Agenda packet — Paso Robles City Council, November 7, 2023 (part 6 of 7)

City Council Agenda November 7, 2023

3. Provide on address side of building if applicable:

Fire alarm annunciator panel location to be approved by PRFES.

Knox Box key entry box or system.

FDC location and access path must be approved by PRFES.

Minimum 6” high, contrasting background address numbers with location, size, and contrast to be approved by PRFES.

For buildings or group of buildings (five units or more) served by an alley or interior driveway, the numbers or alphabetical designation shall be displayed on a directory or annunciator board, approved by the Fire Marshal, at each driveway or alley entrance. Senior housing, retirement villas, hotel and motel annunciator boards shall be of a Graphic type. The property owner, Homeowner's Association or individual in charge of the property shall be responsible for maintaining the directory.

4. Provide a central station monitored fire sprinkler system for all residential, commercial and industrial buildings that require fire sprinklers in the current, adopted edition of the CBC, CFC, and PRMC. Plans shall be reviewed, approved, and permits issued by PRFES for the installation of fire sprinkler and alarm systems.

5. Provide class 1 standpipe system(s) with 2 ½” hose connections to supply water for use by fire department personnel at each floor in accordance to NFPA 14 for all residential, commercial and industrial buildings that are or exceed three (3) stories in height or above 30’. Location shall be at the entrance/exit way of the stairway system. Travel distance greater than 200’ will compel additional standpipe system(s) in each stairwell.

6. Motorized Gates blocking fire access require a separate PRFES permit, must include PRFES Knox Key Switch access (not CALFIRE), and meet CFC requirements. Refer to CFC Appendix D.

Exhibit B
✔
✔
✔
✔
✔

Page 1120 of 1329 ends

City Council Agenda November 7, 2023

7. Provide permanent turn-around for driveway/access roads that exceed 150’ in length. See Paso Robles Standard Details and Specification Standard.

8. Fire extinguisher placement shall be approved by PRFES.

9. Landscape plant selections shall be fire resistive within 30’ of structures.

10. Landscape trees (including potential crown at maturity) must not project into required vertical clearance of the fire access lanes.

11. Project shall comply with all requirements in current, adopted edition of CFC and PRMC.

12. Prior to the issuance of Certificate of Occupancy:

Final inspections shall be completed on all underground fire lines, fire sprinkler systems, fire alarm systems and chemical hood fire suppression systems.

A site pre-fire plan shall be submitted and approved by the Fire Marshal. Contact the Paso Robles Fire Prevention Office for the exact requirements.

A Final Fire Walk-through inspection shall be completed on all buildings.

Additional Notes:

Exhibit B
✔
✔
✔
✔
✔
✔

Page 1121 of 1329 ends

City Council Agenda November 7, 2023
Attachment 8 Exhibit C Page 1122 of 1329 City Council Agenda November 7, 2023 5 8
5 10
6 941 43
6 9
9 67
3 6
7 12
7 5
8 4
8 6 C C

CCCC C C C C C C C
MCMCMCMC MCMCMCMC C C 10 C C 10 C C C C C C
9 5
6 7
6 LOADING DOCKS

CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
7 2 6 3 2 3 2

MCMCMCMCMCMCMCMC
EVC
EVC
EVC
EVC
EVC
EVC
EVC
EVC
EVC

EVC EVC EVC EVC EVC EVC EVC EVC EVC EVC EVC
ARDMORE EXT. BLDG
1 ARDMORE RD BLDG
3 125,812 SF 23,370 SF OFFICE OFFICE OFFICE

PARALLEL PARKING

SERVICE/LOADING BLDG
4 13,950 SF BLDG
5 22,565 SF BLDG
6 45,270 SF
SERVICE/LOADING 60' ROW 30' 10' PUE 10' PUE 10' PUE 40' BLDG 29,360 SF 25' FR. FR. FR. FR. 200' 18' 18' Date JULY 24, 2023 PASO ROBLES, CA Sheet ARDMORE INDUSTRIAL Scale A1.0 1" = 80' @ 11x17 1" = 40' @ 24x36 PROJECT DATA DATA LOT 13 - BLDG 1 USES: OFFICE 9,000 SF WAREHOUSE 116,812 SF TOTAL AREA: 125,812 SF TOTAL PARKING REQUIRED 144 SPACES TOTAL PARKING PROVIDED 154 SPACES* *INCLUDES 43 COMPACT SPACES & 8 ADA SPACES *INCLUDES 10 EVC SPACES PER CGBSC TABLE 5.106.5.3.3 MOTORCYCLE PARKING REQUIRED 1 SPACE PER 20 VEHICLE SPACES REQUIRED: 8 SPACES TOTAL MOTORCYCLE PARKING PROVIDED: 8 SPACES USES: COMMERCIAL/RETAIL 7,392 SF STORAGE 40,271 SF MANUFACTURING 25,836 SF WINEMAKING 41,016 SF TOTAL AREA: 114,515 SF TOTAL PARKING REQUIRED 156 SPACES TOTAL PARKING PROVIDED 156 SPACES** **INCLUDES 23 COMPACT SPACES AND 8 ADA SPACES **INCLUDES 10 EVC SPACES PER CGBCS TABLE 5.106.5.3.3 MOTORCYCLE PARKING REQUIRED 1 SPACE PER 20 VEHICLE SPACES REQUIRED: 8 SPACES MOTORCYCLE PARKING PROVIDED 8 SPACES PARCEL A & B - BLDG 2, 3, 4, 5 & 6 PROPOSED ARCHITECTURAL SITE PLAN REFERENCE NOTES 1: EXISTING OAK TREE TO REMAIN AND BE PROTECTED IN PLACE 2: PROPERTY LINE 3: SETBACK LINE 4: RETENTION BASIN 5: SIDEWALK 6: CENTERLINE OF ARDMORE ROAD 7: LANDSCAPE 8: RETAINING WALL/CURB 9: FENCING, SEE FENCING LEGEND ON LANDSCAPE PLAN 10: TRASH ENCLOSURE 11: SITE LIGHTING 12: STREET TREES. SEE PLANTING PALETTE 13: EXTERNALLY ILLUMINATED MONUMENT SIGN. SEE SITE AMENITIES DETAILS 14: DEPRESSED LOADING DOCK 15: LOADING SPACE 16: AMENITY FACING COMMERCIAL SPACE SHOWN HATCHED 17: PROPOSED PROPERTY LINE 18: FIRE SPRINKLER BACK FLOW DEVICE 19: PRIVATE SHARED ACCESS DRIVEWAY 20: MAINTENANCE PATH 21: 8' WIDE ACCESS GATE 22: FIRE HYDRANT 23: DECORATIVE BLOCK WALL AT SOUTHERN BOUNDARY 5 7 6 15 TYP. 12
4 4
9 16 16
1 1
9 10 10 10 10 10
5 5 14 13 13 13
2 2
3 3
32315TYP. 11 11 TYP. 12
7 CONCEPTUAL OVERALL SITE PLAN
0 NORTH 20 40 80 17 17 17 LOT 13 PARCEL A PARCEL B PARCEL A PARCEL B 8 8
8 8 19 20 21
9 8 11 18 18 18 22 22 11 22 22 14 22 22 22 22 22 22 22 22 Attachment 8 Exhibit C Page 1123 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C PEDESTRIAN PATH ALONG PUBLIC WAY PEDESTRIAN PATH - SITE ENTRANCE POINT PEDESTRIAN PATH WITHIN THE SITE PEDESTRIAN PATH @ BUILDING 3 WITH RETAIL DEMAND Page 1124 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1125 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1126 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1127 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1128 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1129 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1130 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1131 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1132 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1133 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1134 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1135 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1136 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1137 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1138 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1139 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1140 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1141 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1142 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1143 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1144 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1145 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1146 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1147 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1148 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1149 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1150 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1151 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1152 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1153 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1154 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1155 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1156 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1157 of 1329 City Council Agenda November 7, 2023 Attachment 8 Exhibit C Page 1158 of 1329 City Council Agenda November 7, 2023

GAS GAS GAS GAS GAS
815
815
820
820
820
820
825
825
825
825
825
825
825
825
830
830 830 830 835 835
830
827 828
829
831
831
832
832
825
830
827
828
829
829
833
832
830
829
828
829
829
828
827
826
830

WL WL WL WL WL WL WL CO

GAS GAS GAS GAS GAS GAS GAS
UTL UTL UTL UTL UTL UTL 833
831
823 820
820
825
830
825 CO CO CO CO CO CO

CO CO CO
825

30.00' OFFER OF

DEDICATION FOR

ROAD PURPOSES

30.00' PROPOSED OFFER OF

DEDICATION OF ROAD PURPOSES
(PER SEPARATE DOCUMENT)

EXISTING GROSS

7.54 AC

PARCEL B
118773.33 SF

2.73 AC DEDICATION FOR 30.00' OFFER OF ROAD PURPOSES N 88°08'05" W 159.97' S 1°46'02" W 229.58'
S 1°51'55" W 187.04'
N 1°51'56" E 660.02' TRACT BOUNDARY S 88°52'18" E 496.15' TRACT BOUNDARY N 88°54'03" W 498.96' TRACT BOUNDARY S 1°37'19" W 659.73' TRACT BOUNDARY N 88°08'05" W 132.02' S 1°51'55" W 10.18' N 88°08'05" W 62.48' 113.01'
S1°36'50"W 422.07'
S53°54'55"E 26.41' S88°52'17"E 444.50'
S1°38'23"W 192.55' 385.95'

PARCEL A
175717.95 SF

4.03 AC

10.00' STORM DRAIN EASEMENT
EASEMENT NOTE:

PRIVATE RECIPROCAL VEHICULAR ACCESS, RECIPROCAL PEDESTRIAN ACCESS,

RECIPROCAL PARKING, STORM DRAIN & DRAINAGE EASEMENTS AND PUE OVER ALL

OF PARCELS A & B, INCLUSIVE, EXCLUDING BUILDING LOCATIONS FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE PARCEL OWNERS OF PARCELS A & B.

SURVEY NOTES:

1. BOUNDARY AND TOPOGRAPHY BY TUCKER J. SANDERS AT NORTH COAST ENGINEERING.

BOUNDARY INFORMATION SHOWN HEREON IS BASED ON RECORD INFORMATION. a. UNDERGROUND UTILITIES SHOWN HEREIN (IF ANY) ARE BASED ON ABOVE-GROUND STRUCTURES (WHERE AVAILABLE). ACTUAL LOCATION MAY VARY. THEY ARE SHOWN FOR REFERENCE ONLY AND NEED TO BE VERIFIED PRIOR TO ANY CONSTRUCTION.
b. ADDITIONAL UNDERGROUND UTILITY SERVICE LINES TO THE PROPERTY MAY EXIST. FOR INFORMATION REGARDING UTILITY LOCATIONS, SIZE, DEPTH, CONDITION, AND CAPACITY, CONTACT UTILITY OWNERS.
c. SITE ADDRESS = 2930, 2940/2/4 UNION RD, PASO ROBLES, CA.

T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF
®

DATE SIGNED

SIGNATURE
These plans and specifications, and the ideas and
designs incorporated herein, are instruments of
service prepared for the construction of work shown
hereon and shall not be used in whole or in part for
any other project without written authority of Wallace
Group, a California Corporation.

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.
1 2 3 4 5
1 2 3 4 5
C
D
B
A

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3
SHEET
FILE NAME: 0751-0005 TENT PMAP.DWG Plot Date: 7/26/2023 Ardmore Industrial Vesting Tentative Parcel Map No. PR-22-0054 0751.0005
TZ-GM
RMS
07/26/2023
T1.0
1 ARDMORE ROAD
N
(IN FEET)

GRAPHIC SCALE
40 80
1 IN = 40 FT
0 20
46 101

CITY LIMITS

PROJECT
SITE
CITY of El PASO de ROBLES
VICINITY MAP:

UTILITIES:

WATER: City of El Paso de Robles
SEWER: City of El Paso de Robles
ELECTRICITY: PG&E
GAS: SOUTHERN CALIFORNIA GAS Co.

TELEPHONE: AT&T
CABLE TV: CHARTER COMMUNICATIONS
LEGAL DESCRIPTION:

PARCEL INFORMATION:

Address: 2930 Union Rd, Paso Robles CA 93446
Assessor's Parcel Number: A portion of 025-362-043
Existing Lot 6 Gross Lot Area: 7.54 Acres -ExistingNet Lot Area: 6.76 Acres -ProposedNumber of New Parcels: 2 Parcels Parcel A Parcel Area: 4.03 Acres
Parcel B Parcel Area: 2.73 Acres
PROJECT INFORMATION:

N
Being a subdivision of Lot 6 of Golden Hills Orchard Tract in the County of San Luis Obispo, State of California, as shown on map recorded in Book 2, Page 50 of Maps, in the office of the County Recorder of said County, State of California, being 7.54 gross acres.

LEGEND:

PROPOSED PUBLIC STREET OFFER OF DEDICATION.

PROPOSED OFFER OF DEDICATION OF ROAD PURPOSES
(PER SEPARATE DOCUMENT).

LOT 13 GOLDEN HILLS ORCHARDS TRACT APN 025-362-043
PARCEL 2 82 PM 86 APN 025-362-045
LOT 7 GOLDEN HILLS ORCHARDS TRACT APN 025-362-040
PARCEL C O.R. 00-012192 APN 025-362-037
PARCEL B O.R. 00-012193 APN 025-362-036 LOT 3 - GOLDEN HILLS ORCHARDS TRACT - APN 025-362-043 LOT 6 GOLDEN HILLS ORCHARDS TRACT APN 025-362-043

41.00' Existing Road Section

30.00' 10.00' 10.00' 5.00' 5.00'

60.00'

5.00' 5.00' 20.00' 20.00' 5.00' 5.00'

ARDMORE ROAD STREET SECTION

NEW ROAD STREET SECTION ARDMORE EXTENSION

60.00' BIO- SWALE

1.00'
R/W

R/W R/W
R/W
CL
CL
GEORGE Y. MARCHENKO
No. 6964
AL
AT T
S
OF E C
A

O N R I F
I

LICENSED LAND SURVEYOR
DRAFT 20.00' 5.00' 10.00' PUE

10.00' PUE

10.00'
PUE

PARCEL A PARCEL B
10' WIDE DRAINAGE EASEMENT
PER 82 PM 86
15' WIDE ACCESS EASEMENT
PER 144 DEEDS 138
PER 82/PM/86 40.00' RECIPROCAL ACCESS EASEMENT 20.00' 20.00' 35.00' RECIPROCAL DRAINAGE EASEMENT BY SEPARATE DOCUMENT 15.00' 20.00'

TEMPORARY GRADING

EASEMENT

BY SEPARATE DOCUMENT BIO- SWALE BIO- SWALE

BY SEPARATE DOCUMENT BY SEPARATE DOCUMENT
Attachment 8 Exhibit C

Page 1159 of 1329 ends

City Council Agenda November 7, 2023
LOT 13
2/MB/50
LOT 6
2/MB/50

ARDMORE RD ARDMORE ROAD N
50 100
(IN FEET)
25 GRAPHIC SCALE
1 IN = 50 FT
0 REFERENCE NOTES:

XXX DEMOLITION
1 EXISTING STRUCTURE TO BE REMOVED AND PROPERLY DISPOSED. 2 EXISTING FENCING TO BE REMOVED AND PROPERLY DISPOSED
3 EXISTING UTILITIES AND POLES REMOVED AND PROPERLY DISPOSED 4 REMOVE EXISTING TREE
5 EXITING AC PAVEMENT TO BE REMOVED

DEMOLITION NOTES

1. DEMOLISH DESIGNATED PORTIONS OF STRUCTURES AND APPURTENANCES IN ORDERLY AND CAREFUL MANNER.

2. CONTACT UTILITY COMPANIES 5 WORKING DAYS PRIOR TO COMMENCEMENT

OF WORK FOR ANY FACILITIES THAT MAY NEED TO BE SALVAGED BY THE SPECIFIC COMPANY.

3. ASSUME POSSESSION OF DEMOLISHED MATERIALS, UNLESS SPECIFIED OTHERWISE. REMOVE DEMOLISHED MATERIALS FROM SITE AT LEAST DAILY.

4. PREVENT AIRBORNE DUST. USE WATER OR DUST PALLIATIVE WHEN NECESSARY. PROVIDE AND MAINTAIN HOSES AND CONNECTIONS TO WATER MAIN OR HYDRANT.

5. DO NOT BURN MATERIALS ON SITE.

6. IMMEDIATELY UPON DISCOVERY, REMOVE, AND DISPOSE OF CONTAMINATED,

VERMIN INFESTED, OR DANGEROUS MATERIALS BY SAFE MEANS SO AS NOT TO ENDANGER HEALTH OF WORKERS AND PUBLIC.

7. ROUGH GRADE AREAS AFFECTED BY DEMOLITION OR GRADE AS SHOWN ON THE DRAWINGS.
4 4
4 4
4 4
1 3
1 5

PROTECT

CRITICAL ROOT ZONE

PROTECT
2 2
2 4
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF
®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.
1 2 3 4 5
1 2 3 4 5
C
D
B
A

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3
THOMAS K. ZEHNDER

C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY
AL
AT T
S
OF E C
A

O N R I F
I
R

EGISTERED PROFESSIONA L ENGINEER
3 FILE NAME: 751-05 TOPO-DEMO.DWG Plot Date: 7/26/2023 Demo Plan C1.1
2 OFArdmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS
2 (E)WATER TANK

TEMPORARY GRADING

EASEMENT
15' WIDE ACCESS EASEMENT
PER 144 DEEDS 138
Attachment 8 Exhibit C

Page 1160 of 1329 ends

City Council Agenda November 7, 2023
1 23 45 6

UTL UTL UTL UTL UTL UTL CO CO CO CO CO CO CO CO CO
Steering Angle
Lock to Lock Time
Articulating Angle
WB-67
Trailer Track
Tractor Track
Trailer Width
Tractor Width

4.00 19.50
feet

8.50 8.50:

8.00 8.00 :::

0.00 3.00 45.50

15.00 53.00 ::
: 6.0

28.4 75.0

8.50 19.90

44.00 Steering Angle : 33.3

8.50 8.50

6.0 Paso Robles Ladder Truck
feet :::

Width
Track
Lock to Lock Time 40'
40'
26' 26' 26' 26' 26' 24'

ARDMORE ROAD ARDMORE ROAD N
(IN FEET)

GRAPHIC SCALE
40 80
1 IN = 40 FT 0 20 FUTURE THROUGH ROAD
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF ®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice. 1 2 3 4 5 1 2 3 4 5 CDBA

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3 THOMAS K. ZEHNDER C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY AL AT T S OF E C A O N R I F I REGISTERED PROFESSIONA L ENGINEER FILE NAME: 751-05 TRUCK.DWG Plot Date: 7/26/2023

26.00'

26.05'

26.00'

26.04' 28.70'

60.00' 30.00'

26.00' 8.00'

16.00' 9.00'

18.00'

9.00' 16.00' 18.00'

9.00' 8.00'

16.00' 9.00'

18.00'

18.00' 9.00' 9.00' Truck Circulation Plan
C2.1
3 OFArdmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS 36.00' 24.00'
Attachment 8 Exhibit C

Page 1161 of 1329 ends

City Council Agenda November 7, 2023
>
>
1 2
3 4
5 6
829.85 FF
829.30 FF
829.00 FF
828.10 FF
815
815
820
820
820
820
825
825
825
825
825
825
825
825
830 830 830
830 835 835
830
827 828
829
831
831
832
832
825
830
827
828
829
829
825
830
828
829
829

SD SD SD SD

SD SD SD
SD
SD
SD SD

SD SD SD
SD
SD

SD SD SD SD
SD
SD
SD
SD
828.20 FF 827826
829
830
831
833
832
830
829
828
829
829
828
827
826
830
(832.49)
(830.20)
829.05 FF
828
828
826
827828
819
829 829
829
828
828
830 828
829
829
827 833
831

4.27% 2.93%

1.90%

1.50% 0.49%

2.00%1.23% 1.84% 2.00% 2.30% 0.51% 0.61% 0.69% 0.67% 0.60% 0.86% 0.62% 0.54% 0.50% 0.59%

3.8:1 2.03% 3.14% 1.38% 2.00% 1.76% 2.00% 2.00% 0.50% 0.50%

3.59%

2.29% 0.56% 0.54%

4.50% 1.50% 0.50% 0.60% 1.00% 1.25% 0.50%

1.64%

2.00%

3.52%

2.00%7.58%5.88% 2.93% 1.77% 2.06% 1.93% 2.52% 0.50% 0.50% 0.50% 2.00%

1.04%

1.13% 0.99% 0.51% 0.59% 1.81% 3.69% 2.03% 3.99% 0.98%

2.07%

3.61%

2.98%

2.52%

0.50% 0.49% 0.83% 0.83% 2.00% 3.96% 2.89% 1.99%

3.50%

3.82%

1.90%

3.24%

3.64%

2.73%

2.93%
SD

9.09%
FG: 823.53
814.00 BTM 1.92% 1.50% 2.00%
823 820 821822 824
820
825
830
825
825 824
822
821

3.00%

0.50% 1.00% 0+00 1+00 2+00 3+00 4+00 5+00 6+00 6+20
10+00 11+00 12+00 13+00 14+00 15+00 16+00 16+90

0.74% 0.79% 1.62% 1.08% 1.67%

ARDMORE RD (N-S)
STA: 10+30.00 =
STA: 1+07.51
STREET "A"

0.50% 0.50% 0.86%

0.81%
815
820
825
820
830
833
829

3.0:1 3.0:1

3.0:1

3.0:1
825

0.50%
> > > > > >
>
> > > > > > > >
> > >
N 1°37'19" E S 88°52'18" E 15' WIDE ACCESS EASEMENT PER 144 DEEDS 138 10' WIDE DRAINAGE EASEMENT PER 82 PM 86 > > >
> ARDMORE ROAD
N
(IN FEET)

GRAPHIC SCALE
40 80
1 IN = 40 FT
0 20
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF
®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.
1 2 3 4 5
1 2 3 4 5
C
D
B
A

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3
THOMAS K. ZEHNDER

C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY
AL
AT T
S
OF E C
A

O N R I F
I
R

EGISTERED PROFESSIONA L ENGINEER
FILE NAME: 751-05 GRDNG-UTL.DWG Plot Date: 7/26/2023

ARDMORE ROAD

60.00'

40.00' 40'20.00' Grading Plan
C3.1
4 Ardmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS
10 1
1 1
1 1
1 2
13 3
3 3
3 4
4 4
4 4
4 4
5 5
5 5
5 5
5 5
7 7
6 6 6 6 6 6
6 6
6 6
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15 15
17 18
18 18
14 18
19 19
19 19
19 19
19 19
19 19
19 (E)FH (E)FH
20 20
20 20
20 20
20 20
20 20 20
20 (E) 2- 24" SD
RELOCATED (E)FH STREET "A"

EARTHWORK CALC'S & NOTES
(BASED ON FINISH GRADE)
CUT: 19,803± CU.YD.

FILL: 43,515± CU.YD.

NET FILL: 23,712± CU.YD.

MAX. HEIGHT CUT: 9.5'±
MAX HEIGHT FILL: 13.5'±
MAX SLOPE: 2:1 (50%)

1. NO SHRINKAGE OR EXPANSION WAS CONSIDERED IN CALCULATION.

2. QUANTITIES ESTIMATED SHOWN IN THIS PLAN ARE TO BE USED FOR PERMIT PURPOSES ONLY. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO ESTIMATE QUANTITIES FOR THE PURPOSES OF CONSTRUCTION & BIDDING.

3. TOTAL DISTURBED AREA: 14.3 ± ACRES

4. SLOPES OF FILL SURFACES TO NOT EXCEED (2:1) 2 HORIZONTAL TO 1 VERTICAL.

5. PROTECT ALL EXISTING SURVEY MONUMENTS IN PLACE.

6. SHRINKAGE, CONSOLIDATION AND SUBSIDENCE FACTORS AND LOSSES DUE TO CLEARING AND DEMOLITION OPERATIONS ARE NOT INCLUDED. ESTIMATED

EARTHWORK QUANTITIES ARE BASED ON THE APPROXIMATE DIFFERENCE BETWEEN

EXISTING GRADES AND PROPOSED GRADES, AS INDICATED ON THE PLANS, AND SHOULD VARY ACCORDING TO THESE FACTORS AND LOSSES.

