Agenda packet, regular meeting, second session — Banning City Council, May 14, 2024 (part 3 of 6)

RESOLUTION 2024-69

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

APPROVING THE FUNDING AGREEMENT BETWEEN THE CITY OF BANNING AND THE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE

BANNING WATER CANYON STORM WATER PERCOLATION BASINS EMERGENCY REPAIR PROJECT NO. 5-0-10001
WHEREAS, the City owns and operated 36 water recharge/percolation basins (“Basins”) in the Banning Water Canyon, which were damaged by Tropical Storm Hilary in 2023 and worsened by debris flows related to the Apple Fire of August 2020. The Basins are in need of repairs (i.e. slope grading and inlet/outlet piping) and dredging (“Project”); and WHEREAS, recognizing that the Project is essential in that it will reduce demand on imported water and represents a potential for new local water source, the Riverside County Flood Control and Water Conservation District (RCFC&WCD) have agreed to assist in funding 75%, up to $750,000, of the project costs; and
WHEREAS, City staff anticipates the total cost of the project to be approximately $1,000,000 and the City’s match of 25% will be funded by Fund 660 (Water Operations).

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

SECTION 1. The City Council approves the Funding Agreement between the City of Banning the Riverside County Flood Control and Water Conservation District for the Banning Water Canyon Storm Water Percolation Basins Emergency Repair Project No. 5-0-10001; and SECTION 2. The Mayor shall sign the Funding Agreement.

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

PASSED, APPROVED AND ADOPTED this 14th day of May, 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
730
Resolution 2024-69

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APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
731
Resolution 2024-69

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CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-69, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
732
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FUNDING AGREEMENT
Banning Water Canyon Storm Water
Percolation Basins Emergency Repair
Project No. 5-0-10001
This Funding Agreement ("Agreement"), dated as of __________________, 2024, is entered into by and between the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic ("DISTRICT") and the CITY OF BANNING, a municipal corporation ("CITY"). DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party". Parties hereby agree as follows:

RECITALS
A. DISTRICT has budgeted for, and CITY has prepared a scope of work for, the construction, operation and maintenance of Banning Water Canyon Storm Water Percolation Basins ("PROJECT"); and
B. PROJECT was affected by Tropical Storm Hilary in 2023 and the debris from the Apple Fire has worsened the impact on the basins. PROJECT is essential because it reduces the demand for imported water, represents a potential new local water source and water conservation initiatives for the area; and
C. PROJECT has the potential to also serve as water quality basin sites that will benefit DISTRICT's Watershed Protection and Stormwater Quality Program; and D. CITY plans to dredge out several stormwater percolation basins to reduce debris and sediment for PROJECT and DISTRICT is willing to contribute funding toward the construction of PROJECT; and
E. DISTRICT's financial contribution to PROJECT shall be as follows, subject to the not to exceed amount provided herein. Up to seventy-five percent (75%) of all costs associated with the lowest responsible bid contract price for construction of PROJECT 733
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("CONSTRUCTION CONTRIBUTION"). CONSTRUCTION CONTRIBUTION for PROJECT shall not exceed a total of Seven Hundred Fifty Thousand Dollars ($750,000); and F. DISTRICT wishes to provide only financial assistance to CITY and have no other role; and
G. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of CONSTRUCTION CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Pursuant to the California Environmental Quality Act ("CEQA"), as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. Prior to advertising PROJECT for public works construction contract, obtain all necessary permits, licenses, agreements, approvals, rights of way, rights of entry, encroachment permits, and temporary construction easements as may be needed to construct, operate and maintain PROJECT.

3. Upon execution of this Agreement, advertise, award and administer PROJECT pursuant to the applicable provisions of the California Public Contract Code and CITY's procurement policies and procedures (Policy No. B-30). At the time of advertising for bids, provide DISTRICT with a copy of PROJECT's scope of work, bid documents and any subsequent addenda thereto.
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4. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the CONSTRUCTION CONTRIBUTION amount.

5. At the time of providing written notice of the award of a construction contract for PROJECT, invoice DISTRICT (Attention: Special Projects Section) for CONSTRUCTION CONTRIBUTION, subject to and provided that, CONSTRUCTION CONTRIBUTION does not exceed a total sum of Seven Hundred Fifty Thousand Dollars ($750,000) for PROJECT. The lowest responsible bid contract amount shall be supported by a copy of CITY's bid abstracts for PROJECT.

6. Procure or cause to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as additional insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

7. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract.
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8. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager.

9. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.

10. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, inspection, operation and maintenance of PROJECT.

11. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.

SECTION II
DISTRICT shall:

1. Within thirty (30) days after receipt of CITY's invoices (i) pay all approved CITY invoices and (ii) review and approve associated documents as described in the RECITALS and SECTION I herein this Agreement, subject to and provided that CONSTRUCTION CONTRIBUTION shall not exceed, Seven Hundred Fifty Thousand Dollars ($750,000) for PROJECT.

2. Not be responsible to pay any amounts that exceed the CONSTRUCTION CONTRIBUTION for PROJECT.

SECTION III
It is further mutually agreed:

1. Notwithstanding any other provision herein this Agreement, CONSTRUCTION CONTRIBUTION shall not exceed a total sum of Seven Hundred Fifty Thousand Dollars ($750,000) and shall be used by CITY solely for the purpose of constructing 736
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PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.

2. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.

3. CITY shall indemnify, defend and hold harmless and require its construction contractor(s) to indemnify, defend and hold harmless DISTRICT and the County of Riverside (its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives (individually and collectively hereinafter referred to as "Indemnitees")) from any liability whatsoever, based or asserted upon any acts, omissions or services of CITY and CITY's construction contractor(s), (including their officers, employees, subcontractors, agents or representatives ("Indemnitors") arising out of or in any way relating to this Agreement, including, but not limited to, property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of Indemnitors from this Agreement. CITY or CITY's construction contractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited, to attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

4. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

5. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of Parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and Parties hereto waive all provisions 737
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of law providing for a change of venue in such proceedings to any other county. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party.

6. This Agreement is made and entered into for the sole protection and benefit of Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

7. Any and all notices sent or required to be sent to Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF BANNING
AND WATER CONSERVATION DISTRICT 99 E. Ramsey Street
1995 Market Street Banning, CA 92220
Riverside, CA 92501 Attn: Director of Public Works
Attn: Planning Division

8. This Agreement is the result of negotiations between Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

9. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.

10. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event such funds are not forth coming for any reason, DISTRICT shall 738
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immediately notify CITY in writing. The Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.

11. This Agreement is intended by Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of Parties hereto.

12. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.

13. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not Parties to this Agreement.

14. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. Parties further agree that the electronic signatures of Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by Party using it to have the same force and effect as the use of a manual signature, and 739
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shall be reasonably relied upon by Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. //
//
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT,
By
JASON E. UHLEY
General Manager-Chief Engineer
a body corporate and politic
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

MINH C. TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board
By

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement with City of Banning
Banning Water Canyon Storm Water
Percolation Basins Emergency Repair
Project No. 5-0-10001
04/18/24
AMR:blj
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RECOMMENDED FOR APPROVAL: CITY OF BANNING,
a municipal corporation
By

ALBERTO SANCHEZ
Mayor
APPROVED AS TO FORM: ATTEST:

By
SERITA R. YOUNG
City Attorney
By

CAROLINE PATTON
Administrative City Clerk
(SEAL)
Funding Agreement with City of Banning
Banning Water Canyon Storm Water
Percolation Basins Emergency Repair
Project No. 5-0-10001
04/18/24
AMR:blm
742
743

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Art Vela, Public Works Director
MEETING DATE: May 14, 2024
SUBJECT: Consideration of Resolution 2024-70, Approving a Professional Services Agreement with Kimley-Horn for Environmental Services for the Wastewater Treatment Plant Upgrades in an Amount Not-To-Exceed $212,181
RECOMMENDATION:

Adopt Resolution 2024-70.

BACKGROUND:

The City of Banning Wastewater Treatment Plant (WWTP), also known as the Water Reclamation Facility, provides for the collection, treatment, and disposal of municipal sewage. The City has recognized that the WWTP is in need of capacity and treatment improvements in order to keep up with the City’s growth as well as to produce a recycled water supply to bolster it’s water supply portfolio and to meet impending wastewater effluent discharge quality permit requirements.

On December 13, 2022, the City Council approved Resolution 2022-14UA, “Awarding a Professional Services Agreement to N2W Engineering to Provide Owner Advisor Services and Preliminary Engineering for the Wastewater Treatment Plant Improvement Project in a “Not-to-Exceed” amount of $1,576,430.

The City has plans to deliver the project utilizing a Progressive-Design-Build (PDB) approach and recently released a Request for Qualifications which will result in a shortlist of vendors who the City will then solicit proposals from.

The City will have to comply with California Environmental Quality Act requirements and since the project may receive federal funding, it is staff's recommendation that the City prepare an environmental clearance document that meets both State and Federal (National Environmental Protection Act; NEPA) requirements.

As a result, on February 22, 2024, staff released a Request for Proposals to vendors on the City’s approved list for On-Call Environmental and Engineering Consultant Services. In response, one proposal was received by Kimley-Horn. After evaluation of the proposal, staff recommends the award of a Professional Services Agreement to Kimley-Horn in the amount of $192,892 and to include a ten percent contingency for a total not-to-exceed amount of $212,181.

JUSTIFICATION:

The upgrades at the WWTP is considered a Project under CEQA and must comply with it's requirements. Compliance with NEPA will ensure that the City is positioned to receive Federal funding. 744
Kimley-Horn has submitted a proposal as a result of the City's RFP. The proposal was evaluated and found to be acceptable and the fee found to be in line with other projects of similar scope. Kimley-Horn is a reputable company that is capable of completing the scope of work.

FISCAL IMPACT:

The total cost of the Professional Services Agreement (PSA) with Kimley-Horn is for a "not-to-exceed" amount of $212,181, which includes a 10% contingency. The PSA will be funded by Account No. 680- 8000-454.95-12 (Treatment Plant Improv), which has an unused budget of $450,000 for the current fiscal year.

ALTERNATIVES:

Do not approve Resolution 2024-70. The WWTP upgrade and improvement project will not be able to move forward without compliance with CEQA and possibly NEPA (depending on funding sources).

ATTACHMENTS:

1. Resolution 2024-70, Kimley Horn WWTP.docx

2. Kimley-Horn Proposal_Banning WWTP_RFP 23-058.pdf

3. Kimley-Horn Fee.pdf

4. Draft Agreement WWTP Env. Compliance Kimley Horn.pdf 745
Resolution 2024-70

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RESOLUTION 2024-70

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

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN FOR

ENVIRONMENTAL SERVICES FOR THE WASTEWATER TREATMENT PLANT UPGRADES IN AN AMOUNT NOT-TO-EXCEED $212,181
WHEREAS, the City of Banning Wastewater Treatment Plant (WWTP), also known as the Water Reclamation Facility, provides for the collection, treatment, and disposal of municipal sewage. The City has recognized that the WWTP is in need of capacity and treatment improvements in order to keep up with the City’s growth as well as to produce a recycled water supply to bolster it’s water supply portfolio and to meet impending wastewater effluent discharge quality permit requirements; and
WHEREAS, the City will have to comply with California Environmental Quality Act requirements and possibly the National Environmental Protection Act requirements if Federal funds are obtained for the project; and
WHEREAS, on February 22, 2024, staff released a Request for Proposals to vendors on the City’s approved list for On-Call Environmental and Engineering Consultant Services. In response, one proposal was received by Kimley-Horn. After evaluation of the proposal, staff recommends the award of a Professional Services Agreement to Kimley-Horn; and WHEREAS, the total cost of the Professional Services Agreement (PSA) with Kimley-Horn is for a "not-to-exceed" amount of $212,181, which includes a 10% contingency. The PSA will be funded by Account No. 680-8000-454.95-12 (Treatment Plant Improv).

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

SECTION 1. Approving a Professional Services Agreement with Kimley-Horn for Environmental Services for the Wastewater Treatment Plant Upgrades in an Amount of $192,892 and approving a ten percent contingency for a total not-to-exceed amount of $212,181; and SECTION 2. Authorizing the City Manager or designee to make necessary budget adjustments, appropriations, and transfers related to the Professional Services Agreement and to approve change orders within the ten percent contingency; and
SECTION 3. Authorizing the City Manager to make non-substantive changes to the Professional Services Agreement and to execute the Professional Services Agreement with Kimley-Horn; and SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 14th day of May 2024.

Alberto Sanchez, Mayor
City of Banning
746
Resolution 2024-70

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ATTEST:

Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:

Serita R. Young, City Attorney
Richards, Watson & Gershon
747
Resolution 2024-70

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CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-70, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of May 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
748
Prepared for:

City of Banning
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
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Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  i
Table of Contents
Cover Letter...................................................................................................................... ii A. Statement of Understanding .........................................................................................2 B. Company Information ................................................................................................17 C. Company Personnel....................................................................................................19 D. Disclosure .................................................................................................................34 E. Experience and References ........................................................................................35 F. Price Proposal .............................................................................................................37 750
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  ii

COVER LETTER
March 25, 2024
City of Banning
99 East Ramsey St
Banning, CA 92220
RE: Proposal for Environmental Compliance Services for the Wastewater Treatment Plant Upgrades (RFP -23-058) Dear Members of the Selection Panel,
When seeking a consultant for your water needs, we recognize that the City of Banning is looking for a highly qualified and motivated consultant to provide the best quality of service. As a partner to many local agencies throughout California and nationwide, Kimley-Horn intimately understands local agency needs and is a recognized leader in environmental permitting and cultural resource management efforts associated with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). Kimley-Horn offers the following advantages to our local partners:

A PARTNER YOU CAN TRUST. At Kimley-Horn, providing timely, high-quality services is second nature—it’s engrained in our DNA and something we just do. Responsiveness is the cornerstone of our success in developing close client relationships, and we highly value our long-term partnerships with local municipalities. Our exceptional water/wastewater specialists have a long history with the Inland empire and Coachella Valley. Specifically in the City of Banning, our team has been a reliable partner on the 2022 Engineering Services On-Call. Kimley-Horn is pleased to bring the skills of your trusted partner and Project Manager Kevin Thomas, CEP, ENV SP who has 38 years of experience in leading teams to support water, wastewater, and other projects throughout Southern California. Through our partnership, we will continue to pay attention to and approach your projects with sound judgment based on your needs. We are here to serve you and listen to your concerns and act independently while partnering with you to deliver your projects.

LOCAL TEAM BACKED BY FIRMWIDE SPECIALISTS. Our local Southern California water team regularly works together on assignments for public water districts and municipalities. Together, they use their combined knowledge and skills to work on a variety of projects across various water-related disciplines. With local offices in Riverside, the Coachella Valley, and San Diego—in addition to nine other offices across California—we offer you the individual, personal service that you would expect from a local firm, with the manpower and technical resources of a nationally ranked engineering firm. We partner with Kimley-Horn’s nationwide water resources on an as-needed basis to complement our local team and address all your design needs, unique technical challenges, and circumstances seamlessly. We find that strong teamwork and team continuity among our local and national team has been intrinsic to providing quality services to our clients.

In addition, we have partnered with two firms to provide key technical studies: Blackhawk Environmental for biological resources and MAT Engineering to prepare a scoping agreement, trip generation memo, and vehicle miles traveled (VMT) screening analysis.

ONGOING COMMITMENT TO CEQA/NEPA COMPLIANCE AND DEFENSIBILITY. We consider it our responsibility to pose challenges to the City in order to identify and address any potential vulnerabilities to the assumptions, objectives, alternatives, and strategies used in the environmental documentation. As a result, we maintain an excellent record of defensibility on behalf of our clients. Project manager Kevin Thomas, CEP, ENV-SP has never had a CEQA or NEPA document successfully challenged in court.

At Kimley-Horn, we will do what it takes to help you find success in your water project needs. We take great pride in our ability to provide you with exceptional client service, and we pledge to provide you with prompt and proactive solutions. With Kimley-Horn, you can expect more and experience better—your needs are our top priority. If you have any questions or require additional information, please contact Kevin Thomas, CEP, ENV-SP through his contact information below.

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Kevin Thomas, CEP, ENV SP
Project Manager
951-543-9875
[email protected]
Kimley-Horn
3801 University Ave, Suite300
Riverside, CA 92501
751
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  1
Contract Exceptions
Kimley-Horn has reviewed the sample Agreement for Professional Services and would like to discuss the following modifications with the City.

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder and which relate the Insert Type of Work to be Completed prepared in connection therewith. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

5.3 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which to the extent arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c).

B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which to the extent arise out of, are claimed to arise out of, pertain to, or relate to the negligent acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole or active negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim for which Consultant is required to indemnify hereunder, with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which to the extent arise out of, are claimed to arise out of, pertain to, or relate to the negligent acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole or active negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.
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Proposal for
Environmental Services for the
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City of Banning  EVCA89003.2024  2
A. STATEMENT OF UNDERSTANDING
Understanding
This understanding of the Project is based on review of the provided Request for Proposal (“RFP”) and the attachments therein, records available online, and Kimley-Horn’s understanding of land use, the California Environmental Quality Act (“CEQA”), the National Environmental Policy Act (“NEPA”), and the Project scope of work.

