Phone: _________________________________________
Fax: ___________________________________________
Base Contract No. ________________________________
Transporter: _____________________________________
Transporter Contract Number: _______________________
Contract Price: $ /MMBtu or ______________________________________________________________________ Delivery Period: Begin: , ___ End: , ___
Performance Obligation and Contract Quantity: (Select One) Firm (Fixed Quantity): Firm (Variable Quantity): Interruptible:

MMBtus/day MMBtus/day Minimum Up to MMBtus/day
EFP MMBtus/day Maximum
subject to Section 4.2. at election of
Buyer or Seller
Delivery Point(s): ________________________
(If a pooling point is used, list a specific geographic and pipeline location):

Special Conditions:

Seller: __________________________________________
By: ____________________________________________
Title: ___________________________________________
Date: __________________________________________
Buyer: __________________________________________
By: ____________________________________________
Title: ___________________________________________
Date: __________________________________________
890

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Banning City CouncilMarch 10, 2026

Banning City Council
March 10, 2026