7. THE GRADING CONTRACTOR SHALL REVIEW THE SITE AND THE GEOTECHNICAL

REPORT(S), SHALL ACCEPT OR CONFIRM EXISTING TOPOGRAPHIC INFORMATION,

SHALL PERFORM AN INDEPENDENT EARTHWORK QUANTITY ESTIMATE, AND SHALL BID ACCORDINGLY.
16 16
14 14

REFERENCE KEYNOTES

DESCRIPTION
1 ASPHALT CONCRETE
2 CONCRETE DRIVING SURFACE
3 CONCRETE VALLEY GUTTER
4 6" CONCRETE CURB & 24" GUTTER PER CITY OF

PASO ROBLES
5 6" CONCRETE CURB PER CITY OF PASO ROBLES
6 UNDER SIDEWALK DRAIN
7 SAWCUT AND MATCH POINT. PROVIDE SMOOTH

TRANSITION PER CITY OF PASO ROBLES
8 DRIVEWAY ACCESS PER CITY OF PASO ROBLES
9 LID AREA PER DRAINAGE REPORT
10 PROPOSED UNDER GROUND CHAMBER LOCATION

SIZE TO BE DETERMINED PER DRAINAGE REPORT
11 RETAINING WALL
12 GRAVITY TYPE RETAINING WALL
13 TRUCK DOCK REFER TO ARCHITECTURAL PLANS
14 STORM DRAIN INLET
15 CONCRETE CATCH BASIN PER CITY OF PASO
ROBLES
16 (2) 36" HDPE STORM DRAIN PIPE
17 CONCRETE SPANDREL PER CITY OF PASO ROBLES
18 TRASH ENCLOSURE
19 FIRE HYDRANT PER CITY OF PASO ROBLES
20 STORM DRAIN PIPE
XXX
15 8
8 18
19 20
20 20
4 6
6 CONFORM TO EXITING

SIDEWALK, CURB AND
GUTTER

TEMPORARY ACCESS TO PAVEMENT

CONCRETE SPILLWAY
W/ R.S.P. (816.0 FS)

TEMPORARY GRADING

EASEMENT

6.50'

2.50' 1.00'
Attachment 8 Exhibit C

Page 1162 of 1329 ends

City Council Agenda November 7, 2023
> >
>
1 2
3 4
5 6 GAS GAS GAS GAS GAS
829.85 FF
829.30 FF
829.00 FF
828.10 FF
815
815
820
820
820
820
825
825
825
825
825
825
825
825
830
830 830
830 835 835
830
827 828 829
831
831
832
832
825
830
827
828
829
829
825
830
828
829
829
828.20 FF 827826
829
830
831
833
832
830
829
828
829
829
828
827
826
830
(832.49)
(830.20)

UTL UTL UTL UTL UTL UTL
829.05 FF
828
828
826
827828
819
829 829
829
828
828
830 828
829
829
827 833
831 WL WL WL WL WL
814.00 BTM
823
820
825
830
825
825 824
822
821 1+00 2+00 3+00 4+00 5+00 6+00 6+20
10+00 11+00 12+00 13+00 14+00 15+00 16+00 16+90
STA: 1+07.51
STREET "A"
815
820
825
820
830
833
829 CO CO CO CO CO CO CO CO CO
825
> > > > > > > > > > > > > >
>
> >
> ELEVATION ELEVATION
810
820
830
840
810
820
830
840
0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+07 FF: 828.10 FF: 828.10
STATION ELEVATION 820 ELEVATION 830
840
820
830
840
0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+07 FF: 829.05 FF: 829.00
STATION ELEVATION 820 ELEVATION 830
840
820
830
840
0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+07 FF: 828.20 FF: 829.30 ELEVATION ELEVATION
810
820
830
840
810
820
830
840
0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 ELEVATION ELEVATION 810
820
830
840
810
820
830
840
0+00 0+20 0+40 0+60 0+80 ELEVATION ELEVATION
810
820
830
840
810
820
830
840
0+00 0+20 0+40 0+60 0+80 ELEVATION ELEVATION
820
830
840
850
820
830
840
850
0+00 0+20 0+40 0+60 0+80 1+00
FF: 825.63
FF: 829.85
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF
®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.
1 2 3 4 5
1 2 3 4 5
C
D
B
A

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3
THOMAS K. ZEHNDER

C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY
AL
AT T
S
OF E C
A

O N R I F
I
R

EGISTERED PROFESSIONA L ENGINEER
FILE NAME: 751-05 GRDNG-UTL.DWG Plot Date: 7/26/2023 Site Sections C3.2
5 Ardmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS
(E) STORM DRAIN PIPES

PROPOSED OVERFLOW

CHANNEL

PROPOSED RETAINING WALL

PROPOSED RETAINING WALL PROPOSED RETAINING WALL
50 100
(IN FEET)
25 GRAPHIC SCALE
1 IN = 50 FT
0 Scale: 1"= 20'
SECTION 1
1 4
5 6 7
2 3
Scale: 1"= 20'
SECTION 2
Scale: 1"= 20'
SECTION 3
Scale: 1"= 20'
SECTION 4
Scale: 1"= 20'
SECTION 5
Scale: 1"= 20'
SECTION 6
Scale: 1"= 20'
SECTION 7
BUILDING 6
BUILDING 4 BUILDING 5
BUILDING 2
BUILDING 3

ARDMORE ROAD

ARDMORE
ROAD

TRUCK DOCK AREA PROPOSED OVERFLOW

CHANNEL
PL
PL
PL
PL
PL
PL
PL

RETAINING WALL RETAINING WALL

RETAINING WALL

LID BASIN
N
C3.3
A
C3.3
B
RW
RW
RW
Attachment 8 Exhibit C

Page 1163 of 1329 ends

City Council Agenda November 7, 2023
810
820
830
840
810
820
830
840
0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 5+80 6+00 6+20 6+20
FF: 829.00 FF: 829.30
810
820
830
840
810
820
830
840
6+20 6+40 6+60 6+80 7+00 7+20 7+40 7+60 7+80 8+00 8+20 8+40 8+60 8+80 9+00 9+20 9+40 9+60 9+80 10+00 10+20 10+40 10+60 10+80 11+00 11+20 11+40 11+60 11+80 12+00 12+20 12+40 12+50 810
820
830
840
810
820
830
840
0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 5+80 6+00 6+20 6+20
FF: 828.10 FF: 829.05
810
820
830
840
810
820
830
840
6+20 6+40 6+60 6+80 7+00 7+20 7+40 7+60 7+80 8+00 8+20 8+40 8+60 8+80 9+00 9+20 9+40 9+60 9+80 10+00 10+20 10+40 10+60 10+80 11+00 11+20 11+40 11+60 11+80 12+00 12+20 12+40 12+50 FF: 865.62
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF
®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.
1 2 3 4 5
1 2 3 4 5
C
D
B
A

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3
THOMAS K. ZEHNDER

C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY
AL
AT T
S
OF E C
A

O N R I F
I
R

EGISTERED PROFESSIONA L ENGINEER
FILE NAME: 751-05 GRDNG-UTL.DWG Plot Date: 7/26/2023 Site Sections C3.3
6 Ardmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS
20 40
(IN FEET)
10 GRAPHIC SCALE
1 IN = 20 FT
0 Scale: Horz: 1"= 20' Vert: 1"=10'
SECTION A STA 0+00 TO 6+20
Scale: Horz: 1"= 20' Vert: 1"=10'
SECTION A STA 6+20 TO 12+50
Scale: Horz: 1"= 20' Vert: 1"=10'
SECTION B STA 0+00 TO 6+20
Scale: Horz: 1"= 20' Vert: 1"=10'
SECTION B STA 6+20 TO 12+50
BUILDING 1
BUILDING 4
BUILDING 6
BUILDING 5
BUILDING 3

60.00' RW

60.00' RW
PL
RW RW
RW RW
PL
PL
PL
EG
FG
FG
FG
FG
EG
EG
EG

LID BASIN

STACK WALL

STACK WALL
Attachment 8 Exhibit C

Page 1164 of 1329 ends

City Council Agenda November 7, 2023
>
>
>
1 2
3 4
5 6 SS SS SS SS SS SS GAS GAS GAS GAS GAS GAS

SS SS SS SS

SS SS SS SS SS SS SS SS

SD SD SD SD

SD SD SD
SD
SD
SD SD

SD SD SD
SD
SD

SD SD SD SD
SD
SD
SD
SD

WL WL WL WL WL WL WL WL CO FIRE FIRE FIRE

FIRE FIRE

FIRE FIRE FIRE FIRE FIRE FIRE FIRE

FIRE FIRE

GAS GAS GAS GAS GAS GAS GAS GAS

UTL UTL UTL UTL UTL UTL UTL SS WL WL WL WL WL WL

FIRE FIRE FIRE FIRE FIRE

FIRE FIRE FIRE FIRE FIRE FIRE

SD FIRE
FIRE FIRE FIRE FIRE FIRE 0+00 1+00 2+00 3+00 4+00 5+00 6+00 6+20 10+00 11+00 12+00 13+00 14+00 15+00 16+00 16+90

ARDMORE RD (N-S)
STA: 10+30.00 =
STA: 1+07.51
STREET "A" SS SS SS SS SS SS SS SS SS SS CO CO CO CO CO CO CO CO CO > > > > > >
>
> > > > > > > >
> > >
N 1°37'19" E S 88°52'18" E 15' WIDE ACCESS EASEMENT PER 144 DEEDS 138 10' WIDE DRAINAGE EASEMENT PER 82 PM 86 > > >
> ARDMORE ROAD
N
(IN FEET)

GRAPHIC SCALE
40 80
1 IN = 40 FT
0 20
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF
®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.
1 2 3 4 5
1 2 3 4 5
C
D
B
A

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3
THOMAS K. ZEHNDER

C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY
AL
AT T
S
OF E C
A

O N R I F
I
R

EGISTERED PROFESSIONA L ENGINEER
FILE NAME: 751-05 GRDNG-UTL.DWG Plot Date: 7/26/2023
ARDMORE ROAD Utility Plan
C3.4
7 Ardmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS
NOTE:

1. BUILDING OUTLINE SHOWN FOR REFERENCE ONLY.

2. UTILITY POINT OF CONNECT AND SIZE SHALL BE VERIFIED

WITH FINAL PLUMBING PLAN PRIOR TO PLACEMENT

3. THRUST BLOCK REQUIRED ON ALL WATER LINES AT ALL

BENDS & TEES

REFERENCE KEYNOTES

DESCRIPTION
1 8" PVC WATERLINE
2 WATERLINE MANIFOLD
3 WATER METER (DOMESTIC & LANDSCAPE TBD)
4 8" FIRE LINE
5 FIRE HYDRANT
6 8" SANITARY SEWER
7 6" SANITARY SEWER (PRIVATE)
8 SANITARY SEWER MANHOLE
9 SANITARY SEWER CLEAN OUT
10 LID AREA PER DRAINAGE REPORT
11 PROPOSED UNDER GROUND CHAMBER LOCATION

SIZE TO BE DETERMINED PER DRAINAGE REPORT
12 STORM DRAIN INLET
13 CONCRETE CATCH BASIN PER CITY OF PASO
ROBLES
14 CONCRETE HEAD WALL W/ (2) 36" HDPE STORM

DRAIN PIPE
15 STORM DRAIN PIPE
16 STREET LIGHT
17 DOUBLE DETECTOR CHECK ASSEMBLY PER CITY

OF PASO ROBLES
18 ARV - AIR RELEASE VALVE PER CITY OF PASO
ROBLES
XXX
(8" PVC)
(8" PVC) (8" PVC)
(12" SD) (18" SD)
(E) FH
(GAS)
(GAS) (8" SS)
(E)FH
(E) 2- 24" SD
(E)FH 8" PVC 8" PVC 8" PVC8" PVC
8" PVC
8" PVC
8" PVC
8" PVC
8" PVC
3 1
2 2 2 2 2
2 2
3 3 3
3 3
3 4
4 4
4 4
4 5
5 5
5 5
5 5
5 5
5 6
6 7
7 7
6 8
8 8
8 8
11 9
11 11
10 10 10 10
10 10
10 13
13 12 12
12 12
12 12
12 12 12 12 12 12
12 12
12 12
12 12
12 12
12 12
12 15
15 15
15 15
15 15
15 15
15 15
14 STREET "A"
(E) LIGHT
(E) LIGHT
(E) LIGHT
16 16
16 16
16 14
15 7
7 7
7 7
7 17
17 17
17 UTILITY TYPICAL LEGEND

SS SANITARY SEWER

SD STORM DRAIN

FIRE FIRE LINE

WL WATERLINE

GAS GAS

CO SANITARY SEWER CLEAN OUT
5 5
10 15
15 RELOCATED (E)FH

CONFORM TO EXITING

SIDEWALK, CURB AND
GUTTER
13 9
9 9
9 9
9 9
18 35.00' RECIPROCAL DRAINAGE EASEMENT 15.00' 20.00'

10.00' STORM DRAIN EASEMENT
Attachment 8 Exhibit C

Page 1165 of 1329 ends

City Council Agenda November 7, 2023
GAS SS

SS SS SS SS SS SS SS SS SS SS
825
825 825
830
827 828 829
831
832
825
825
828.20 FF 828
827
826 SD

WL WL WL WL WL WL WL WL WL WL WL CO FIRE

GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS UTL

UTL UTL UTL UTL UTL UTL UTL UTL UTL UTL SS
828
826
827
827

4.27% 2.93% 0.51%

2.29%

2.00%7.58%5.88% 2.93% 1.77% 1.93% WL
SD
SD
825
10+00 1+00 11+00 12+00 13+00 14+00 15+00 16+00 16+90

0.74% 0.79% 1.62% 1.08% 1.67%

ARDMORE RD (N-S)
STA: 10+30.00 =
STA: 1+07.51
STREET "A"

0.81% SS SS SS CO
CO
825
N 1°37'19" E

SS SS SS SS SS SS SS SS

GAS GAS GAS GAS GAS GAS GAS GAS SS SS
825
830
830 827
828
829831 831
832 832
830
828 829
SD SD
829
830
831
833 WL
CO GAS
UTL
SS
830
828
829
829
827

0.50%

0.56% 0.54% 4.50%

1.77%

1.93%

0.98%

WL WL WL WL WL WL WL WL
830
0+00 1+00 2+00 3+00 4+00 5+00 6+00 6+20 10+00 11+00

ARDMORE RD (N-S)
STA: 10+30.00 =
STA: 1+07.51
STREET "A"
833 SS

SS SS SS CO
>
S 88°52'18" E ELEVATION
800
810
820
830
840
850
860
800
810
820
830
840
850
860
10+00 10+20 10+40 10+60 10+80 11+00 11+20 11+40 11+60 11+80 12+00 12+20 12+40 12+60 12+80 13+00 13+20 13+40 13+60 13+80 14+00 14+20 14+40 14+60 14+80 15+00 15+20 15+40 15+60 15+80 16+00 16+20 16+40 16+60 16+80 17+00

5.00%

0.74%

5.00%

0.71% STA: 10+24.01 SSMH ELEV: 826.80 STA: 14+40.71 SSMH ELEV: 826.25 ARDMORE RD (N-S) STA: 10+30.00 = STREET "A" STA: 107.51 INV: 814.35
INV: 817.61
INV: 818.54
800
810
820
830
840
850
860
800
810
820
830
840
850
860
0+70 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 5+60 5+80 6+00 6+20

0.50% 12.84%

2.93%
100.00' VC BVC: 1+04.42 ELEV: 826.46 EVC: 2+04.42 ELEV: 828.18 PVI ELEV = 827.93
PVI STA = 1+54.42
HIGH POINT ELEV = 828.18
HIGH POINT STA = 2+04.42

41.2 0.50%

5.00%

0.84%

5.00% 5.00% STA: 1+19.97 SSMH ELEV: 826.80 STA: 5+70.82 SSMH ELEV: 830.00 STREET "A" STA: 1+07.51 = ARDMORE RD (N-S) STA 10+30 INV: 814.35 INV: 816.79
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF
®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.
1 2 3 4 5
1 2 3 4 5
C
D
B
A

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3
THOMAS K. ZEHNDER

C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY
AL
AT T
S
OF E C
A

O N R I F
I

REGISTERED PROFESSIONA L ENGINEE
R
FILE NAME: 751-05 GRDNG-UTL.DWG Plot Date: 7/26/2023 Street Plan & Profile C3.5
8 Ardmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS
30 60
1 IN = 30 FT
0 15
(IN FEET)

GRAPHIC SCALE
Scale: HORZ.: 1"= 30' VERT.: 1"= 15'
(E) ARDMORE ROAD (N-S)PLAN VIEW STA 10+00 TO 17+00
N
EG @ CL
FS @ CL
EG @ CL
FL CURB FACE FG @ CL
(N) 8" SEWER
(E)12" CMP 2.2' CLR
12 SD
18" SD
N

REFERENCE KEYNOTES

DESCRIPTION
1 ASPHALT CONCRETE
2 CONCRETE SPANDREL PER CITY OF PASO ROBLES
3 6" CONCRETE CURB & 24" GUTTER PER CITY OF

PASO ROBLES
4 6" CONCRETE CURB PER CITY OF PASO ROBLES
5 CURB CUT OPENING
6 SAWCUT AND MATCH POINT. PROVIDE SMOOTH

TRANSITION PER CITY OF PASO ROBLES
7 DRIVEWAY ACCESS PER CITY OF PASO ROBLES
8 8" PVC WATERLINE
9 WATERLINE MANIFOLD
10 WATER METER (DOMESTIC & LANDSCAPE TBD)
11 8" FIRE LINE
12 FIRE HYDRANT
13 8" SANITARY SEWER
14 6" SANITARY SEWER (PRIVATE)
15 SANITARY SEWER MANHOLE PER CITY OF PASO
ROBLES
16 STORM DRAIN PIPE
17 STORM DRAIN INLET
18 CONCRETE CATCH BASIN PER CITY OF PASO
ROBLES
19 LID AREA PER DRAINAGE REPORT
20 STREET LIGHT PER CITY OF PASO ROBLES
21 WOOD BARRICADE PER CITY OF PASO ROBLES
22 ARV - AIR RELEASE VALVE PER CITY OF PASO
ROBLES
XXX 30.00'
Scale: HORZ.: 1"= 30' VERT.: 1"= 15'
(E) ARDMORE ROAD (N-S) PROFILE VIEW STA 10+00 TO 17+00 ARDMORE ROAD ARDMORE ROAD STREET "A"

ARDMORE ROAD ARDMORE ROAD
STREET "A"
Scale: HORZ.: 1"= 30' VERT.: 1"= 15'
STREET "A" PLAN VIEW STA 0+70 TO 6+04
Scale: HORZ.: 1"= 30' VERT.: 1"= 15'
STREET "A" PROFILE VIEW STA 0+70 TO 6+04 30.00' 30.00' 60.00' 10.00' PUE 10.00' PUE R/W
R/W
R/W 10.00' PUE
CL

FUTURE JOINT

DRIVEWAY ACCESS FUTURE JOINT DRIVEWAY ACCESS
R25.00' R25.00'
R25.00' R25.00'
R25.00'
(N) 8" SEWER
(N) 8" WATER 3.5' CLR 1.75' CLR

CONFORM

UTILITY TYPICAL LEGEND

SS SANITARY SEWER

SD STORM DRAIN

FIRE FIRE LINE

WL WATERLINE

GAS GAS

CO SANITARY SEWER CLEAN OUT

FL CURB FACE
(E)FH (E)FH
1 2
2 2
2 3
3 3
3 3
5 5
5 5 5
6 6
6 7 7
7 11
8 8
10 9
10 9
10 9
10 9
10 9
10 9
10 9
10 9
12 12
12 7
13 13
13 13
14 14
14 15 15 15
1 11
11 11
15 15
16 16
16 16
16 17 17 17
17 17
18 18
18 19 19 19
19 19 19
20 20
20 20
20 21
(E)LIGHT
(E)LIGHT(E)LIGHT
(E)LIGHT
(E)LIGHT
(E)FH
TO BE

RELOCATED
(E)FH
TO BE

RELOCATED

POC EXISTING
SEWER 20.00' 5.00'

60.00' R/W
30'±
(E)SIDEWALK

5.50' 4.50'
LID

60.00' R/W

5.50' 4.50'
LID

5.50'
LID

4.50' 20.00' 20.00'
10'±
SW
SW SW
(SW)
CL
CL
Scale: NTS

TYPICAL STREET SECTION (ARDMORE)
Scale: NTS

TYPICAL STREET SECTION (FUTURE RAOD A)
40'

40.00'

10.00'

OFFER PER PIP
FOR PM PR 180067
PUE

10.00'
PUE

TEMPORARY

ACCESS TO

PAVEMENT
22 Attachment 8 Exhibit C

Page 1166 of 1329 ends

City Council Agenda November 7, 2023

GAS GAS GAS GAS GAS
829.85 FF
829.30 FF
829.00 FF
828.10 FF
815
815
820
820
820
820
825
825
825
825
825
825
825
825
830 830 830
830 835 835
830
827 828 829
831
831
832
832
825
830
827
828
829
829
825
830
828
829
829

SD SD SD SD SD
SD
SD SD

SD SD SD
SD
SD

SD SD SD
SD
SD
SD
828.20 FF 827826
829
830
831
833
832
830
829
828
829
829
828
827
826
830
1 2
3 5
829.05 FF
828
828
826
827828
819
829 829
829
828
828
830 828
829
829
827 833
831 WL WL WL WL WL
SD
814.00 BTM
823 820 821822 824
820
825
830
825
825 824
822
821 0+00 1+00 2+00 3+00 4+00 5+00 6+00 6+20
10+00 11+00 12+00 13+00 14+00 15+00 16+00 16+90

ARDMORE RD (N-S)
STA: 10+30.00 =
STA: 1+07.51
STREET "A"
815
820
825
820
830
833
829 CO CO CO CO CO CO CO CO CO
825
NTS

STAGING AREA DETAIL
Project Information:

RISK LEVEL: tbd
Legally Responsible Person(LRP):

Owner: Damien Mavis
Covelop
PO Box 12910
San Luis Obispo, CA 93406
Prepared by:

WALLACE GROUP
QSD/QSP: Ronald (Glenn) Rider, QSD/QSP #26736
Phone: 805-544-4011
Email: [email protected]
WDID No.: tbd Risk Level tbd.

LEGEND:

DESCRIPTION

STORMDRAIN INLET PROTECTION

FIBER ROLLS

TEMPORARY EXCLUSIONARY FENCING FOR

ENVIRONMENTALLY SENSITIVE AREAS
FR

PEV GRAVEL BAG CHECK DAM

SF SILT FENCE
REFERENCE NOTES:
200 WATER POLLUTION AND EROSION

CONTROL MEASURES
201 FIBER ROLLS IN ACCORDANCE WITH CALTRANS STANDARD T56. ALL

PERIMETER CONTROLS SHALL BE INSTALLED PRIOR TO BEGINNING GRADING ACTIVITIES. FIBER ROLLS SHALL BE MADE OF 100%
BIODEGRADABLE MATERIALS.
202 INSTALL ORANGE CONSTRUCTION FENCING TO PROTECT EXISTING TREES AND PLANTS IN ACCORDANCE WITH CASQA STANDARD EC-2. 203 STABILIZED CONSTRUCTION ENTRANCE/EXIT SHALL BE INSTALLED IN ACCORDANCE WITH CALTRANS STANDARD T58.
204 TEMPORARY DRAINAGE INLET PROTECTION TYPE 3A - GRAVEL BAG BERM PER CALTRANS BMP SC-10 AND T62
205 CONCRETE WASH OUT IN ACCORDANCE WITH CALTRANS STANDARD T59. 206 SILT FENCING IN ACCORDANCE WITH CALTRANS STANDARD T51. 207 PROPOSED STAGING AREA. CONTRACTOR SHALL PROVIDE DRIP PANS, BMPs, AND SECONDARY CONTAINMENT FOR FUELING CONSTRUCTION VEHICLES. SEE STAGING ARE DETAIL THIS SHEET
208 GRAVEL BAG CHECK DAM IN CHEVRON FORMATION IN ACCORDANCE WITH CALTRANS STANDARD T57.
209 INSTALL FILTER FABRIC INSERT BELOW EXISTING GRADE FOR DI'S IN CONCRETE.

Erosion Control Notes

PRE-CONSTRUCTION

1. THE PROJECT QSP MUST ATTEND THE PRECONSTRUCTION MEETING. THE

PROJECT SWPPP MUST BE ON THE SITE AND THE EROSION CONTROL SITE PLAN SHALL BE REVIEWED AT THIS MEETING.

2. PRIOR TO ANY SITE WORK, INSTALL THE CONSTRUCTION SITE-RESOURCE

PROTECTION FENCING AS SHOWN ON THE EROSION CONTROL PLAN AND

ENSURE EROSION AND SEDIMENTATION CONTROL MATERIALS ARE ON SITE AND READY FOR INSTALLATION.

3. INSTALL ORANGE PLASTIC-WEB FENCING ALONG THE CONSTRUCTION SITE

BOUNDARY AND IN AREAS DESIGNATED ON PLAN PRIOR TO ANY SITE DISTURBANCE. NO CONSTRUCTION UNDER THIS PERMIT IS TO OCCUR OUTSIDE OF THE SITE BOUNDARY.

DURING CONSTRUCTION

1. DURING CONSTRUCTION PROTECTION MEASURES INCLUDE BMPS SHOWN ON THESE PLANS. THE PROJECT SITE SHALL BE ACCESSED ONLY VIA THE PROJECT ENTRANCE OFF OF THE MAIN PAVED PUBLIC ROAD. CONTRACTOR

SHALL PREVENT MULTIPLE CONSTRUCTION ACCESS POINTS DIRECTING

ACCESS TO A SINGLE POINT THROUGH THE USE OF FENCING OR OTHER OBSTACLES.

2. CONSTRUCTION STAGING AREAS SHALL BE WITHIN THE SITE BOUNDARY AND ONLY AND PER THE DESIGNATED AREA ON THE EROSION CONTROL PLAN. THE

CONTRACTOR CAN CHANGE THE LOCATION AFTER REVIEW AND APPROVAL

WITH THE QSP TO ENSURE THE NEW LOCATION COMPLIES WITH ALL COUNTY AND STATE CODES. (MUST BE 100' FROM SENSITIVE RESOURCES AND DRAINAGE WATER COURSES).

3. ALL PORTABLE TOILETS MUST BE LOCATED MORE THAN 50' FROM ANY STORM DRAIN INLET OR DRAINAGE.

SLOPE PROTECTION: PROTECT ALL GRADED CUT AND FILL SLOPES WITHIN 14

DAYS OF INITIAL GRADING PER PROJECT PLANS AND AS FOLLOWS FOR ANY FIELD CHANGES:

Install fiber rolls on slopes along the contour with a slight downward angle at the end of each row to prevent ponding at the midsection (California Straw Works, 2005). Turn the ends of each fiber roll upslope to prevent runoff from flowing around the roll.

Install fiber rolls in shallow trenches dug 3 to 5 inches deep for soft, loamy soils and 2 to 3 inches deep for hard, rocky soils. Determine the vertical spacing for slope installations on the basis of the slope gradient and soil type.

FIBER ROLL SLOPE PLACEMENT
1:1 slopes = 10 feet apart
2:1 slopes = 20 feet apart
3:1 slopes = 30 feet apart
4:1 slopes = 40 feet apart
For soft, loamy soils, place the rows closer together. For hard, rocky soils, place the rows farther apart. Stake fiber rolls securely into the ground and orient them perpendicular to the slope. Biodegradable wood stakes or willow cuttings are recommended. Drive the stakes (24-inch stake is recommended for use on soft, loamy soils. An 18-inch stake is recommended for use on hard, rocky soil) through the middle of the fiber roll and deep enough into the ground to anchor the roll in place. About 3 to 5 inches of the stake should stick out above the roll, and the stakes should be spaced 3 to 4 feet apart.

2. STABILIZE ALL GRADED SLOPES AFTER 14 DAYS OF INACTIVITY. VEGETATE SLOPES BY EITHER:
a. HYDROSEED AND PROVIDE TEMPORARY IRRIGATION UNTIL
ESTABLISHED; OR
b. DRY SEED AND COVER WITH WEED FREE STRAW, TRACKED UP AND

DOWN SLOPE TO TACK INTO THE SOIL (USING TRACKED CONSTRUCTION EQUIPMENT Or,
c. PLACE JUTE NETTING OR EROSION CONTROL BLANKETS ON ALL GRADED SLOPES THAT DO NOT HAVE ESTABLISHED VEGETATION BY SEPTEMBER 1.