The existing wastewater treatment plant (“WWTP”) consists of preliminary treatment, primary treatment, secondary treatment, solids handling, and evaporation/percolation ponds. The WWTP has the capabilities to provide disinfection, but these facilities are not currently in use. The WWTP effluent is currently in compliance with discharge requirements, but it requires significant upgrade to comply with impending water quality discharge limits set by the Regional Water Quality Control Board (“RWQCB”). In addition, the trickling filters (secondary treatment), have reached their end of life. Effluent from the WWTP is discharged into percolation ponds to recharge the Cabazon Groundwater Basin. Percolated waters can flow into other water agencies downgradient of the WWTP.

The City is proposing expansion and upgrades to the existing WWTP. The WWTP site is developed with a variety of structures and basins with some internal roadways. The project site is surrounded by vacant land and industrial uses to the north, vacant land and the Smith Creek to the east and south, and by vacant land and residential uses to the west. The existing General Plan designation and zoning for the Project site is Public Facilities.

It is understood that the City is seeking to utilize the Clean Water State Revolving Fund (“CWSRF”) as a mechanism for funding and as such would be required to meet additional requirements with respect to the environmental analysis of the Project. As such, Kimley-Horn has prepared the scope of work to meet the City’s requirements for the CWSRF.

The City is seeking a consultant to assist with the processing of the preparation of the environmental compliance documents for the Project.

Based on review of the site and evaluation of adjacent projects, it is assumed that an Initial Study / Mitigated Negative Declaration (“IS/MND”) with a CEQA-Plus analysis will be the required CEQA document for this project. This IS/MND with CEQA-Plus will meet additional requirements related to NEPA and other Federal Cross-Cutters. Kimley-Horn will prepare technical studies to evaluate the impacts of the Project. These technical studies are described in detail below as well as assumptions made by Consultant. Should the technical studies determine that an Environmental Impact Report (EIR) be necessary, a separate scope of work will be prepared at that time. The Scope was prepared based upon the City provided documentation and the technical studies assumed to be required by the City for environmental entitlement and permitting services.

Approach
Project approach
Kimley-Horn’s strategy for the planning and environmental process begins with reviewing available project documentation, considering changes that have occurred since previous plan preparation, and reviewing any technical studies that have been prepared for each project.

Building on this, our project team will prepare additional technical reports and planning and environmental analyses to create a thorough, complete administrative and technical record upon which new conclusions will be based. Many projects will consider a complex set of issues and concerns while balancing community, business, and public agency interests within the boundaries of the regulatory review process and procedures. Such complexities require creativity, extensive hands-on experience, and a commitment to carefully manage the project to successful completion, despite obstacles that may arise. This effort will require active participation and the application of a team approach from start to finish. Our team will facilitate and develop a collaborative process that will result in a successful planning and/or environmental project.

CEQA/NEPA Approach
We have developed a formula for success that results in the presentation of pertinent information to decision-makers for determination and certification. For a successful CEQA/NEPA review process and preparation of a high-quality environmental document, our approach includes:
• Identification of the individual, cumulative, and growth-inducing impacts on the environment that might result from implementation of the proposed improvements
• Facilitation of open communication and development of an understanding of project needs with Client staff to guide the overall approach and successful issue resolution
• Commitment of senior level management to provide close coordination with the Client for technical accuracy and carefully monitor budget and schedule compliance
• Responsiveness to any significant issues of concern raised by responsible and regulatory agencies and the public 753
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Quality Control and Quality Assurance (QC/QA)
Since our founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service provided by the firm. Recognizing the importance of careful quality control, Kimley-Horn developed a quality assurance/quality control manual that every project manager and task manager is required to know and use. We strive for our procedures to facilitate the delivery of high-quality services that satisfy our client’s needs. There will be no learning curve relative to quality for the Kimley-Horn team.

Our QC/QA program is based on the philosophy that:
• Quality is achieved by adequate planning, coordination, supervision, and technical direction; proper definition of the job requirements and procedures; understanding the scope of services; and the use of appropriately skilled personnel performing work functions carefully. • Quality is controlled by assigning a manager to evaluate all work and procedures followed while providing the services.
• Quality is secured through the careful surveillance of work activities by individuals who are not directly responsible for performing the initial efforts.
• Quality is verified through independent reviews by a qualified staff member of the processes, procedures, documentation, supervision, technical direction, and staffing associated with the project development.

Our QC/QA program will include the review of project documents and supporting data by our task managers and key staff who will direct individual tasks. Our QC/QA program will include, but not be limited to, the following procedures:
• The project administrator will be responsible for being thoroughly familiar with requirements and will be given the authority to direct the project team and call upon our corporate resources, as required, to satisfy the project needs.
• An internal “kick-off” meeting will be held with key individuals assigned to the project to clearly define the scope of services, set sub-task responsibilities, and establish the schedule. • Project meetings and decisions will be documented by a “paper trail.” All documents will be supported by appropriate data that will clearly show the choices evaluated and the basis for our recommendations. • Supporting calculations, text, or data used to develop a document will be signed and dated by the individual involved when the services are performed. Also, telephone conversations and meetings that include or affect a project decision will be documented. • Team network review will be undertaken. Team network quality control is the day-to-day peer review that is undertaken by the project team. Documents, analyses, letters, etc., are reviewed by a team member other than the individual preparing the documents and analyses. Review of significant analyses and documents are provided by the task manager for each task. The individual doing the checking will sign and date the documents and prepare a record of the findings. The findings will be resolved by the originator of the document and checked again until corrected. Quality control review comments will be maintained in a quality assurance file. This network review will be enhanced by weekly or bi-monthly full team meetings with the task manager.

Project Cost and Schedule Control
Kimley-Horn has an excellent track record of completing projects within or very close to established budgets. The ability to control project costs and schedules throughout the progress of work is the result of a strong commitment to do so, a thorough understanding of the project, and incorporation of this understanding into project design drawings. The ability to control costs and schedules requires many of the same actions and attitudes. Strong communications and use of experienced personnel are two effective cost control mechanisms. Other critical elements play a key role in controlling costs and schedules:
• It is essential to develop a clear understanding of the project scope early in the process. A project budget is only as good as the clarity of the underlying scope. Be realistic from day one.
• The project team must be well-organized and exhibit good teamwork. Good communication is essential. A breakdown in communication can easily result in a failure in project control.

ACHIEVED
Through adequate planning,
coordination, supervision,
and technical direction

CONTROLLED
By assigning a manager to
evaluate all work flow
and procedures

VERIFIED
Through independent
reviews by
qualified staff

SECURED
Through careful surveillance of
work activities by parties not
involved in the initial efforts

KIMLEY-HORN

QUALITY CONTROL IS
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These fundamental principles apply to the entire project team and the design teams’ internal work effort. The strongest proof of Kimley-Horn’s ability to meet schedules and manage project costs and controlling schedules is our high percentage of repeat clients, approximately 90%.

Kimley-Horn will not need any City owned facilities or property to use or lease, purchase, or rent from the City in connection with the services to be performed.

SCOPE OF SERVICE
Kimley-Horn will perform the Scope of Service specifically set forth below. The Scope assumes the baseline conditions, project description, and approach will not change once the City issues the Authorization to Proceed. The Scope also assumes the City will provide one reconciled set of comments for each deliverable, and that the comments will not raise new substantive issues requiring re-analysis.

Task 1 – Project Management and Coordination
Task 1.1 – Project Initiation and Kick-off Meeting
Readily available reference data, with planning and policy documentation from the City, state and federal agencies, and other agencies that may be affected by the Project will be gathered and reviewed. Kimley-Horn will assess whether available information is adequate and complete. The City will be notified if additional information is needed. Data obtained through this task will be foundational to the environmental documentation and incorporated into the analysis, as appropriate. This task allows for reconnaissance of the project site and its surroundings, and a limited photographic recording of on- and off-site conditions. A detailed entitlement schedule will be prepared for review with the City.

Kimley-Horn will respond to one reconciled set of comments on the entitlement schedule.

This Task includes a Kick-Off Meeting with the City to discuss the CEQA Project in greater detail. This initial meeting is a key milestone, which is vital to the Project’s success and CEQA compliance. The primary objectives will be to confirm the City’s expectations, Project goals, and develop/refine the Project Description. The analysis’ parameters, construction details, buildout conditions, scheduling, and overall communications protocol will also be established. Prior to the meeting, Kimley-Horn will distribute a Kick-Off Meeting Agenda. This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Â Draft entitlement schedule
Â Revised entitlement schedule
Task 1.2 – Project Management and Coordination
Kimley-Horn will provide project meetings, coordination and hearing attendance on a time-and-materials basis, as required by the County of San Bernardino and/or requested by the City and provide coordination and assistance through the CEQA process as defined below:

1. Project Team Meetings: If requested by the City, Kimley Horn will participate in bi-weekly conference calls with the project team through the CEQA/Entitlement process (assumed to be 12 months, typically two hours per call for preparation, participation, and follow-up, for a total of 48 hours). An additional budget estimate of 20 hours of in-person meeting time is included for team meetings. These 20 hours include commute time to and from the in-person meeting location. This task assumes one (1) Kimley-Horn staff for a total of 68 hours.

2. Project Management: Kimley Horn will coordinate among team members and the City for progress, sharing of information between applicable consultants and deliverables. The City will be provided bi-weekly updates and status reports. Assume one (1) Kimley-Horn staff over 12 months, typically assumes 4 hours per month (48 hours).

The Project Manager, or assigned delegate, will participate in project meetings/conference calls, including the kickoff meeting (preparation and attendance). Participation in and attendance at additional meetings and/or the need for additional management efforts exceeding the budget allocation will require an amendment or would be invoiced as additional services at our then current hourly rate. 755
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Task 2 – Project Description
Task 2.1 – Project Description
The project description is a critical component because it is the basis for the environmental analysis. Based on information provided by the City, Kimley-Horn will prepare a Draft Project Description for City review and approval. The Project Description will detail the project’s location, environmental setting, background and history, project characteristics, construction schedule/phasing, and discretionary actions required for Project implementation. Exhibits/Figures will be prepared to show the regional and site vicinity and key project components to support the environmental analyses. Kimley-Horn will respond to one reconciled set of comments on the Draft Project Description. Kimley-Horn will prepare a Revised Project Description and submit to the City for approval prior to finalizing. This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Â Draft Project Description
Â Revised Project Description
Task 3 – Technical Studies/Assessments
Kimley-Horn assumes that City-prepared engineering plans and reports will be made available to Kimley-Horn by the City. These City-prepared engineering plans and reports will be used in the IS/MND for reference and as information to be used to draw conclusions on the Project’s environmental impacts. Engineering plans and reports may include, but are not limited to:
• Geotechnical Feasibility Study/Geotechnical Investigation • Drainage Study (Hydrology and Hydraulics Analysis)
• Preliminary Water Quality Management Plan
• Site Civil Plans (Site Plans, Grading Plans, Utility Plans, etc.) • Architectural and Landscape Plans (if applicable)
• Other City-Prepared design documentation for the Project Kimley-Horn will review City-prepared engineering plans and reports provided by the City for adequacy pursuant to CEQA review requirements and the City’s CEQA procedures. Kimley-Horn’s review will focus on the appropriateness/thoroughness of the methodology and analysis; whether the analysis’ conclusions are supported by factual/credible evidence; consistency among reports and accurate representation of project-related information; and, whether the analysis meets the applicable CEQA provisions and the State CEQA Guidelines.

Kimley-Horn-Prepared Technical Analyses
Task 3.1 – Air Quality Assessment
The project is located within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Control District (“SCAQMD”). Kimley-Horn will assess air quality emissions in accordance with SCAQMD’s recommended methodologies and thresholds of significance. The analysis will be prepared in accordance with the criteria, standards, and provisions of CEQA and the Clean Air Act as part of the State Water Resources Control Board Environmental Review Requirements for the Clean Water Revolving Fund.

1. Existing Environment. Kimley-Horn will describe the meteorological conditions and discuss ambient air monitoring data collected for the nearest monitoring station. A description of the regulatory framework relating to air quality (i.e., Clean Air Act, Air Quality Attainment Plan, etc.) will also be provided. An overview of the nature and location of existing sensitive receptors in the vicinity of the project site will be provided.

2. Construction Emissions. Kimley-Horn will calculate construction emissions using the most current version of the California Emissions Estimator Model (CalEEMod). Emissions will be calculated based on the scope of the project, applicant-provided assumptions regarding construction equipment and scheduling, and associated vehicle trips. The construction air pollutant emissions will be compared to the SCAQMD regional thresholds of significance and the federal de minimis thresholds (40 CFR 93 § 153).

3. Operational Emissions. Kimley-Horn will quantify operational emissions (i.e., area, mobile, and energy source) related to area sources and local/regional vehicle miles traveled. Project operational emissions will be compared to the SCAQMD thresholds of significance and the federal de minimis threshold (40 CFR 93 § 153).

4. Odors. Kimley-Horn will provide a qualitative odor analysis from the construction and operation of the proposed project.

5. Plan Consistency. Project consistency with the SCAQMD Air Quality Management Plan (AQMP) will be addressed. The determination of consistency is primarily concerned with the long-term influence of a project on air quality in the South Coast Air Basin.

This task will be performed on a lump sum basis.
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Task Deliverables, to be delivered via electronic submittal:

Â Air Quality Assessment
Â CalEEMod Air Quality outputs
Task 3.2 – Greenhouse Gas Emissions Analysis
Land use data will be reviewed and an inventory of greenhouse gas emissions (“GHG”) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect sources (i.e., energy/water consumption and wastewater/solid waste generation) will be prepared. Total GHG emissions from construction activities will be amortized into the GHG emissions inventory. The operational analysis will address potential emissions from pumps and/or treatment, and mobile emissions from employee vehicle trips to the project site. CalEEMod will be used to quantify GHG emissions from project. Project-related GHG emissions will be assessed against SCAQMD draft project-level thresholds and consistency with applicable GHG reduction plans including applicable City policies and plans, and other applicable regional/statewide GHG emissions reduction strategies. CalEEMod outputs will be included as an appendix to the CEQA document prepared for the Project and the analysis incorporated into the GHG Analysis section of the CEQA document. This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Â Greenhouse Gas Emissions Analysis to be included in the CEQA document Â CalEEMod GHG outputs
Task 3.3 – Noise and Vibration Analysis
The noise analysis will quantify both construction and operational noise levels. The analysis will examine whether the project noise would generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of applicable standards.

The following outlines our approach:

1. Existing Environment and Regulatory Setting. Noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted, and short-term noise level measurements will be taken along the project area. Up to five short-term (10-minute) noise measurements will be taken at various locations to establish ambient noise levels at various land uses and areas in the project vicinity.

2. Construction Noise. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations.

3. Vibration. An analysis of construction vibration impacts will be based on the Federal Transit Administration’s (“FTA’s”) vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. The analysis will examine whether the project would generate excessive groundborne vibration.

4. Operational Noise. On-site noise generating activities will be addressed and analyzed for potential impacts to the adjacent uses and will be assessed against the applicable Land Use Noise and Compatibility Matrix and Interior/Exterior Noise Guidelines. Stationary noise sources will be quantitatively assessed. Traffic noise impacts will be assessed using methodologies and models consistent with the U.S. Federal Highway Administration and/or governing Transit Authority. Recommendations for best management practices and noise attenuation features will be provided, if necessary.

This task allows for reimbursable expenses up to $300 for the use of noise measurement equipment and applicable mileage costs incurred.

Relevant results of noise and vibration modeling will be included as an appendix to the CEQA document prepared for the Project and the analysis incorporated into the Noise Analysis section of the CEQA document. This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Â Noise and Vibration Analysis to be included in the CEQA document Â Modeling and Measurement Data, if applicable
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Task 3.4 – Energy Analysis
Kimley-Horn will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3) and Appendix F of the CEQA Guidelines. The analysis will describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project.

The analysis will evaluate energy consumption associated with short-term construction activities, long-term operations, and transportation-related energy during construction and operation. The effects of the project on local and regional energy supplies and on requirements for additional capacity will also be qualitatively analyzed. Relevant energy calculations or modeling data will be included as an appendix to the CEQA document and analysis provided in the Energy analysis section of the CEQA document. This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Â Energy Analysis to be included in the CEQA document Â Calculations and Modeling Data, if applicable Assumptions and Limitations for Tasks 3.2.1 through Task 3.2.4 Â Kimley-Horn will be provided the following Project details to support the analyses:
⤷ Site plans and grading plans.
⤷ Construction phasing as well as demolition, grading, excavation, and paving quantities. ⤷ Listing of all water/energy conservation measures and sustainable project features that will be incorporated into the design.

Â This scope accommodates revisions based on one consolidated set of comments. Additional comments can be addressed on a time and materials basis.

Â This scope assumes the baseline conditions, project description, and approach will not change once Client issues the Authorization to Proceed (ATP).

Â Revisions or changes to the project that require re-analysis are excluded.

Â Deliverables will be provided as expeditiously as practicable with the goal of approximately 6 weeks of receipt of the requested data.

Â Deliverables will be provided electronically.

Â These tasks exclude meetings/hearings for Kimley-Horn Air Quality, GHG, Noise, and Energy specialists.