POST CONSTRUCTION

1. AT PROJECT COMPLETION, REMOVE ALL TEMPORARY BMP'S NOT INTENDED

TO BE LEFT IN PLACE (JUTE AND SEEDING)

2. OBTAIN FINAL STABILIZATION OF ALL DISTURBED AREAS (70% VEGETATIVE COVER)

3. INSTALL ALL DRAINAGE FEATURES IN ACCORDANCE WITH THE PROJECT SWCP

4. NOTIFY QSD TO REVIEW FOR SITE COMPLETION THEY WILL FILE AND OBTAIN APPROVAL OF A NOTICE OF TERMINATION (NOT) FOR THE PROJECT SWPPP.

5. CONSTRUCTION OF ALL STORM WATER CONTROL MEASURES SHALL BE

COMPLETED PRIOR TO INSPECTION BY COUNTY AND PRIOR TO ENGINEER OF RECORD FINAL SIGN-OFF.

SWPPP

1. A NOTICE OF INTENT HAS BEEN FILED WITH THE STATE OF CALIFORNIA WATER

RESOURCES CONTROL BOARD BY THE OWNER SO THAT THIS CONSTRUCTION PROJECT MAY BE COVERED UNDER THE STATE GENERAL PERMIT.

2. THE WDID IDENTIFICATION FOR THE PROJECT STORMWATER POLLUTION PREVENTION PLAN (SWPPP) IS ----__TBD__.

3. THE SWPPP MUST BE KEPT ONSITE DURING CONSTRUCTION ACTIVITY AND

MADE AVAILABLE UPON REQUEST OF A REPRESENTATIVE OF THE REGIONAL WATER QUALITY BOARD AND/OR THE LOCAL AGENCY.

4. A CALIFORNIA STATE CERTIFIED QSP MUST INSPECT THE SITE ACCORDING TO

THE STATE ISSUED SWPPP REQUIREMENTS FOR THE DURATION OF THE

PROJECT
County Erosion Control Notes

1. Erosion control measures for wind, water, material stockpiles, and tracking shall be implemented on all projects at all times and shall include source control, including protection of stockpiles, protection of slopes, protection of all disturbed areas, protection of accesses, and perimeter containment measures. Erosion control shall be placed prior to the commencement of grading and site disturbance activities unless the Public Works Department determines temporary measures to be unnecessary based upon location, site characteristics or time of year. The intent of erosion control measures shall be to keep all generated sediments from entering a swale, drainage way, watercourse, atmosphere, or migrate onto adjacent properties or onto the public right-of-way.

2. Site inspections and appropriate maintenance of all erosion control measures/devices shall be conducted and documented at all times during construction and especially prior to, during, and after rain events.

3. The Developer shall be responsible for the placement and maintenance of all erosion control measures/devices as specified by the approved plan until such time that the project is accepted as complete by the Public Works Department or until released from the Conditions of Approval of their General Permit. Erosion control measures/devices may be relocated, deleted or additional measures/devices may be required depending on the actual conditions encountered during construction. Additional erosion control measures/devices shall be placed at the discretion of the Engineer of Work, County Inspector, SWPPP Monitor, or RWQCB Inspector. Guidelines for determining appropriate erosion control devices shall be included in the plans with additional measures/devices noted from the appendix of the Public Improvement Standards.

4. Installation of erosion control measures and devices shall be implemented "year-round".

5. The Contractor, Developer, and Engineer of Work shall be responsible to review the project site prior to October 15 (rainy season) and to coordinate an implementation plan for wet weather erosion control devices. A locally based standby crew for emergency work shall be available at all times during the rainy season (October 15 through April 15). Necessary materials shall be available and stock piled at convenient locations to facilitate rapid construction or maintenance of temporary devices when rain is imminent.

6. In the event of a failure, the Developer and/or his representative shall be responsible for cleanup and all associated costs or damage. In the event that damage occurs within the right-of-way and the County is required to perform cleanup, the owner shall be responsible for County reimbursement of all associated costs or damage.

7. In the event of failure and/or lack of performance by the owner and/or contractor to correct erosion control related problems the Public Works Department may revoke all active permits and recommend that County Code Enforcement provide a written notice or stop work order in accordance with Section 22.52.140 [23.10] of the Land Use Ordinance.

8. Permanent erosion control shall be placed and established with 90% coverage on all disturbed surfaces other than paved or gravel surfaces, prior to final inspection.

Permanent erosion control shall be fully established prior to final acceptance. Temporary erosion control measures shall remain in place until permanent measures are established.

9. The County Air Pollution Control District (APCD) may have additional project specific erosion control requirements. The Contractor, Developer, and Engineer of Work shall be responsible for maintaining self-regulation of these requirements.

10. All projects involving site disturbance of one acre or greater shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES). The Developer shall submit a Notice of intent (NOI) to comply with the General Permit for Construction Activity with the Regional Water Quality Control Board (RWQCB). The Developer shall provide the County with the Waste Discharge Identification Number (WDID #) or with verification that an exemption has been granted by RWQCB. WDID No.: .

Person to contact 24 hours a day in the event there is an erosion control/sedimentation problem (Storm Water Compliance Officer): Name Local Phone No:

Dust Control Notes:

1. Reduce the amount of the disturbed area where possible

2. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (nonpotable) water should be used whenever possible.

3. All dirt stock-pile areas must be sprayed as needed.

4. Permanent dust control measures identified in the approved project plans should be implemented as soon as possible following completion of any soil disturbing activities.

5. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established.

6. All disturbed areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting or other methods approved in advance by the APCD.

7. All roadways should be paved as soon as possible.

8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site.

9. All trucks hauling dirt, sand, soil or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114.

10. All areas disturbed by grading activities shall be hydroseeded with an approved hydroseed mix.

11. Effective soil cover shall be implemented for areas scheduled to be inactive for at least 14 days.

FILE NAME: 751-05 ECP.DWG Erosion Control Plan
C4.1
9 Ardmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS

ECP SHOWN ON THIS SHEET IS FOR
PHASE 1
Construction Staging,
Storage & Stockpile
Area
Perimeter to be contained with
fiber rolls, weighted with
sandbags every 10'. FR FR FR FR FR FR FR

FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR FR

FR FR FR FR FR FR FR FR FR
Concrete/Paint
Washout
Construction Trash
Recycling: Covered at
all times, no overflows;
watertight
Construction
Trailer Area
Fuel Storage/haz mat
area w/secondary
containment
Construction
Equipment
Parking, Drip
Pans Required
FR FR
FR
FR
FR
FR
FR FR
FR

FR FR FR
FR
FR
FR
FR
FR
FR
FR FR
FR
FR
FR
FR
FR
FR

FR FR FR
FR
FR
FR
FR
FR
FR FR
FR
FR
FR
FR
FR
FR
FR FR

FR FR FR FR
FR
FR
FR
FR
FR

FR FR FR
FR
FR FR
FR
FR
FR FR
FR
FR
FR FR

FR FR FR FR
FR

FR FR FR FR
FR FR

FR FR FR
FR
FR
FR
FR FR
FR
FR

FR FR FR
FR
FR
FR
FR
FR

FR FR FR
FR
FR FR
FR
FR
FR
FR
FR

FR FR FRFR
FR
FR
FR
FR
FR

FR FR FR
FR
FR FR

FR FR FR
FR
FR
FR FR
FR
FR
FR
FR
FR

FR FR FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR
FR FR
FR
FR

FR FR FR FR FR FR FR FR
FR FR
FR FR
FR
FR FR
FR
FR
FR
FR FR
FR
FR
FR
FR
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF
®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.
1 2 3 4 5
1 2 3 4 5
C
D
B
A

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3
THOMAS K. ZEHNDER

C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY
AL
AT T
S
OF E C
A

O N R I F
I

REGISTERED PROFESSIONA L ENGINEE

R ARDMORE ROAD
N
50 100
(IN FEET)
25 GRAPHIC SCALE
1 IN = 50 FT
0 ARDMORE ROAD FR FR FR FR FR FR

FR FR FR FR FR FR FR FR FR FR FR
FR FR FR FR FR PHASE - 2
Construction Staging,
Storage & Stockpile
Area
Perimeter to be contained with
fiber rolls, weighted with
sandbags every 10'.

SF SF SF
FR

FR FR FR FR FR FR FR FR
PEV
PEV
PEV
PEV

PEV PEV
PEV

PEV PEV

PHASING LINE

PHASING LINE PHASING LINE
SF SF
FR FR
FR

FR FR FR
FR
Attachment 8 Exhibit C

Page 1167 of 1329 ends

City Council Agenda November 7, 2023
NTS
CALTRANS TR-0400
FILE NAME: 751-05 ECP.DWG Erosion Control Details
C4.2
10 Ardmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF ®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice. 1 2 3 4 5 1 2 3 4 5 CDBA

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3 THOMAS K. ZEHNDER C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY AL AT T S OF E C A O N R I F I REGISTERED PROFESSIONA L ENGINEER Attachment 8 Exhibit C

Page 1168 of 1329 ends

City Council Agenda November 7, 2023
FILE NAME: 751-05 ECP.DWG Erosion Control Details
C4.3
11 Ardmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF ®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice. 1 2 3 4 5 1 2 3 4 5 CDBA

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3 THOMAS K. ZEHNDER C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY AL AT T S OF E C A O N R I F I REGISTERED PROFESSIONA L ENGINEER Attachment 8 Exhibit C

Page 1169 of 1329 ends

City Council Agenda November 7, 2023
FILE NAME: 751-05 ECP.DWG Erosion Control Details
C4.4
12 Ardmore Industrial Developement Plans
10 7/26/23
0751-05
CD
CD
SHEETS
T 805 544-4011 F 805 544-4294
612 CLARION COURT
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING

CONSTRUCTION MANAGEMENT

LANDSCAPE ARCHITECTURE

MECHANICAL ENGINEERING

PUBLIC WORKS ADMINISTRATION

SURVEYING / GIS SOLUTIONS

WATER RESOURCES
DESIGNERS:

DRAWING NO.

DATE:

DRAWN BY:

JOB #:

OF ®

DATE SIGNED

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice. 1 2 3 4 5 1 2 3 4 5 CDBA

ORIGINAL SCALE IS IN INCHES
FOR REDUCED PLANS 0 1 2 3 THOMAS K. ZEHNDER C I V I L
No. 72702

NOT FOR CONSTRUCTION

FOR PLAN REVIEW ONLY AL AT T S OF E C A O N R I F I REGISTERED PROFESSIONA L ENGINEER Attachment 8 Exhibit C

Page 1170 of 1329 ends

City Council Agenda November 7, 2023
1343 Bishop Street, San Luis Obispo, CA 93401
Tel: 805 234 8760 Email: [email protected] August 17, 2022 To: Michael Stoltey – MD3 Investments & Damien Mavis – CoVelop Re: Oak Tree Assessment report for Ardmore Road Project, 2930 Union Rd, Paso Robles, CA 93446 Gentlemen,
In response to your request for an Oak Tree Assessment for trees growing on a lot you intend to purchase and develop at 2930 Union Road, I have produced the following report.

Assignment
• Collect tree data and perform Level 2 inspection on 9 valley oaks (Quercus lobata) to determine condition and suitability for retention.
• Perform advanced Level 3 Assessment with Resistograph for 3 valley oaks. • Provide written summary of condition and suitability for retention for all 9 valley oaks.

Introduction
On August 2, 2022, I visited the site and performed a Level 2, basic assessment on all native oaks 6-inch diameter and greater on lots you intend to develop. As a result, 3 of the trees required a Level 3 advanced inspection with a Resistograph, wood density measuring device. I returned to the site on August 5, 2022, and performed the advanced inspections with a Resistograph to measure wood density.

On August 12, 2022, I collected additional data for tree #2 via a climbing inspection. I analyzed data collected during the advanced inspections and have made recommendations regarding tree condition, tree risk and potential for retention. All tree inspections were based on the potential for a tree to fail within the next 5 years from the date of this report. Any tree retained should be re-inspected on an annual basis to determine health and structural integrity status.

MethodologyMy initial level 2 inspection consisted of a ground based, visual inspection and full walk around of the tree. I used a rubber mallet to sound the trunk to detect decay. I tagged each tree with an aluminum tag and assigned it a number. Based on a previous arborist’s inspection of the trees, I assigned the same number that was listed in their report so we would have consistency when referencing the trees.

Advanced inspections consisted of Resistograph wood density testing, and in one instance, an aerial inspection that consisted of determining the extent of decay with a tape measure.

EXHIBIT - D

Page 1171 of 1329 ends

City Council Agenda November 7, 2023
2 Tree Condition Ratings
All trees in the inventory were given a condition rating. The rating was based on the health, structure and presence of disease and insects. See the following definitions:
• Dead = Severely declining or no foliage, large dead branches, decay cavities, loss of bark, roots decayed or dead.
• Very Poor = Evidence of multiple large past failures, advanced decay, uncontrollable pest infestations or disease infection. Tree in severe decline. • Poor = Tree may be suppressed, drought stressed, or had at least 1 large branch failure.

Disease or pest infestations may be present. Can potentially be retained with attention to mitigation pruning, cultural care changes, pest and disease control. • Fair = May have had minor past failures. Some pests or structural defects may be present, small deadwood. Minor to moderate drought stress present. Defects may be mitigated with pruning and pests can be controlled.
• Good = A relatively healthy tree with minor to no structural defects with minimal to no pest observed. Defects can be mitigated with pruning and pests can be controlled. • Very Good = Trees that have had professional arboricultural care. No structural defects, disease or pests identified.
• Excellent = Specimen tree with superior form, root structure and health. Tree has been regularly cared for by professional arborists over its lifetime, E.g., estate or arboretum tree.

Inspection Levels
Level 1 – Limited Visual Inspection – This is a limited walk-by or drive-by, which does not typically include a complete walk around a tree. The inspection focuses on obvious defects, imminent or probable likelihood of failures. There are generally no tools used at this level. This is the fastest and least thorough assessment.

Level 2 – Basic Assessment – Generally includes a complete walk around inspection. Basic tools such as probes, measuring devices, binoculars, mallet or magnifying glass are used. At this level, an aerial inspection is not included. A Level 2 assessment is usually necessary to establish the need for a Level 3 assessment.

Level 3 – Advanced Inspection – Detailed inspection which usually employs the use of special equipment, data collection and analysis. A higher level of training is also required, such as International Society of Arboriculture (ISA) Tree Risk Assessment Qualification. Specialized equipment may include an Air Spade (device that uses compressed air to expose roots or root crown for inspections without causing damage to sensitive plant tissues). Resistograph (drilling devise used to measure and graph wood density) Level 3 inspections may also include sending samples to labs for analysis. A Level 3 inspections will usually take place later because of time needed to perform a Level 2 inspection.

Assessing Tree Structure and Potential to Fail
Estimating the structural integrity of trees is a challenge because, unlike steel I-beams or other construction materials there is no precise engineering standard to help determine the load a tree can withstand.

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3 Arborists must use measurement of decay, experience with previous, similar trees as well as factor in the various stressors on the compromised areas within the tree. Trees with thicker outer shells are going to be stronger. Oval internal decay areas and areas of decay that have broken through the outer shell of the trunk or branch will be weaker due to the inconsistency of the cylinder.

Tree Risk
Tree risk is determined by identifying the targets e.g. (people, buildings, cars or property) that could be injured or damaged by a whole or partial tree failure, the occupancy rate, exposure of the target to the tree hazard, the size of part of the tree that may impact the target if it were to fail, the likelihood of impact on the target, and the consequences of failure on the target.

The part of the tree most likely to fail and cause the largest impact is used to determine the highest overall risk for the tree.

When considering likelihood of failure, the definitions are as follows:
• Imminent – Failure has started or most likely to occur in the near future. Even if there is no significant wind or increased load. The imminent category overrides the time frame stated in the scope of work.
• Probable – Failure may be expected under normal weather conditions within the specified time frame.
• Possible – Failure may be expected in extreme weather conditions, but is unlikely during normal weather conditions during a specified time frame. • Improbable – The tree or part is not likely to fail during normal weather conditions and may not fail in extreme weather conditions within the specified time frame.

Risk Matrices
I used the International Society of Arboriculture’s Basic Tree Risk Assessment Form to determine risk. Matrix 1 the “Likelihood Matrix” determines the likelihood of failure and impact. The result is entered into Matrix 2, the “Risk Rating Matrix” which factors in Consequences of Failure to get the overall risk rating. In the example below, Likelihood of failure of a part was Probable. The Likelihood of Impact was High. The result was Likely. In Matrix 2, I entered the result of Likely and entered Severe in the Consequences of Failure which gave me a risk rating of High.

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4 For each tree requiring a level 3 inspection, I have highlighted matrix tables to show how risk was determined for the part or parts of the tree being considered regarding failure potential.

Mitigation
When assessing risk for a tree, it is important to determine if the risk of tree failure can be reduced through mitigation. Mitigation can be made through pruning, installing cabling or bracing support structures. Moving targets out of the strike zone of a tree or restricting access to a tree are also viable mitigation measures. The recommended mitigation should not be so excessive that they compromise the health of the tree.

Tree Assessments
I performed level 2 assessments on trees 1,2,3,4,9,10,11 & 13. See Tree Map Appendix B. From those assessments, I determined that trees 1,2 and 13 required level 3 advanced inspections. Each assessment below includes a condition rating as well as potential for retention and mitigation recommendations. For level 3 inspections, I included a tree risk assessment matrix.

Tree 1 – A 43” diameter valley oak was in Very Poor condition. See Appendix A - Photographs - Photo 1
Basic Level 2 Inspection –
This tree had drought stress which was indicated by dead wood in the canopy. It also had decay throughout its scaffold branches which was indicated by decay cavities and woodpecker nests excavated in dead wood. See Appendix A - Photographs - Photos 1 & 4.

The trunk had an approximate lean to the east of 10 degrees. It also had a horizontal compression bulge on the east side of its trunk approximately 1’ above ground. Compression bulges or wrinkles, indicate that wood fibers are being crushed by the weight of the canopy and trunk due to lack of supportive structure in the trunk. Further the tree had a large, decayed, anchor root on its southwest side. The root was on the opposing side of the lean of the tree and is likely to fail as decay advances and stress from the weight of the canopy continues to build.

See Appendix A -Photographs - Photos 1-3.

Although this tree had a full canopy it has significant trunk decay. When I sounded the trunk with a rubber mallet, it resounded hollow on all sides. To further confirm the sounding results, I performed an advanced inspection of the decay using a Resistograph.

Advanced Level 3 Inspection -
I took 4 measurements of the wood density of the trunk at 3.5’ above ground. o Sample 1 – west side of tree. Outer shell thickness was 4” o Sample 2 – south side of tree. Outer shell thickness was 6” o Sample 3 – east side of tree. Outer shell thickness was 4” with a small 1.25” pocket of sound wood at 8” laterally, then total decay

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5 o Sample 4 – north side of tree. Outer shell thickness was 5.25” Based on the Resistograph results, it was apparent that interior wood of the trunk is significantly decayed. The evidence of compression bulges showed that the trunk is losing structural integrity and leaning due to lack of supportive wood fibers.

Armillaria mellea, a.k.a. Oak root fungus is a common disease in valley oaks and is likely the cause of the decay in the roots and the trunk. Christopher J. Luley in his guide Wood Decay Fungi calls this fungus Number one of the “Big Three” of the important decay fungi. Again, according to Mr. Luley, “Armillaria is a root and butt rot fungus that increases the risk of tree failure and is a pathogen capable of killing cambium of roots and lower trunk of stressed trees”.

See Appendix A - Photographs - Photos 29 & 30 for example of failed oak due to root and butt rot.

Parts Assessed – Roots and Trunk
I used the International Society of Arboriculture’s Basic Tree Risk Assessment Form to determine risk for this tree. In Matrix 1 the “Likelihood Matrix” I selected Likelihood of Failure of the roots and trunk as Probable. The Likelihood of impacting a target in a built environment would be High. The resulting Likelihood of Impact was Likely, which I entered into Matrix 2, the “Risk Rating Matrix” in the Likelihood of Failure and Impact section. For the Consequences of Failure section of Matrix 2, I entered Severe. The Likelihood of Failure and Impact rating combined with the Consequences of Failure resulted in a risk rating of High.

Part Assessed – Scaffold Branches
In Matrix 1 the “Likelihood Matrix” I selected Likelihood of Failure of the scaffold branches as Probable. The Likelihood of impacting a target in a built environment would be High. The resulting Likelihood of Impact was Likely, which I entered into Matrix 2, the “Risk Rating Matrix” for the Likelihood of Failure and Impact section. Under Consequences of Failure in Matrix 2, I entered Severe. The Likelihood of Failure and Impact rating combined with the Consequences of Failure resulted in a risk rating of High.

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6 Combined Inspection Results and Risk Assessment
The highest risk rating for this tree was High and was associated with root and trunk failure. I found decay in one anchor root and significant decay was detected in the trunk. Buckling of trunk fibers was evident. Based on shell strength measurements, the likelihood of trunk failure was probable, due to lack of structural integrity. Root failure was Probable due to significant decay in the anchor root on the southwest side of the tree. Scaffold failure was also probable with a high likelihood of failure.

Mitigation:

Scaffolds - Reducing the canopy through end weight reduction and removing decayed branches 2” diameter and larger would relieve some stress on remaining scaffold branches and reduce their risk to Moderate.

Roots and Trunk - Reducing the canopy through end weight reduction would relieve some stress on the trunk but not enough to offset the overall stress being exerted on the buckling area on the north side of the tree. No structural support or bracing will help the stability of the tree’s trunk or roots. Significant decay has been detected in the roots as well as the trunk. Based on shell strength measurements, lean of the tree and buckling of wood fibers on the east side of the trunk made failure likely due to lack of structural integrity. I recommend removing the tree before commencement of construction.

Tree 2 – A 47” diameter valley oak was in Poor condition. See Appendix A - Photographs - Photo 5.

Basic Level 2 Inspection –
On the south side of the trunk there was a decay cavity originating at the root-crown and extending approximately 5.5’ upward. When sounded with a rubber mallet on either side of the cavity, it resounded hollow. Moving around the trunk to the east side, I detected another hollow sounding area with my mallet at approximately 3.5’ above ground. See Appendix A - Photographs - Photo 6. Like Tree 1, I suspect Armillaria mellea - Oak root fungus, is the cause of the rot.

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7 At approximately 8 feet above ground, on the southwest side of the trunk there was another decay area that was almost closed over with scar tissue. Although almost closed, I suspected a large area of decay behind the scar. See Appendix A - Photographs – Photo 7. There was a large scaffold branch attached to the trunk above the scar. It had a desiccated fungal fruiting body growing on it and cankers had killed strips of bark near the fungus. See Appendix A - Photographs – Photo 8. I identified the fungi genus to be that of Inonotus. Jessie A. Glaeser and Kevin T. Smith in the winter 2010 issue of Western Arborist, note this fungus to cause a whiterot of heartwood in the trunk of living oaks and also decays strips or sections of sapwood, forming elongate cankers and killing the cambium. According to Swiecki, T. J.; Bernhardt, E. A. 2006, A Field Guide to Insects and Diseases of California Oaks, “Inonotus dryophilus is one of the most serious pathogens of living oaks in California associated with decline, failure, and mortality”. In this tree, the combined weakened trunk area at the scar combined with the heavy, decayed scaffold branch make this section of the tree likely to fail.

In the upper canopy at approximately 14’ above ground there was another decay cavity in the center of the canopy, where a large scaffold branch had failed many years ago. I suspected advanced decay in the trunk at this location. See Appendix A - Photographs - Photo 9 Advanced Level 3 Inspection -
During the aerial inspection, it was discovered that the opening of the decayed scaffold in the upper canopy was 13” in diameter. The depth of the cavity was 13’2” deep. When the distance to the ground from the outside of the cavity was measured, it was 14’3”, which illustrated that the entire trunk of the tree was hollow. See Appendix A - Photographs – Photos 9 -14.

From the cavity opening, the decay continued upward into the scaffold branch growing east.

This scaffold is very likely to fail due to weak trunk structure. See Appendix A - Photographs – Photo 12.

Based on the decay detected during mallet sounding, I wanted to investigate the extent of the decay further. I performed an advanced inspection for decay using a Resistograph. I took 6 measurements of the wood density of the trunk at 3.5’ above ground unless otherwise indicated.
o Sample 1 – west side of tree. Outer shell thickness was 8” o Sample 2 – south side of tree, 1’ west of decay cavity, outer shell thickness was 8.5” o Sample 3 – south side of tree at decay cavity seam, outer shell thickness was 3” at 3’ above ground.
o Sample 4 – south side of tree, 1’ east of decay cavity, outer shell thickness was 7.25” o Sample 5 – east side of tree, outer shell thickness was 5.5” o Sample 6 – north side of tree, outer shell thickness was 12” I have highlighted the tables below to show how risk was determined for the part or parts of the tree that was being considered regarding failure potential.

I used the International Society of Arboriculture’s Basic Tree Risk Assessment Form to determine risk for this tree.

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8 Part Assessed - Trunk
In Matrix 1 the “Likelihood Matrix” I selected Likelihood of Failure of the trunk as Probable.

The Likelihood of impacting a target in a built environment would be High. The resulting Likelihood of Impact was Likely, which I entered into Matrix 2, the “Risk Rating Matrix” in the Likelihood of Failure and Impact section. Under Consequences of Failure in Matrix 2, I entered Severe. The Likelihood of the Failure and Impact rating combined with the Consequences of Failure resulted in a risk rating of High.

Combined Inspection Results and Risk AssessmentThe highest risk rating for this tree was High and was associated with trunk and scaffold branch failure. Significant decay was detected in the trunk and eastern scaffold branch.

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9 Based on shell strength measurements, and the void caused by decay on the south side of the tree, the trunk is likely to fail due to lack of structural integrity. In regard to the eastern scaffold branch and other decayed branches, they could be removed, and end-weight could be reduced to relieve some stress on remaining scaffold branches. However, the reduction of the canopy would be close to 50% and would compromise the health of the tree. Further, since the trunk is not structurally sound, this negates the mitigation measure.

Mitigation: Remove tree before commencement of construction. No structural support or bracing will help the stability of the tree’s trunk.

Tree 3 – A 47” diameter valley oak was in Very Poor condition. When I sounded the trunk with a rubber mallet, it resounded hollow on the southwest side. A large wound left by a scaffold branch failure in the crown of the tree has since decayed and left a 3’x 4’ hollow at approximately 14’ above ground on the east side of tree. Another decay cavity on the north side of the tree at the same height as the previous, measured approximately 2’ in diameter.

Remaining scaffold was overextended and attached to the decaying trunk. The remaining parts of this tree have a high likelihood of failure. See Appendix A - Photographs – Photos 15 & 16.

Mitigation: Remove tree before commencing project.
• Tree 4 – A 52” diameter valley oak was in Very Poor condition. The tree was growing off-site but had critical root zone (CRZ) and crown encroachments into your proposed construction area.

This tree has had several large scaffold branch failures. At the failure points, significant decay was visible. The remaining scaffolds were overextended and potentially had similar internal decay and had a high likelihood of failure. See Appendix A - Photographs – Photo 17.

Mitigation: I highly recommend removal of this tree due to the advancement of decay in the scaffold branches which is compromising their structural integrity. Crown reduction needed to reduce the risk of scaffold branches failing would take up to 50% of the live canopy and jeopardize the tree’s health. Because this tree is off site, you will need to coordinate with the owner regarding removal.

At minimum this tree should have all overextended branches reduced to help prevent further failures and protect any buildings or other targets you may place on your property within striking distance of the tree. If the owner of the tree chooses to retain it, you will need to design buildings, service and loading zones outside of the CRZ. • Tree 9 – A 51” diameter valley oak was in Very Poor condition. Multiple large scaffold branches had failed. Extensive decay was present at branch failure points. Only 2 overextended scaffold branches remain, and they are connected to a decaying trunk.

When I sounded the trunk with a rubber mallet, it resounded hollow. A 3’ long by 10” wide decay cavity was on the northeast side of trunk. This tree has a high risk of complete failure. See Appendix A - Photographs – Photos 18 & 19.

Mitigation: Remove tree before commencing project.

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10 • Tree 10 – A 51” diameter valley oak was in Good condition. The trunk of the tree resounded solid when sounded with a rubber mallet. Tree form was good, but there was some large dead wood and decaying scaffolds. This tree can be retained, but it should have maintenance pruning performed prior to commencement of your project. See Appendix A - Photographs – Photos 20 & 21.

Mitigation: Reduce end-weight on overextended branches. Remove dead wood 2” diameter and larger. Remove decayed and structurally unsound scaffold branches. • Tree 11 – A 30” diameter valley oak was in Very Poor condition. The tree was in severe decline due to drought stress and root disease. Many of the smaller branches had died. I detected decay at the root crown on the southwest side of the tree. I found an ant nest at the root-crown decay area indicating ants are excavating and nesting in dead roots and root crown.

The dead roots contribute to the decline of the canopy and compromise the stability of the tree.

At least five, 12” average diameter scaffolds had extensive decay on the east side of the tree. To reduce scaffold failure risk, up to 50% of the live canopy would need to be removed, which would compromise the health of and already unhealthy tree. See Appendix A - Photographs – Photos 22-24.

Mitigation: Remove tree prior do commencement of project. • Tree 13 – A 42” diameter valley oak was in Poor condition.

Basic Level 2 Inspection –
The tree had a full canopy with a balanced form. On the south side of the tree at the root crown, there was an area of decay in the underside of one of the anchor roots. Like trees 1 and 2, the decay is likely caused by Armillaria mellea. I also noted the lower trunk was bulging and larger than normal which may indicate butt-rot caused by A. mellea. Further, I observed that the eastern scaffold branch was decayed, and large dead wood was present throughout the canopy.

See Appendix A - Photographs – Photos 25 - 28.

A previous report, by another arborist, expressed concern that a scar at the base of the tree might indicate decay and structural instability. When I sounded the tree’s trunk with a rubber mallet, it resounded solid, except on the north side of the trunk. Due to the difference of opinion regarding the structural integrity of the trunk, I performed an advanced inspection for decay using a Resistograph.

Advanced Level 3 Inspection -
I took 5 measurements of the wood density of the trunk at 3.5’ above ground. o Sample 1 – west side of tree. Outer shell thickness was 7” o Sample 2 – south side of tree. Outer shell thickness was 8.5” o Sample 3 – east side of tree. Outer shell thickness was 8.5” o Sample 4 – east side of tree scarred area on east side of trunk approximately 1’ above ground. Outer shell thickness was 12”.

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11 o Sample 5 – north side of tree. Outer shell thickness was 5” Like Tree 1, the trunk of this tree had advanced internal decay, however when comparing outer shell thickness, this specimen had thicker walls and did not have indications of trunk fibers buckling, therefore its structural integrity is likely stronger.

Tree Risk - I used the International Society of Arboriculture’s Basic Tree Risk Assessment Form to determine the risk. I used Matrix 1 the “Likelihood Matrix” on the form and entered the result into Matrix 2, the “Risk Rating Matrix” to get the overall risk rating.

I have highlighted the tables below to show how risk was determined for the part or parts of the tree that was being considered regarding failure potential.

Part Assessed - Root
In Matrix 1 the “Likelihood Matrix” I selected Likelihood of Failure of the roots as Possible.

The Likelihood of impacting a target in a built environment would be High. The resulting Likelihood of Impact was Somewhat Likely, which I entered into Matrix 2, the “Risk Rating Matrix” for the Likelihood of Failure and Impact section. Under Consequences of Failure in Matrix 2, I entered Severe. The Likelihood of Failure and Impact rating combined with the Consequences of Failure resulted in a risk rating of Moderate.

Part Assessed – Trunk
In Matrix 1 the “Likelihood Matrix” I selected Likelihood of Failure of the scaffold branches as Probable. The Likelihood of impacting a target in a built environment would be High. The resulting Likelihood of Impact was Likely, which I entered into Matrix 2, the “Risk Rating Matrix” for the Likelihood of Failure and Impact section. Under Consequences of Failure in Matrix 2, I entered Severe. The Likelihood of Failure and Impact rating combined with the Consequences of Failure resulted in a risk rating of High.

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12 Part Assessed – Scaffold Branches
In Matrix 1 the “Likelihood Matrix” I selected Likelihood of Failure of the scaffold branches as Probable. The Likelihood of impacting a target in a built environment would be High. The resulting Likelihood of Impact was Likely, which I entered into Matrix 2, the “Risk Rating Matrix” for the Likelihood of Failure and Impact section. Under Consequences of Failure in Matrix 2, I entered Severe. The Likelihood of Failure and Impact rating combined with the Consequences of Failure resulted in a risk rating of High.

Combined Inspections Results and Risk AssessmentThe highest risk rating for this tree was High and was associated with scaffold and trunk failure. I found decay in one anchor root and significant decay was detected in the trunk, however no bulging of trunk fibers was evident. Based on shell strength measurements, the likelihood of trunk failure is probable due to lack of structural integrity. Scaffold failure was also probable.

Risk of root failure remained moderate.

Mitigation:

Mitigations are meant to reduce risk without compromising the health of the tree. Ultimately, the tree manager, owner or other controlling entity must decide if the residual risk assessed is reasonable.

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13 Scaffolds - Reducing the canopy through end weight reduction and removing decayed and branches 2” diameter and larger will relieve some stress on remaining scaffold branches and reduce their risk to Moderate.

Roots - Reducing the canopy through end weight reduction will relieve some stress on roots, however due to the overall weight of the canopy and stem, the risk rating for root failure will remain Moderate.

Trunk - Canopy reduction will relieve some stress on the trunk of the tree, however it will not likely be enough to lower trunk failure risk to moderate. If this tree is to be retained, and the goal is to reduce the risk rating, the only reasonable way to achieve that goal will be to restrict access by installing a permanent fence around it. The fence shall be a minimum of 4.5’ tall and be set at least to the edge of the canopy dripline. Once access is restricted, the risk rating will be Moderate.

Respectfully Submitted,
Rodney D. Thurman
ISA Board Certified Master Arborist PN-2684BUM
ISA Municipal Specialist
ISA Utility Arborist
ISA Tree Risk Assessor Qualification
Appendices: Photographs, Tree Map

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14 Appendix A - Photographs
Photo 1 - View of Tree 1 to south. Note
lean to east.

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15 Photo 2 - Tree 1 with decayed anchor root on southwest side, indicated by arrow. Ink pen provided for scale

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16 Photo 3 - Tree 1 with compression bulge east side of trunk indicated by arrow shows lack of structural support.

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17 Photo 4 - Tree 1 with decay in scaffold branches. indicated by arrows.

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18 Photo 5 - View of Tree 2 to north

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19 Photo 6 - Tree 2 with decay cavity south side of trunk. Length is approximately 5.5’.

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20 Photo 7 - Tree 2 with decay cavity at scaffold union approx. 8’ above ground on southwest side of tree.

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21 Photo 8 - Tree 2 with fungal fruiting body circled and decay in south scaffold branch indicated by arrow.

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22 Photo 9 - Tree 2 with decay cavity formed by failed scaffold circled at center of tree, approximately 14 feet above ground.

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23 Photo 10 - Tree 2 perspective view of decay cavity formed by failed scaffold circled at center of tree. Cavity is circled. Other decay points below the open cavity are indicated by arrows.

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24 Photo 11 - Tree 2 view of decay cavity formed by failed scaffold.

Opening measures 13”

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25 Photo 12 - Tree 2 view of interior decay cavity formed by failed scaffold. Arrow 1 shows depth of cavity down to roots of tree.

Arrow 2 shows decay that has advanced into eastern scaffold branch.
#2
#1

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26 Photo 13 - Tree 2 measurement of
interior depth of decay cavity formed by
failed scaffold. 13’ 2”
Photo 14 - Tree 2 measurement of
exterior depth of decay cavity formed by
failed scaffold. 14’ 3”

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27 Photo 15 - View of Tree 3 to north. Overextended scaffold to west. Large decay cavity at connection to trunk.

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28 Photo 16 - Tree 3 with large decay cavity at scaffold connection to trunk.

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29 Photo 17 - View of Tree 4 with to northwest. Numerous failed scaffold branches due to overextension and internal decay.

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30 Photo 18 - View of Tree 9 to north. Numerous failed scaffold branches due to overextension and internal decay.

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31 Photo 19 - Tree 9 close-up of failed scaffold branch with internal decay.

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32 Photo 20 - View of Tree 10 to south.

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33 Photo 21 - Tree 10 with decayed scaffold branch indicated by yellow arrows.

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34 Photo 22 - View of Tree 11 to north. At least 5 decayed scaffold branches would be removed which would reduce the tree at least 50%. Arrows indicate branch removal points.

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35 Photo 23 - Tree 11 close up of declining canopy, decayed branches, and dead wood indicated by arrows.

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36 Photo 24 - Tree 11 close up of root crown decay at southwest side of tree indicated by yellow arrow. Ant nest discovered here which indicates dead and rotting wood.

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37 Photo 25 - View of Tree 13 to north. Note overextended scaffold branches indicated by arrows.

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38 Photo 26 - Tree 13 with root decay cavity on south side of tree indicated by arrow.

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39 Photo 27 - Tree 13 with bulging root-crown indicating possible butt-rot.

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40 Photo 28- Tree 13 with decaying scaffold branch east side of canopy indicated by arrow. Line indicates locations for removal

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41 Photos 29 & 30 - Example of oak tree that failed due to root and butt-rot. Photo 29 shows failed roots. Photo 30 shows internal decay of trunk.

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42 Appendix B – Tree Map
Tree Locations Map – Red = removals, Green = retain and protect, Dashed line delineates property boundaries.
2 1 9
10 13
3 11
4 Home

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Attachment 9
RESOLUTION 23-XXX (C)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES APPROVING VESTING TENTATIVE TRACT MAP PR 22-0054
2930 UNION ROAD, APN: 025-362-043
APPLICANT – COVELOP/MD3
WHEREAS, the City of Paso Robles has received applications from Kirk Consulting on behalf of Covelop/MD3, requesting a commercial subdivision, development plan, conditional use permit, and oak tree removal permit, to develop an approximate 14-acre site with six (6) commercial/light industrial buildings totaling 240,327± square feet; and
WHEREAS, the Project will require the following entitlements: Planned Development PD 22-20, Oak Tree Removal 23-11 for six (6) native oak trees, and Vesting Tentative Parcel Map PR 22-0054, and Conditional Use Permit 23-14; and
WHEREAS, the site has a General Plan land use designation of Commercial Service (CS) and is in the Commercial Light-Industrial zoning district, Planned Development zoning overlay (C3-PD); and WHEREAS, Vesting Tentative Parcel Map PR 22-0054 would subdivide Parcel 6, which is currently 6.76 (net) acres, into two parcels where Parcel A would be 4.03 acres and Parcel B would be 2.73 acres. Existing Lot 13 is approximately 7 acres and while included as part of the development plan, is not included in the subdivision; and
WHEREAS, commercial and light-industrial uses, included warehousing, are allowed uses in the C3-PD zoning district and are not considered detrimental to the City’s efforts to revitalize the downtown; and WHEREAS, this project is located in the geographic area east of Golden Hill Road, south of Union Road and Highway 46 East, and is subject to Zoning Code Section 21.13.030F, to ensure the project is designed in a manner that is compatible with the neighboring land uses, including the residentially zoned property to the south of Lot 13; and
WHEREAS, the purpose and intent of the planned development (PD) district zoning overlay is to provide for innovation and flexibility in the design of residential, commercial, and industrial developments. Approval of a development plan is required for all development in the planned development (overlay) district; and WHEREAS, pursuant to the Statutes and Guidelines of the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et seq., and the City’s Procedures for Implementing CEQA, an Initial Study and a Draft Mitigated Negative Declaration (MND) SCH 2023090132 were prepared circulated for a 30-day public review period beginning on September 11, 2023 and October 10, 2023, and notice was provided by: (1) filing a Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) with the State Clearinghouse; (2) filing an NOI with the San Luis Obispo County Clerk; (3) placing an NOI in the Tribune Newspaper, a newspaper of general circulation; (4) mailing the NOI to various interested persons, agencies, and tribes; and (5) posting the NOI on the City website; and WHEREAS, the Development Review Committee (DRC) reviewed the design of the project at their meeting on July 31, 2023, where they were in favor of the project and recommended that the project be scheduled before

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Attachment 9
the Planning Commission for review. The DRC requested more detailed information related to internal pedestrian connectivity, truck turning movements, and additional perspective views of buildings would be helpful for the Planning Commission to review; and
WHEREAS, a public hearing was conducted by the Planning Commission on October 10, 2023 to consider the Final MND and the MMRP prepared for the proposed project, and to accept public testimony and written comments on the Development Plan, Oak Tree Removal Permit, Vesting Tentative Parcel Map, and Conditional Use Permit; at the close of this public hearing, the Planning Commission recommended, on a 5-0 vote (two Commissioners were absent), that the City Council adopt the MND, the MMRP, and the proposed Project with the addition of conditions of approval to address the APCD letter; and WHEREAS, a public hearing was conducted by the City Council on November 7, 2023 to consider the Final MND and MMRP prepared for the proposed project, and to accept public testimony on the Development Plan, Oak Tree Removal Permit, Vesting Tentative Parcel Map, and Conditional Use Permit.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

Section 1: Recitals. All of the above recitals are true and correct and incorporated herein by reference.

Section 2: Findings. Based upon the facts and analysis presented in the staff report, public testimony received, and subject to the conditions listed below, the City Council makes the following findings:

1. The proposed subdivision is designed, to the extent feasible, to provide for passive or natural heating or cooling opportunities because both lots are substantial in size and provide opportunities for the building to be designed in a manner that achieves passive heating or cooling. All buildings will be required to meet the energy efficiency requirements of the California Building Codes for commercial, light industrial and warehouse type buildings.

2. The subdivision and the provisions for its design and improvement are consistent with the general plan for the City of El Paso de Robles ("General Plan"), and the City of El Paso de Robles zoning ordinance (“Zoning Ordinance”), because:
a. The Tentative Tract Map provides for land uses compatible with the commercial lightindustrial land use classifications, and the provisions for design and improvements promote the goals and objectives of the General Plan because it provides for two large parcels that can accommodate campus-like industrial development in an area for attractive businesses and industries; and
b. The Tentative Tract Map provides for land uses compatible with the C3-PD zoning district, and the provisions for design and improvements comply with the implementation policies and objectives of the Zoning Ordinance because the proposed parcels meet the minimum lot size requirement and would not create any lots without street frontage.

3. The subject site is physically suitable for the type and density of development proposed in the Tentative Tract Map because the resulting parcels would meet the minimum lot size requirement of the zoning district.

4. The subdivision design and improvements proposed in the Tentative Tract Map are not likely to cause substantial environmental damage nor substantially injure fish or wildlife or their habitat because there are no significant drainage features, riparian habitat, or wetlands that were observed on the site.

5. The subdivision design and type of improvements proposed in the Tentative Tract Map are not likely to cause serious public health problems because all development and public improvements

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Attachment 9
will be performed per the requirements of all applicable standards and codes, including the zoning and building codes.

6. The subdivision design and type of improvements proposed in the Tentative Tract Map will not conflict with easements acquired by the public at large for access through or use of the subject site because the tract map acknowledges existing easements for road purposes.

7. As conditioned, the design of lots, streets, open space, drainage, sewers, water, and other improvements is consistent with the General Plan, the Zoning Ordinance since the map requires all utilities including sewer and water to be extended to serve all parcels.

8. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Map will not cause a violation of existing requirements prescribed by the local water quality control board because all buildings within the subdivision will be required to hook up to the existing public sewer system that exists in the streets adjacent to this project.

Section 3: Environmental Determination. In accordance with the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA”), and the regulations promulgated thereunder (14 Cal. Code of Regulations §§ 15000 et seq., the “CEQA Guidelines), the City prepared an Initial Study/Mitigated Negative Declaration (SCH #2023090132) (“MND”) that analyzed the proposed Project’s environmental impacts. The MND was made available to the public for review from September 11, 2023 through October 10, 2023. On October 10, 2023, the City Council conducted a duly noticed public hearing and considered the entire administrative record (as of that date), including staff reports, the MND, MMRP, and oral and written testimony from interested persons, all of whom were given an opportunity to be heard. Resolution No. 2023-__ recommends adoption of the MND and MMRP, and, among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in Resolution 2023-__, including the MND, as if fully set forth herein.

Section 4: Recommendation for Approval. The City Council approves Vesting Tentative Tract Map PR 22-0054, subject to the following:

EXHIBIT DESCRIPTION
A Site-Specific Conditions of Approval
B Standard Conditions of Approval
C Vesting Tentative Parcel Map PR 22-0022
APPROVED this 7th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

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City Council Agenda November 7, 2023
Exhibit A
Site Specific Conditions of Approval – VTTM 22-0054
Planning Division Conditions:

1. The applicant/developer shall comply with the checked standard Conditions of Approval, “Exhibit B” of Resolution 23-_____.

NOTE: In the event of conflict or duplication between standard and site-specific conditions, the site-specific condition shall supersede the standard condition.

2. The project shall be constructed in substantial conformance with the Conditions of Approval established by Resolution 23-______ and it shall be constructed in substantial conformance with the following Exhibits:

EXHIBITDESCRIPTION
A Site-Specific Conditions of Approval
B Standard Conditions of Approval
C Tentative Tract Map

3. Vesting Tentative Parcel Map PR 22-0054 allows for the subdivision of Parcel 6, into two parcels where Parcel A would be 4.03 acres and Parcel B would be 2.73 acres. Existing Lot 13 is approximately 7-acres and is included as part of the development plan, and is not included in the subdivision.

4. Approval of this project is valid for a period of two (2) years from date of City Council approval.

Unless construction permits have been issued and site work has begun, the approval of Planned Development 22-20 shall expire on ____________. The Planning Commission may extend this expiration date if a Time Extension application has been filed with the City along with the fees before the expiration date.

Engineering Division Conditions:

1. The applicant shall offer to dedicate a 30’ right of way for roadway purposes for Ardmore Road from centerline of street across the project northerly frontage. TIMING: Prior to final map recordation

2. The applicant shall provide a 10’ public utility easement on the southerly side of the right of way for Ardmore Road across the project northerly frontage. TIMING: Prior to final map recordation

3. The applicant shall offer to dedicate a 60’ right of way for roadway purposes for Street “A” as shown on the vesting tentative parcel map. TIMING: Prior to prior to final map recordation

4. The applicant shall provide a 10’ public utility easement on both sides of the right of way offered for Street “A”, as shown on the vesting tentative parcel map. TIMING: Prior to final map recordation

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Exhibit A

5. The applicant shall grant the City an Avigation Easement across all parcels in a form acceptable to the City Engineer. TIMING: Prior to final map recordation

6. Public Storm Drain easements across Lot 13 – Not a part of the tentative parcel Map. TIMING:

Prior to final map recordation

7. Reciprocal drainage easement on northerly side of Lot 13 – Not a part of the tentative parcel Map. TIMING: Prior to final map recordation

8. Reciprocal access easements on the northerly side of Parcel 13 – Not a part of the tentative parcel Map. TIMING: Prior to final map recordation

9. Temporary grading easement on the northerly side of Lot 13 – Not a part of the tentative parcel Map. TIMING: Prior to final map recordation

10. The applicant shall construct Ardmore Road along the northerly project frontage to provide a 40-foot curb to curb section, with sidewalk adjacent to back of curb except at driveway approaches. TIMING: Prior to acceptance of improvements

11. The applicant shall construct Street “A” to provide a 40-foot curb to curb section, with sidewalk adjacent to back of curb except at driveway approaches. TIMING: Prior to acceptance of improvements.

12. The applicant shall install public improvements including, but not limited to, curbs, gutters, sidewalks, curb ramps, driveway approaches, streetlights, traffic signage, pavement markings, street signs, and barricades in accordance with City Engineering Standards or as modified on the vesting tentative parcel map. TIMING: Prior to acceptance of improvements.

13. The applicant shall enter into an agreement with the City of Paso Robles to maintain bioretention basins within the Ardmore Road and Street “A” rights of way in perpetuity, as shown on the vesting tentative parcel map. This agreement will be required prior to acceptance of improvements.

14. The applicant shall mitigate additional storm water runoff generated by this project, including off-site improvements. Appropriate drainage facilities shall be designed in accordance with current City Standards. TIMING: Prior to grading final inspection

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City Council Agenda November 7, 2023

CITY OF EL PASO DE ROBLES

STANDARD DEVELOPMENT CONDITIONS
Development Plan – PD22-20 Conditional Use Permit – CUP 23-14 Tentative Parcel Map Tentative Tract Map VTTM 22-0054
Approval Body: City Council Date of Approval:

Applicant: Covelop/MD3 Location: 2930 Union Road
APN: 025-362-043
The following conditions that have been checked are standard conditions of approval for the above referenced project. The checked conditions shall be complied with in their entirety before the project can be finalized, unless otherwise specifically indicated. In addition, there may be site specific conditions of approval that apply to this project in the resolution.

COMMUNITY DEVELOPMENT DEPARTMENT - The applicant shall contact the Community Development Department, (805) 237-3970, for compliance with the following conditions:

A. GENERAL CONDITIONS – PD/CUP:

1. This project approval shall expire on _TBD_____________unless a time extension request is filed with the Community Development Department, or a State mandated automatic time extension is applied prior to expiration.

2. The site shall be developed and maintained in accordance with the approved plans and unless specifically provided for through the Planned Development and/or Conditional Use Permit process shall not waive compliance with any sections of the Zoning Code, all other applicable City Ordinances, and applicable Specific Plans.

3. To the extent allowable by law, Owner agrees to hold City harmless from costs and expenses, including attorney’s fees, incurred by City or held to be the liability of City in connection with City’s defense of its actions in any proceeding brought in any State or Federal court challenging the City’s actions with respect to the project.

Owner understands and acknowledges that City is under no obligation to defend any legal actions challenging the City’s actions with respect to the project.

4. Any site-specific condition imposed by the City Council in approving this project (PD 22-20) may be modified or eliminated, or new conditions may be added, provided that the Planning Commission shall first conduct a public hearing in the same manner as required for the approval of this project. No such modification shall be made unless the Commission finds that such modification is necessary to protect the public interest and/or neighboring properties, or, in the casof deletion of an existing Exhibit B

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City Council Agenda November 7, 2023
condition, that such action is necessary to permit reasonable operation and use for this approval.

5. The site shall be kept in a neat manner at all times and the landscaping shall be continuously maintained in a healthy and thriving condition.

6. All signs shall be subject to review and approval as required by Municipal Code Section 21.19 and shall require a separate application and approval prior to installation of any sign.

7. Prior to the issuance of a Building Permit, a landscape and irrigation plan consistent with the Landscape and Irrigation Ordinance, shall be submitted for City review and approval. The plan needs to be designed in a manner that utilizes drought tolerant plants, trees and ground covers and minimizes, if not eliminates the use of turf. The irrigation plan shall utilize drip irrigation and limit the use of spray irrigation. All existing and/or new landscaping shall be installed with automatic irrigation systems.

8. A reciprocal parking and access easement and agreement for site access, parking, and maintenance of all project entrances, parking areas, landscaping, hardscape, common open space, areas and site lighting standards and fixtures, shall be recorded prior to or in conjunction with the Final Map. Said easement and agreement shall apply to all properties, and be referenced in the site Covenants, Conditions and Restrictions (CC&Rs).

9. All outdoor storage shall be screened from public view by landscaping and walls or fences per Section 21.21.110 of the Municipal Code.

10. For commercial, industrial, office or multi-family projects, all refuse enclosures are required to provide adequate space for recycling bins. The enclosure shall be architecturally compatible with the primary building. Gates shall be view obscuring and constructed of durable materials. Check with Paso Robles Waste Disposal to determine the adequate size of enclosure based on the number and size of containers to be stored in the enclosure.

11. For commercial, industrial, office or multi-family projects, all existing and/or new ground-mounted appurtenances such as air-conditioning condensers, electrical transformers, backflow devices etc., shall be screened from public view through the use of decorative walls and/or landscaping subject to approval by the Community Development Director or his designee. Details shall be included in the building plans.

12. All existing and/or new roof appurtenances such as air-conditioning units, grease hoods, etc. shall be screened from public view. The screening shall be architecturally integrated with the building design and constructed of compatible materials to the satisfaction of the Community Development Director or his designee. Details shall be included in the building plans.

Exhibit B

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13. All existing and/or new lighting shall be shielded so as to be directed downward in such a manner as to not create off-site glare or adversely impact adjacent properties.

The style, location and height of the lighting fixtures shall be submitted with the building plans and shall be subject to approval by the Community Development Director or his designee.

14. All walls/fences and exposed retaining walls shall be constructed of decorative materials which include but are not limited to splitface block, slumpstone, stuccoed block, brick, wood, crib walls or other similar materials as determined by the Development Review Committee, but specifically excluding precision block.

16. It is the property owner’s responsibility to ensure that all construction of private property improvements occur on private property. It is the owner’s responsibility to identify the property lines and ensure compliance by the owner’s agents.