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

1. Research: Staff will review any raw cultural records search, field survey, etc. data the landowner and/or Lead Agency already has available for the APE. Staff will research geomorphology and land use history of the APE through applicable archives and repositories, as well as historic aerials and topographic maps. Staff will review applicable registers, such as the National Register and National Register. Staff will conduct a record search of the Eastern Information Center (“EIC”) of the APE plus a 1-mile buffer, as well as a Sacred Lands File (“SLF”) search through the Native American Heritage Commission (“NAHC”). Due to the adjacency of the APE to the Morongo Reservation, staff will conduct outreach to the Morongo Band of Mission Indians (“MBMI”) Tribal Historic Preservation Officer (“THPO”) as a part of the information gathering process.

2. Fieldwork: Staff will conduct a pedestrian survey of the entirety of the APE and record up to two (2) cultural resources utilizing CA DPR 523 series forms. Survey methods will be non-collective. Up to two (2) cultural resources will undergo evaluation for eligibility for listing in the California Register of Historical Resources (“CRHR”) or the National Register of Historic Places (“NRHP”). This scope does not include any subsurface efforts that may be required for inventory or evaluation of archaeological resources. This scope specifically excludes Native American Monitor participation during fieldwork activities for this task. Should a Native American Monitor be requested by any Consulting Tribes during the research component of this task, a contract modification would be required.

3. Report: A Cultural Resources Assessment will be prepared for the project pursuant to CEQA, NEPA, and Section 106 of the NHPA.

The report will include sections for project description, cultural/natural setting, methodology, results, evaluations (if applicable), and recommendations. This scope includes at least one round of revisions to the reports. Any additional rounds of revision will require a scope/ fee adjustment. The reports will be submitted to the EIC once deemed acceptable and final by the applicable Lead Agencies.

This task allows for reimbursable expenses up to $1,000 to include, but not be limited to, record search fees, mileage, meals, and other reimbursable expenses related to record searches and field surveys. This task will be performed as a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Â Cultural Resources Assessment
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Task 3.6 – Western Riverside County MSHCP Habitat Assessment Report Kimley-Horn, in conjunction with Blackhawk Environmental (“Biologist” or “Blackhawk”), will prepare a Western Riverside Multiple Specific Habitat Conservation Plan (“MSHCP”) Habitat Assessment Report, as described below:

Western Riverside County MSHCP Habitat Assessment Report. Blackhawk Environmental will perform a habitat suitability assessment for MSHCP-covered, State and/or Federal-threatened, endangered and/or otherwise special-status plant and wildlife species within the proposed impact areas and adjacent areas. All riparian/riverine areas, vernal pools, and/or other special-status species’ suitable habitat(s) identified on the Project Site will be delineated and described/depicted in the Habitat Assessment Report (“HAR”). Prior to conducting the field surveys, Blackhawk Environmental will conduct a database query and literature review that will include, but not necessarily be limited to a current MSHCP database review for the subject Assessor’s Parcel Numbers (“APNs”), California Natural Diversity Database (“CNDDB”) and California Native Plant Society (“CNPS”) search for records of sensitive biological resources in the Project vicinity (within 5 miles), the United States Department of Agriculture (“USDA”) Web Soil Mapper, National Wetlands Inventory (“NWI”), National Hydrography Dataset (“NHD”), and any other previous reports prepared for the Project Site or nearby project sites, if provided to Blackhawk Environmental. One Geographic Information System (“GIS”) analyst will be utilized in addition to Blackhawk Environmental biologists. The GIS analyst will prepare a table of the results and a map of sensitive resources in the Project vicinity; these will ultimately be incorporated in the HAR.

Following the database query and literature review, a field survey will be conducted by qualified biologists. The general methodology of the field survey is to visually confirm the presence or absence of special-status species habitats, suitable burrowing owl habitat, vernal pools, potentially jurisdictional waters, riparian/riverine habitat, and/or narrow endemic plant species habitats on the Project Site. Habitats will be characterized based on dominant plant species coverage, existing conditions, evidence of alteration/disturbance and other variables, and are then cross-referenced with the habitat requirements for the environmental elements that resulted from the database query and literature review. Vegetation communities will be mapped according to species compositions, dominance levels, and locations on the project site.

Potentially riverine/riparian habitats, jurisdictional waters, and/or vernal pools will be assessed and generally described; a formal delineation is not included in a habitat assessment. Observed and/or detected plant and wildlife species and/or wildlife sign will be documented in the field notes of the biologist(s), and representative photographs will be collected and included in the HAR.

The habitat assessment would determine the presence of suitable burrowing owl (“BUOW”) habitat on site (Step 1 of the MSHCP Guidelines) and the presence of suitable nesting substrate (Step 2 Part A of the MSHCP Guidelines). Blackhawk Environmental biologists will conduct one survey pass of a focused BUOW burrow survey throughout the Project Site (= impact areas) and within a 150-meter buffer around the site, according to protocol (Step 2, Part A of the MSHCP Guidelines). Surveys will be walked utilizing approximately 30- or 100–foot belt transects, depending on the density of vegetation, to provide 100% visual coverage. The focus of the survey is to identify BUOW, BUOW burrows, and/or BUOW sign (i.e., whitewash, cough pellets, feathers). Evidence of BUOW within the Project Site will be documented with digital photographs, GPS coordinates, and aerial/topographic map representation.

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

6.1.2, 6.1.3, 6.1.4, and 6.3.2 of the MSHCP. This task assumes up to one round of consensus comments and revisions prior to submittal of the final HAR.

This task will be performed on a lump sum basis.

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

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

Â The Project area footprint boundaries GIS shapefiles or KMZ files will be provided to Blackhawk Environmental for field data collection purposes. The files will be complete, showing the limits of all proposed operations and Project-related activities, as well as any ingress/ egress routes, and additional workspace areas. Such files are necessary to calculate impacts. All proposed impact areas shall be made clear to Blackhawk before conducting any biological or aquatic resources analyses. 759
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Â The Project proponent will provide Blackhawk Environmental all CAD/GIS files required to depict the Project features on the biological resource impact analysis map(s). The files will be clean and easy to decipher without significant time (greater than 4 hours) spent by a GIS analyst to overlay on the biological resource map(s). Additional time for CAD/GIS work will be charged on a time and materials basis of $115/hour.

Task Deliverables, to be delivered via electronic submittal:

Â Western Riverside County MSHCP Habitat Assessment Report Task 3.7 – Trip Generation Memorandum and VMT Screening Kimley-Horn, in conjunction with MAT Engineering, Inc., will prepare a scoping agreement, trip generation memorandum, and a vehicle miles traveled (“VMT”) screening analysis as described below:

Trip Generation Memorandum. This task assumes that the proposed project is not expected to generate a substantial number of new trips. For the purposes of the traffic analysis, the project trip generation will be determined based on the latest version of the Institute of Transportation Engineers (“ITE”) trip generation manual or other source from the City, or quantified based on information on vehicles and trips provided by the City. Typically, a full traffic study is required when a project generates more than 50 or more peak hour trips. Since the proposed Project is expected to generate a low number of trips, MAT Engineering, Inc., will prepare a trip generation memorandum for the Project instead of a full traffic study. The trip generation memorandum will disclose the Project’s trip generation based on the ITE trip generation rates and draw a conclusion that based on the low number of trips, the proposed project is expected to not result in an adverse level of service impact and operations on the surrounding roadway system. This scope specifically excludes the collection of traffic counts or preparation of a full traffic study with level of service evaluation.

VMT Screening Memorandum. This scope assumes the Project will screen out of requiring a full VMT analysis based on its low number of daily trips (less than 110 trips per day) and/or being a local-serving facility. This scope assumes MAT Engineering, Inc. will prepare a VMT Screening memo for the project instead of a full VMT analysis and modeling. This scope specifically excludes the preparation of VMT model runs. Prior to initiating the work, MAT Engineering, Inc., will prepare a scoping agreement and provide to the City of Banning for review and approval. This scope and related fee, shown below, are subject to change based on comments received from the City during the scoping process.

This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Â Scoping Agreement Â Trip Generation Memorandum Â VMT Screening Memorandum Task 4 – Initial Study / Mitigated Negative Declaration Task 4.1 – Administrative Draft IS/MND
Once the Project Description has been approved by the City (Task 2.1), it will be integrated into the CEQA document. Kimley-Horn will prepare an Administrative Draft Initial Study in accordance with the State CEQA Guidelines Appendix G, and will describe the Project’s location, environmental setting/baseline conditions, and characteristics. The IS’ main body will consist of an environmental checklist and the supporting environmental analyses. An explanation will be provided for all responses except “No Impact” responses, which will be supported by cited information sources. The responses will consider the whole action involved with the proposed Project: on- and off-site, Project- and cumulative-level, direct and indirect, and short-term construction and long-term operational. The explanation of each issue will also identify the significance criteria or threshold, if any, used to evaluate each question. Additionally, pursuant to the ruling of Save Lake Tahoe Mountain Area Preservation Foundation v. County of Placer, the IS/MND will address the feasibility of 100 percent renewable power for the Project (this analysis will be qualitative and based on available information).

Environmental resources anticipated to be addressed in the Administrative Draft IS/MND include:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
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• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
Mandatory Findings of Significance. This section of the document will provide a discussion of the project’s impacts, as they relate to the mandatory findings of significance under CEQA.

If the IS/MND or any of the previously identified technical studies determines the Project would have a significant effect on the environment, an EIR would be required. A separate scope and fee would be provided at that time. The findings of the Administrative Draft IS/MND and related technical studies would be used to focus the EIR (if required) on the environmental issues with potentially significant effects. Upon completion of the Administrative Draft IS/MND, Kimley-Horn will consult with the City and incorporate the findings into the appropriate environmental clearance documentation. The IS determination page will denote the appropriate CEQA compliance documentation (MND or EIR). However, based on review of the site and evaluation of adjacent projects, it is assumed that an IS/MND will be the required CEQA document for this project.

Kimley-Horn assumes that the City will be responsible for consultation with Consulting Tribes and will be completed pursuant to Assembly Bill (“AB”) 52. Kimley-Horn assumes that the City will provide consultation letters and Consulting Tribe responses for inclusion in the IS/MND.

Additionally, Kimley-Horn assumes that the City will share results of AB52 consultation with Kimley-Horn promptly. Kimley-Horn may provide as-needed AB52 support as additional services to be billed out at our then-current hourly rate.

This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Â Word file of Administrative Draft IS/MND with PDF files of Figures and Appendices Task 4.2 – Alternatives Analysis
Additionally, as the Project is seeking funding through the CWSRF, the CEQA document will evaluate the Project using a “CEQA-Plus” analysis. This CEQA-Plus analysis is completed in lieu of a National Environmental Policy Act (“NEPA”) analysis for Projects utilizing federal funding. Instead, a “NEPA-like” analysis is completed through the completion of a CEQA-Plus process. This CEQA-Plus process will include an alternatives analysis, which is not typically included in MNDs. This alternatives analysis will include a range of reasonable alternatives that meet the City’s needs and objectives, including a “No Project/No Action” alternative.

Kimley-Horn will identify a maximum of 3 reasonable alternatives, including the “No Project/No Action” alternative for the City’s review and approval. Kimley-Horn will complete a comparative analysis among the selected alternatives that evaluates the direct, indirect, and cumulative impacts on environmental resources, as well as potential reasonable future environmental impacts, if applicable. This Alternatives Analysis will be included in the IS/MND prepared for the Project.

This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Â Alternatives Analysis to be included in the Administrative Draft IS/MND Task 4.3 – Revised Administrative Draft IS/MND
Following City review of the Administrative Draft IS/MND, Kimley-Horn will respond to one consolidated set of City comments. Kimley-Horn assumes that all comments and revisions from the City are provided in one consolidated set with revisions shown in “tracked changes,” should comments be received from the City in multiple files, additional effort will be required to consolidate comments. Kimley-Horn will “accept all” redlines received from the City and provide all further revisions in “tracked changes” for the ease of City review. If substantial new analysis is requested that has not been previously prepared/considered in the Initial Study and/or substantive changes to the Project Description are required to address comments from the City, additional budget would be required. This task assumes that no third party legal or CEQA review will be required (if the City does require third party CEQA or legal review, responses to these comments can be provided on a time and materials basis and would likely extend the schedule to allow time for peer review and additional responses). This task will be performed on a time-and-material basis.

Task Deliverables, to be delivered via electronic submittal:
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Â Word file in redline of the Revised Administrative Draft IS/MND with PDF files of figures and appendices Task 4.4 – Draft IS/MND
Kimley-Horn will respond to one consolidated set of comments from the City on the Revised Administrative Draft IS/MND and prepare the Draft IS/MND for public review. Assumptions made in Task 3.3 regarding the presentation of comments and revisions apply to this task. This task assumes that comments on the Revised Administrative Draft IS/MND will not be substantive and will be related to minor corrections, such as grammar, typograph, formatting, or organization of the IS/MND. Kimley-Horn will provide the Draft IS/MND, it’s figures and appendices, and all other related material in a PDF format for the County’s use. This task allows for up to three (3) hard copies of the Draft IS/MND with appendices provided on a USB thumb drive upon request by the City. This task will be performed on a time-and-material basis.

Task Deliverables:

Â Draft IS/MND in digital format for public circulation.

Â Up to three (3) hard copies of the Draft IS/MND with Appendices on USB thumb drive, upon request only.

Task 4.5 – Distribution and Noticing
Kimley-Horn will prepare the Notice of Intent to Adopt a Mitigated Negative Declaration (“NOI”) for the City’s review and approval. Kimley-Horn will be responsible for the distribution of the notice based on a radius list provided by the City. The notice will be distributed via record of delivery to any responsible agencies and by regular mail to interested parties, community groups, and individuals. Kimley-Horn will provide the Project files on a USB thumb drive for applicable reviewing agencies to be delivered along with the NOI. Kimley-Horn will file the notice with the County Clerk of the Board of Supervisors and provide the document to the City in a format to be uploaded onto the City’s website. The City will be responsible for any site postings and/or submit the notice to the newspaper for publication. Kimley-Horn will upload the appropriate Project files to the State Clearinghouse, after registration by the City as an authorized agent, for distribution and pursuant to CEQA-Plus requirements.

The Draft IS/MND will be available for public review for a 30-day period. This task will be performed on a time-and-material basis.

Task 4.6 – Response to Public Comments
Kimley-Horn will prepare responses to relevant environmental comments received on the IS/MND during the public review period and any additional comments raised during public hearings. A draft Responses to Comments will be submitted to the City for review. This task assumes one consolidated set of comments from the City on the draft Responses to Comments. Kimley-Horn will revise the Responses to Comments and resubmit in track-change for ease of review. Given the difficult in predicting the nature and extent of Draft IS/MND public comments, this Scope of Work assumes a maximum of 20 hours for responding to comments, coordinating with City reviewing staff, and revising responses; additional effort or analysis resultant of the complexity or number of comments would require additional budget. Kimley Horn assumes that the City will respond to and draft responses to comments that fall within their purview. This task will be performed on a timeand-material basis.

Task Deliverables, to be delivered via electronic submittal:

Â Responses to Comments.

Task 4.7 – Prepare Final IS/MND
Kimley-Horn will incorporate responses to comments prepared in Task 3.5.1 into the Final IS/MND, which will be compiled to reflect any changes to the document that may have resulted from public comments. Revisions will be reflected in hard-coded “track changes” with strikethrough text for deletions and double-underlined text for additions. The Final IS/MND will be submitted to the City for review and consideration by the Planning Commission and City Council for adoption of the Mitigated Negative Declaration and project approval. This task assumes a maximum of 20 hours will be required to prepare the Final IS/MND. This task will be completed on a time-and-material basis.

Task Deliverables, to be delivered via electronic submittal:

Â Final IS/MND
Task 4.8 – Mitigation Monitoring and Reporting Plan
Kimley-Horn will prepare a Mitigation Monitoring and Reporting Plan (“MMRP”) to be adopted by the City should the Project be approved. This MMRP will outline all mitigation measures to be incorporated by the Project, as identified in the IS/MND. This MMRP will identify responsible parties and timing of actions to be taken. This task assumes 8 hours to prepare the MMRP, allowing for City review and addressing City comments. This task will be performed on a time-and-material basis. 762
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Task Deliverables, to be delivered via electronic submittal:

Â MMRP
Task 5 – Public Hearings and Notice of Determination
Task 5.1 – Public Hearings
Kimley-Horn assumes attendance at one public hearing will be required, the Planning Commission. Kimley-Horn staff will be prepared to answer questions relative to the environmental aspect of the Project. This task allows for up to two (2) Kimley-Horn staff (covering meeting preparation, travel time, hearing time, and documentation of meeting discussions). It is currently assumed by Kimley-Horn that Kevin Thomas and Miles Eaton will attend the Planning Commission hearing on behalf of the City. Additional Kimley-Horn staff are available upon request by the City and can attend as additional services to be billed at our then-current hourly rate. This task will be performed on a time-andmaterial basis.

Task 5.2 – Notice of Determination
Following the City’s adoption of the IS/MND and approval of the Project, Kimley-Horn will prepare and file the Notice of Determination (“NOD”) with the Riverside County Clerk of the Board. The NOD will be filed within five (5) business days of Project approval, as required by the CEQA guidelines.