17. Any existing Oak trees located on the project site shall be protected and preserved as required in City Ordinance No.835 N.S., Municipal Code No. 10.01 “Oak Tree Preservation”, unless specifically approved to be removed. An Oak tree inventory shall be prepared listing the Oak trees, their disposition, and the proposed location of any replacement trees required. In the event an Oak tree is designated for removal, an approved Oak Tree Removal Permit must be obtained from the City, prior to removal.

18. No storage of trash cans or recycling bins shall be permitted within the public rightof-way.

19. Prior to recordation of the map or prior to occupancy of a project, all conditions of approval shall be completed to the satisfaction of the City Engineer and Community Developer Director or his designee.

20. Two sets of the revised Planning Commission approved plans incorporating all Conditions of Approval, standard and site specific, shall be submitted to the Community Development Department prior to the issuance of building permits.

21. Prior to the issuance of building permits, the
Development Review Committee shall approve the following:

Planning Division Staff shall approve the following:
a. A detailed site plan indicating the location of all structures, parking layout, outdoor storage areas, walls, fences, light fixtures and trash enclosures;
b. A detailed landscape plan;
c. Detailed building elevations of all structures indicating materials, colors, and architectural treatments;
d. Other:

B. GENERAL CONDITIONS – TRACT/PARCEL MAP:

Exhibit B

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1. In accordance with Government Section 66474.9, the subdivider shall defend, indemnify and hold harmless the City, or its agent, officers and employees, from any claim, action or proceeding brought within the time period provided for in Government Code section 66499.37, against the City, or its agents, officers, or employees, to attack, set aside, void, annul the City's approval of this subdivision.

The City will promptly notify subdivider of any such claim or action and will cooperate fully in the defense thereof.

2. The Covenants, Conditions, and Restrictions (CC&Rs) and/or Articles Affecting Real Property Interests are subject to the review and approval of the Community Development Department, the Public Works Department and/or the City Attorney.

They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the affected City Departments.

3. The owner shall petition to annex residential Tract (or Parcel Map)________ into the City of Paso Robles Community Facilities District No. 2005-1 for the purposes of mitigation of impacts on the City’s Police and Emergency Services Departments.

4. Street names shall be submitted for review and approval by the Planning Commission, prior to approval of the final map.

5. The following areas shall be permanently maintained by the property owner, Homeowners’ Association, or other means acceptable to the City:
________________________________________________________ ****************************************************************************** ENGINEERING DIVISION- The applicant shall contact the Engineering Division, (805) 237- 3860, for compliance with the following conditions:

All conditions marked are applicable to the above referenced project for the phase indicated.

C. PRIOR TO ANY PLAN CHECK:

1. The applicant shall enter into an Engineering Plan Check and Inspection Services Agreement with the City.

D. PRIOR TO ISSUANCE OF A GRADING PERMIT:

1. Prior to approval of a grading plan, the developer shall apply through the City, to FEMA and receive a Letter of Map Amendment (LOMA) issued from FEMA. The developer's engineer shall provide the required supporting data to justify the application.

2. Any existing Oak trees located on the project site shall be protected and preserved as required in City Ordinance No. 553, Municipal Code No. 10.01 "Oak Tree Exhibit B

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Preservation", unless specifically approved to be removed. An Oak tree inventory shall be prepared listing the Oak trees, their disposition, and the proposed location of any replacement trees required. In the event an Oak tree is designated for removal, an approved Oak Tree Removal Permit must be obtained from the City, prior to its removal.

3. A complete grading and drainage plan shall be prepared for the project by a registered civil engineer and subject to approval by the City Engineer. The project shall conform to the City’s Storm Water Discharge Ordinance.

4. A Soils and/or Geology Report providing technical specifications for grading of the site shall be prepared by a Geotechnical Engineer.

5. A Storm Water Pollution Prevention Plan per the State General Permit for Storm Water Discharges Associated with Construction Activity shall be provided for any site that disturbs greater than or equal to one acre, including projects that are less than one acre that are part of a larger plan of development or sale that would disturb more than one acre.

E. PRIOR TO ISSUANCE OF A BUILDING PERMIT:

1. All off-site public improvement plans shall be prepared by a registered civil engineer and shall be submitted to the City Engineer for review and acceptance. The improvements shall be designed and constructed to the City Standard Details and Specifications or as approved by the City Engineer.

2. The applicant shall submit a composite utility plan signed as approved by a representative of each public utility.

3. Landscape and irrigation plans for the public right-of-way shall be incorporated into the improvement plans and shall require approval by the Parks/Facilities Maintenance Supervisor and the Community Development Department.

4. In a special Flood Hazard Area as indicated on a Flood Insurance Rate Map (FIRM) the owner shall provide an Elevation Certificate in accordance with the National Flood Insurance program. This form must be completed by a land surveyor or civil engineer licensed in the State of California.

F. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY OR RECORDATION OF THE FINAL MAP:

The Planning Commission has made a finding that the fulfillment of the construction requirements listed below are a necessary prerequisite to the orderly development of the surrounding area.

1. The applicant shall pay any current and outstanding fees for Engineering Plan Checking and Construction Inspection services.

Exhibit B

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2. All public improvements are completed and approved by the City Engineer, and accepted by the City Council for maintenance.

3. The owner shall offer to dedicate and improve the following street(s) to the standard indicated:

Street Name City Standard Drawing No.

Ardmore Road Modified A-4
“A” Street Modified A-4

4. If, at the time of approval of the final map, any required public improvements have not been completed and accepted by the City the owner shall be required to enter into a Subdivision Agreement with the City in accordance with the Subdivision Map Act.

Bonds required and the amount shall be as follows:

Performance Bond...............100% of improvement costs.

Labor and Materials Bond........50% of performance bond.

5. If the existing City street adjacent to the frontage of the project is inadequate for the traffic generated by the project, or will be severely damaged by the construction, the applicant shall excavate the entire structural section and replace it with a standard half-width street plus a 12' wide travel lane and 8' wide graded shoulder adequate to provide for two-way traffic.

6. If the existing pavement and structural section of the City street adjacent to the frontage of the project is inadequate, the applicant shall provide a new structural section from the proposed curb to the edge of pavement and shall overlay the existing paving to centerline for a smooth transition.

7. Due to the number of utility trenches required for this project, the City Council adopted Pavement Management Program requires a pavement overlay on _________________ along the frontage of the project.

8. The applicant shall install all utilities. Street lights shall be installed at locations as required by the City Engineer. All existing overhead utilities adjacent to or within the project shall be relocated underground except for electrical lines 77 kilovolts or greater. All utilities shall be extended to the boundaries of the project.

9. The owner shall offer to dedicate to the City the following easement(s). The location and alignment of the easement(s) shall be to the description and satisfaction of the City Engineer:
a. Public Utilities Easement;
b. Water Line Easement;
Exhibit B

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City Council Agenda November 7, 2023
c. Sewer Facilities Easement;
d. Landscape Easement;
e. Storm Drain Easement.

10. The developer shall annex to the City's Landscape and Lighting District for payment of the operating and maintenance costs of the following:
a. Street lights;
b. Parkway/open space landscaping;
c. Wall maintenance in conjunction with landscaping;
d. Graffiti abatement;
e. Maintenance of open space areas.

11. For a building with a Special Flood Hazard Area as indicated on a Flood Insurance Rate Map (FIRM), the developer shall provide an Elevation Certificate in accordance with the National Flood Insurance Program. This form must be completed by a lands surveyor or civil engineer licensed in the State of California.

12. All final property corners shall be installed prior to final occupancy.

13. All areas of the project shall be protected against erosion by hydro seeding or landscaping.

14. All construction refuse shall be separated (i.e. concrete, asphalt concrete, wood gypsum board, etc.) and removed from the project in accordance with the City's Source Reduction and Recycling Element.

15. Electronic record drawings, signed by the engineer of record, shall be provided to the City Engineer prior to the final inspection. An electronic autocad drawing file registered to the California State Plane – Zone 5 / NAD83 projected coordinate system, units in survey feet, shall also be provided.
****************************************************************************** Exhibit B

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CITY OF EL PASO DE ROBLES

STANDARD DEVELOPMENT CONDITIONS
Project:

Planning Number: Date:

The following are standard conditions of approval for the above referenced project. The checked conditions shall be complied with in their entirety before the project can be finalized, unless otherwise specifically indicated. In addition, there may be site specific conditions of approval that apply to this project in the resolution. The Project Conditions of Approval do not include all mandatory code requirements. Code compliance will be verified throughout the project which may include additional requirements applicable to your project. Referenced standards include the adopted current code cycle for the California Building Code (CBC), California Fire Code (CFC), Paso Robles Municipal Code (PRMC), and the Paso Robles Standard Details and Specifications.

Applicant shall contact PRFES, (805) 227-7560, for compliance with the following conditions:

G. GENERAL CONDITIONS

1. Prior to the start of construction:

Plans shall be reviewed, approved, and permit issued by PRFES for Underground Fire Line (underground fire line shown on any civil set is for reference only and shall indicate so on each civil page).

Applicant shall provide documentation to PRFES that required fire flows can be provided to meet project demands. Refer to CFC Appendix B.

Exhibit B
Covelop P22-0123 10/04/2023 ✔
✔
✔

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City Council Agenda November 7, 2023

2. Prior to delivery of combustible materials:

Fire hydrants shall be installed and operative to current, adopted edition of the CFC. Refer to CFC Appendix C & CC.

Fire Department Connections (FDC) shall be located on the addressed side of the building and within 150 feet of a fire hydrant, and must not block collector or arterial roadways. Refer to PRMC.

An all-weather access road sufficient to support fire apparatus weighing up to 75,000 lbs. shall be constructed and maintained for the duration of the construction phase of the project. Refer to CFC Appendix D.

Access roads shall be at least 20’ in width with at least 13’ 6” of vertical clearance. All driveway and access roads shall be 10% or less in slope unless approved by PRFES. Refer to CFC Appendix D.

Truck access road shall be minimum 26’ in width with at least 13’ 6” of vertical clearance. Minimum set-back 15’, maximum 30’. Refer to CFC Appendix D.

Provide temporary turn-around for phased construction streets that exceed 150’ in length. Refer to Paso Robles Standard Details and Specifications.

Project shall provide a secondary access fire road approved by PRFES. Refer to CFC Appendix D.

Exhibit B
✔
✔
✔
✔
✔

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City Council Agenda November 7, 2023

3. Provide on address side of building if applicable:

Fire alarm annunciator panel location to be approved by PRFES.

Knox Box key entry box or system.

FDC location and access path must be approved by PRFES.

Minimum 6” high, contrasting background address numbers with location, size, and contrast to be approved by PRFES.

6. Motorized Gates blocking fire access require a separate PRFES permit, must include PRFES Knox Key Switch access (not CALFIRE), and meet CFC requirements. Refer to CFC Appendix D.

Exhibit B
✔
✔
✔
✔
✔

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City Council Agenda November 7, 2023

7. Provide permanent turn-around for driveway/access roads that exceed 150’ in length. See Paso Robles Standard Details and Specification Standard.

8. Fire extinguisher placement shall be approved by PRFES.

9. Landscape plant selections shall be fire resistive within 30’ of structures.

10. Landscape trees (including potential crown at maturity) must not project into required vertical clearance of the fire access lanes.

11. Project shall comply with all requirements in current, adopted edition of CFC and PRMC.

12. Prior to the issuance of Certificate of Occupancy:

Final inspections shall be completed on all underground fire lines, fire sprinkler systems, fire alarm systems and chemical hood fire suppression systems.

A site pre-fire plan shall be submitted and approved by the Fire Marshal. Contact the Paso Robles Fire Prevention Office for the exact requirements.

A Final Fire Walk-through inspection shall be completed on all buildings.

Additional Notes:

Exhibit B
✔
✔
✔
✔
✔
✔

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GAS GAS GAS GAS GAS
815
81 820
820
820
820
825
825
825
825
825
825
825
825
830 830 830 830 835 835
830
827 828 829
831
831
832
832
825
830
827
828
829
829
833
832
830 829828
829
829
828
827
826
830

WL WL WL WL WL WL WL
CO

GAS GAS GAS GAS GAS GAS GAS

UTL UTL UTL UTL UTL UTL
833
831
GA
823
820
820
825
830
825
CO
825

30.00' OFFER OF

DEDICATION FOR

ROAD PURPOSES

30.00' PROPOSED OFFER OF

DEDICATION OF ROAD PURPOSES
(PER SEPARATE DOCUMENT)

EXISTING GROSS

7.54 AC

PARCEL B
118773.33 SF

2.73 AC

DEDICATION FOR

30.00' OFFER OF

ROAD PURPOSES
N 88°08'05" W 159.97'
S 1°46'02" W 229.58'
S 1°51'55" W 187.04'
N 1°51'56" E 660.02' TRACT BOUNDARY
S 88°52'18" E 496.15' TRACT BOUNDARY
N 88°54'03" W 498.96' TRACT BOUNDARY
S 1°37'19" W 659.73' TRACT BOUNDARY
N 88°08'05" W 132.02'
S 1°51'55" W 10.18'
N 88°08'05" W 62.48'
113.01'
S1°36'50"W 422.07'
S53°54'55"E 26.41'
S88°52'17"E 444.50'
S1°38'23"W 192.55'
385.95'

PARCEL A
175717.95 SF

4.03 AC

10.00' STORM DRAIN EASEMENT
EASEMENT NOTE:

PRIVATE RECIPROCAL VEHICULAR ACCESS, RECIPROCAL PEDESTRIAN ACCESS,

RECIPROCAL PARKING, STORM DRAIN & DRAINAGE EASEMENTS AND PUE OVER ALL

OF PARCELS A & B, INCLUSIVE, EXCLUDING BUILDING LOCATIONS FOR THE USE AND BENEFIT OF THE PRESENT AND FUTURE PARCEL OWNERS OF PARCELS A & B.

SURVEY NOTES:

1. BOUNDARY AND TOPOGRAPHY BY TUCKER J. SANDERS AT NORTH COAST ENGINEERING.

DRAWING NO.

DATE:DRAWN BY:JOB #:

OF
®

DATE SIGNEDSIGNATURE
These plans and specifications, and the ideas and
designs incorporated herein, are instruments ofservice prepared for the construction of work shown hereon and shall not be used in whole or in part for
any other project without written authority of Wallace
Group, a California Corporation.

Copyright © 2023 Wallace Group, a California
Corporation. All rights reserved. Copies of this
drawing shall have this notice.
1 2 3 4 5
1 2 3 4 5
C
D
B
A
0 1 2 3
SHEET
FILE NAME: 0751-0005 TENT PMAP.DWG Plot Date: 7/26/2023 Ardmore Industrial
Vesting Tentative Parcel Map No. PR-22-0054
0751.0005TZ-GMRMS07/26/2023
T1.0
1 ARDMORE ROAD
(IN FEET)

GRAPHIC SCALE
40 80
1 IN = 40 FT
0 20
46 101

CITY LIMITS

PROJECT
SITE
CITY of El PASO de ROBLES
VICINITY MAP:

UTILITIES:

WATER: City of El Paso de Robles
SEWER: City of El Paso de Robles
ELECTRICITY: PG&E
GAS: SOUTHERN CALIFORNIA GAS Co.

TELEPHONE: AT&T
CABLE TV: CHARTER COMMUNICATIONS
LEGAL DESCRIPTION:PARCEL INFORMATION:

Address: 2930 Union Rd, Paso Robles CA 93446Assessor's Parcel Number: A portion of 025-362-043 Existing Lot 6 Gross Lot Area: 7.54 Acres -ExistingNet Lot Area: 6.76 Acres -ProposedNumber of New Parcels: 2 Parcels Parcel A Parcel Area: 4.03 Acres
Parcel B Parcel Area: 2.73 Acres
PROJECT INFORMATION:

Being a subdivision of Lot 6 of Golden Hills Orchard Tract in the County of San Luis Obispo, State of California, as shown on map recorded in Book 2, Page 50 of Maps, in the office of the County Recorder of said County, State of California, being 7.54 gross acres.

LEGEND:

PROPOSED PUBLIC STREET OFFER OF DEDICATION.PROPOSED OFFER OF DEDICATION OF ROAD PURPOSES (PER SEPARATE DOCUMENT).

LOT 13 GOLDEN HILLS ORCHARDS TRACT APN 025-362-043
PARCEL 2 82 PM 86 APN 025-362-045 LOT 7 GOLDEN HILLS ORCHARDS TRACT APN 025-362-040 PARCEL C O.R. 00-012192 APN 025-362-037 PARCEL B O.R. 00-012193 APN 025-362-036 LOT 3 - GOLDEN HILLS ORCHARDS TRACT - APN 025-362-043 LOT 6 GOLDEN HILLS ORCHARDS TRACT APN 025-362-043

41.00' Existing Road Section

30.00' 10.00' 10.00' 5.00' 5.00'

60.00'

5.00' 5.00' 20.00' 20.00' 5.00' 5.00'

ARDMORE ROAD STREET SECTION

NEW ROAD STREET SECTION

ARDMORE EXTENSION

60.00'
BIOSWALE1.00'
R/W

R/W R/WR/W
CLCL

20.00' 5.00'

10.00' PUE

10.00'
PUE

PARCEL A PARCEL B
10' WIDE DRAINAGE EASEMENT
PER 82 PM 86
15' WIDE ACCESS EASEMENT
PER 144 DEEDS 138PER 82/PM/86

40.00'

RECIPROCAL
ACCESS

EASEMENT

20.00' 20.00'

35.00'

RECIPROCAL DRAINAGE

EASEMENT

BY SEPARATE DOCUMENT

15.00' 20.00' TEMPORARY GRADING EASEMENT BY SEPARATE DOCUMENT BIOSWALE
BIOSWALE

BY SEPARATE DOCUMENT

BY SEPARATE

DOCUMENT
Attachment 9 Exhibit
C

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AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 18693 482945 Print Legal Ad-IPL01452330 - IPL0145233 2390 Union Road $230.04 2 53 L Attention: Vikki Kuntz
City of Paso Robles 893989
1000 SPRING ST.

PASO ROBLES, CA 93446
[email protected]
In The Superior Court of The State of California
In and for the County of San Luis Obispo
1 insertion(s) published on:
10/27/23
Legals Clerk

STATE OF TEXAS)
SS
County of Dallas)
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above entitled matter; I am now, and at all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of The Tribune, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that
notice at which the annexed clippings is a true copy, was published in the above-named newspaper and not in
any supplement thereof - on the following dates to wit; From 10/27/2023 To 10/27/2023 that said newspaper was
duly and regularly ascertained and established a
newspaper of general circulation by Decree entered in
the Superior Court of San Luis Obispo County, State of
California, on June 9, 1952, Case #19139 under the Gover I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!
Attachment 10

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City Council Agenda November 7, 2023

CITY OF EL PASO DE ROBLES
“The Pass of the Oaks”
1000 SPRING STREET • PASO ROBLES, CALIFORNIA 93446 • www.prcity.com

AFFIDAVIT

OF MAIL NOTICES

CITY COUNCIL NOTICING
I, Marci Reynoso , employee of the City of El Paso de Robles, California, do hereby certify that the mail notices have been processed as required for the November 7, 2023 public hearing for CUP22- 21, PD22-20, P22-0123 on this 25th day of October, 2023.

City of El Paso de Robles
Community Development Department
Planning Division
Signed:

Marci Reynoso
Attachment 11

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City Council Agenda November 7, 2023
Council Agenda Report
From: Kirk Gonzalez, Utilities Engineering Manager
Subject: Approval of a Master Services Agreement for Advanced Metering Infrastructure Data Management System
CEQA Determination: The City finds that this action is exempt from review under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15301(b).

Date: November 7, 2023
Facts

1. The City provides water and wastewater service for all homes, businesses, and institutions in the City.

Potable water is delivered to the City’s water customers through approximately 10,940 metered service connections.

2. The City’s water and wastewater charges are based on actual water consumption. Therefore, the City relies on accurate and timely water meter reading information for billing and collection of approximately $28 million in annual revenue.

3. The City currently uses a third-party vendor to manually read customer’s water meters. Significant delays in meter reading have caused customer frustration and confusion regarding billings for water and sewer service, increased staff time to adjust billings and assist customers, and delayed collection of revenue Water and Wastewater fund revenues.

4. The City’s Capital Improvement Program in the City’s adopted budget includes a project to retrofit existing water meters to advanced metering infrastructure (AMI) beginning this year. AMI is an integrated system consisting of electronic meter registers, a communications network, and data management system that collects water consumption data without requiring manual reading by visiting each meter.

5. The Water Department has evaluated advanced metering alternatives that would allow for remote collection of meter readings and are compatible with the City’s existing water meters.

6. The City has standardized on water meters manufactured by Badger Meter Company (Badger) years ago to improve the consistency and reliability. Badger offers AMI hardware that is directly compatible with approximately 96% of the City’s water meters. Implementation of this AMI solution would simplify retrofits and reduce implementation costs.

7. The City began piloting the cellular AMI solution provided by Badger in February of 2023 and pilot meters have now been active for eight months.

8. On May 16, 2023, City Council authorized sole source procurement from Badger Meter Company for the Orion/ Beacon AMI system.

9. Utilities Department staff is preparing for implementation of AMI and the department is planning to bid for installation of AMI hardware in July of 2024.

10. To support implementation of the AMI project, the City will need to enter into a services agreement with Badger Meter Company for use of the Badger Beacon data management software and service. A 15 agreement has been negotiated with Badger.

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City Council Agenda November 7, 2023

11. Following execution of the agreement with Badger, staff would authorize integration of the Beacon data management system with the City’s existing customer billing system.

Options

1. Take no action;

2. Find the Project exempt from CEQA and authorize an agreement with Badger Meter Company for the Beacon AMI data management and software service;

3. Provide alternative direction to staff.

Analysis and Conclusions
The City has planned and budgeted for implementation of AMI to improve the consistency of meter reading, provide advanced warnings of leaks and other issues with customers’ service, and allow a better understanding of water use throughout the City. Currently the City’s approximately 10,940 active water meters are read each month by a contract meter reading service. Extensive delays in meter readings have occurred due to vendor staffing issues. Last year meter readings were significantly delayed for five consecutive months. These delays impacted water customers and required additional staff time to make adjustments to customers’ water and sewer bills, provide meter re-reads, and assist customers with their questions and concerns over variations in billings. The consistency of the vendor’s meter reading has improved, however, it remains unclear how future staffing and labor issues will affect billing. The vendor has indicated uncertainty regarding how long they will continue to provide manual meter reading.

AMI allows meter readings to be collected remotely without requiring manual readings at each meter site.

Benefits include improved timeliness and consistency of meter reading, customer access to more detailed water use information, rapid leak detection and notifications that help avoid high water bills, notifications for meter tampering and backflow conditions, lower monthly reading cost, and reduced vehicle trips.

Staff has evaluated AMI alternatives that are compatible with the City’s existing water meters and has identified an AMI solution from an established manufacturer, Badger Meter Company, that will reduce costs of implementing AMI and simplify the process of converting to AMI. The Orion cellular-based AMI solution provided by Badger is compatible with the large majority of water meters and can be installed without requiring removal and replacement of existing meter bodies, greatly reducing the labor and time involved with conversion. Additionally, Badger’s cellular-based system does not require the City to construct, maintain and operate a fixed network of communication antennas to transmit data throughout the City, further reducing the complexity and cost of implementing AMI.

In May 2023, City Council has authorized sole source procurement of Badger AMI equipment and staff is preparing for bidding for the installation of AMI hardware on the City’s approximately 10,940 meters.

Staff has planned for bidding this work in early 2024 and for the contractor to begin work in July.

To begin the AMI conversion project in July of 2024, several steps will be completed. The following tasks and timing are planned based on coordination with Badger, meter box lid manufacturers, and AMI installation contractors:

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City Council Agenda November 7, 2023
Project Task Duration Timing
Master Services Agreement (CC approval) n/a Nov. 2023
Integration with utilities billing system 6 – 8 mo. Nov. 2023 – Jun. 2024 Materials procurement (CC approval) 6 – 8 mo. Nov. 2023 – Jul. 2024 CM Contract Award (CC approval) n/a Dec. 2023
Contractor prequalification 2 mo. Dec. 2023 – Jan. 2024 Bidding for construction 2 mo. Feb. 2024 – Apr. 2024
Construction (CC approval) 8 mo. Jul. 2024 – Feb. 2025
The City needs to enter into an agreement with Badger for the data management software service and contract with Badger and the City’s utilities billing provider, Harris Utilities Billing, to integrate the AMI data management system with the City’s utilities billing system prior to full-scale AMI deployment. City staff and the City Attorney have negotiated a Master Services Agreement with Badger which outlines the terms and costs for the data management software service over a 15 term. The pricing for AMI meter reading and the data management service, is $0.88 per meter per month, and would increase $0.01 per year over the fifteen-year term to $1.02 per meter per month for year 15. Currently, monthly meter reading costs are $1.20 per meter per month and are in addition to an annual fee of $8,861 per year.

Staff recommends authorizing the City Manager to enter into the attached Master Service Agreement with Badger Meter Company on behalf of the City. Following execution of the agreement with Badger, staff would authorize integration of the data management system with the City’s utilities billing system.

Integration and testing are expected to take approximately six to eight months.

Fiscal Impact
Authorization of the attached Master Services Agreement with Badger does not have immediate fiscal impact. However, implementation of the AMI system will involve payment of fees for set-up of the data management system (Beacon), integration with the City’s utilities billing system, purchase of AMI equipment from Badger Meter Company, and payment of ongoing service fees for AMI remote meter reading and the data management software service. Anticipated costs for the conversion project are summarized below. AMI meter readings will start at $0.88 per meter per month and increase $0.01 each year for the fifteen-year agreement term (this will be offset by the current $1.20 per meter per month fee the City incurs with manual meter readers).

Project Task Estimated Cost
Master Services Agreement n/a
Integration with utilities billing system $43,700
Contractor prequalification n/a
Bidding for construction n/a
Materials Procurement & Construction $6,000,000 budgeted Construction management and inspection TBD
The City Council approved the sole source procurement from Badger at the May 16, 2023 City Council meeting and the City’s Capital Improvement Program in the City’s approved budget includes budget for implementation of the AMI project. As such, no further council action is necessary

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City Council Agenda November 7, 2023
CEQA
The City finds this action is exempt from review under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15301(b), Existing Facilities, which exempts minor alterations to existing public utility facilities.

Recommendation (Option 2)
Approve Resolution 23-XXX, authorizing an agreement with Badger Meter Company for the Beacon AMI Data Management Software Service and authorizing the City Manager and City Attorney to make minor changes to the agreement, if needed, fully consistent with overall Council direction.

Attachments

1. Resolution 23-XXX – Approval of Master Services Agreement with Badger Meter Company for Beacon AMI Data Management System

2. Master Services Agreement for Beacon AMI Managed Solution

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City Council Agenda November 7, 2023
Attachment 1
RESOLUTION 23-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES

AUTHORIZING THE CITY MANAGER TO APPROVE A SERVICES AGREEMENT WITH

BADGER METER COMPANY FOR BEACON AMI DATA MANAGEMENT SYSTEM AND

FINDING THIS ACTION EXEMPT FROM REVIEW UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT, STATE GUIDELINES SECTION 15301(b), EXISTING FACILITIES.

WHEREAS, the City provides water and wastewater service for nearly all homes, businesses, and institutions in the City; and
WHEREAS, the City currently uses a third-party vendor to read customer’s water meters. The contract meter reader’s staff manually reads meters each month by visiting all meter locations throughout the City; and
WHEREAS, the level of service provided by the City’s third-party vendor for meter reading has recently declined and significant delays have occurred in meter readings for consecutive months; and WHEREAS, the Capital Improvement Program in the City’s adopted budget includes a project to retrofit existing water meters to advanced metering infrastructure (AMI) beginning in 2023; and WHEREAS, the City has evaluated AMI alternatives that are compatible with the City’s existing water meters and has piloted a cellular AMI solution provided by Badger Meter Company (Badger); and WHEREAS, the City has standardized on meters manufactured by Badger for all water meters two inches and smaller; and
WHEREAS, the City Council has authorized sole source procurement of AMI equipment and services from Badger Meter Company for the City’s AMI conversion project; and WHEREAS, entering a services agreement with Badger Meter Company for Badger’s Beacon AMI data management and software system is necessary for the City Council to proceed with integrating the data management software with the City’s utilities billing system prior to full-scale conversion to AMI; and
WHEREAS, the City finds this action is exempt from review under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15301(b), Existing Facilities which exempts minor alterations to existing public utility facilities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL PASO DE ROBLES DOES HEREBY RESOLVE AS FOLLOWS:

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

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City Council Agenda November 7, 2023
Attachment 1
Section 2. The City finds this action is exempt from review under the California Environmental Quality Act pursuant to State Guidelines Section State CEQA Guidelines, §§ 15301(b), Existing Facilities which exempts minor alterations to existing public utility facilities.

Section 3. The City Council authorizes the City Manager to enter into a Master Services Agreement with Badger Meter Company for the Beacon AMI data management and software system and authorizes the City Manager and City Attorney to make minor changes to the agreement, if needed, fully consistent with overall Council direction.

Section 4. This Resolution shall take effect on the date it is approved by the City Council.

APPROVED this 7
th day of November 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

John R. Hamon, Jr., Mayor
ATTEST:

Melissa Boyer, City Clerk

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City Council Agenda November 7, 2023

BADGER METER

BEACON SAAS MANAGED SOLUTION

This BEACON SAAS MANAGED SOLUTION MASTER AGREEMENT (“Agreement”) is entered into as of the ___________ day of ________________, 2023 (the “Effective Date”) by and between Badger Meter, Inc., a Wisconsin corporation with offices located at 4545 W. Brown Deer Road, Milwaukee, Wisconsin 53223 (“Badger Meter”), and The City of El Paso de Robles, with offices located at 1000 Spring Street, Paso Robles, California 93446 (“Customer”). (1) SERVICE. Badger Meter and its cellular service aggregator and data-hosting service providers (“Suppliers”) have developed a hosted, on-demand, web-based service website (“Portal”) accessible to its customers to provide metering and water usage service information, communicated through a cellular network, for its customers (“Service”), and documentation to assist customers in using the Portal and the Service (“Documentation”).
(2) RIGHT TO ACCESS AND USE THE PORTAL AND SERVICE. In consideration of the payment of the Service Fees as set forth in Section (5), Badger Meter grants to Customer, its employees, elected and/or appointed officials and contractors that Customer approves as users of the Service (“Authorized User”) and Customer’s approved end-user water customers (“Authorized Consumer”) the right to remotely access and use the Service from the Portal (as currently configured) for Customer’s internal business use and for the benefit of its Authorized Consumers in accordance with this Agreement. Any rights and obligations in this Agreement relative to Customer and its Authorized Consumers will only be in effect when Customer affirmatively enables the EyeOnWater Service.
(3) OWNERSHIP OF PORTAL AND SERVICE.
(a) Badger Meter Service. Badger Meter owns all rights, title and interest in the Portal, Service and Documentation, including all associated intellectual property rights. Neither Customer, nor its Authorized Users or Authorized Consumers will obtain any rights, title or interest in the Portal, Service, or Documentation or any associated intellectual property rights, other than the right to access and use the Portal, Service and Documentation, subject to the terms of this Agreement. The Customer owns all data collected per the terms of this Agreement. (b) Suggestions. If Customer provides Badger Meter any suggested improvements (“Suggestions”) to the Portal, Service or Documentation, Customer agrees that Badger Meter will own all rights, title and interest in and to the Suggestions, even if Customer has designated the Suggestions as confidential. Badger Meter will be entitled to use the Suggestions without restriction. By entering into this Agreement, Customer irrevocably assigns, conveys and transfers to Badger Meter all right, title and interest in and to the Suggestions and agrees to provide Badger Meter with commercially reasonable assistance to document, perfect and maintain Badger Meter’s rights in the Suggestions.
(4) TERM. The term of this Agreement begins on the Effective Date and continues for a fifteen (15) year term unless earlier terminated in accordance with Section (16) of the Agreement (the “Term”).

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City Council Agenda November 7, 2023

BADGER METER

BEACON SAAS MANAGED SOLUTION

MASTER AGREEMENT
©2020 Badger Meter, Inc.
(5) FEES.
(a) Service Fees. In consideration for the right to access and use the Portal, Service and Documentation, Customer agrees to pay Badger Meter certain fees (“Service Fees”) to obtain enterprise-wide access to the Portal, Service and Documentation, authorizing all of its Authorized Users and Authorized Consumers to use the Portal and Service and Documentation in accordance with the terms of this Agreement, pursuant to the pricing set forth in Exhibit 1 - Fees.
(b) Taxes and Surcharges. Customer will be responsible to pay any sales, use, value added or excise taxes or surcharges resulting from use of the Portal, Service and Documentation by Customer, its Authorized Users or Authorized Consumers, excluding taxes due on Badger Meter’s income; provided, however, Badger Meter acknowledges that Customer may be tax exempt in certain situations due to the Customer’s status as a local government and political subdivision. Customer will not be responsible for payment of taxes or surcharges resulting from its use of the cellular service included as part of the Service, as those charges are included in the Service Fees.
(c) Updated Schedule of Fees. At least ninety (90) days prior to the expiration date of the Term (“Anniversary Date”), Badger Meter will provide Customer with an updated Schedule of Fees for the Service for the upcoming contract term.
(6) RESTRICTIONS ON RIGHT TO USE. Customer agrees that Customer will make a good faith effort to ensure that Customer, its Authorized Users and Authorized Consumers will not use or permit or assist another to use the Portal, Service or Documentation in violation of this Agreement and will not:
(a) Sell, license, resell, sublicense, or otherwise permit any third parties other than Authorized Users or Authorized Consumers to access or use the Portal, Service, or Documentation. (b) Remove patent, copyright, trademark or other intellectual property markings from the Portal, Service or Documentation.
(c) Modify, alter, tamper with, repair or otherwise create derivatives from the Portal, Service or Documentation.
(d) Copy, reverse engineer, disassemble or decompile the Portal, Service or Documentation or apply any other process or procedure to derive the source code from any software included in the Portal or Service.
(e) Use the Portal or Service in a manner that violates any applicable international, federal, state or local laws, rules or regulations.

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City Council Agenda November 7, 2023

BADGER METER

BEACON SAAS MANAGED SOLUTION

MASTER AGREEMENT
©2020 Badger Meter, Inc.
(f) Assert or authorize, assist or encourage any third party to assert against Badger Meter, its affiliates, customers, vendors, business partners, Servicers or licensors any intellectual property infringement Claim regarding the Portal, Service or Documentation. (g) Transmit content or messages that are illegal, fraudulent, threatening, abusive, defamatory, or obscene.
(h) Make any unauthorized connection to Badger Meter’s information technology architecture (“Network”).
(i) Communicate any unsolicited commercial, voice, SMS, or other message. (j) Knowingly or in violation of any Customer policy regarding cyber security upload or transmit any “virus,” “worm,” or malicious code or access, alter, or interfere with the communications of and/or information about another customer. (k) Take actions that could cause damage to or adversely affect Badger Meter, the Service, Portal, Suppliers, Network or the property of Badger Meter or its Suppliers.

Customer and Badger Meter agree to make good faith efforts to minimize abuse or fraudulent use of the Portal and Service, to promptly report to each other any such abuse or fraudulent use of which they become aware, and to reasonably cooperate in any investigation or prosecution initiated by Badger Meter, its Suppliers or Customer related to abuse or fraudulent use of the Portal and Service. (7) CUSTOMER SUPPORT. Badger Meter will provide Customer the support services described in Exhibit 2 - Service Level Agreement.
(8) CUSTOMER DATA.
(a) Customer Data Defined. Customer, its Authorized Users and Authorized Consumers may provide Badger Meter and its Suppliers certain, customer billing information, personally identifiable information (PII) or other content (“Customer Data”). (b) Ownership. The Parties agree that the Customer Data is and shall remain the sole and exclusive property of Customer and/or its or Authorized Consumers, including but not limited to any intellectual rights in the Customer Data.
(c) Use of Customer Data by Badger Meter. Customer and its Authorized Users consent to Badger Meter and its Suppliers’ right to host, access, store, copy and use the Customer Data as reasonably necessary to provide, maintain, repair and enhance the Portal, Service and Documentation. Badger Meter may disclose certain Customer Data only to provide the Service to Customer, its Authorized Users and Authorized Consumers or to comply with the law or request of a governmental or regulatory body (including subpoenas or court orders as described

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City Council Agenda November 7, 2023

BADGER METER

BEACON SAAS MANAGED SOLUTION

MASTER AGREEMENT
©2020 Badger Meter, Inc.
in Section 9.) Customer agrees to attempt a good faith effort at obtaining the consent of its Authorized Consumers for Badger Meter to perform the Services and use the Customer Data as outlined above. Badger Meter is not responsible for an Authorized Consumer who does not provide consent.
(d) Customer Responsibilities. Customer is solely responsible for the development, content, operation and maintenance of the Customer Data, including but not limited to the technical operation of the Customer Data, and ensuring that calls made to the Service from Customer’s network are compatible with then-current API’s for the Service. Customer shall make a reasonable effort to ensure that Customer, its Authorized Users and Authorized Consumers comply with the Badger Meter Terms of Use Policy, the Badger Meter Privacy Policy or any other policies referenced in this Agreement and the law. (9) CONFIDENTIALITY.
(a) Confidential Information Defined. For purposes of this Agreement, Confidential Information means all nonpublic information disclosed by one party to the other that is designated as confidential or that given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential, including but not limited to: (a) nonpublic information related to Badger Meter or its affiliates, Suppliers, business partners, technology, customers, business plans, intellectual property, finances and other business affairs; (b) third party information Badger Meter is obligated to keep confidential; (c) the content and existence of any discussions or negotiations between the parties, except to the extent the existence and a general description of such negotiations are required to be disclosed by law to provide notice of Customer action by its elected officials; (d) Badger Meter’s intellectual property used in providing the Portal, Service or Documentation; (e) Customer Data; and (f) Traffic Data, as defined below. Notwithstanding any provision to the contrary, a final executed copy of this Agreement is not considered Confidential Information and may be subject to disclosure under the California Public Records Act, Cal. Govt Code Section 7920.000 et seq. or other applicable law.
(b) Protection of Confidential Information. To the extent permitted by law, t he parties agree to hold the other party’s Confidential Information in strict confidence and will not copy, reproduce, give, sell, assign, license, market, transfer or otherwise dispose of the Confidential Information of the other party to any third parties or use the Confidential Information for any purposes whatsoever other than as contemplated by this Agreement. The Parties will take commercially reasonable steps to avoid disclosure, dissemination or unauthorized access to or use of the Confidential Information during the Term and for a period of five (5) years after the end of the Term, except that Confidential Information which is designated as a trade secret which shall continue to be subject to these confidentiality obligations in perpetuity. Customer agrees it will not misrepresent or embellish the relationship between the Parties (including by expressing or implying that Badger Meter supports, sponsors, endorses or contributes to Customer or its business endeavors) or express or imply any relationship or affiliation between

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City Council Agenda November 7, 2023

BADGER METER

BEACON SAAS MANAGED SOLUTION

Badger Meter and Customer or any other person or entity except as expressly permitted by this Agreement. Badger Meter acknowledges that Customer is a local government entity and can only express, imply or act by vote of its City Council in an open meeting pursuant to applicable law.
(c) Traffic Information. All de-identified data (generally, aggregated system data stripped of PII) generated or collected by Badger Meter through operation of the Portal and Service is referred to as the “Traffic Data.” All Traffic Data shall be the Confidential Information of and owned exclusively by Badger Meter. Badger Meter will provide a copy of all traffic information at the Customer’s request.
(d) Third Party Requests for Confidential Information. Neither party may disclose the other party’s Confidential Information except to a Supplier subject to the restrictions in this Agreement or an Authorized User or Authorized Consumer except as otherwise required by law. If a party receives a request for access to the other party’s Confidential Information from a third party, the receiving party agrees to inform the disclosing party in writing within three (3) business days of receipt of the request unless prohibited by law.
(e) Exclusions from Confidential Information. Confidential Information of a party shall not include information which: (i) is in or becomes part of the public domain through no fault of the receiving party; (ii) the receiving party can prove was known to it prior to its receipt from the disclosing party without reference to the Confidential Information; (iii) is independently developed by the receiving party outside of this Agreement without use of the disclosing party’s Confidential Information; (iv) is obtained by the receiving party from a third party which had no obligation of confidentiality to the disclosing party; or (v) is required to be disclosed under the California Public Records Act.
(10) CUSTOMER’S REPRESENTATIONS AND WARRANTIES. Customer represents and warrants to Badger Meter that:
(a) Authority. Customer has the right and authority to enter into this Agreement and to meet its financial and legal obligations under this Agreement, subject to annual appropriations of the Service Fees.
(b) Ownership. Customer, its licensors or its Authorized Consumers, own all rights, title and interest in and to the Customer Data. Customer has all rights in the Customer Data necessary to grant the rights to Badger Meter contemplated under this Agreement. (c) Compliance with Badger Meter Policies. None of the Customer Data or the use of the Customer Data, the Portal or Service by Customer, its Authorized Users or its Authorized Consumers will violate Badger Meter’s BEACON Terms of Use (https://beaconama.net/termsofuse.html) (attached hereto as Attachment 4) or Privacy Policy (https://beaconama.net/privacy/privacy.html) (attached hereto as Attachment 5). Customer

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City Council Agenda November 7, 2023

BADGER METER

BEACON SAAS MANAGED SOLUTION

MASTER AGREEMENT
©2020 Badger Meter, Inc.
agrees to provide a copy of Badger Meter’s BEACON Terms of Use and Privacy Policy, in effect as of the Effective Date of this Agreement, to all Authorized Consumers by posting on Customer’s website and making hard copies available to any Authorized Consumer upon written request.
(d) Compliance with the Law. Neither Customer nor the Authorized Users will access or use the Portal, Service or Documentation in any manner that violates any applicable international, federal, state or local laws and/or regulations, including but not limited to all applicable data protection, intellectual property and privacy laws.
(11) REPRESENTATIONS AND WARRANTIES OF BADGER METER.
(a) Authority. Badger Meter represents and warrants to Customer that it has the right and authority to enter into this Agreement and to perform its obligations under this Agreement. (b) Service Warranty. Badger Meter represents and warrants to Customer that the Portal and Service will be provided pursuant to Exhibit 2 – Service Level Agreement. In providing the Portal and Service, Badger Meter will maintain sufficient data storage capacity to satisfy the technical requirements and required storage capacity to host the Portal and Service, in its reasonable discretion. If Customer allows unauthorized users to access the Portal, Service or Documentation, this express limited warranty will immediately become null and void. (c) Remedy for Breach of the Express Limited Warranty. If the Portal, Service or Documentation fail to meet the terms of the express limited warranty set forth in Section 11(b), Customer is required to notify Badger Meter promptly as defined in Exhibit 2 – Service Level Agreement. Customer’s exclusive remedy for a breach of the express limited warranty is a Service credit to be calculated in accordance with Exhibit 2 – Service Level Agreement. (d) DISCLAIMER OF IMPLIED WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 11(b), BADGER METER MAKES NO OTHER

EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AS TO THE PORTAL, SERVICE OR DOCUMENTATION. BADGER METER EXPRESSLY DISCLAIMS ANY

OTHER EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE PORTAL,

SERVICE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A

PARTICULAR PURPOSE, QUIET ENJOYMENT, OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING, INDUSTRY PRACTICE OR USAGE OF TRADE.

BADGER METER EXPRESSLY DISCLAIMS THAT THE PORTAL AND SERVICE WILL BE

UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND

EXPRESSLY DISCLAIMS ANY WARRANTIES AS TO THE RELIABILITY, QUALITY,

SECURITY, CONDITION, DESIGN, SUITABILITY, INTER-OPERABILITY,

AVAILABILITY, COMPLETENESS OF THE PORTAL OR SERVICE OR THAT ANY DATA,

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City Council Agenda November 7, 2023

BADGER METER

BEACON SAAS MANAGED SOLUTION

INCLUDING THE CUSTOMER DATA, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
(e) ESSENTIAL TERMS. THE ENFORCEABILITY OF THIS SECTION (11) IS ESSENTIAL TO BADGER METER’S WILLINGNESS TO ENTER INTO THIS AGREEMENT WITH CUSTOMER.
(12) LIMITATION OF LIABILITY
(a) DIRECT DAMAGES. IF ANY PARTY DEFAULTS IN ITS OBLIGATIONS UNDER

THIS AGREEMENT, THE NON-BREACHING PARTY WILL BE ENTITLED TO RECOVER

FROM THE BREACHING PARTY ONLY THE ACTUAL AND DIRECT DAMAGES THAT THE NON-BREACHING PARTY MAY INCUR AS A RESULT OF SUCH BREACH. (b) CAP ON DAMAGES. NEITHER PARTY’S NOR ANY OF ITS RESPECTIVE

AFFILIATES ANNUAL LIABILITY UNDER THIS AGREEMENT WILL EXCEED THE

LESSER OF (A) THE AMOUNTS THE CUSTOMER ACTUALLY PAYS BADGER METER

UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM, OR (B) US $250,000. NOTHING IN THIS SECTION (12) WILL LIMIT CUSTOMER’S OBLIGATION TO PAY BADGER METER FOR USE OF THE SERVICES PURSUANT TO SECTION (5).
(c) LIMITS ON DAMAGES. EXCEPT FOR PAYMENT OBLIGATIONS ARISING UNDER SECTIONS (13) AND (14) (INDEMNIFICATION), NEITHER PARTY NOR ANY OF ITS

RESPECTIVE AFFILIATES, SUPPLIERS OR LICENSORS WILL BE LIABLE TO THE

OTHER PARTY, AN AUTHORIZED USER, AUTHORIZED CONSUMER OR ANY THIRD

PARTY FOR ANY CLAIMS, DEMANDS, ACTIONS, LOSSES, DAMAGES, FINES, JUDGMENTS SETTLEMENTS, COSTS, EXPENSES, ATTORNEY’S FEES, AND COURT

COSTS OR ANY OTHER LIABILITIES OF ANY NATURE WHATSOEVER, INCLUDING

BUT NOT LIMITED TO THE PORTAL, SERVICE, DOCUMENTATION, OR THE SUBJECT MATTER OF THIS AGREEMENT (“CLAIM”).

FURTHER, NEITHER PARTY NOR ANY OF EITHER PARTY’S RESPECTIVE AFFILIATES,

SUPPLIERS OR LICENSORS SHALL BE LIABLE TO THE OTHER PARTY, AN

AUTHORIZED CONSUMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT,

INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES,

LOST REVENUE OR PROFITS OR DIMINUTION OF VALUE, OR OTHER ECONOMIC

ADVERSITY, CLAIMS RESULTING FROM LOSS OF CUSTOMER DATA, OR BREACH OF

CONFIDENTIALITY, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION

WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF WHETHER SUCH

DAMAGES WERE FORESEEABLE, WHETHER OR NOT THE PARTY WAS ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES, AND THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

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NEITHER BADGER METER NOR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS

WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING IN CONNECTION WITH: (A) CUSTOMER’S INABILITY TO USE THE PORTAL OR SERVICE, INCLUDING AS A RESULT OF ANY: (i) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR CUSTOMER’S USE OF OR ACCESS TO THE SERVICE ; OR (ii)

WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENT,

ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF

THE SERVICE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO AS A RESULT OF A POWER OUTAGE, SYSTEM FAILURE OR OTHER INTERRUPTION; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY INVESTMENTS,

EXPENDITURES OR COMMITMENTS MADE BY CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S USE OF OR ACCESS TO THE SERVICE; OR (D)

ANY UNAUTHORIZED ACCESS TO, ALTERATION OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF CUSTOMER’S DATA.
(13) CUSTOMER’S INDEMNIFICATION OBLIGATIONS.
(a) Generally. Customer agrees, to the extent allowed by law, to reasonably defend, indemnify, and hold harmless Badger Meter as well as its parents, subsidiaries, affiliates, officers, employees, agents, licensors, Suppliers, representatives and customers and each of their respective employees, officers, directors, members and representatives (the “Badger Meter Parties”), against any and all Claims made against the Badger Meter Parties by any third party arising out of or related to: (i) Customers, Authorized Users or Authorized Consumers access and use of the Portal, Service, or Documentation; (ii) the subject matter of this Agreement ; (iii) violation of applicable law by Customer or its Authorized Users; or (iv) a dispute between Customer and any Authorized User or Authorized Consumer. (b) Procedure for Indemnification. Upon receipt of a Claim, Badger Meter will provide prompt written notice to Customer of the Claim for which the Badger Meter Parties seek indemnification. Badger Meter’s failure to promptly notify Customer will only affect Customer’s obligation to indemnify the Badger Meter Parties to the extent such failure causes actual prejudice to Customer’s ability to defend the Claim. The notice must include a description of the Claim with reasonable detail of the facts giving rise to the Claim. Upon receipt of notice of a Claim, Customer shall be obligated to assume and control the defense of such Claim at its own expense. The Badger Meter Parties may retain their own counsel to cooperate in defending the Claim, at their own expense. The Badger Meter Parties agree to cooperate with Customer in defending the Claim and in making available to Customer all witnesses, records, materials and information in their possession or control to assist in the defense of the Claim, as is reasonably requested by Customer. Customer may not settle or compromise any Claim or consent to the entry of any judgment unless Badger Meter provides prior written consent and the Badger Meter Parties are given an unconditional written release from Customer with respect to the Claim. In the event Customer fails to defend, indemnify, and hold the Badger Meter Parties harmless, after

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notice of a request for indemnification, the Badger Meter Parties shall be entitled to assume the defense and seek reimbursement from Customer for all losses with regard to the Claim and all attorneys’ fees and litigation costs expended by the Badger Meter Parties in defending the Claim. (14) BADGER METER’S INDEMNIFICATION OBLIGATIONS.
(a) Generally. Subject to the limitations of liability provisions set forth in Section (12) of this Agreement, Badger Meter agrees to indemnify, defend and hold harmless Customer, and as applicable its officers, directors, members, board members, governing members, trustees, commissioners, elected and appointed officials, employees, agents, consultants and other representatives (“Customer Parties”) from and against any legal proceedings filed against the Customer Parties by a third party based upon: (i) the allegations that the Portal, Service or Documentation infringes or violates a third party’s patent, copyright or other intellectual property rights (“Intellectual Property Dispute”); (ii) the subject matter of this Agreement; or (iii) violation of applicable law by Badger Meter.
(b) Mitigation. If the Portal, Service or Documentation becomes the subject of an Intellectual Property Dispute and is enjoined, Badger Meter will have the right to (i) procure for Customer the right to continue using the Portal and Service; (ii) modify the Portal and Service to avoid allegations of infringement or alleged violations of applicable law, provided the modification does not materially change the functionality of the Portal and Service; (iii) replace the Portal and Service with an equally suitable, functionally equivalent, non-infringing Portal and Service; or (iv) immediately terminate this Agreement and provide Customer with a refund of any unused pre-paid portion of the Service Fees.
(c) Exclusions. Badger Meter assumes no liability for and Customer will not be entitled to receive indemnification from Badger Meter for any Intellectual Property Dispute which results directly and solely from (i) Customer’s failure to use the Portal or Service in conformity with the Documentation; (ii) Customer’s actions in combining the Service with any third party software, technology, hardware or data; or (iii) Customer’s violation of access granted in Section (2). (d) Procedure for Indemnification. Upon receipt of an Intellectual Property Dispute, Customer will provide prompt written notice to Badger Meter of the Intellectual Property Dispute for which the Customer Parties seek indemnification. Customer’s failure to promptly notify Badger Meter will only affect Badger Meter’s obligation to indemnify the Customer Parties to the extent such failure causes actual prejudice to Badger Meter’s ability to defend the Claim. The notice must include a description of the Intellectual Property Dispute with reasonable detail of the facts giving rise to the Intellectual Property Dispute. Upon receipt of notice of an Intellectual Property Dispute, Badger Meter shall be obligated to assume and control the defense of such Intellectual Property Dispute at its own expense. Customer may retain its own counsel to cooperate in defending the Intellectual Property Dispute, at its own expense.