All filing fees will be advanced by Kimley-Horn, to be reimbursed by the City as a direct reimbursable fee. All advanced fees paid by KimleyHorn are marked-up by 15 percent. Currently, the CDFW review fees for an IS/MND is $2,916.75. The Riverside Assessor-County ClerkRecorder filing fee is $50. This scope assumes that filing fees will be paid via credit card using the Riverside Assessor-County Clerk-Recorder website. The Riverside Assessor-County Clerk-Recorder charges an additional 2.28 percent processing fee for credit card transactions. The total filing fee of $3,034.39 (1.0228*($2,916.75 + $50)) will be invoiced as a direct reimbursable expense to the City, with Kimley-Horn’s standard 15 percent mark-up added, for a total of $3,489.55. The total amount invoiced to the City is subject to change should CDFW’s review fee be amended prior to filing of the NOD.

Kimley-Horn does not guarantee Project approval by the appropriate deliberative body or bodies. This task will be performed on a lump sum basis.

Task 6 – Regulatory Permitting Matrix
Task 6.1 – Permit Tracking Matrix
Based on an initial desktop review of the preliminary site plan, no jurisdictional aquatic features have been identified within the project footprint. Therefore, permits from the U.S. Army Corps of Engineers (“USACE”), California Regional Water Quality Control Board (“RWQCB”), and the California Department of Fish and Wildlife (“CDFW”) are not anticipated.

However, if the subject project would result in impacts to jurisdictional aquatic resources Kimley Horn will prepare a permit tracking matrix for the aquatic resource permits needed prior to construction activities. The permit tracking matrix will identify the applicable permits from the federal and state agencies (USACE, RWQCB, and CDFW), define key milestones for permit processing, and provide an approval processing communication log to document agency staff communications. This task will be performed on a time-and-material basis.

Assumptions and Exclusions
Â This task excludes permit application preparation and processing to the federal and state agencies. If permits from the USACE, RWQCB, and CDFW are required, permit preparation and regulatory approval processing can be included as additional services to be billed at our then current hourly rate.

Optional Tasks
Optional Task 1 – Cultural Consultation / Coordination Support This task includes consultation/coordination support by Kimley-Horn cultural staff as it relates to Tribal consultation conducted by the Lead Agency under CEQA and/or coordination conducted by the Lead Agency with the State as they undergo Section 106 consultation with the Tribes and/or the State Historic Preservation Officer (”SHPO”). This task allows for up to 20 hours of coordination by Kimley-Horn staff. This task will be performed on a time-and-material basis.
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Optional Task 2 – Focused Burrowing Owl Surveys and Report If Task 3.6 determines that the survey area and/or buffer contains BUOW, BUOW-suitable burrows and/or BUOW sign, additional surveys will be required. If additional surveys are required, an additional three (3) focused BUOW surveys will be conducted on separate days, at least one week apart from one another, and during the BUOW breeding season (March 1 through August 31), for a total of four (4) survey days (including the initial habitat assessment and burrow survey included in Task 1). According to Riverside County and CDFW protocol survey guidelines for BUOW, the surveys may not be conducted during rain, high winds (>20mph), dense fog, or temperatures over 90 degrees F. Surveys would also be timed to occur from pre-dawn to two hours after sunrise, or from two hours before sunset until civil twilight. Blackhawk Environmental will not be responsible for delays due to these environmental constraints.

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

If surveys are required outside of the breeding season (September - February), Blackhawk Environmental will be available to provide additional coordination with the City/County for approval of non–breeding season survey results. This task assumes minimal coordination with the City/ County for approved survey methods and does not include formal consultation or modification of methods from those described above. This task will be performed on a lump sum basis.

Assumptions and Exclusions:

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

Optional Task 3 – Focused Rare Plant Survey
If the MSHACP database query and/or the field survey/assessment (detailed in Task 3.6) yields suitable habitat for regionally or locally occurring special-status plant species, then focused rare plant surveys will likely become required on the Project Site. Based on a review of aerial imagery, it appears that suitable habitat may be present for one or more special-status plant species, though there could be suitable habitat present for other special-status plant species as well. It is assumed that one focused rare plant survey will need to occur to accommodate the estimated bloom periods (e.g., April through June) and ascertain presence/absence.

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

The rare plant survey will involve the 100 percent visual inspection and identification of all plant species within and immediately adjacent to the Project footprint (= impact areas). The survey will be accomplished by the botanical team walking transects 5 to 15 meters apart, depending on topography, vegetative cover, visibility, and access parameters, in such a way to allow the botanists the maximum potential to detect any special-status plant species yielded by the literature review. All plant species observed or detected, will be identified to species or subspecies level and recorded in the field notes of the botanists to provide a complete floral compendium that will be included in the HAR.

Survey methods, results and impact analysis will also be included in the HAR. GPS coordinates and approximate population counts will be collected for all special-status plant species found within the Project footprint up to 30 feet beyond proposed impact area boundaries. Digital photographs will be collected in sufficient quantity to capture the existing conditions of the site as well as any notable botanical resources. This task will be performed on a lump sum basis.

Optional Task 4 – Aquatic Resources Delineation Survey and Report If potentially jurisdictional aquatic features are found on the Project site (= impact areas) during the general biological/aquatic resources field survey, then a field-based aquatic resources delineation survey will be conducted by two biologists/wetland scientists in one field day.

Subtasks to be included are: a literature review for aquatic resources in the Project vicinity [including the National Wetlands Inventory (NWI), National Hydrography Dataset (NHD), United States Department of Agriculture (USDA) Web Soil Mapper, United States Geological Survey (USGS) topographic maps, current and historic aerial imagery], ESRI ArcGIS Collector database setup for field-based data collection purposes, 764
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vegetation mapping of the entire delineation survey area, a characterization of the existing conditions and vegetation communities (based on dominant and sub-dominant plant species present), representative photographs, photo log of the entire delineated area, and a formal aquatic resources delineation survey following current US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish & Wildlife (CDFW) protocols and guidelines. The delineation survey area will include the Project site (= impact areas), plus a 100-foot buffer surrounding the polygon(s).

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

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

Assumptions and Exclusions:

For the ARDR, These Items Shall be Supplied by the Project Owner:

Â Contact information for the applicant(s), property owner(s), and agent(s).

Â A signed statement from the property owner(s) allowing corps personnel to enter the property and collect samples during normal business hours.

Â Complete description of the overall activity or project.

Â Dimensions of proposed structures/fills to be constructed in waters of the United States and material(s) to be used in construction.

Â Complete description of other reasonably related activities to be undertaken as a result of project (such as fill or borrow sites).

Â Approximate project construction commencement and completion dates.

Â Reason for discharge - for projects involving discharge of dredged and/or fill material, including the temporary placement of material into waters of the United States, explanation of the purpose for the placement of all fill, type(s) of material to be discharged (rock, sand, gravel, soil, poured-in-place concrete, dredged material, etc.).

Â Amount of each type of material to be discharged in cubic yards.

Â Source(s) of material(s) to be discharged.

Â Area in acres or square feet of wetland waters of the United States to be filled.

Â Area in acres and lineal feet of other waters (non-wetland waters of the United States) to be filled.

Â Methods and equipment to be used to discharge material (e.g., backhoe, dragline, etc.) Â For dredged material discharged at an upland site, identification of upland site location and means by which runoff from such dredged material is to be contained and precluded from entering a waterbody.

Â Detailed half-size or full-size engineering drawings of the overall project or of specific components of the project occurring in waters of the United States.

Â Defined project boundary on plan drawings.

Â Selected sections indicated on plan view drawings (e.g., “a-a’”), depicting typical areas of proposed fill, excavation, or dredging, including proposed side slopes; and structures to be constructed in jurisdictional waters of the U.S.

Â Sufficient linear dimensions depicted to calculate proposed volume and area quantities, based on both plan and cross-section views.

Â Sufficient linear dimensions depicted to characterize the size and area of proposed structures, based on both plan and cross-section views. 765
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For the ARDR, These Items Shall be Supplied by Blackhawk:

Â A statement confirming the delineation was conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual and applicable Arid West regional supplement.

Â A statement confirming the use of the ordinary high-water mark (OHWM) field guide, or that it is not applicable in this case.

Â A narrative describing all aquatic resources on-site and an explanation of the mapped boundaries and any complex transition zones.

Â The rationale used to decide on the inclusion or exclusion of any aquatic resources which meet one or two of the three wetland criteria or do not exhibit a clear OWHM.

Â A description of any erosional features, upland swales, ditches, and other potential aquatic features that were considered but not included in the delineation.

Â Map of the outside survey boundary (100-foot buffer around the road widening footprint), total extent of aquatic and proposed non-aquatic feature(s), type of feature(s) (e.g., Waters of the United States, Waters of the State and/or wetlands), and total acreage for each polygon.

Â Date(s) field work was completed.

Â A table listing all aquatic resources. The table must include the name of each aquatic resource (its actual or arbitrary name), its Cowardin type (see 1987 Delineation Manual), its areal extent (acreage), summary of OHWM/wetland indicators used, dominant vegetation for each, and location (latitude/longitude in decimal degrees). For linear aquatic features, the table must show both acreage and linear feet as well as channel measurements (active channel width).

Â A description of existing field conditions, including current land use, normal conditions, flood/drought conditions (if occurring), irrigation practices, past or recent manipulation to the site, and characteristics considered atypical.

Â WETS tables of pre-site visit precipitation data.

Â A discussion of the hydrology at the site, including all known surface or subsurface sources, drainage gradients, downstream connections to the nearest traditional navigable waterway or interstate water and any influences from man-made water sources such as irrigation.

Â Description of if/how remote sensing was used in the delineation and include the name, date, and source of the tools and data used and copies of the maps/photographs.

Â Soil descriptions, soil maps, soil photos, and a discussion of any hydric soils.

Â A copy of the completed ORM Bulk Upload Aquatic Resource or Consolidate Excel spreadsheet.

Â Map(s) of all delineated aquatic resources.

Â Completed OHWM datasheet(s).

Â Completed wetland delineation datasheet(s).

Â A description of the methods used to survey the aquatic resource boundaries, including the level of accuracy of any GPS data used.

Â All digital data for the site, aquatic resource boundaries, and data point locations in the form of either ESRI shapefiles/geodatabase format or Google Earth KMZ or KML files.

Â All metadata file for all GIS files.

Â Numbered and dated pre-project color photographs showing a representative sample of waters proposed to be impacted on the project site, and all waters proposed to be avoided on and immediately adjacent to the project site. The compass angle and position of each photograph are to be shown on the plan-view drawing or aerial photograph (e.g., using the Theodolite application on a smartphone).

Â One or more vicinity maps is to be submitted, at least one of which must use a USGS 7.5- minute quadrangle sheet as its base map with the project study boundary clearly outlined and the quadrangle name included on the map.

Â On the maps, label the affected waterbody [river, creek, stream, lake, pond, wetland) and river mile, if known] and/or the nearest waterbody into which the affected waterbody discharges.

Â On the maps, a legend for any relevant items shown (e.g., wetlands and/or other water types).

Â Maps are to show project area to be fill, dredged, or excavated in jurisdictional waters of the U.S.

Â Maps are to show location of existing shoreline or bank.

Â Maps are to show locations and elevations of all proposed fills, structures, and/or limits of work within and adjacent to potential waters of the U.S., including wetlands.

Â Maps are to show locations and dimensions of project-related cofferdams, borrow areas, disposal areas, stockpiling areas, and equipment staging areas.

Â Maps shall annotate all fills, structures, and/or limits of work as either permanent or temporary.

Â If applicable, maps may show the distance between proposed structures and any existing structures.

Â If applicable, maps may show the distance between the project area and any federal Â Navigation channel or other federal projects.

Â Plan view drawings and profiles/cross sections depicting the elevation of applicable waterlines:
⤷ In non-tidal rivers, creeks, streams, and ponds: ordinary high water (OHW). ⤷ In tidal and non-tidal waters: lateral extent of wetland boundary.

Â Maps shall indicate the location of photo points.
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Project Schedule
Kimley-Horn will prepare a detailed Project schedule as a part of the scope of work outlined above, specifically as a part of Task 1.1. A preliminary schedule has been prepared for this proposal and would generally follow below:

Description
Weeks
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Notice to Proceed, Surveys Initiated
Kick-Off Meeting
Prepare Project Schedule and
Project Description
City Review - Draft
Kimley-Horn revises Project
Description and Schedule
City Approval
Preparation and Review of
Technical Studies
Administrative Draft IS/MND*
City Review – Admin Draft
Revised Administrative Draft IS/MND
City Review – Final Comments
Draft IS/MND
City Review and “OK” to Distribute
Distribution of Draft IS/MND
30-day Public Review
Responses to Comments
Final IS/MND and MMRP Preparation
City Review - Draft
Address City Review
– Draft Comments
City Review and approval
Public Hearing Week TBD

1. This is a preliminary schedule and is subject to modification following further discussions with City staff.

2. This schedule assumes AB 52 tribal consultant concludes by Week 12.

This schedule is highly dependent on timely review and responses from City staff. If a separate review process by a City third-party CEQA reviewer or legal counsel is completed, the schedule and fee estimate may be increased to allow for additional coordination and review/revision time.

Task Required from City Staff
Kimley-Horn will rely upon City Staff to provide all Project-related design documents, related engineering studies, as well as City Staff’s participation in Project status meetings. Additionally, Kimley-Horn will rely on City Staff’s timely review and responses of CEQA work products to maintain the Project schedule.
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B. COMPANY INFORMATION
Firm Profile
Since our founding in 1967, Kimley-Horn has grown to over 8,000 staff across 121 offices in the United States, 12 of which are in California. Our continued growth and stability over the past 56 years is the direct result of our commitment to integrity and dedication to providing quality services to our clients. We provide our clients with the local knowledge and responsiveness of a small organization, backed by the depth of resources only a national firm could offer.

Kimley-Horn’s multidisciplinary staff of engineers understand what it means to be a collaborative partner on water, wastewater, and water resources projects, providing planning, environmental, engineering, operations, and maintenance support and advice to support large and small systems for public and private clients nationwide. Our engineers, planners, and environmental specialists work to develop insightful solutions to your toughest problems with a solid commitment to deliver value that exceeds your expectations.

Drawing on a depth of staff resources that includes specialists in all aspects of water and wastewater treatment, collection, distribution, reuse, design, and permitting, our team brings together specialists in plant evaluations, master plans, process design, plant expansions, and other projects to improve system operations, meet changing regulatory requirements, and reduce life-cycle costs. Our nationwide water resources team brings together the best practices from multiple regions to provide clients with innovative, cost-effective project alternatives.

Most importantly, we understand our clients’ perspectives. We have plant operators on board to give deeper facility insight and former public sector engineers providing project management approaches that incorporate the bigger picture needed for public improvements. The KimleyHorn team provides solutions that continue to return benefits to our clients long after design is completed.

Kimley-Horn’s Southern California Wastewater Experience Our Services
Kimley-Horn is a full-service consulting firm performing water and wastewater services to meet the needs of private utility companies. We can provide you with the local support every local agency deserves backed by the structure of national expertise in the utility industry. For water and wastewater projects, our team is skilled in all areas of facility development and design:
• CEQA and NEPA compliance
• Scoping Meetings, Outreach,
and Presentations
• Project Management and Staff Services
• Public Hearing Presentations
• Agency Permit Processing
• Regulatory Permit Processing
• Traffic Analyses
• Parking Management
• Aesthetics/Visual Impact Analysis,
including shade/shadow analysis and
project renderings
• Air Quality and Health Risk Assessments
• Climate Action Plans and Sea
Level Rise Analyses
• Greenhouse Gas Emissions
• Biological Resources Assessments
• Cultural and Tribal Cultural Resources
including AB 52 and SB 18 consultation
• Energy (pursuant to CEQA
Guidelines Appendix F)
• Hazards including Aviation Assessments
• Hazardous Materials, including Phase I
Environmental Site Assessments
Contact: Kevin Thomas, CEP, ENV-SP
Corporate Office: 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 Local Office Address Office: 3801 University Ave, Suite 300 Riverside, CA 92501
Telephone Number: 951-543-9875
Entity: Corporation
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• Drainage Studies
• Water Quality Management Plans
• Land Use and Planning Policy Analyses
• Mineral Resources
• Noise and Vibration Studies
• Population, Housing, and
Employment Evaluations
• Public Services and Utilities/Service
Systems, including Infrastructure
Planning and Design
• Park and Recreational Assessments,
including Landscape Plans, Trail Plans, and
Park Master Plans
Litigation
Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed, we are subject to various legal proceedings from time to time and in the ordinary course of business. It is not practical to provide a complete list as part of this proposal. None of the pending matters, if decided against Kimley-Horn, would have a material impact on our financial statements or impair in any way our ability to serve our clients. Generally, these matters are covered by insurance, and we consider them to be without merit. If you would like to discuss our legal matters in more detail, please contact Kimley-Horn’s General Counsel, Richard Cook, at 919.677.2058.

Legal Proceedings in California in the last five years are as follows:
29Twenty Maintenance Association v. Van Daele Development Corp., et al; Los Angeles County, Superior Court of the State of California; Case No. 19STCV13496; filed 2019; alleged economic loss; settled; closed 2020 Vicente Gomez, et al v. Pilot Travel Centers, LLC, et al; Case # CVRI2103878; Superior Court of California, County of Riverside; filed 2021; personal injuries; pending
Brenda Sherriffs v. Kimley-Horn and Associates, Inc., et al: Santa Cruz County Superior Court; Case No. 16CV00335; filed 2016; bicycle accident, personal injuries; settled; closed 2019.