Customer agrees to cooperate with Badger Meter in defending the Intellectual Property Dispute and in making available to Badger Meter all witnesses, records, materials and information in

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Customer’s possession or control to assist in the defense of the Intellectual Property Dispute as is reasonably requested by Badger Meter. Badger Meter may not settle or compromise any Intellectual Property Dispute or consent to the entry of any judgment unless Customer provides prior written consent and the Customer is given an unconditional written release from Badger Meter with respect to the Intellectual Property Dispute. In the event Badger Meter fails to defend, indemnify, and hold the Customer Parties harmless, after notice of a request for indemnification, Customer shall be entitled to assume the defense and seek reimbursement from Badger Meter for all losses with regard to the Intellectual Property Dispute and all attorneys’ fees and litigation costs expended by Customer in defending the Intellectual Property Dispute. (15) TERMINATION.
(a) Termination for Convenience. Customer may terminate this Agreement for any reason by providing Badger Meter written notice of termination at least ninety (90) days in advance of the effective date of such termination. Badger Meter shall be entitled to receive just and equitable compensation for any services performed hereunder through the date of the termination. After receipt of a notice of termination for convenience, Badger Meter will exercise reasonable diligence to accomplish the cancellation or diversion of related services and settle all outstanding liabilities associated with the cancellation of such commitments. (b) Termination for Cause. A party is in default under this Agreement if it materially breaches or materially fails to perform its obligations under this Agreement, which includes any failure to make undisputed payments pursuant to Section (5) (“Event of Default”). (c) Opportunity to Cure. Upon the occurrence of an Event of Default, the non-defaulting party shall deliver a written notice describing the Event of Default (the “Cure Notice”). If the receiving party has not cured the Event of Default within thirty (30) days after receipt of the Cure Notice, then the non-defaulting party shall have the right to terminate this Agreement, at its option, by delivering to the defaulting party a written notice of termination (the “Termination Notice”).
(d) Immediate Right to Terminate. Upon fifteen (15) days’ written notice to Customer and an opportunity to cure, Badger Meter shall have the right to immediately terminate this Agreement:
(i) in order to protect its Confidential Information, or its Intellectual Property Rights in the Portal or Service; (ii) in order to comply with applicable law (iii) if Customer makes any representation or warranty which is materially untrue as of the Effective Date or at any time during the Term; or (iv) upon an assignment for the benefit of creditors, if Customer suffers or permits the appointment of a receiver for its business or assets, or avails itself of, or becomes subject to, any proceeding under any statute relating to insolvency or for the protection of creditor rights or if a party becomes insolvent or technically bankrupt.
(e) Termination. Upon delivery of the Termination Notice to Customer by Badger Meter: (i) Badger Meter may cease providing Services to Customer, its Authorized Users and Authorized

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Consumers; (ii) Customer, its Authorized Users and Authorized Consumers will have no further right to use the Portal, Service or Documentation, will immediately cease using the Portal, Service and Documentation, and will receive no further Service; (iii) Customer will deliver to Badger Meter any Confidential Information of Badger Meter’s in its possession or control, and (iv) Badger Meter may cease gathering data from Customer’s endpoints, within a reasonable time, up to one hundred twenty (120) days after termination. Within a reasonable time after termination, at Badger Meter’s discretion, Badger Meter will scrub the personally identifiable information from the Customer Data. Customer must immediately return, or at Badger Meter’s option, destroy all Documentation provided to Customer by Badger Meter; provided, however, Customer shall be entitled to retain such documentation as required for record retention purposes by applicable law. Customer will remain liable for any Service Fees incurred prior to termination.
(f) Post – Termination Assistance. At either the expiration of the Term without renewal, or upon a default by Customer and subsequent termination, Badger Meter will provide posttermination data retrieval assistance to Customer for an additional fee, which shall be invoiced at the rate of $200/hour, with the number of hours required determined by the amount of data Customer wishes to extract from the Service. Any additional post-termination assistance from Badger Meter is subject to mutual agreement by the parties. (g) Reinstatement Fee. If Customer desires to reinstate access to the Portal and Service after termination, a reinstatement fee of $7.50 per endpoint reinstated will apply. (16) SUSPENSION OF SERVICES.
(a) Nonpayment. Badger Meter may suspend the Service and access to the Portal and shall not be obligated to provide access to the Portal and Service to Customer, its Authorized Users or Authorized Consumers until all outstanding undisputed invoices for the Service have been paid in full, including any fees associated with suspension of the Service. (b) Network Protection. Customer acknowledges that Badger Meter (and any of its Suppliers) may restrict, or suspend all or a portion of the Service or limit the Service as may be reasonably necessary to prevent or limit suspected fraud or any problem that materially and adversely affects the performance of the Service and/or is likely to do substantial damage to Badger Meter, Badger Meter’s customers or Suppliers. Some of these actions may interrupt or prevent legitimate communications and usage. Such situations may arise: (a) if a device deployed on the Service is materially out of compliance with the technical requirements; (b) in case of actual or suspected fraudulent use; or (c) in case of disruptive or damaging operation. (c) Notification. In the event that Badger Meter or one of its Suppliers restricts, suspends or cancels any portion of the Service or limits the operation of the Service, Badger Meter shall use reasonable efforts to (i) promptly notify Customer in advance; (ii) provide reasonable information regarding its identification of the issue that resulted in the actions taken; and (iii)

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reinstate Service upon resolution of the issue as soon as practicable and in any case within a reasonable timeframe.
(d) Immediate Suspension. Badger Meter may suspend Customer’s or an Authorized User’s or Authorized Consumer’s right to access or use the Service immediately upon notice to Customer if Badger Meter determines:
(i) Use of the Service poses a security risk to the Service, the Network or any third party, adversely impacts the Service, the Network or data of any other Badger Meter customer, or subjects Badger Meter or any third party to liability or fraud.

(ii) Customer or one of its Authorized Users or Authorized Customers is in breach of this Agreement or is delinquent on its payments for more than fifteen (15) days following written notice of such breach to Customer.

(iii) Badger Meter ceases to operate in the ordinary course, has an assignment for the benefit of creditors or similar disposition of its assets or becomes the subject of any bankruptcy, reorganization, liquidation dissolution or similar proceeding. (e) Reinstatement. Badger Meter will use commercially reasonable efforts to restore Customer’s rights to use and access those portions of the Service or accounts that gave rise to the suspension promptly after Customer has resolved the problem giving rise to the suspension. (f) Effect of Suspension. If Badger Meter suspends Customer’s right to access or use all or any portion of the Service or the Portal:
(i) Customer remains responsible for all Service Fees and undisputed charges incurred through the date of suspension.
(ii) Customer remains responsible for any applicable Service Fees and charges for any Services to which Customer has continued access as well as applicable fees and charges. (iii) Customer will not be entitled to any service credits under the Service Level Agreement for any period of suspension.
(iv) Badger Meter’s right to suspend the Services is in addition to Badger Meter’s right to terminate this Agreement.
(17) COMPLIANCE WITH REGULATIONS; DATA PRIVACY. Each party is responsible for complying with industry standards and such applicable laws and regulations, including, but not limited to, the generally accepted practices in the information technology service management industry for providing secure data handling and management, including meeting or exceeding Information Technology Infrastructure Library (ITIL) standards for logical and physical security and

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all requirements regarding the protection of data in its possession or under its control. A party will not be liable for any failure of the other party to comply with this requirement. (18) DATA SECURITY AND RECOVERY.
(a) Data Security. In order to protect the Customer Data and prevent unauthorized access to or use of the Customer Data, Portal or Service, Badger Meter has implemented commercially reasonable internal procedures and systems designed to protect the privacy and security according to the requirements set forth in Exhibit 3 – BEACON SaaS Managed Solution Security Policy (“Security Standards”), consistent with applicable international, federal, state and local laws. The purpose of the security policy is to identify reasonably foreseeable and internal risks to security and unauthorized access to Badger Meter’s Network and minimize security risks, including through risk assessment and regular testing. Badger Meter will designate one or more employees to coordinate and be accountable for the security program. (b) Protection of Customer Data. Badger Meter will implement reasonable and appropriate measures for the Badger Meter Network designed to help Customer secure the Customer Data against accidental or unlawful loss, access or disclosure in accordance with Badger Meter’s Security Standards. Badger Meter may modify its Security Standards from time to time but will continue to provide at least the same level of security as described in the Security Standards as of the Effective Date. The security and data privacy provisions in this Section contain Badger Meter, and its Suppliers entire obligation regarding the security, privacy and confidentiality of the Customer Data.
(c) Data Storage. Badger Meter will employ commercially reasonable storage (including backup, archive and redundant data storage) and commercially reasonable precautions to prevent the loss of or alteration of Customer Data, but does not guarantee against any such loss or alteration. Badger Meter will not serve as Customer’s official record keeper. Customer will maintain source documents of the Confidential Information (such as billing information) hosted by Badger Meter under this Agreement.
(d) Customer Responsibilities. Customer is responsible for properly configuring and using the Service and taking steps to maintain appropriate security, protection and backup of the Customer Data, including but not limited to the use of encryption technology to protect Customer Data from unauthorized access and will perform routine archiving of the Customer Data. Further, Customer is responsible for regularly auditing its Authorized Users, and will enact internal procedures to remove Authorized Users from the Service if their job duties change and access is no longer appropriate, or if an Authorized User separates from Customer. (e) Data Transmission Risks.
(i) Cellular Transmissions. Badger Meter cellular endpoints conform to the AES256 encryption standards or the latest AES standard in effect. Customer acknowledges that

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neither Badger Meter nor its Suppliers can guarantee the privacy or security of any cellular transmissions as part of the Service. Customer acknowledges that cellular transmissions are capable of being intercepted by third parties without the knowledge or permission of Badger Meter or its Suppliers. Badger Meter and its Suppliers shall not be liable to Customer, the Authorized Users, the Authorized Consumers or any third party for interception or unauthorized use of any data transmitted through the cellular network, as part of the Service.
(ii) Internet Transmissions. Customer acknowledges that security of transmissions over the Internet cannot be guaranteed. Badger Meter is not responsible for: (i) Customer’s access to the Internet; (ii) interception, unauthorized use or interruptions of communications through the Internet; or (iii) changes or losses of data through the Internet, in each case other than to the extent caused solely by Badger Meter. In order to protect Customer Data, Badger Meter may suspend Customer, Customer’s Authorized Users or Authorized Consumers access to or use of the Badger Meter Portal or Service via the Internet immediately, without prior notice, pending an investigation of any potential security breach.
(f) Coverage Availability. The Service is provided using a wireless network. Actual signal availability in the Service Area will depend on the device used to access the Service as well as coverage for the applicable wireless network provided in specific geographic regions. Coverage may be refused, interrupted or limited by environmental factors such as signal strength, buildings, weather, geography, topography, or by factors affecting the Suppliers, such as usage concentration or by facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the Supplier’s facilities. Any such factors may result in dropped and blocked connections or slower data speeds. Neither Badger Meter nor any of its Suppliers will be responsible to Customer or any of Customer’s Authorized Users or Authorized Consumers for any such lapses in or obstructions to coverage. The Service Area is subject to change from time to time. Should Badger Meter receive notice from its Supplier that such Supplier intends to discontinue its support for the Badger Meter Service in all or part of the Service Area, Badger Meter will provide Customer with as much advance notice as practicable under the circumstances. (g) Password Protection. Customer, its Authorized Users and Authorized Consumers will be required to select and use certain user names, passwords or codes to access and use the Service and Portal. Customer assumes sole responsibility for the selection, management and use of any codes or passwords as may be permitted or required for the access to and use of the Portal and Service by Customer, its Authorized Users and its Authorized Consumers. Customer agrees to maintain the privacy of usernames and passwords associated with the Badger Meter Portal and Service. Customer shall remain responsible for all activities that occur under Customer’s password or Internet account. Customer will immediately notify Badger Meter of any unauthorized use of Customer’s password or Internet account or any other breach of security, and ensure that Customer exits from Customer’s Internet account at the end of each session.

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Badger Meter shall not be liable for any damages incurred by Customer or any third party arising from Customer’s failure to comply with this Section. (h) Third Party Access. To the extent that Customer requests that Badger Meter provide any Customer Data to Authorized Users, Authorized Consumers or third parties or any non-U.S. location, Customer represents that it has acquired any consents or provided any notices required to transfer such content or information and that such transfer does not violate any applicable international, federal, state or local laws and/or regulations. (i) Security Breach. If Badger Meter becomes aware of a security breach or that compromises the security, confidentiality or integrity of the Customer Data (“Breach”), Badger Meter will promptly notify Customer in writing and take appropriate actions to resolve the Breach. Badger Meter will reasonably cooperate with Customer to investigate the nature and scope of any Breach. In its initial notification to Customer, Badger Meter will provide Customer with: (i) a description of the Breach; (ii) the estimated impact of the Breach on Customer’s Data; (iii) the name and contact information of the person at Badger Meter who will be primarily responsible for resolving the issues for Customer; and (iv) the investigation taken and the suggested corrective action. Badger Meter will provide commercially reasonable cooperation to Customer in investigating, assisting with notification of the Breach and taking corrective action as requested by Customer.
(j) Notification of Breach. In the event that applicable law requires notification to individuals of an Breach or if requested by Customer, Badger Meter will take additional mitigation steps for the benefit of Customer, including, but not limited to, providing reasonable assistance with drafting and sending of required notifications.
(19) CHANGES.
(a) Right to Make Changes. Badger Meter may from time to time make changes, without Customer’s approval, to the Terms of Use, the Privacy policies, the Portal, Service or Documentation, provided that such changes: (i) do not increase Customer’s total costs of accessing and using the Portal and Service during the Term of this Agreement ; (ii) do not require Customer to make any material changes to its systems, software, equipment, policies or procedures ; (iii) do not have a material adverse impact on the functionality, interoperability, performance, reliability, security or resource efficiency of the Portal and Service ; (iv) do not materially reduce the scope of the Portal and Service; and (v) are otherwise consistent with this Agreement. Badger Meter will publicize any changes by a notice given to Customer or by a prominent announcement on the Portal. Any such changes will not take effect until thirty (30) days after posting of notice on the Portal. By continuing to use the Service after the effective date of the modification to a policy, Customer agrees to be bound by the modified policies. It is Customer’s responsibility to check the Badger Meter site regularly for modifications to the policies.

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(b) Emergency Changes; System Improvement. Notwithstanding the foregoing, Badger Meter and its Suppliers may make temporary changes to the Portal and Service required by an emergency or threat to the security or integrity of the Portal or Service, to respond to Claims, litigation or loss of license rights related to third party intellectual property rights or to comply with the law or requests of a government entity, as well as take actions deemed reasonably necessary to protect or optimize the Service. Some of these actions may interrupt or prevent legitimate communications and usage, including, for example, use of message filtering/blocking software to prevent SPAM or viruses, limitations on throughput, and scheduled maintenance.

Badger Meter will provide notice by sending a message to the email address then associated with Customer’s account and by posting it on Badger Meter’s Portal. Badger Meter will provide Customer with: (i) at least thirty (30) days’ advance notice of planned maintenance by Badger Meter; and (ii) as much advance notice as reasonably possible of emergency changes or maintenance by Badger Meter or its Suppliers. Any actions resulting in permanent changes shall only be made in compliance with Section (19) (a).

(20) RIGHT TO SUBCONTRACT. Badger Meter may subcontract the performance of any of its cellular or web-services duties or obligations under this Agreement, and will use commercially reasonable efforts to subcontract only with subcontractors that have the requisite skills to perform any subcontracted obligations in accordance with the terms of this Agreement. (21) GENERAL.
(a) Binding Agreement. This Agreement is binding upon and will inure to the benefit of the parties and their respective successors and assigns.
(b) Affiliates. This Agreement covers only the employees and agents of Customer. If Customer wishes to have any entity that directly or indirectly controls, is controlled by or is in common control with Customer to access the Portal and use the Service, Customer’s Affiliate must execute a separate agreement with Badger Meter.
(c) Assignment. Either party may assign its rights and obligations under this Agreement with the express written consent of the other party, which consent will not be unreasonably withheld or delayed. Any purported assignment or transfer in violation of this Section will be null and void. Notwithstanding the foregoing, Badger Meter may assign its rights and obligations under this Agreement without the consent of Customer: (i) upon a sale of a majority of its outstanding capital stock to an affiliate or third party; (ii) if it sells all or substantially all of its assets; (iii) in the event of a merger; or (iv) in the event of a similar change of control. (d) No Waiver. The waiver or failure of either party to exercise any right or remedy provided under this Agreement will not be deemed a waiver of any further right or remedy. All waivers must be in writing to be effective.

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(e) Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions of this Agreement will be interpreted to effectuate the intent of the original Agreement. If such construction is not possible, the invalid or unenforceable portion of the Agreement will be severed from this Agreement, and the remainder of the Agreement will remain in full force and effect.
(f) Independent Contractors. The Parties agree that they are independent contractors and that neither party nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
(g) Savings Clause. The invalidity of any provision of this Agreement shall not affect the validity and binding effect of the remaining provisions. (h) No Third Party Beneficiaries. Nothing express or implied in this Agreement shall confer any rights, remedies, obligations or liabilities whatsoever to third parties which are not signatories to this Agreement.
(i) Governing Law. To the extent permitted by law, the terms of this Agreement are governed by the laws of the State of Wisconsin, without reference to its conflict of laws principles. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
(j) No Claims Against or Liability of Badger Meter Suppliers. Customer acknowledges that the Service utilizes services that are furnished to Badger Meter and one or more Suppliers pursuant to agreements between Badger Meter and its Suppliers. Neither Customer nor any Authorized Users or Authorized Consumers has a contractual relationship with Badger Meter’s Suppliers and neither Customer nor its Authorized Users or Authorized Consumers is a third party beneficiary of or will have any claim against Badger Meter’s Suppliers in the event any such agreement expires or is terminated. Customer further acknowledges that the Suppliers disclaim all liability of any nature, whether legal or equitable, to Customer, its Authorized Users or Authorized Consumers, whether direct, indirect, incidental or consequential, arising out of the use of Badger Meter Portal or Service by Customer, its Authorized Users or Authorized Consumers, including any liability for personal injury or death, failure to be able to use the Service or otherwise. Customer agrees that neither it nor any Authorized Users or Authorized Consumers shall have any Claim against the Supplier of any kind with respect thereto, whether arising out of breach of contract, warranty, negligence, and tort or otherwise. (k) Dispute Resolution.
(i) Initial Resolution Efforts. The parties shall act in good faith and use commercially reasonable efforts to promptly resolve any claim, dispute, controversy or disagreement (each a “Dispute”) between the parties or any of their respective subsidiaries, affiliates,

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successors and assigns under or related to this Agreement or any document executed pursuant to this Agreement or any of the transactions contemplated hereby. (ii) Mediation. If the parties cannot resolve the Dispute within ten (10) days after initial notice of the Dispute, the Dispute shall be submitted for resolution to the Judicial Arbitration and Mediation Services (“JAMS”), or its successor (“Mediation”) in Chicago, Illinois. If the mediator is unable to amicably resolve the Dispute, then the mediator will refer the matter to a JAMS arbitrator to resolve the Dispute. Neither party shall seek, nor shall be entitled to seek, binding outside resolution of the Dispute unless and until the parties have been unable to amicably resolve the dispute as set forth in this Section, and then only in compliance with the procedures set forth in this Section. Except for Disputes relating to issues of (i) proprietary rights, including, but not limited to, intellectual property and confidentiality, and (ii) any provision of this Agreement which expressly or implicitly provides for the parties to reach mutual agreement as to certain terms, any Dispute not resolved by amicable resolution as set forth in this Section shall be governed exclusively and finally by arbitration described below.
(iii) Arbitration. Either party may initiate arbitration with respect to a Dispute by submitting a written demand at any time following Mediation.  Arbitration shall be administered by JAMS, or its successor, pursuant to the Comprehensive Arbitration Rules and Procedures.
 Either party may commence arbitration by notifying the other in writing that arbitration is desired and setting forth the topics to be arbitrated. Within thirty (30) days of mailing a notice of arbitration, the party receiving the notice may specify additional topics of arbitration in writing to the other party. Within fortyfive (45) days of the mailing of the notice of arbitration, the parties will confirm and attempt to identify an arbitrator associated with JAMS to resolve the Dispute.

If the parties cannot agree, JAMS will appoint an arbitrator who is a lawyer familiar with software as a service and information technology support services agreements.
 Except to the extent, if any, that law applicable to the dispute requires that arbitrators retain authority to award punitive damages, the arbitrators shall not have such authority.
 Each party will bear its own costs of the arbitration. The resulting award may be confirmed and reduced to judgment in any court of competent jurisdiction. With respect to any such post-arbitral judicial proceedings, the parties consent to the exercise of personal jurisdiction over them by the state and federal courts sitting in

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Milwaukee, Wisconsin and waive any objection that they would otherwise have to venue in such courts.
 The duty to arbitrate does not preclude either party from pursuing interlocutory or provisional relief pending arbitration in any court of competent jurisdiction if such relief is necessary in order to preserve the practical ability of the arbitrator to make an effective award or to avoid a genuine and substantial risk of injury that cannot be adequately remedied by an eventual arbitral award. Neither the pursuit of nor the failure to provide any such interlocutory or provisional remedy in court, however, shall relieve either party of the duty to pursue ultimate resolution of the dispute through arbitration as provided for herein.
 The arbitration shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (22) INJUNCTIVE RELIEF: Notwithstanding the provisions of Section 21, to the extent permitted by law, Badger Meter shall have the right to pursue injunctive, declaratory or other relief by the state and federal courts sitting in Milwaukee, Wisconsin and waive any objection that they would otherwise have to venue in such courts.
(23) NOTICES. All notices shall be in writing and delivered to the other party by means of: (a) personal delivery set forth below; (b) courier (signature required upon delivery); (c) recognized overnight courier, at the following address; (d) fax with proof of delivery; or (e) via electronic mail with proof of delivery: Notices sent by email will be effective when sent and notices posted on Badger Meter’s Portal will be effective upon posting. All notices must be provided in the English language.

If to Badger Meter:

Legal Department, Attn: Assistant General Counsel
4545 W. Brown Deer Road
Milwaukee, WI 53223
If to Customer:
(24) SURVIVABILITY. Any provision of this Agreement which by its nature should survive termination or expiration of this Agreement shall survive its expiration or termination. (25) LIMITATION OF CLAIMS. No action arising under or in connection with this Agreement, regardless of the form, may be brought by Customer more than four (4) years after Customer becomes aware of or should reasonably have become aware of the occurrence of events giving rise to the Claim.

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MASTER AGREEMENT
©2020 Badger Meter, Inc.
(26) FORCE MAJEURE. Neither party shall be liable to the other or any third party by reason of any failure or delay of its obligations under this Agreement where the delay or failure results from any cause beyond its reasonable control, including, but not limited to, acts of God, fires, storms, floods or other acts of nature, explosions, systemic electrical telecommunications or other utility failures, earthquakes, hurricanes, tornados, natural disasters, strikes, shortage of materials, work stoppage or other labor dispute, embargoes, riots, insurrections, acts of war or terrorism, or any action or restraint by court order or public or governmental authority (“Force Majeure Event”). The party subject to the Force Majeure Event agrees to use commercially reasonable efforts to minimize the impact of the Force Majeure Event on the other party.
(27) AMENDMENT. This Agreement may only be amended by a written document signed by both parties. Badger Meter will not be bound by and specifically objects to any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by Customer in any receipt, acceptance, confirmation, agreement, purchase order, correspondence or other documentation. If the terms of this Agreement are not consistent with the terms contained in any policy, the terms contained in this Agreement will control, except that the Service Terms will control over this Agreement.
(28) ENTIRE AGREEMENT. This Agreement, including all applicable Exhibits and policies, constitutes the entire agreement between the parties with regard to its subject matter. This Agreement supersedes all prior or contemporaneous agreements, discussions, negotiations, undertakings, communications, representations or proposals, whether written or oral. (29) ORIGINALS, COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which together will be deemed to constitute one and the same document. This Agreement may be executed and delivered by facsimile signature or portable document format (.pdf) by electronic mail.

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IN WITNESS WHEREOF, the authorized representatives of the parties hereby bind the parties to this BEACON SaaS Managed Solution Master Agreement by signing below:

BADGER METER, INC CITY OF EL PASO DE ROBLES
Signature Signature
Printed Name Printed Name
Title Title
Date Date

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EXHIBIT 1
FEES

1. Service Fees. Customer agrees to pay the following Service Fees, as consideration for the right to access and use the Portal, Service and Documentation during the Term, as well as applicable Taxes.

2. Invoicing. Badger Meter shall issue invoices to Customer for Service and Support Fees on a monthly basis. Undisputed payments are due within thirty (30) days of the date of the invoice.

3. Interest and Costs. Customer agrees that it will be responsible to pay Badger Meter for any collection expenses incurred by Badger Meter, including interest at the highest interest rate permitted by law.

BEACON Monthly Endpoint Subscription Fee
Hourly Data, Once Daily Call-in: $0.88 per endpoint per month (per quote 3492147) Year 1 $0.88
Year 2 $0.89
Year 3 $0.90
Year 4 $0.91
Year 5 $0.92
Year 6 $0.93
Year 7 $0.94
Year 8 $0.95
Year 9 $0.96
Year 10 $0.97
Year 11 $0.98
Year 12 $0.99
Year 13 $1.00
Year 14 $1.01
Year 15 $1.02
Year 16 through 20 Limited to Core
Producer Price
Index
Invoicing for monthly endpoint subscription fee starts at time of endpoint activation or 6 months from date of shipment, whichever comes first.

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EXHIBIT 2

SERVICE LEVEL AGREEMENT
This Service Level Agreement (“SLA”) will go into effect upon completion of Endpoint Provisioning, which is the point during meter installation when the endpoint is installed and verified to provide data to the BEACON SaaS Managed Solution.

1. CUSTOMER SUPPORT.

Service Levels. Within one (1) hour after a request for Customer Support Services from Customer, Badger Meter will respond to such request in accordance with the procedures set forth below. Customer may report the problem by phone, email or website provided by Badger Meter to Customer. Badger Meter will use commercially reasonable efforts to meet the response and resolution times set forth below:

Severity Level Response Time Resolution Time
Level 1 – Service is
unavailable
one (1) hour six (6) hours
Level 2 – certain
interruptions but
service is still available
twenty-four (24) hours twenty-four (24) hours
Level 3 – minor
intermittent
malfunction
twenty-four (24) hours three (3) days
Level 4 – suggestions
for new features or
enhancements to
BEACON Portal and
Service
twenty-four (24) hours Evaluated, scheduled and
prioritized for potential
inclusion in upcoming
releases.

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2. BEACON PORTAL AND SERVICE AVAILABILITY PROMISE.

Badger Meter will use commercially reasonable efforts to fulfill the following Service Promise:
 BEACON Portal and Service Availability of 99% within each calendar month of the agreement term, excluding any Emergency Downtime, Scheduled Downtime, any unavailability of the Portal and Service due to any Force Majeure Event and any unavailability of the Portal and Service less than fifteen (15) minutes in duration following written notice thereof.

Definitions
“Availability” is the monthly uptime percentage with normal functionality of the Portal and the Service, calculated as described below.
“Emergency Downtime” means any unavailability of the Portal or Service due to a temporary suspension by Badger Meter to perform maintenance to address any, urgent and unexpected issue with the Portal or Service.
“Scheduled Downtime” means any unavailability of the Portal or Service due to scheduled maintenance. Scheduled maintenance may occur between 10:00 p.m. on Saturday to 4:00 a.m. on Sunday (Pacific Time) every week. Badger Meter shall have the right to change the scheduled maintenance times upon notice to Customer posted on the BEACON Portal.

CALCULATION of BEACON Portal and Service Availability:

Availability is measured by Badger Meter through standard monitoring software that tests the application availability at least every five (5) minutes and logs unavailability incidents (date and UTC time) for each monitored component.

Availability is calculated as the percentage of uptime in the applicable calendar month, excluding scheduled downtime:
1 െ 𝑇𝑜𝑡𝑎𝑙 𝑈𝑛𝑎𝑣𝑎𝑖𝑙𝑎𝑏𝑖𝑙𝑖𝑡𝑦 𝑀𝑖𝑛𝑢𝑡𝑒𝑠
𝑇𝑜𝑡𝑎𝑙 𝑀𝑖𝑛𝑢𝑡𝑒𝑠 𝑜𝑓 𝑆𝑒𝑟𝑣𝑖𝑐𝑒 𝑀𝑜𝑛𝑡ℎ െ 𝑇𝑜𝑡𝑎𝑙 𝑀𝑖𝑛𝑢𝑡𝑒𝑠 𝑜𝑓 𝐴𝑝𝑝𝑟𝑜𝑣𝑒𝑑 𝐷𝑜𝑤𝑛𝑡𝑖𝑚𝑒 Where:
“Total Unavailability Minutes” is the cumulative unavailability time in minutes in the applicable month where the Portal and Service are not available due to unplanned outages or from systematic errors on the part of Badger Meter,
“Total Minutes of Service Month” is the cumulative time in minutes in the month in question, calculated by taking the number of days in month x 24 hours/day x 60 minutes/hour, and

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MASTER AGREEMENT
©2020 Badger Meter, Inc.
“Total Minutes of Approved Downtime” is the cumulative time in minutes in the applicable month where the Supplier applications are not available due to scheduled downtime ; other planned scheduled outages, or approved exclusion conditions as defined in this Agreement.

In order to be included within the Total Unavailability Minutes: (a) Customer shall notify Badger Meter, in writing, via email([email protected]) of the unavailability of the Portal or the Service; (b) such unavailability shall be greater than fifteen (15) minutes in duration following Badger Meter’s receipt of such notice; and (c) Customer shall notify Badger Meter, in writing, via email within twenty-four (24) hours of such unavailability that it should be included within the Total Unavailability Minutes unless such unavailability is due to any Emergency Downtime, Scheduled Downtime, or any unavailability of the Services due to any Force Majeure Event.

Service Credits
If Badger Meter fails to meet the BEACON Portal and Service Availability Promise, the following Service Credits will be calculated as follows:

Service Credit = Endpoint Service Units Consumed in the Month * (1 - Availability) rounded to the next whole number
For example;
Availability Service Credit (Service Units per 1,000
Service Units consumed in the month)
95% 50
90% 100
80% 200
70% 300
60% 400
50% 500
Service Credit will be added to Customer’s account in the form of pre-paid Service Units for the same endpoint type(s).

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3. MONTHLY BILLING DATA SERVICE PROMISE.

Badger Meter will use commercially reasonable efforts to fulfill the following Service Promise:
 The BEACON SaaS Managed Solution will successfully provide Monthly Billing Data for at least 98.5% of provisioned accounts at the time of billing request to the BEACON Saas Managed Solution.

Definitions
“Managed Solution” is a system that consists of a network deployment using fixed network and/or cellular endpoints, where Badger Meter maintains the responsibility for managing the reading hardware and software for system operation over the Term of the Agreement. “Provisioned Accounts” are accounts with cellular or fixed network endpoints that are discovered by the network, fully able to communicate with the network, and completely entered correctly in the BEACON SaaS Managed Solution.
“Monthly Billing Data” is a valid meter reading obtained within three (3) days of the billing as performed through the BEACON SaaS Managed Solution to provisioned accounts.

CALCULATION of Monthly Billing Data Service Promise for Provisioned Accounts:

Monthly Billing Data success rate is calculated by the count of accounts in the billing cycle with meter read data within three (3) days (“Count of Billing Reads”) divided by the number of active and Provisioned Accounts in the billing cycle (“Count of Total Billing Cycle”).

Count of Total Billing Cycle
Count of Billing Reads
Where:
“Count of Billing Reads” is the total number of accounts in the billing file with valid data that a billing quality reading is supplied for managed solution endpoints. “Count of Total Billing Cycle” is the total number of accounts with valid data in the billing file being processed for managed solution endpoints.

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If Customer suspects that the Monthly Billing Data Service Promise has not been met for a particular Billing Cycle, (a) Customer shall notify Badger Meter, in writing, within twenty-four (24) hours of the occurrence, via email ([email protected]) of the Count of Billing Reads and Count of Total Billing Cycle of managed solution endpoints; (b) the specific time and date when the billing read file was generated.

Service Credits
If Badger Meter fails to meet the Monthly Billing Data Service Promise, Service Credits will be calculated as follows:

Service Credit = Managed Solution Endpoint Service Units Consumed in the Month * (1 - Monthly Billing Data Success Rate) rounded to the next whole number For example;
Monthly Billing Data Success Rate Service Credit (Service Units per 1,000 Service Units consumed in the month)
95% 50
90% 100
80% 200
70% 300
60% 400
50% 500
Service Credit will be added to Customer’s account in the form of pre-paid Service Units for the same endpoint type(s).

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4. MISCELLANEOUS.

Exclusions
The BEACON Portal and Service Availability Promise and Monthly Billing Data Service Promise do not apply to any of the following performance issues, in addition to other exclusions herein:
(i) Resulting from any actions or inactions of Customer, its Authorized Users or Authorized Consumers in accordance with the restrictions and requirements of this Agreement; (ii) Resulting from Customer or its suppliers equipment, software, or other technology and/or Customer’s third party equipment, software, or other technology outside of Badger Meter’s control;
(iii) Caused by failures, including, but not limited to, internet connectivity, port availability, firewall configuration, or cellular networks at Customer’s location; (iv) Resulting from Customer’s breach of any term or condition under the Agreement; (v) Caused by unexpected or unintentional RF interference or signal obstruction caused by sources not present or not in use during endpoint installation; (vi) Caused by intentional RF interference or signal obstruction not present during endpoint installation, caused by third parties;
(vii) Caused by Customer, an Authorized User’s or an Authorized Consumer’s misuse or abuse of the Portal or Service;
(viii) During an event triggering a disaster recovery and for a twenty-four (24) hour period after the resumption of the Service following such an event to allow for the system to return to normal operating ranges;
(ix) Arising from Badger Meter’s suspension or termination of Customer’s right to use the BEACON Managed Solution in accordance with the Agreement; (x) Arising from failure of Customer to follow Badger Meter’s published installation, operation and maintenance instructions and Clarifications from Badger Meter’s Preliminary Network Design;
(xi) When outdoor temperatures either exceed or are below the endpoint operating temperature range as described in the applicable product data sheet. (xii) Accounts read using manual, touch read, handheld and mobile technology are not included as part of the Monthly Billing Data Service Promise, as these reading technologies are outside of Badger Meter’s control.

In the event Badger Meter does not meet a Service Promise hereunder, Badger Meter will conduct a commercially reasonable root cause analysis of the Service promise failure. If Badger Meter’s analysis is inconclusive, or if Badger Meter concludes that circumstances outside of Badger Meter’s control caused the Service promise failure, or if Badger Meter concludes that a failure falls under any other exclusions described hereunder, Customer will not be entitled to a Service Credit. If Badger Meter’s analysis is conclusive and that circumstances within Badger Meter’s control caused the Service failure, Customer will be eligible to receive a Service Credit as described above.

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EXCEPT AS EXPRESSLY PROVIDED IN THIS SLA, THE SERVICE CREDITS SPECIFIED IN THIS SLA WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BADGER METER’S FAILURE TO MEET THE SERVICE PROMISE SPECIFIED IN THIS SLA.

Badger Meter will report Service Promises and applicable Service Credits upon request and upon a commercially reasonable frequency. Following each report, upon Customer request, the parties will discuss such performance and the extent to which any Service Credits either are appropriate or should be modified due to circumstances not captured by the reporting methodology.

Upon agreement concerning the Service Credits due, such Service Credits will be applied against Badger Meter’s charges in the months following the month in which the credits were incurred.

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EXHIBIT 3
BEACON SaaS MANAGED SOLUTION SECURITY POLICY

1. BEACON SaaS Portal and Service Information Security Program. Badger Meter maintains an information security program (including the adoption and enforcement of internal policies and procedures) designed to (a) support the BEACON SaaS Managed Solution, (b) identify reasonably foreseeable and internal risks to the BEACON Portal and Service security and unauthorized access to the Badger Meter Network, and (c) minimize security risks. The BEACON Portal and Service information security program includes the following measures:

1.1 Network Security. The Badger Meter Network is electronically accessible to employees, and contractors necessary to provide the Portal and Service. Badger Meter maintains access controls and policies to manage what access is allowed to the Badger Meter Network from each network connection and user, including the use of firewalls or functionally equivalent technology and authentication controls. Badger Meter maintains corrective action and incident response plans to respond to potential security threats.

1.2 Physical Security.

1.2.1 Physical Access Controls. Physical components of the Badger Meter Network are housed in nondescript facilities (the “Facilities”). Physical barrier controls are used to prevent unauthorized entrance to the Facilities both at the perimeter and at building access points. Passage through the physical barriers at the Facilities requires either electronic access control validation (e.g., card access systems, etc.) or validation by human security personnel (e.g., contract or in-house security guard service, receptionist, etc.). Employees and contractors are assigned photo-ID badges that must be worn while the employees and contractors are at any of the Facilities.

Visitors are required to sign in with designated personnel, must show appropriate identification, and are assigned a visitor ID badge that must be worn while the visitor is at any of the Facilities, and are continually escorted by authorized employees or contractors while visiting the Facilities.

1.2.2 Limited Employee and Contractor Access. Badger Meter provides access to the Facilities to those employees and contractors who have a legitimate business need for such access privileges. When an employee or contractor no longer has a business need for access privileges, the access privileges are promptly revoked, even if the employee or contractor continues to be an employee of Badger Meter or its affiliates.

1.2.3 Physical Security Protections. All major access points (other than main entry doors) are maintained in a secured (locked) state. Access points to the Facilities are monitored by video surveillance cameras designed to record all individuals accessing the Facilities. All physical access to the Facilities by employees and contractors is logged and routinely audited.

1.2.4 Pre-Employment Screening. Badger Meter conducts criminal background checks, as permitted by applicable law, as part of pre-employment screening practices for

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MASTER AGREEMENT
©2020 Badger Meter, Inc.
employees commensurate with the employee’s position and level of access to the Facilities. Badger Meter will not permit an employee to have access to the non-public Customer Data or perform material aspects of the Service if such employee has failed to pass such background check.

2. Continued Evaluation. Badger Meter will conduct periodic reviews of the security of its Badger Meter Network and adequacy of its information security program as measured against industry security standards and its policies and procedures. Badger Meter will continually evaluate the security of its Badger Meter Network and associated Service to determine whether additional or different security measures are required to respond to new security risks or findings generated by the periodic reviews.

3. Customer Responsibilities. System security is a shared responsibility between Badger Meter and Customer. Customer shall assign a systems service administrator to be responsible for establishing access and usage policies. Customer shall develop commercially reasonable policies and procedures to insure physical security, establishing account access approvals and procedures, conduct regular reviews of access rights, and provide security awareness training for staff using the Service. The administrator shall also be responsible for policies and procedures related to Authorized Consumers access to their individual data resident on the Network.

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EXHIBIT 4

BEACON TERMS OF USE

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Badger Meter BEACON AMA Terms of Use
Last modified: March 28, 2014
Note: These Terms of Use apply only where not superseded by a governing Badger Meter BEACON AMA Master Software as a Service Agreement.

Acceptance of the Terms of Use
Welcome to the BEACON AMA website of Badger Meter, Inc. ("Company", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference, these "Terms of Use", govern your access to and use of https://beaconama.net/, including any content, functionality and services offered on or through https://beaconama.net/, (the "Website").

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://beaconama.net/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.

Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy (https://beaconama.net/privacy) and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.

Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or ®

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interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks
The Company name, the terms, including, but not limited to, BADGER METER, BEACON, MAKING WATER VISIBLE, ORION , the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Website.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Monitoring and Enforcement; Termination
We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS

AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES

DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

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These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://beaconama.net/privacy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials.

These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy https://beaconama.net/privacy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features
You may not link to our website at this time.

Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions
The owner of the Website is based in the state of Wisconsin in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE

LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL

MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF

THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY

WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS

THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR

UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE

LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE

WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH

THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,

INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF

BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin, in each case located in the City of Milwaukee and County of Milwaukee, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Badger Meter, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns
This website is operated by Badger Meter, Inc, at 4545 West Brown Deer Road, Milwaukee, WI 53223.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to:
[email protected].

Thank you for visiting the Website.

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BADGER METER

BEACON SAAS MANAGED SOLUTION

EXHIBIT 5

BEACON PRIVACY POLICY

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BEACON AMA and EYEONWATER Privacy Policy
("Privacy Policy")
Last Updated / Effective Date: August 11, 2022
Badger Meter, Inc. (“Badger Meter” or "we" or "us") owns and operates the BEACON AMA and EYEONWATER metering analytics platforms located at https://beaconama.net/ and https://eyeonwater.com/ (“Platforms”). We respect your privacy when you use our Platforms.

In this Privacy Policy, we describe the types of information that we collect when you use the Platforms, how we use that information, and how we may share that information.

Please note that this Privacy Policy does not apply to our corporate Website, www.badgermeter.com which is subject to its own Privacy Policy located at Privacy Policy | Badger Meter.

We may modify this Privacy Policy at any time. All changes will be effective immediately upon posting to the Platforms. Material changes will be conspicuously posted on the Platforms or otherwise communicated to you.

Categories of Personal Information We Collect
For purposes of this Privacy Policy, “Personal Information” ” means information that alone or in combination identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

The chart below lists the categories of Personal Information we may collect, as well as the categories of sources, the purpose(s) for such collection, and the categories of third parties and/or service providers with which we may share Personal Information.

Category Examples Categories of
Sources from Which
Personal Information
Was Collected
Purposes for Collection Categories of Third Parties and/or Service Providers with Which We May Share Personal
Information
Identifiers - Full Name
- Mailing Address
- Internet Protocol
Address (“IP Address”)
- Email Address
- Account User ID and
password
- Telephone number
- Zip Code
Directly from your
water utility via:
-the connection
between BEACON and
your water utility’s
billing system.

Directly from you via:
- Email Requests
- Creation of a
customer account
- To provide the Platforms to
you
-To respond to your requests
or inquiries
-To protect our legal rights
and rights of third parties
Third Parties and Services Providers: All Personal
Information may be shared with our service
providers.

Affiliates: All Personal Information may be shared
with our affiliates or subsidiaries.

Advisors: All Personal Information may be shared
with professional advisors (e.g. attorneys and
accountants)
Legal Requests: All Personal Information may be
shared with the government or law enforcement (as
further described below)
New Owners: All Personal Information may be
shared due to a change in control or insolvency
event (with prospective new owners or subsequent
owners)
Protection of Legal Rights; We may use Personal
Information to protect our legal rights or to protect
the rights of third parties
Commercial
Information
-Information about
your water meter,
including its location,
and your water usage.

Directly from your
water utility via:
-the connection
between BEACON and
your water utility’s
billing system.
-To provide the Platforms to
you
-To respond to your requests
-To improve products and
services
-To protect our legal rights
and rights of third parties
Third Parties and Services Providers: All Personal
Information may be shared with our Service
Providers.

Affiliates: All Personal Information may be shared
with our affiliates or subsidiaries.

Advisors: All Personal Information may be shared
with professional advisors (e.g. attorneys and
accountants)
Legal Requests: All Personal Information may be
shared with the government or law enforcement (as
further described below)
Protection of Legal Rights; We may use Personal
Information to protect our legal rights or to protect
the rights of third parties
New Owners: All Personal Information may be
shared due to a change in control or insolvency
event (with prospective new owners or subsequent
owners)
Internet Activity -Browsing history
-Search History
-Information regarding
your interactions with
the Platforms,
application, or
advertisement
Automatically when
you visit or interact
with the Platforms via:
- Search boxes and
other tools
- Trackers like cookies
-To help with proper
Platform function
-To provide personalized
experiences
-To tailor interactions with
you
Third Parties and Services Providers: All Personal
Information may be shared with our service
providers
Affiliates: All Personal Information may be shared
with our affiliates or subsidiaries.

Advisors: All Personal Information may be shared
with professional advisors (e.g. attorneys and
® ®
® ®

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Category Examples Categories of
Sources from Which
Personal Information
Was Collected
Purposes for Collection Categories of Third Parties and/or Service Providers with Which We May Share Personal
Information
-Electronic device
identifier
-Hardware information
-Operating system
version
-Browser type and
version
-Browser language
- Cookie information
- System type
- Access times
- Referring Platforms
URLs
-To help improve the
Platforms
-To understand how you get
to the Platforms
- To protect our legal rights
and rights of third parties
accountants)
Legal Requests: All Personal Information may be
shared with the government or law enforcement (as
further described below)
Protection of Legal Rights; We may use Personal
Information to protect our legal rights or to protect
the rights of third parties
New Owners: All Personal Information may be
shared due to a change in control or insolvency
event (with prospective new owners or subsequent
owners)
Categories of Sources
We may collect all categories of Personal Information listed above from the following categories of sources:

SOURCE 1: We Collect Personal Information Directly from You We collect Personal Information when you provide it to us, such as when you call or email us. Personal Information is required to use certain Platform features, for example, to contact us via email or an online form (where we may retain your message's content and our response).

Online Forms. We collect Personal Information from you when you fill out online forms on our Platforms with your contact information and inquiry, such as when you request technical support.

Email Notifications. We collect your email address when you sign-up to receive email notifications on our Platforms. You may opt-out of emails or contacting us at [email protected].

Feedback. When you provide comments or feedback about our Platforms ("Feedback"), we will not treat that Feedback as confidential and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you. When you send us feedback through our Platforms, we may use a third party or service provider to gather that information.

SOURCE 2: We Collect Personal Information Automatically Automatically Collected Data. We may collect certain types of information and data automatically, some of which is considered Personal Information depending on your place of residence or where you are located. For example, we collect system type, access times, external links you clicked to reach our Platforms, data collected by the servers used to operate the Platforms, data collected by cookies, and data collected by analytics. That information includes your Internet protocol (“IP”) address, your zip code, type of browser, operating system, search requests, website traffic information, the date and time you visited the Platforms, the amount of time you used the Platform, the pages you visited, any device you are using to access the Platform, and any hyperlinks you click on when using the Platforms. Badger Meter may use third parties and/or services providers to collect, track and process the information automatically collected through our Platforms.

Cookies. In order to gather more information about Platform usage, our Platform uses various types of cookies,. We use third parties and/or service providers to help us set cookies and provide us with information received by those cookies. A “cookie” is a small text file that we save onto your computer or device when you use the Platforms. The cookie provides us certain information about your activities when using our Platforms. Cookies remember your actions and preferences and recognize you or your browser, along with some information you provide. The Services automatically use cookies to facilitate and enhance your user experience.

First Party and Third-Party Cookies. Cookies may either be “first-party” or “third-party” cookies. First-party cookies are set by Badger Meter on the Platforms.

Third-party cookies are set by a third-party or service provider on Badger Meter's Platforms.

What is Collected and Why? We use cookies and other tracking technologies to learn whether the Platform is operating optimally, to learn whether you are a repeat user of our Platforms, to provide us with valuable data and statistics about the usage and effectiveness of our Platforms, and to enable us to provide an enjoyable, personalized and innovative online experience for you. We may combine information gathered from cookies with other Personal Information.

Generally, the type of information we collect through cookies is specific to your computer or other device and includes the IP address, date and time the device accessed our Platforms, what parts of our Platforms were visited, your internet services provider, the device ID number, approximate geographic location, browser type, the websites you visit before and after coming to our Platforms, and whether the web pages requested were delivered successfully.

How Long do Cookies Last? The Platform uses session cookies and persistent cookies:

Session Cookies exist only for so long as you are visiting the applicable website and are typically deleted when you exit your web browser Persistent Cookies either do not have a set expiration date or exist for a set period of time such as several months or years. Each time you visit a website that has implemented a persistent cookie, the persistent cookie is renewed, and that cookie will remain active until its predetermined expiration date or until you manually delete such cookie. You can manually delete persistent Cookies through your browser settings.

Disabling Cookies. Most browsers automatically accept cookies. You can disable this function but disabling cookies may impact your use and enjoyment of the Platforms. Not all features or functions of the Platforms may work properly if you disable cookies. You cannot disable all cookies, such as cookies that are essential to the functioning of the Platform.

DO NOT TRACK. SOME BROWSERS HAVE A “DO NOT TRACK” FEATURE THAT ALLOWS YOU TO TELL A US THAT YOU DO NOT WANT TO HAVE YOUR ONLINE ACTIVITIES TRACKED. IN ADDITION TO SETTING THE BROWSER FEATURE, PLEASE SEND AN EMAIL TO [email protected] AND STATE YOU DO NOT WANT TO BE TRACKED.

Analytics Tools We Use. The following is a list of the tools our Platforms use to help gather more information about site usage:

Collection of data through the Internet Service provider (IP address, time, location, browser, etc.) Forms
De-Identified / Aggregated Data
We may aggregate or de-identify Personal Information and other information to create anonymous, aggregate data about users of the Platforms, which describes users as a group but does not reveal the identity of individual users. Any information or data that has been de-identified and/or aggregated so that it no longer contains Personal Information will not be treated as Personal Information (for example, we may aggregate Personal Information to calculate the percentage of users in a particular zip code).

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Badger Meter is the sole and exclusive owner of any information or data that it collects or creates which does not identify a natural person (including Personal Information that has been de-identified and/or aggregated). Badger Meter may use or share such de-identified or aggregated data for any business purpose as determined in its sole discretion, in compliance with applicable laws.

Purpose for Collecting Personal Information
We may use all categories of Personal Information listed above for the following business purposes:

As Stated or Agreed to at the Point of Collection. We may use Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection. For example, we use Personal Information to respond to your questions, comments, or complaints. We may also use Personal Information as requested or consented to by you.

Administration. We use Personal Information for administrative purposes, such as managing your accounts, facilitating transactions, to inform our business strategies, to understand the Platforms’ demographics and user preferences, for evaluating applications, and managing profiles.

Platform Management. We use Personal Information for Platform management, such as troubleshooting problems, improving the content and functionality of the Platforms, statistical and other analyses of the Platforms, and to customize the Platforms to you and our users.

Communications. We may use Personal Information to notify you of new services, products or programs, to notify you of new features of our Platforms, to notify you of changes to our Terms or this Privacy Policy, and for other similar communications.

To Protect Our Rights. We may use Personal Information to protect our legal rights or interests, or those of third parties, including to bring a legal action against you or anyone who may be causing harm to us, our Platforms, or to other users of the Platforms. We may also use Personal Information to address any DMCA claims or counterclaims to seek business, financial or legal advice, and to respond to other legal requests.

Categories of Third Parties with Whom We Share Personal Information We may share all categories of Personal Information listed above with the following categories of third parties and/or service providers:

Employees and Affiliates. We may share Personal Information with our employees who have a need to know the information for our business purposes.

Third Parties and/or Service Providers. Badger Meter may periodically work with suppliers, consultants, agents, partners, licensors and representatives (including without limitation, email service suppliers).

These other parties and Badger Meter may collect information, including Personal Information when you use our Platforms. Those other providers may also provide Badger Meter with a variety of services, including without limitation, data collection and analysis, reporting, analytical information, to help us improve the content, security and functionality of the Platforms, technical support, data processing, and other Platform management. We may share Personal Information we collected with these third parties and/or service providers. We require that all our service providers protect any Personal Information they collect or receive in compliance with all applicable laws and limit the use of such Personal Information.

Government Officials / Law Enforcement/Protection of Legal Rights. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Badger Meter or any other party.

Professional Advisors. We may share Personal Information with professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Badger Meter.

Change in Ownership. In the event Badger Meter is the subject of a change of control or in the event the Platforms change ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the prospective subsequent owner(s).

Other. We may share Personal Information with third parties and/or service providers when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).

Children
The Platforms are not directed at children under 16 years of age. We do not knowingly collect, use, share or sell Personal Information from children under 16.

If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.

For clarity, and without limiting the foregoing, we do not sell the Personal Information of anyone under the age of 16 years old without affirmative authorization.

Data Security
We have implemented commercially reasonable technical and organizational measures designed to reduce the risks of accidental or unauthorized loss, access, use, alteration, and disclosure of Personal Information appropriate to the type of Personal Information processed. These measures include using Secure Socket Layer (SSL) technology to encrypt transaction data, and password-controlled access to parts of our Platforms. You are responsible for keeping your password confidential. We ask you not to share your password with anyone. If a breach of your Personal Information occurs, we will notify you of the breach if and as required under applicable law.

HOWEVER, NO DATA TRANSMISSION OVER THE INTERNET OR A MOBILE DEVICE CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO

PROTECT PERSONAL INFORMATION, WE DO NOT GUARANTEE THE SECURITY OF ANY PERSONAL INFORMATION AND YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK.

Third-Party Websites
The Platforms may link to, or be linked to, websites not owned or controlled by Badger Meter. Badger Meter is not responsible for the privacy policies or practices of any third parties or any third-party websites. This Privacy Policy does not apply to any third-party websites or to any Personal Information that you may provide to third parties. You should read the privacy policy for each website that you visit.

Your California Privacy Rights
This section provides additional provisions applicable to residents of California.

We Do Not Sell Personal Information. In the last 12 months we have not Sold your Personal Information and we currently do not Sell Personal Information. “Sale” / “Sold” / “Sell” has the definition set forth in the California Consumer Privacy Act of 2018 (“CCPA”).

We Have Not Disclosed Personal Information for a Business Purposes. In the last 12 months we have not disclosed your Personal Information for a Business Purpose. “Business Purpose” has the definition set forth in the CCPA.

Individual Rights. If you are a resident of California, you have certain rights under the CCPA, such as the right to request certain information, request deletion of your personal information, and the right not to receive discriminatory treatment for exercising any of your rights. Subject to certain limitations such as (a) exceptions permitted by applicable law and (b) verification of your identity, you may exercise your rights by contacting us as set forth below in the section titled “Your Rights and Choices.”
Shine the Light. Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, by contacting us per the “Contact Us” Section below.

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Paso Robles City CouncilNovember 7, 2023

Paso Robles City Council
November 7, 2023