Kimberly Lynn Wright and Ty Juan Montanez v City of Concord; et al; Superior Court of California, County of Contra Costa; Case No. MSC20- 01067; filed 2020; served 2022; traffic accident, wrongful death claimed; pending 769
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C. COMPANY PERSONNEL
Key Staff
The Kimley-Horn team has been assembled to meet a comprehensive range of potential CEQA/NEPA and regulatory permitting service needs of the City. Should additional specialized expertise be required, these can be retained through consultation with the City.

When you select a consultant for your project, you are really selecting the people who will provide the right combination of relevant experience, technical competence, local knowledge, passion for the project, and superior skill in successful project delivery with an eye for quality and detail. The key team members we have assembled for this project fit these requirements perfectly. They are seasoned environmental, planning, design, and engineering professionals with a successful track record delivering a variety of project types. The team will be managed by Kevin Thomas, CEP, ENV SP, who has more than 38 years of experience in water/wastewater CEQA/NEPA and permitting compliance. The organizational chart below indicates the primary responsibilities of key staff for this as-needed Environmental Services contract. Resumes of key staff are provided in the following pages.

Kimley-Horn’s Partnership with subconsultants
Kimley-Horn has partnered on many similar projects with our subconsultants. We have identified the length of our relationships below.

Blackhawk Engineering
Blackhawk Environmental, Inc. is a federally certified Service-Disabled Veteran-Owned Small Business (SDVOSB) and California certified Disabled Veteran Business Enterprise (DVBE) that provides a wide range of cost-effective environmental consulting services in biological & water resources, mitigation management, monitoring & compliance, regulatory agency consulting & negotiations, habitat restoration, CEQA/NEPA analyses, environmental document preparation, noise monitoring and associated disciplines.

Established in the City of San Diego in 2012, they serve all of southern California, and beyond. To date, they have completed over 470 unique projects across many sectors, including those involving wastewater facilities and water infrastructure. Blackhawk is a small business with a growing staff and a large network of environmental professionals, firmly dedicated to meeting the goals of their clients in an efficient and thorough manner.

Blackhawk Environmental is currently working with Kimley-Horn on a commercial development project in Victorville, California that involves the proposed development of a restaurant with parking spaces and associated features on land that is currently undeveloped with creosote bush scrub. Technical services include vegetation mapping, comprehensive flora and fauna identification, jurisdictional waters assessment, specialstatus species habitat analyses, biological report preparation, and focused burrowing owl surveys.

MAT Engineering
MAT Engineering, Inc. offers a comprehensive range of environmental engineering services to their clients. Their team of experts includes air quality and noise/acoustical analysts and specialists with Master of Science degree in the field of environmental engineering who have successfully prepared hundreds of environmental engineering analyses and reports for projects throughout California and crafted mitigation measures to meet and satisfy the standards of the applicable jurisdiction for each project. Their team has extensive knowledge of air quality regulations, modeling techniques, and data collection methodologies that are utilized. MAT Engineering’s experience in working with various public agencies, long-standing working relationships, and mutual trust developed over the years with agency staff, Caltrans, and other professionals in the industry, allows them to better assist their clients.

Resumes
We have provided the education, training, licensure, experience, and applicable professional credentials of our project managers, and key personnel on their respective resumes starting on page 21.

Organization Chart
The organization chart on the following page identifies our project manager and key personnel proposed to perform the specified tasks and include major areas of subconsultant work. Our project team is unsurpassed in local knowledge and relevant experience and has been structured to provide strong support to the City’s contract manager. 770
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Project Manager
Kevin Thomas, CEP, ENV SP
Environmental
Miles Eaton, PE (IN)
Cameron Bauer
Air Quality, Greenhouse Gas,
Energy, Health Risk, and Noise
Ace Malisos
Ryan Chiene
Alex Pohlman, LEED AP
Traffic
Alex Tabrizi, P.E., T.E. 2
Jason Melchor, P.E.

CEQA QC/QA
Meghan Karadimos
Subconsultants

1. Blackhawk Environmental

2. MAT Engineering, Inc.

Bold = Key Staff
Cultural Resources
Jessica Mauck, MA, RPA
Jamie Nord, MA, RPA
Project Description/
Alternatives
Momcilo “Momo” Savovic, P.E.

Biological Resources
Kris Alberts 1
Seth Reimers 1
Regulatory Permitting
Tim Tidwell, PWS, sUAS

CITY OF BANNING
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Professional Credentials
• Bachelor of Arts, Environmental
Engineering, University of
California, Los Angeles
• Certified Environmental
Professional #99040383
• Envision
Sustainability Professional

PROFESSIONAL

AFFILIATIONS
• American Water Works
Association (AWWA), California
and Nevada Desalination
Committee, Member
• CalDesal Regulatory
Working Group, Chair
• National Association
of Environmental
Professionals, Member
• Contact
number: 951.543.9875
Kevin has over 37 years of experience in leading teams to support water, wastewater, and other major capital improvement projects for clients throughout Southern California, specializing in the strategic guidance, preparation, and peer review of environmental documents and regulatory permitting programs.

Kevin has managed the analysis of major water projects, including water supply master plans, water distribution programs, aquifer and storage recovery projects, and numerous studies for ocean and brackish desalination projects, including alternative siting studies, alternative intake studies, and feasibility studies for projects ranging from small demonstration facilities to regional desalination plants.

Several of Kevin’s water supply projects included environmental evaluation and permitting compliance for groundwater treatment programs and appurtenant facilities, including arsenic, manganese, uranium, petroleum plume remediation, total dissolved solids (TDS), and other analytes.

Relevant Experience
• San Bernardino County, Special Services District On-Call, San Bernardino County, CA – CEQA/NEPA and Permitting Task Manager
• Fontana Water Company and City of Fontana, Plant F20 Water Tanks IS/MND, Fontana, CA – CEQA Principal-in-Charge
• Montecito Water District, Montecito Desalination Program, Montecito, CA – CEQA and Regulatory Permitting Task Manager • South Coast Water District, Doheny Desalination Project EIR and Regulatory Permitting, Dana Point, CA – Project Manager • South Orange County Wastewater Authority, Coastal Treatment Plant Expansion CEQA Compliance, South Orange County, CA – Task Leader
• Western Municipal Water District, Murrieta Master Plans of Water and Sewer IS/MND, Murrieta, CA – Project Manager • Western Municipal Water District, Murrieta North Well Categorical Exemption, Murrieta, CA – Project Manager • City of Fort Bragg, Fort Bragg Desalination Facility Feasibility Study, Fort Bragg, CA – CEQA/Permitting Task Manager • South Orange County Wastewater Authority, San Juan Creek Ocean Outfall State Lands Commission Lease Permitting, South Orange County, CA – Permitting Principal-in-Charge
• Mesa Water District, Well Rehabilitation and Automation Project Categorical Exclusions, Costa Mesa, CA – CEQA Task Manager • Golden State Water Company On-Call Environmental Services, Statewide, San Dimas, CA – Project Manager* • Rancho California Water District, Various Water/Wastewater Projects, Temecula, CA – Task Leader* • NPDES Permitting for Several Brackish and Ocean Desalination Facilities, Statewide, CA – Project Manager* • Mojave Water Agency, R3 Project CEQA/NEPA Compliance and Permitting Manager, Apple Valley, CA – Task Leader* • Western Municipal Water District, Murrieta North Well CEQA Compliance, Murrieta, CA – Task Leader* • Santa Margarita Water District, Various Water/Wastewater Projects, Santa Margarita, CA – Task Leader* • Santa Ana Watershed Project Authority, Santa Ana Regional Interceptor (SARI) Pipeline Repairs EIR, Santa Ana, CA – Project Director*
• Santa Ana Watershed Project Authority, Chino I Desalter Expansion and Chino II Desalter Subsequent Program EIR, Santa Ana, CA – Project Director*
• California American Water Company, Coastal Water Project CEQA and Permitting Compliance, Monterey, CA – Task Manager* • Victor Valley Wastewater Authority, Treatment Plant Expansions, Victorville, CA – Project Director* *Prior to joining Kimley-Horn
Kevin Thomas, CEP, ENV SP
Project Manager
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PROFESSIONAL

CREDENTIALS
• Bachelor of Science,
Environmental Science, Oregon
State University
• Contact #: 951.335.8283
Meghan has 15 years of experience as an environmental analyst/scientist and is responsible for preparing and managing environmental and planning studies for public and private sector clients, under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). She has experience completing NEPA EAs, EISs, and CEs; CEQA EIRs, IS/MNDs, and CEs; and Caltrans PES forms. Meghan conducts CEQA/NEPA document review and environmental documentation and research, analysis, and writing.

Relevant Experience
• Coachella Valley Water District, Thousand Palms Channel Project, Indio, CA – Project Manager • Pulte Home Company, LLC, Murrieta Hills Specific Plan Amendment Environment Impact Report, Murrieta, CA – Environmental Analyst
• KPC Coachella Specific Plan EIR, Coachella, CA – Environmental Analyst • City of Fontana, Casa Grande Warehouse Project Mitigated Negative Declaration, Fontana, CA – Environmental Analyst • Beaumont Potrero Interchange Industrial Warehouse Environmental Impact Report, Beaumont, CA – Environmental Analyst • Menifee Commerce Center EIR, Menifee, CA – Task Manager • County of San Bernardino, Speedway Commerce Center II Specific Plan Project, San Bernardino County, CA – Task Manager • City of Menifee, Crossroads MND, Menifee, CA – Environmental Analyst • Caltrans PES Form, Kitching Street HSIP Project, Moreno Valley, CA – Environmental Analyst • Caltrans PES Form, Ironwood Avenue Highway Safety Improvement Program (HSIP) Project, Moreno Valley, CA – Environmental Analyst
• Environmental Assessment, Farm-to-Market Road (FM) 2514 (Parker Rd) Widening from FM 2551 to East of Lavon Parkway, Cities of Parker, Lucas, Wylie, and Town of St. Paul, Collin County, TX – Environmental Scientist/PI Task Lead* • Categorical Exclusion, FM 2478 Widening from Sam Rayburn Tollway (State Highway [SH] 121) to Stonebridge Drive, Cities of Frisco and McKinney, Collin County, TX – Environmental Scientist/PI Task Lead* • Final Environmental Impact Statement, Trinity Parkway from Interstate Highway (IH) 35E/SH 183 to U.S. Highway (US) 175/ SH 310, City of Dallas, Dallas County, TX – Environmental Scientist* • Joint Inspection Report, IH 35E Managed Lanes Project (from IH 635 to US 380), Dallas and Denton Counties, TX – Environmental Scientist*
*Prior to joining Kimley-Horn
Meghan Karadimos

CEQA QC/QA
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PROFESSIONAL

CREDENTIALS
• Bachelor of Science,
Environmental and Ecological
Engineering, Purdue University
• Professional Engineer in
Indiana (PE12300823)
• Contact
number: 951.346.2857
Miles has approximately five years of experience working with public and private clients providing engineering design and CEQA services ranging in complexity from CEs to EIRs, for a wide range of land use projects including industrial developments, mixed-use developments, utility-scale energy production and storage facilities, municipal infrastructure (roadway, water/wastewater, stormwater capital improvement projects), and others. Miles has provided environmental planning services in Riverside, San Bernardino, Orange, and Ventura Counties. Prior to joining Kimley-Horn, Miles worked as a civil engineer in northwest Indiana providing design consulting services to municipalities and other public clients in the area. Services included being the engineer-in-field during construction, roadway design, water/wastewater conveyance and treatment design, stormwater infrastructure design, stormwater pollution prevention plan design and implementation, regulatory compliance, and capital improvement project feasibility studies, design, and implementation.

Relevant Experience
• Sansone Group, Banning Commerce Center, Banning, CA – Assistant Project Manager and Environmental Analyst • United Water Conservation District, Coastal Brackish Groundwater Extraction and Treatment Project, Ventura County, CA – Environmental Analyst
• Western Municipal Water District, Murrieta Water and Sewer Master Plan Project, Murrieta, CA – Environmental Analyst • Q3 Consulting, Thousand Palms Channel Improvement Project, Indio, CA – Environmental Analyst • City of Menifee, Normandy Road Pedestrian Improvements Project, Menifee, CA – Environmental Analyst • City of Menifee, Nova Power Bank Project, Menifee, CA – Environmental Analyst and Task Manager • Moreno Valley Holdings, LLC, Moreno Valley Mall Redevelopment Project, Moreno Valley, CA – Environmental Analyst and EIR Task Manager
• Highland Fairview, World Logistics Center, Moreno Valley, CA – Environmental Analyst and Entitlements Support • Terra-Gen, LLC, Lockhart Solar PV II Project, San Bernardino County, CA – Environmental Analyst • Hillwood, Gateway South Building 9, San Bernardino, CA – Project Manager • Hillwood, Northgate Building 2 and Lot 6, San Bernardino, CA – Project Manager • Hillwood, Speedway Commerce Center II Specific Plan, San Bernardino County, CA – Environmental Analyst • Greystar, Rialto Warehouse Building Project, Rialto, CA – Entitlements and Environmental Task Manager • Town of Hebron, Sanitary Sewer Asset Management Plan, Hebron, IN – Staff Engineer* • Town of Hebron, Veterans Memorial Parkway Trail, Hebron, IN – Staff Engineer* • City of Hobart, Stinky Creek Diversion and Regional Storm Water Project, Hobart, IN – Staff Engineer* • City of Goshen, Goshen Dam Rehabilitation Feasibility Study, Goshen, IN – Staff Engineer* • NORWEJ, Water Main Extension Projects and Drinking Water Treatment, DeMotte, IN – Staff Engineer* • Numerous Communities in Indiana, Community Crossings Matching Grant Roadway Improvement Projects, IN – Staff Engineer*
*Prior to joining Kimley-Horn
Miles Eaton
Environmental Co-Lead
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PROFESSIONAL

CREDENTIALS
• Master of Arts, Urban and
Regional Planning, University of
California, Irvine
• Bachelor of Arts, Environmental
Studies, University of
California, Santa Cruz
• Bowlby and Associates, Inc.,
“FHWA Traffic Noise Model 2.5
Training Course”, 2012
• Navcon Engineering
Network, “SoundPLAN User
Training”, 2017
• Contact #: 714.705.1380
Ace has over 17 years of experience as an environmental analyst with a specialty in acoustics, air quality, and climate change. Ace is responsible for preparing and managing environmental and planning studies for public and private sector clients, under CEQA and NEPA for a variety of environmental planning projects involving redevelopment, infrastructure, residential, mixed-use, institutional, and commercial uses. Ace is experienced in applying a full analysis methodology per EPA, CARB, Air Pollution Control District/Air Quality Management District, and Caltrans/FHWA guidelines. His experience in Air Quality/GHG Assessments includes technical modeling using various state and federally approved programs including the California Emissions Estimator Model (CalEEMod), AERMOD, CALINE4, and EMFAC. He also provides a full range of noise impact analyses for public and private sector clients. Ace utilizes his experience with noise monitoring using Type I rated instruments as well as sophisticated noise modeling using FHWARD-77-108, FHWA Traffic Noise Model, and SoundPLAN to develop noise attenuation recommendations where necessary.

Relevant Experience
• Moreno Valley Mall Revitalization Project, Moreno Valley, CA – Air Quality/GHG, Health Risk, Energy, and Noise Lead • Speedway Commerce Center II Project, San Bernardino, CA – Air Quality, GHG, Health Risk, Energy, and Noise Lead • City of Anaheim, Community Climate Action Plan (CAP), Anaheim, CA – Air Quality/GHG, Health Risk, Energy, and Noise Specialist • City of Murrieta, General Plan Update, EIR, and Climate Action Plan, Murrieta, CA – Climate Action Plan Specialist* • City of Tustin, Red Hill Corridor Specific Plan and EIR, Tustin, CA – Air Quality/GHG and Noise Specialist • University of California, Irvine, Irvine Campus Medical Complex EIR Air Quality and GHG Studies, Irvine, CA – Air Quality/GHG, Health Risk, Energy, and Noise Lead
• Intuitive Surgical Corporate Campus Project, Health Risk Assessment and Acoustical Assessment, Sunnyvale, CA – Technical Lead
• Jefferson on Avalon Mixed-Use Specific Plan EIR Technical Studies, Carson, CA – Air Quality, GHG, Health Risk, Energy, and Noise Lead
• MainPlace Transformation Specific Plan Project, Santa Ana, CA – Air Quality, GHG, Health Risk, and Noise Lead • Koll Center Residences EIR, Newport Beach, CA – Air Quality, GHG, and Noise Lead • Fullerton Climate Action Plan (CAP), Fullerton, CA – Climate Action Plan Specialist* • Upland General Plan Update and EIR, Upland, CA – Climate Action Plan Specialist* • Charlottesville Area Transit (CAT), Facility Design and Zero Emissions Vehicles Feasibility Study, • Charlottesville, VA – Air Quality/GHG, Health Risk, Energy, and Noise Specialist *Prior to joining Kimley-Horn
Achilles (Ace) Malisos
Lead Air Quality, Greenhouse Gas, Energy, Health Risk, and Noise 775
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PROFESSIONAL

CREDENTIALS
• 2011, Civil Engineer, CA, 78923
• 2014, Traffic Engineer, CA 2722
• ASCE, On-Site
Circulation Design
• ITE, Intersection Safety
and Geometric Design
- Sight Distance
• SIDRA, Roundabout Analysis
Alex Tabrizi, PE, TE is a licensed civil engineer and licensed traffic engineer in the State of California and serves as the founding president of MAT Engineering, Inc. Mr. Tabrizi has worked professionally in the field traffic engineering and transportation planning/engineering since 2003. He received his bachelors of science degree in civil engineering with an emphasis on structural engineering from the University of California, Irvine.

Mr. Tabrizi has extensive experience in providing transportation planning and engineering consulting services and expertise to a wide range of clients including private sector, land developers, public agencies, various districts of California Department of Transportation (Caltrans), and local governments. Mr. Tabrizi has completed and supervised preparation of hundreds of complex transportation planning and parking demand/ utilization studies with successful track record in providing innovative, cost-effective and practical technical consulting services and solutions for politically sensitive, complex, and unique projects involving numerous stakeholders and requiring to meet accelerated project schedules.

As an Expert consultant to the California Board for Professional Engineers, Land Surveyors, and Geologists, Mr. Tabrizi assists the Board with development, maintenance, and validation of material for the Board’s professional licensing examinations. Mr. Tabrizi is also a member of the Traffic Engineering Occupational Analysis Task Force assisting the State’s Board of Engineers in determining descriptive information about the tasks performed by Traffic Engineers in the industry and the knowledge standards required to adequately perform those tasks.

Mr. Tabrizi has performed transportation planning studies dealing with various stages of project development, such as signal warrant analysis, circulation analysis, full traffic impact analysis, roundabout analysis and parking studies. He has prepared traffic flow visual simulations combining measured vehicular and pedestrian volumes with aerial imagery to show existing and future traffic circulation for public understanding and discussion. Mr. Tabrizi has also completed a number of transportation engineering and roadway design projects ranging from preparing preliminary studies and reports such as Caltrans Project Reports (PR) and City street improvement concepts to final construction plans, specifications, and cost estimates for Caltrans highway improvement projects.

Mr. Tabrizi is knowledgeable in computer applications for transportation engineering and planning, including, AutoCAD, Microstation with InRoads, Traffix, HCS, Synchro/ SimTraffic, and aaSIDRA.

Relevant Experience
• City of Aliso Viejo On-Call Services (Aliso Viejo, CA) • City of Costa Mesa On-Call Services (Costa Mesa, CA)
• City of Perris On-Call Services (Perris, CA)
• Redlands City-Wide Engineering & Traffic Survey (ET&S) • Corona de Mar / Coast Highway Bypass Traffic Review (Newport Beach, CA) • Dover Shores & Mariners Traffic Review (Newport Beach, CA) • Marymount College Facilities Expansion EIR (Rancho Palos Verdes, CA) • Murrieta Hills Residential & Commercial Specific Plan (Murrieta, CA) • Ridgeline Apartments (San Bernardino, CA)
• TTM 15731 (Highland, CA)
• TTM 19992 (Rancho Cucamonga, CA)
• Oxnard Village SP (Oxnard, CA)
• Lost Canyons Residential & Golf Club (Simi Valley, CA) • Vantis Live/Work & Apartments (Aliso Viejo, CA)
• Palmdale TOD Transit Village (Palmdale, CA)
• Fox Plaza Mixed Use Traffic & Parking Analysis (Riverside, CA) Alex Tabrizi, PE, TE
Traffic Lead
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PROFESSIONAL

CREDENTIALS
• Master of Arts, Historical
Archaeology, University of
Leicester, England
• Bachelor of Arts,
Anthropology, University of
California, Los Angeles
• Registered Professional
Archaeologist (2015 -Present)
• Society for American
Archaeology Desert Renewable
Energy Conservation
Plan (DRECP) Task Force
Chair (2021-2023)
• CALFIRE Native American
Advisory Council (2019-2023)
• Caltrans Native American
Advisory Council (2022-2023)
• Contact
number: 951.888.8960
Jessica has more than 10 years of experience focused on California cultural resources management with a focus in historic preservation and heritage stewardship. Due to her background working for federal and tribal Government, she has a robust background in effective communication between diverse groups of stakeholders and maintains a strong understanding of complex subject matters related to historic preservation and environmental law. She has been responsible for all aspects of fieldwork, technical reporting, and consultation for compliance with federal and California historic preservation and environmental law. She meets Secretary of Interior (SOI) Professional Qualifications in Archaeology, History, and Architectural History and is listed in the Register of Professional Archaeologists.

Relevant Experience
• San Pasqual Band of Mission Indians, Community Sewer System Project, Historic Property Inventory (NEPA/NHPA), San Pasqual Reservation, CA – Principal Investigator • Pala Band of Mission Indians, Comprehensive Land Use Plan, Pala Reservation, CA – Community Outreach (Lead), Baseline Assessment Report (Contributing Author), CLUP (Contributing Author)
• Bureau of Land Management, BLM Land Sale Project, Historic Properties Inventory and Evaluation Report (NEPA/NHPA), Barstow, CA – Principal Investigator/Sole Author
• City of Banning, Banning Commerce Center, Paleontological Resources Assessment (CEQA), Banning, CA - Principal Investigator
• City of Murrieta, Carmax Expansion Project, Cultural Resources Assessment (CEQA), Murrieta, CA – Principal Investigator/Sole Author
• City of Menifee, Cimmaron Ridge Project, Cultural Resources Assessment (CEQA), Menifee, CA – Principal Investigator/Sole Author
• City of Perris, Lowes Parking Lot Project, Cultural Resources Assessment and Paleontological Resources Assessment (CEQA), Perris, CA – Principal Investigator/Sole Author • City of Colton, 2245 West Valley Boulevard Project, Cultural Resources Assessment (CEQA), Colton, CA – Principal Investigator/Sole Author
• City of San Juan Capistrano, San Juan Plaza Project, Cultural Resources Assessment (CEQA), San Juan Capistrano, CA – Principal Investigator
• City of San Clemente, Recycled Waters Improvement Project, Historic Properties Inventory (NEPA/NHPA), San Clemente, CA – Principal Investigator
• City of San Clemente, Avenida Cordoba/Via Avila Storm Drain Improvements Project, Historic Properties Inventory (NEPA/ NHPA), San Clemente, CA – Principal Investigator
• City of San Clemente, Sea Cliff Boutique Motel and Restaurant Project, Historical Resources Technical Report (CEQA/SOI Rehab Compliance), San Clemente, CA – Peer Review Memorandum • City of Burbank, Serverfarm Burbank Project, Cultural Resources Inventory and Evaluation Report (CEQA), Burbank, CA – Principal Investigator/Sole Author
• City of Barstow and County of San Bernardino, BNSF BIG Barstow, Paleontological Resources Assessment (CEQA & NEPA/NHPA) and Cultural/Tribal Cultural Resources Coordination (CEQA & NEPA/NHPA), Barstow, CA – Cultural, Tribal, and Paleontological Resources Lead
• Metrolink, Balboa Double Track Extension Project, Los Angeles County, CA – Cultural Resources Monitoring Plan (CRMP) – Sole Author
Jessica Mauck, MA, RPA
Cultural Resources Management
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PROFESSIONAL

CREDENTIALS
• USFWS Permit TE039640-5 -2000-present
• California Gnatcatcher
• Southwestern Willow Flycatcher
• Fairy Shrimp
• Quino Checkerspot Butterfly
• Arroyo Toad Handler -USFWS
Approved 2010-present
• Least Bell’s Vireo and
California Gnatcatcher
Nest Monitor -USFWS
Approved 2001-present
• CEQA Consultants Rotation
List -County of San
Diego, 2013-present
• CDFW Memoranda
of Understanding
• CDFW Scientific
Collecting Permit #SC192940005 -2007-present
• Brown-Headed
Cowbird Trapping
• BLM Flat-tailed Horned Lizard
Handler -2011-present
• Desert Tortoise Council
Survey Techniques Workshop
-Certified 2007
• Wetland Training Institute
USACE Wetland Delineator
Training -Certified, 2007
• Belk Vernal Pool Branchiopods
Natural History and
Identification Training –2018
• 40-Hour
HAZWOPER -2020-present
• Strategic Growth Planning for
Entrepreneurs - SDSU Lavin
Entrepreneurship Center, 2013
• BS, Natural Resources
and Environmental
Sciences, May 1996
• University of Illinois at
Urbana/Champaign
Kris Alberts is the Principal Biologist and Vice President of Blackhawk Environmental. He is a wellrounded biologist, environmental consultant, project manager, botanist, water resources and compliance specialist with over 27 years of experience and numerous state and federal permits. His comprehensive background includes many endangered and sensitive species surveys, flora and fauna surveys, large and small project management, excellent writing capabilities, wetland and native habitat restoration, jurisdictional delineations, SWPPP/BMP implementation, environmental compliance, regulatory agency consultations, CEQA/NEPA documentation and creative mitigation approaches. His people skills, adaptability, intuition, resourcefulness and leadership through positive reinforcement invariably lead to project success. He has been directly responsible for saving millions of dollars of mitigation on several projects and is well respected for his sensibilities toward simultaneously satisfying project goals, regulatory agency requirements and species conservation.

Relevant Experience
• Pacifica Cottonwood Residential Development Project, sub to EPD Solutions, Moreno Valley, Riverside County, CA – Principal Biologist / Project Manager. This Project involved a proposed residential development with roadways, entrances, infrastructure and landscaping on 18 acres of vacant land in Moreno Valley. The Project also included channel improvements to a jurisdictional drainage feature. Conducted a literature review, focused burrowing owl burrow survey, baseline biological resources inventory, GIS analysis, sensitive species suitability analysis, vernal pool/riparian/ riverine presence/ absence survey, photo-documentation and jurisdictional waters delineation of the Project site, per Western Riverside County MSHCP guidelines in 2021 and 2022. Prepared a Habitat Assessment Report (HAR) per MSHCP guidelines that included burrowing owl and jurisdictional delineation survey results, along with a Determination of Biologically Equivalent or Superior Preservation (DBESP) report to mitigate for jurisdictional waters impacts. • Brodiaea Avenue Commercial Development Site Project, sub to EPD Solutions, Inc., Moreno Valley, Riverside County, CA – Principal Biologist / Project Manager. This Project involved the buildout of a commercial warehouse facility with associated parking, loading docks, offices, landscaping and other features on 6.71 acres of disturbed, vacant land in Moreno Valley, CA.

Conducted a literature review, focused burrowing owl burrow survey, baseline biological resources inventory, GIS analysis, sensitive species suitability analysis, vernal pool/riparian/riverine presence/ absence survey, photo-documentation and jurisdictional waters assessment of the Project site, per Western Riverside County MSHCP guidelines in 2016. Prepared a Habitat Assessment Report (HAR) per MSHCP guidelines that included burrowing owl survey results. • Tige Watersports Commercial & Retail Development Project, Private Landowner, Lake Elsinore, Riverside County, CA – Principal Biologist / Project Manager. This Project was proposed for the construction of a light industrial and retail facility on a previously graded and vacant pad to customize and sell motorboats in Lake Elsinore, CA. Conducted a literature review, focused burrowing owl burrow surveys, focused rare plant survey, baseline biological resources inventory, GIS analysis, sensitive species suitability analysis, vernal pool/riparian/riverine presence/absence survey, photo-documentation and jurisdictional waters assessment of the Project site, per Western Riverside County MSHCP guidelines in 2017. Prepared a Habitat Assessment Report (HAR), Focused Burrowing Owl Survey Report and Focused Rare Plant Survey Report per MSHCP guidelines. Worked directly with Riverside County and Lake Elsinore staff to address all mitigation measures and design features to facilitate the project while minimizing and avoiding impacts to adjacent open space riparian habitat.

Kris Alberts
Lead Biological Resources
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Seth Reimers
Lead Biological Resources

PROFESSIONAL

CREDENTIALS
• USFWS Permit TE-80703A-2
– 2013- present
• California Gnatcatcher
• Quino Checkerspot
• Butterfly
• CDFW Scientific
Collecting Permit #SC190080009 -2020-present
• CDFW/BLM Flat-tailed
Horned Lizard Handler –
2010 to present
• Richard Chinn USACE
Wetland Delineator Training –
Certified, 2013
• Southern Sierra Research
Station Southwestern Willow
Flycatcher Training –2011
• Desert Tortoise Council Survey
Techniques and Handling
Workshop – 2009
• 24-Hour HAZWOPER Certified
– 2019 to Present
• BS, Wildlife Ecology and
Conservation December
2004 Northwest Missouri
State University
Seth Reimers is a Senior Biologist and the President of Blackhawk Environmental. He is a decorated United States Army officer that transitioned to a career in environmental consulting in 2008. He is highly motivated to leverage diverse environmental consulting experience and numerous achievements acquired during his military career to provide biological services in resolving challenges found in the environmental consulting industry. Qualifications include over 15 years of experience in environmental consulting, a BS in Wildlife Ecology and Conservation, graduation of several military leadership and management courses, comprehensive flora and fauna survey experience, innovative environmental compliance implementation, and direct, decisive leadership and project management.

Relevant Experience
• Rancho Highlands Residential Subdivision Development Project, Temecula, Riverside County, CA – RTA Rancho Highlands, LLC., Biologist. This Project is part of a multi-phased residential subdivision development project in the City of Temecula, CA. Completed a Western Riverside County MSHCP Habitat Assessment Report (HAR), Habitat Acquisition Negotiation Strategy (HANS), Determination of a Biologically Equivalent or Superior Plan (DBESP), literature review, focused burrowing owl burrow surveys and report, baseline biological resources inventory, GIS analysis, sensitive species suitability analysis, vernal pool/riparian/riverine presence/absence survey, photodocumentation, jurisdictional delineation and report and project management tasks in 2018. • Pacifica Cottonwood Residential Development Project, sub to EPD Solutions, Moreno Valley, Riverside County, CA – Senior Biologist. This Project involved a proposed residential development with associated roadways, entrances, infrastructure and landscaping on approximately 18 acres of disturbed, vacant land in Moreno Valley. The Project also included channel improvements to the adjacent, man-altered, jurisdictional drainage feature. Conducted a literature review, focused burrowing owl burrow survey, baseline biological resources inventory, GIS analysis, sensitive species suitability analysis, vernal pool/riparian/riverine presence/absence survey, photo-documentation and jurisdictional waters delineation of the Project site, per Western Riverside County MSHCP guidelines in 2021 and 2022. Prepared a Habitat Assessment Report (HAR) per MSHCP guidelines that included burrowing owl and jurisdictional delineation survey results, along with a corresponding Determination of Biologically Equivalent or Superior Preservation (DBESP) report to mitigate for jurisdictional waters impacts. • Murrieta Hospitality Commons Project, sub to Athena Environmental, Murrieta, Riverside County, CA – Senior Biologist. Mr.

Reimers conducted a Western Riverside County MSHCP Consistency Analysis, habitat assessment, vegetation community mapping, and evaluation of potential for occurrence of sensitive resources, focused burrowing owl surveys. Mr. Reimers also delineated riparian/riverine areas and completed the jurisdictional assessments. Mr. Reimers was responsible for the Habitat Assessment Report preparation and drafted the mitigation measures used for the Project.
• Delsa Homes 21 Lots, sub to EPD Solutions Menifee, Riverside County, CA – Senior Biologist. This project proposed a suburban residential development on vacant land. Mr. Reimers conducted a Western Riverside County MSHCP Consistency Analysis, habitat assessment, vegetation community mapping, and evaluation of potential for occurrence of sensitive resources, focused burrowing owl surveys. Mr. Reimers was responsible for the Habitat Assessment Report preparation and drafted the mitigation measures used for the Project.
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Proposal for
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City of Banning  EVCA89003.2024  29

PROFESSIONAL

CREDENTIALS
• Master of Engineering,
Environmental Engineering,
University of Alberta
• Master of Science,
Mechanical Engineering,
University of Sarajevo
• Bachelor of Science,
Mechanical Engineering,
University of Sarajevo
• Professional Engineer
in California #M32229;
Washington #38468; and
Alberta, Canada #M54851
• Certified
Construction Manager #1713
• Professional Asset Manager,
Alberta, Canada
• Contact #: 619.272.7111
Momo is a program manager responsible for water resources projects, including planning, design development, calculations, presentations, and overall project development. His duties include leading and mentoring project teams and facilitating growth and collaboration with the rest of the firm’s water group. With experience in consulting engineering, Momo’s 35 years of experience encompasses project management; process/ mechanical engineering; infrastructure evaluation and assessment; and construction management services for a variety of water and wastewater projects, including potable and reclaimed water lines, sewer mains, potable and non-potable pump stations, wells, reservoirs, and water and sewage treatment plants.

Relevant Experience
• WMWD, 2022-23 Design of Pipeline Sections, Riverside County, CA – Project Manager.* • EVMWD, Summerly Recycled Water Pipeline System (Segment II), Lake Elsinore, CA – Project Manager.*
• Valley Center Municipal Water District (VCMWD), Valley Center Pipeline Replacement, Valley Center, CA – Project Engineer.* • VCMWD, Cole Grade Road and Valley Center Road Intersection Pipeline, Valley Center, CA – Project Engineer.* • Mission Springs Water District, Skyborne Development Management Services, Desert Hot Springs, CA – Construction Manager.*
• Eastern Municipal Water District (EMWD), Dunlap Road Recycled Waterline Replacement, Temecula, CA – Project Manager.* • EMWD/Rancho California Water District (RCWD), Nicolas Road Waterline Relocations, Temecula, CA – Project Manager.* • West Valley Water District (WVWD), I-10/Cedar Waterline Relocation, San Bernardino County, CA – Project Manager.* • Beaumont-Cherry Valley Water District, Potable Water Main Replacements, Beaumont, CA – Project Manager.* *Performed prior to joining Kimley-Horn
Momcilo (Momo) Savovic, P.E.,CCM
Project Description/Alternatives
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Proposal for
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Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  30

PROFESSIONAL

CREDENTIALS
• Master of Science, Geographic
Information Systems, California
State University, San Diego
• Bachelor of Arts, Geographic
Information Science, California
State University, San Diego
• Federal Aviation Administration
Part 107 Small Unmanned
Aircraft System (sUAS) Pilot
• Professional Wetland Scientist
(#3464), Society of Wetland
Scientists Professional
Certification Program
• CRAM for Riverine Wetlands-
• Certified Practitioner,
California, 2016
• Contact #: 657.208.6964
Tim assists in the preparation of environmental and planning studies for public and private sector clients.

He is extensively involved with Section 404, 401, and 1602 permit processing through the U.S. Army Corps of Engineers, Regional Water Quality Control Boards, and the California Department of Fish and Wildlife respectively. He also routinely coordinates with the California Coastal Commission to obtain Coastal Development Permits for those projects within the Coastal Zone. Tim also routinely leads field delineations of jurisdictional waters/wetlands and he also provides environmental analysis in accordance with CEQA and NEPA.

Relevant Experience
• University of California Irvine, UCI Hydrogen Station Project, Irvine, CA – Regulatory Specialist*
• Orange County Sanitation District, Bay Bridge Pump Station and Force Mains Replacement Project, Newport Beach, CA – Regulatory Specialist*
• Orange County Public Works, Regional General Permit Mapping/Long Term Maintenance, Orange County, CA – Regulatory Specialist*
• Harbor Island Community Association, Harbor Island Bridge Retrofit Project, Newport Beach, CA – Regulatory Specialist/Task Lead*
• City of Victorville Public Works Department, City-wide Environmental Maintenance Permits for Ephemeral Washes Project, Victorville, CA – Regulatory Specialist/Project Manager* • Lockheed Martin Aeronautics Company, Lockheed Martin Plant 10 Specific Plan, Palmdale, CA – Regulatory Specialist* • TRG Land, Inc., Travertine Development Project, La Quinta, CA – Regulatory Specialist/Project Manager* • Santa Clara Valley Water District, Lake Cunningham Flood Detention Facility Certification Project, San Jose, CA – Environmental Planner*
*Prior to joining Kimley-Horn
Tim Tidwell, PWS
Regulatory Permitting
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City of Banning  EVCA89003.2024  31
Professional
Credentials
• Master, City and Regional
Planning, California
Polytechnic State University,
San Luis Obispo
• Bachelor of Science,
Environmental
Management & Protection,
Concentration in Watershed
Management and Hydrology,
• California Polytechnic State
University, San Luis Obispo
• Contact #: 951.346.2596
Professional
Credentials
• • Bachelor of Science, City and
• Regional Planning, California
• Polytechnic State University,
San Luis Obispo
• Contact #: 714.705.1343
Ryan has over 11 years of experience as an environmental analyst with a specialty in acoustics, air quality, and climate change. Ryan is responsible for preparing and managing environmental and planning studies for public and private sector clients, under CEQA and NEPA for a variety of environmental planning projects involving redevelopment, infrastructure, residential, mixed use, institutional, industrial, and commercial uses. He also has experience preparing Visual Impact Assessments and Hazardous Materials analyses for various environmental planning projects. Ryan is experienced in applying a full analysis methodology per EPA, CARB, Air Pollution Control District/Air Quality Management District, and Caltrans/ FHWA guidelines. His knowledge in Air Quality/Greenhouse Gas Assessments includes technical modeling experience using various state and federally approved programs including the California Emissions Estimator Model (CalEEMod), AERMOD, CALINE4, EMFAC, and RCEM. He also provides a full range of noise impact analyses for public and private sector clients. Ryan utilizes his experience with noise monitoring using Type I rated instruments as well as sophisticated noise modeling using FHWA-RD-77-108, Traffic Noise Model 2.5, and SoundPLAN to develop noise attenuation recommendations where necessary.

Relevant Experience
• SCVTA, US 101/SR 25 Interchange Improvements, Santa Clara, CA – Environmental • SDOT, Seattle Transportation Plan, Seattle, WA – Project Planner • University of California Irvine, UCI Facilities Management Relocation Noise, Irvine, CA – Project Planner • City of Menifee, Northern Gateway Commerce, Menifee, CA – Project Planner • City of Fontana, Sierra/Casa Grade Warehouse EIR, Fontana, CA – Project Planner Ryan Chiene
Air Quality, Greenhouse Gas, Energy, Health Risk and Noise Cameron has professional experience in environmental planning in accordance with CEQA, including professional experience in GIS. Her combined skillset in environmental management, city planning, and GIS enables her to assist on a broad range of projects as well as to write well-informed environmental documents backed by GIS data. Cameron provides CEQA compliance review and environmental documentation, in addition to research, analysis, and writing. Cameron has contributed to various projects for clients from both the private-sector and the public-sector. She has provided environmental analysis for residential, industrial, and commercial projects in the counties of San Bernardino, Riverside, Orange, and Los Angeles.

Relevant Experience
• Confidential, Confidential Railway and Industrial Project Environmental Impact Report (EIR) and Feasibility Analysis, CA – Environmental Analyst, GIS Specialist
• KPC Development Company, LLC, Coachella Specific Plan Project, Coachella, CA – Environmental Analyst, GIS Specialist • Hillwood Investment Group, Speedway Commerce Center II Specific Plan, Irwindale, CA – Environmental Analyst, Environmental Justice Outreach
• South Coast Water District, Doheny Desalination Plant Project, Dana Point, CA – Environmental Analyst Cameron Bauer
Environmental Support
782
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  32
Professional
Credentials
• Bachelor of Science, Civil
Engineering (Specialization in
Transportation), University of
• California, Irvine
Professional Civil Engineer in
California #65218
• Contact #: 714.705.1331 Jason brings 24 years in traffic engineering and transportation planning. He has worked with clients in Riverside County on a multitude of design projects including extensive involvement with Caltrans District

8. This includes Caltrans format traffic operations studies and design for traffic signals, signing and striping, traffic control, street lighting, signal interconnect and ITS designs. Jason’s background includes Synchro Simulation and multi-period traffic analysis consistent with Caltrans District 8 requirements for the Traffic Operations Analysis Report (TOAR). In addition, Jason provides the traffic element designs consistent with the approved TOAR and Caltrans requirements, including complex traffic signals.

Relevant Experience
• City of Beaumont, I-10/Pennsylvania Avenue Corridor PA/ED and PS&E, Beaumont, CA (District 8) – Traffic Lead • County of Riverside, I-10/Sunset Avenue Interchange (PA/ED, PS&E), Banning, CA (District 8) - Traffic Operations and Design • City of Corona, SR 91/McKinley Street Interchange Improvements PA/ED and PS&E, Corona, CA (District 8) – Traffic Lead • City of Moreno Valley, I-215 at Cactus Avenue PSR Interchange Improvements, Moreno Valley, CA (District 8) – Traffic Lead • County of Riverside, Mission Boulevard Bridge Replacement, Riverside, CA (District 8) – Traffic Lead • County of Riverside, Horizontal Curve Assessment, Riverside County, CA (District 8) – Project Engineer • City of Cathedral City, Professional Engineering Services for Date Palm Drive and Varner Road Safety Improvements, Cathedral City, CA – Project Engineer
• City of Rancho Mirage, Design of Traffic Signal Interconnect Improvements City Projects, Rancho Mirage, CA – Project Engineer
• City of Rancho Mirage, Citywide Traffic Signal Equipment and Infrastructure Assessment Study, Rancho Mirage, CA – Project Engineer
Jason Melchor, P.E.

Traffic Support
Professional
Credentials
• Master of Science,
Environmental Engineering,
National University
• Bachelor of Fine Arts, Graphic
Design, California State
University, Fullerton
• EIT # 12784-61834
• Contact #: 951.382.0962
Alex Pohlman has over twelve years of experience working with different public agencies, cities and counties. He has prepared CEQA and NEPA documents as well as technical studies for air quality analysis, greenhouse gas emission reports, and acoustical analysis. In addition, as part of the FEMA CERC program he has reviewed Hazard Mitigation Plans for FEMA Region I and prepared Risk Assessment Reports for FEMA Region X. He also has extensive knowledge of GIS and has performed endangered species mapping, hydrological mapping, and LIDAR data processing.

Relevant Experience
• 9th Street and Vineyard Avenue Warehouse Project, Rancho Cucamonga, CA – Environmental Analyst • Almond Avenue Warehouse Project, San Bernardino County, CA – Environmental Analyst • Rosecrans Avenue Project, Gardena, CA – Environmental Analyst • Olive Avenue Development, Rialto, CA – Environmental Analyst • I-15 Logistics Center, Fontana, CA – Environmental Analyst* Alex Pohlman
Air Quality, Greenhouse Gas, Energy, Health Risk and Noise 783
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  33

PROFESSIONAL

CREDENTIALS
• Register for Professional
Archaeologists (#5502)
• Meets the Secretary of Interior’s
Professional Qualification
Standards in Archeology
• Master of Arts, Applied
Archaeology, California State
University, San Bernardino
• Bachelor of Arts, Anthropology,
University of Redlands
• Contact
number: 951-345-2543
Jamie is a cultural resources management professional with five years of experience in archeological fieldwork, archaeological collections management, historic preservation regulatory compliance, tribal consultation, and public education. Jamie has worked in both public and private sectors, conducting archaeological fieldwork under state and federal laws. Jamie worked for a tribal government where she oversaw numerous archaeological investigations and conducted robust consultation with numerous parties. Also, Jamie has worked for various museums, labs, and archives and gained a strong research and analysis background.

Relevant Experience
• Inglewood Associates, Morningside School Site Residential Project, Inglewood, CA – Archaeologist and Author • San Bernardino County Regional Parks Department, Camp Switzerland Lift Station Project, Crestline, CA – Archaeologist and Author
• Riverside County Regional Park and Open-Space District, Kabian Memorial Park Improvements Project, Perris, CA – Archaeologist and Author
• Kingdom Development, Linwood Rose Project, Moreno Valley, CA – Archaeologist and Contributing Author • City of Menifee, Ethanac Business Park Project, Menifee, CA – Archaeologist and Author • Shea Properties, Anaheim Hills Festival Project, Anaheim, CA – Archaeologist and Author • BNSF Railway, High Desert Operational Efficiency Project, San Bernardino County, CA – Archaeologist and Contributing Author • City of Chula Vista, Telegraph Canyon Channel Improvements Project, Chula Vista, CA – Archaeologist and Lead Author • City of Moreno Valley, Merwin Property Project, Moreno Valley, CA – Archaeologist and Lead Author Jamie Nord, MA, RPA
Cultural Resources
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Proposal for
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Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  34
D. DISCLOSURE
To the best of our knowledge, Kimley-Horn does not have any past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, appointed official, or City employee.

In the interest of disclosure, we have provided a list of current and past projects with the City. None of the listed projects conflict with the proposed on-call contract with the City.

Past and Current Projects:
• City of Banning, On-Call Engineering Services
• City of Banning, Hargrave Street Grade Separation
• RCTD, I-10 Bypass
• RCTD, I-10/Sunset Avenue Grade Separation
• Morongo Band of Mission Indians, Morongo Casino and Resort Parking Structure Layout • Rancho San Gorgonio, LLC, Caltrans Support
• Carvana, LLC, Carvana Banning
• Wal-Mart Stores, LLC, Sams Banning
• Family Dollar Stores, Inc., Family Dollar Store West Ramsey • Messenger Investment Co., Messenger Industrial Park Banning Airport 785
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  35
E. EXPERIENCE AND REFERENCES
Kimley-Horn is a full-service engineering, planning, and environmental consulting firm providing services to both public and private sector clients nationwide for over 57 years. Kimley-Horn has not filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefits of creditors in the last 10 years.

References
Project Experience
Kimley-Horn has been providing planning and engineering services to public agencies for more than 57 years, 35 of which have been spent serving California clients. We are well-equipped to address all aspects of this project to see it through successful completion. On the following pages, we have highlighted our experience in areas relevant to this project.

South Coast Water District, Doheny Ocean Desalination Project EIR and Regulatory Permitting, Dana Point, CA
Kimley-Horn staff are responsible for a wide range of CEQA/NEPA, technical study, and regulatory permitting for this complex, high priority District project. The Kimley-Horn team led the successful completion of the Project’s Final Environmental Impact Report (EIR) and also led the recent highly successful effort at obtaining the Project’s Coastal Development Permit. Project Manager Kevin Thomas has also led the federal consultation process with the U.S. Bureau of Reclamation (SHPO 106 consultation, NOAA NMFS Section 7 and EFH consultation, USFWS Section 7 consultation), and supported District staff in submitting applications for various state and federal grant funding and low interest loans. Through this work effort, the Kimley-Horn team also led the regulatory permitting process with the State Lands Commission (for three separate lease applications), and provided key technical support for the successful acquisition of the Regional Water Quality Control Board NPDES Permit and Water Code Determination. Kimley-Horn is working closely with District staff and state agencies in various nuanced aspects of the environmental permitting process, including tribal consultation, stakeholder outreach, and disadvantaged communities.

Client Contact: Marc Serna, P.E. District Engineer, South Coast Water District 31592 West Street, Laguna Beach, CA 92651
949-499-4555
[email protected]
Project: Doheny Ocean Desalination Project
Services Provided: EIR, CEQA Plus, NEPA Support, Regulatory Permitting January 2016 - Present
Client Contact: DJ Moore, Outside Legal Counsel, Latham Watkins 355 South Grand Avenue, Suite 100, Los Angeles, CA 90071 213-891-7758
[email protected]
Project: California American Water, Monterey Peninsula Water Supply Project Services Provided: Environmental Assessment, Regulatory Permitting Support 2004 - Present
Client Contact: Amber Boone, M.S., M.P.A., BCES, Director of Environmental Compliance, South Orange County Wastewater Authority
24156 Del Obispo St., Dana Point, CA 92629
949-234-5409
[email protected]
Project: SOCWA San Juan Creek Ocean Outfall
Services Provided: EIR/permitting, Permitting, Coastal Treatment Plan Expansion Categorical Exemption January 2016 - Present
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Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
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Mesa Water District, Well Automation and Rehabilitation Project, Costa Mesa, CA Kimley-Horn has provided CEQA compliance assistance to Mesa Water District for various projects. While at MBI, Kevin Thomas assisted with the District’s Well Automation and Rehabilitation Project, and this support continued when Kevin joined Kimley-Horn. The Project included rehabilitation of clear wells 1, 3, 5, and 7 due to historic poor performance. Kevin Thomas was brought in to provide critical path CEQA compliance assistance for this $10 million capital improvement project. The design engineer’s original CEQA consultant recommended a long series of field studies and formal Initial Studies for each of the four sites, representing more than six months in schedule delay and over $100,000. Kevin was brought in to assess the projects, and worked closely with the design engineer and District staff to do a quick field assessment and then prepare Categorical Exemptions for each of the four sites, with the total cost of less than $10,000 and the entire process completed in a matter of weeks.

Western Municipal Water District, Murrieta Water/Sewer master Plans MDS, Riverside, CA Kimley-Horn provided CEQA compliance and entitlements support for the District’s capital improvement project master plans for water and sewer utilities. Kimley-Horn staff were responsible for drafting of an Initial Study/Mitigated Negative Declaration and entitlement support throughout the duration of the Project. The Project consisted of various planned water and sewer infrastructure projects on a programmatic level.

South Orange County Wastewater Authority, Aliso Creek Ocean Outfall State Lands Lease Support, Dana Point, CA
Kimley-Horn has provided regulatory permitting assistance to the South Orange County Wastewater Authority for the Aliso Creek Ocean Outfall.

Kimley-Horn is responsible for providing permitting assistance to the South Orange County Wastewater Authority by helping prepare a lease application to the California State Lands Commission for the Aliso Creek Ocean Outfall.

Moulton Niguel Water District (MNWD), Plant 3A Upgrade Project, Laguna Hills, CA The MNWD proposes to expand their Plant 3A’s recycled water production and divert more wastewater to Plant 3A. The Project would implement various upgrades, repairs, and replacements to electrical and other systems that would rehabilitate the solids handling facilities and re-establish the desired level of service and redundancy of the solids handling processes. The proposed Project improvements would occur within the existing plant footprint, except the proposed electrical powerline relocation would occur immediately adjacent. Kimley-Horn’s services included an Initial Study/Mitigated Negative Declaration (IS/MND) and supporting technical studies, and surveys, and strategizing on multiple design alternatives.

UWCD, CEQA Documentation for the Coastal Brackish Groundwater and Treatment Project, Oxnard, CA
Kimley-Horn supported GEI and the District to provide NEPA Compliance, CEQA Services, and Regulatory Permitting.

Additional Related Experience
• Chino Basin Desalter Authority, Chino I Expansion and Chino II Desalter Subsequent EIR, Chino Basin, CA • County of San Bernardino, Clean Water Factory Program Draft EIR, San Bernardino, CA • EVMWD, Waite Street Pipeline and Reservoir IS/MND, Lake Elsinore, CA • Fallbrook Public Utilities District, Recycled Water Line IS/MND, Fallbrook, CA • Orange County Sanitation District, Carbon Canyon Dam Sewer Replacement Project IS/MND, Orange County, CA • Santa Ana Watershed Project Authority, Arlington Desalter Expansion IS/MND, Santa Ana, CA • Santa Ana Watershed Project Authority, SARI Pipeline Repair/Replacement EIR, Santa Ana, CA • South Orange County Wastewater Authority, Coastal Treatment Plant Expansion Categorical Exemption, Dana Point, CA • Victor Valley Wastewater Treatment Authority, VVWRA Treatment Plant Expansion IS/MND, Victor Valley, CA • Western Municipal Water District, Murrieta Master Plans of Water and Sewer IS/MND, Murrieta, CA 787
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  37
F. PRICE PROPOSAL
Submitted Separately
788
CONTACT:

KEVIN THOMAS
[email protected] 951.543.9875
3801 University Avenue, Suite 300
Riverside, CA 92501
www.kimley-horn.com The entirety of this proposal, including text and images, is the property of Kimley-Horn and
Associates, Inc., protected under U.S. copyright law.

Copyright © 2024 Kimley-Horn and Associates, Inc.
789
Category/Title
Billing Rate $410 $350 $315 $255 $230 $200 $175 $160 $150 $110 Task 1 Project Management and Coordination 8 72 80 $ 17,680

1.1 Project Initiation and Kick-Off Meeting 2 10 12 $ 2,8201.2 Project Management and Coordination 6 62 68 $ 14,860 Task 2 Project Description 2 1 14 1 18 $ 4,120

2.1 Project Description 2 1 14 1 18 $ 4,120
Task 3 Technical Studies and Assessments 4 59 28 126 1 218 $ 48,105

3.1 Air Quality Assessment 1 13 40 54 $ 11,6303.2 Greenhouse Gas Emissions Analysis 1 6 20 27 $ 5,8453.3 Noise and Vibration Analysis 1 14 44 1 60 $ 12,8453.4 Energy Analysis 1 4 22 27 $ 5,7353.5 Cultural Resources Assessment 22 28 50 $ 12,0503.6 Western Riverside County MSHCP Habitat Assessment Report (See Other Direct Costs Below - Blackhawk Environmental) $ ‐

3.7 MAT Engineering - Trip Generation Memorandum and VMT Screening (See Other Direct Costs Below - MAT Engineering) $ ‐ Task 4 Initial Study / Mitigated Negative Declaration 16 2 2 32 10 95 100 38 36 331 $ 63,010

4.1 Administrative Draft IS/MND 4 2 2 12 10 30 60 20 6 146 $ 27,5904.2 Alternatives Analysis 2 2 15 10 2 2 33 $ 6,4504.3 Revised Administrative Draft IS/MND 2 4 10 20 36 $ 7,0404.4 Draft IS/MND 2 4 10 10 6 16 48 $ 8,1004.5 Distribution and Noticing 1 1 4 2 12 20 $ 3,0854.6 Response to Public Comments 2 4 10 4 20 $ 4,4404.7 Final IS/MND 2 4 10 4 20 $ 4,4404.8 Mitigation Monitoring and Reporting Plan 1 16 8 $ 1,865 Task 5 Public Hearings and Notice of Determination 6 10 1 17 $ 4,610

5.1 Public Hearings 6 6 12 $ 3,6605.2 Notice of Determination 4 15 $ 950 Task 6 Regulatory Permitting Matrix 12 4 2 18 $ 3,580

6.1 Permit Tracking Matrix 12 4 2 18 $ 3,580
TOTAL HOURS 32 3 6 91 50 317 101 44 38 682
Subtotal Labor: $13,120 $1,050 $1,890 $23,205 $11,500 $63,400 $16,160 $6,600 $4,180 $ 141,105 Other Direct Costs $ 23,907Labor Escalation $ 6,367Noise and Vibration Analysis $ 300Cultural Resources $ 1,000NOD Filing Fee $ 3,489.55MAT Engineering (Traffic) $ 4,950Blackhawk Environmental (Biological Resources) $ 7,800 TOTAL COST: $ 165,012
Optional Tasks
Task O Optional Tasks 14 6 20 $ 4,950
O.1 Cultural Consultation / Coordination Support 14 6 20 $ 4,950O.2 Blackhawk Environmental - Focused Burrowing Owl Surveys and Report (See Optional Other Direct Costs below) $ ‐ O.3 Blackhawk Environmental - Focused Rare Plant Survey (See Optional Other Direct Costs below) $ ‐
O.4 Blackhawk Environmental - Aquatic Resources Delineation Survey and Report (See Optional Other Direct Costs below) $ ‐ OPTIONAL TASKS TOTAL HOURS 14 6 20
Optional Tasks Subtotal Labor: $3,570 $1,380 $ 4,950
Optional Other Direct Costs $ 22,930Blackhawk Environmental (O.2) $ 9,120Blackhawk Environmental (O.3) $ 5,340Blackhawk Environmental (O.4) $ 8,470 TOTAL COST with Optional Tasks included: $ 192,892

CITY OF BANNING
Environmental Compliance Services for the Wastewater Treatment Plant Upgrades Kimley-Horn and Associates, Inc.

Project
Support TOTAL
HOURS
TOTAL
COST
Analyst I Sr. Professional I Sr. Professional I Professional Analyst II Analyst II Sr. Professional II Sr. Professional II Analyst I 790
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2344655v8
AGREEMENT FOR PROFESSIONAL SERVICES (C01009) FOR WWTP

ENVIRONMENTAL COMPLIANCE SERVICES BY AND BETWEEN
CITY OF BANNING AND KIMLEY-HORN AND ASSOCIATES, INC.

THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Kimley-Horn and Associates, Inc., a North Carolina Corporation, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought by issuance of a Request for Proposal (RFP 23-058) for the performance of the WWTP Environmental Compliance Services and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “professional standards” 791
-2-
shall mean those standards of practice recognized by one or more firms performing similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

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

1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 792
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documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

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

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

1.9 Facilities and Equipment.

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

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 793
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1.11 Corrections.

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

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

1.12 Party Representatives.

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

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

Name Title
Kevin Thomas Project Manager
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 794
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Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

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

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

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

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 795
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than One Hundred Ninety-Two Thousand Eight Hundred Ninety-Two Dollars ($192,892.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City.

Coordination of the performance of the Services with City is a critical component of the Services.

If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Unauthorized Services and Expenses.

City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 796
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.

2.6 Waiver.

Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

3.2 Schedule of Performance.

Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 797
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

The Term of this Agreement shall be from the Effective Date through December 31, 2025, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.

C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.

D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 798
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.

4.4 Primary and Non-Contributing.

The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

4.5 Consultant’s Waiver of Subrogation.

The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

4.6 Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.

4.7 Cancellations or Modifications to Coverage.

Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

4.8 City Remedy for Noncompliance.

If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 799
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4.9 Evidence of Insurance.

Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.

Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

4.10 Indemnity Requirements not Limiting.

Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.

4.11 Sub-contractor Insurance Requirements.

Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), which arise out of, pertain to, or relate to, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c). To the fullest extent permitted by law, Consultant’s total liability, including the cost of defense to Indemnitees and anyone claiming by, through, or under Indemnitees for Liabilities caused in part by Consultant’s negligence and in part by Indemnitees’ negligence or any other negligent entity or individual, shall not exceed the percentage share that Consultant’s negligence bears to the total negligence of Consultant, Indemnitees, and all other negligent entities and individuals. 800
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2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities and Claims, in law or in equity, which to the extent arise out of, pertain to, or relate to the negligent acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, except for Liabilities and Claims arising from the sole or active negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties. To the fullest extent permitted by law, Consultant’s total liability, including the cost of defense to Indemnitees and anyone claiming by, through, or under Indemnitees for any Liabilities or Claims caused in part by the negligence of Consultant’s subcontractor, its officers, agents, servants, employees, sub-contractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) and in part by Consultant’s or Indemnitees’ negligence, or any other negligent entity or individual, shall not exceed the percentage share that Consultant’s sub-contractor’s negligence bears to the total negligence of Consultant’s subcontractor, Consultant, City, and all other negligent entities and individuals.

B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement. 801
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ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All 802
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sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.

D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. 803
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6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.

6.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the 804
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provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

6.5 Rights and Remedies are Cumulative.

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

6.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.

6.7 Termination Prior to Expiration of Term.

This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other 805
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relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.

7.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement. 806
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7.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.

Consultant shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:

If to City Attn: Art Vela
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
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If to Consultant: Attn: Kevin Thomas, Project Manager
Kimley-Horn and Associates, Inc.
3801 University Avenue, Suite 300
Riverside, CA 92501
Email: [email protected]

8.2 Interpretation.

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

8.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.4 Integration; Amendment.

This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

8.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 808
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B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

8.7 No Third Party Beneficiaries Intended.

This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

8.8 Final Payment Acceptance Constitutes Release.

The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.

8.9 Non-Appropriation of Funds.

Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

8.10 Headings.

The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.

8.11 Word Usage.

Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

8.12 Business Days.
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“Business Days” refers to days that the Banning City Hall is open for business.

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
810
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

APPROVED AS TO FORM:

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

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
811
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing WWTP Environmental Compliance Services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
812
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  2
A. STATEMENT OF UNDERSTANDING
Understanding
This understanding of the Project is based on review of the provided Request for Proposal (“RFP”) and the attachments therein, records available online, and Kimley-Horn’s understanding of land use, the California Environmental Quality Act (“CEQA”), the National Environmental Policy Act (“NEPA”), and the Project scope of work.

The City is seeking a consultant to assist with the processing of the preparation of the environmental compliance documents for the Project.

CEQA/NEPA Approach
We have developed a formula for success that results in the presentation of pertinent information to decision-makers for determination and certification. For a successful CEQA/NEPA review process and preparation of a high-quality environmental document, our approach includes:
• Identification of the individual, cumulative, and growth-inducing impacts on the environment that might result from implementation of the proposed improvements
• Facilitation of open communication and development of an understanding of project needs with Client staff to guide the overall approach and successful issue resolution
• Commitment of senior level management to provide close coordination with the Client for technical accuracy and carefully monitor budget and schedule compliance
• Responsiveness to any significant issues of concern raised by responsible and regulatory agencies and the public EXHIBIT "A" Exhibit "A" - 2
813
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  3
Quality Control and Quality Assurance (QC/QA)
Since our founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service provided by the firm. Recognizing the importance of careful quality control, Kimley-Horn developed a quality assurance/quality control manual that every project manager and task manager is required to know and use. We strive for our procedures to facilitate the delivery of high-quality services that satisfy our client’s needs. There will be no learning curve relative to quality for the Kimley-Horn team.

ACHIEVED
Through adequate planning,
coordination, supervision,
and technical direction

CONTROLLED
By assigning a manager to
evaluate all work flow
and procedures

VERIFIED
Through independent
reviews by
qualified staff

SECURED
Through careful surveillance of
work activities by parties not
involved in the initial efforts

KIMLEY-HORN

QUALITY CONTROL IS
EXHIBIT "A" Exhibit "A" - 3
814
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  4
These fundamental principles apply to the entire project team and the design teams’ internal work effort. The strongest proof of Kimley-Horn’s ability to meet schedules and manage project costs and controlling schedules is our high percentage of repeat clients, approximately 90%.

Kimley-Horn will not need any City owned facilities or property to use or lease, purchase, or rent from the City in connection with the services to be performed.

Kimley-Horn will respond to one reconciled set of comments on the entitlement schedule.

Task Deliverables, to be delivered via electronic submittal:

EXHIBIT "A" Exhibit "A" - 4
815
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  5
Task 2 – Project Description
Task 2.1 – Project Description
The project description is a critical component because it is the basis for the environmental analysis. Based on information provided by the City, Kimley-Horn will prepare a Draft Project Description for City review and approval. The Project Description will detail the project’s location, environmental setting, background and history, project characteristics, construction schedule/phasing, and discretionary actions required for Project implementation. Exhibits/Figures will be prepared to show the regional and site vicinity and key project components to support the environmental analyses. Kimley-Horn will respond to one reconciled set of comments on the Draft Project Description. Kimley-Horn will prepare a Revised Project Description and submit to the City for approval prior to finalizing. This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

4. Odors. Kimley-Horn will provide a qualitative odor analysis from the construction and operation of the proposed project.

This task will be performed on a lump sum basis.

EXHIBIT "A" Exhibit "A" - 5
816
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  6
Task Deliverables, to be delivered via electronic submittal:

Task Deliverables, to be delivered via electronic submittal:

The following outlines our approach:

This task allows for reimbursable expenses up to $300 for the use of noise measurement equipment and applicable mileage costs incurred.

Task Deliverables, to be delivered via electronic submittal:

Â Noise and Vibration Analysis to be included in the CEQA document Â Modeling and Measurement Data, if applicable
EXHIBIT "A" Exhibit "A" - 6
817
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  7
Task 3.4 – Energy Analysis
Kimley-Horn will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3) and Appendix F of the CEQA Guidelines. The analysis will describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project.

Task Deliverables, to be delivered via electronic submittal:

Â This scope accommodates revisions based on one consolidated set of comments. Additional comments can be addressed on a time and materials basis.

Â This scope assumes the baseline conditions, project description, and approach will not change once Client issues the Authorization to Proceed (ATP).

Â Revisions or changes to the project that require re-analysis are excluded.

Â Deliverables will be provided as expeditiously as practicable with the goal of approximately 6 weeks of receipt of the requested data.

Â Deliverables will be provided electronically.

Â These tasks exclude meetings/hearings for Kimley-Horn Air Quality, GHG, Noise, and Energy specialists.

3. Report: A Cultural Resources Assessment will be prepared for the project pursuant to CEQA, NEPA, and Section 106 of the NHPA.

Task Deliverables, to be delivered via electronic submittal:

Â Cultural Resources Assessment
EXHIBIT "A" Exhibit "A" - 7
818
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  8
Task 3.6 – Western Riverside County MSHCP Habitat Assessment Report Kimley-Horn, in conjunction with Blackhawk Environmental (“Biologist” or “Blackhawk”), will prepare a Western Riverside Multiple Specific Habitat Conservation Plan (“MSHCP”) Habitat Assessment Report, as described below:

6.1.2, 6.1.3, 6.1.4, and 6.3.2 of the MSHCP. This task assumes up to one round of consensus comments and revisions prior to submittal of the final HAR.

This task will be performed on a lump sum basis.

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

EXHIBIT "A" Exhibit "A" - 8
819
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  9
Â The Project proponent will provide Blackhawk Environmental all CAD/GIS files required to depict the Project features on the biological resource impact analysis map(s). The files will be clean and easy to decipher without significant time (greater than 4 hours) spent by a GIS analyst to overlay on the biological resource map(s). Additional time for CAD/GIS work will be charged on a time and materials basis of $115/hour.

Task Deliverables, to be delivered via electronic submittal:

This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

Environmental resources anticipated to be addressed in the Administrative Draft IS/MND include:
• Aesthetics
• Agriculture and Forestry Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
EXHIBIT "A" Exhibit "A" - 9
820
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  10
• Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Tribal Cultural Resources
• Utilities and Service Systems
• Wildfire
Mandatory Findings of Significance. This section of the document will provide a discussion of the project’s impacts, as they relate to the mandatory findings of significance under CEQA.

This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

This task will be performed on a lump sum basis.

Task Deliverables, to be delivered via electronic submittal:

EXHIBIT "A" Exhibit "A" - 10
821
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  11
Â Word file in redline of the Revised Administrative Draft IS/MND with PDF files of figures and appendices Task 4.4 – Draft IS/MND
Kimley-Horn will respond to one consolidated set of comments from the City on the Revised Administrative Draft IS/MND and prepare the Draft IS/MND for public review. Assumptions made in Task 3.3 regarding the presentation of comments and revisions apply to this task. This task assumes that comments on the Revised Administrative Draft IS/MND will not be substantive and will be related to minor corrections, such as grammar, typograph, formatting, or organization of the IS/MND. Kimley-Horn will provide the Draft IS/MND, it’s figures and appendices, and all other related material in a PDF format for the County’s use. This task allows for up to three (3) hard copies of the Draft IS/MND with appendices provided on a USB thumb drive upon request by the City. This task will be performed on a time-and-material basis.

Task Deliverables:

Â Draft IS/MND in digital format for public circulation.

Â Up to three (3) hard copies of the Draft IS/MND with Appendices on USB thumb drive, upon request only.

The Draft IS/MND will be available for public review for a 30-day period. This task will be performed on a time-and-material basis.

Task Deliverables, to be delivered via electronic submittal:

Â Responses to Comments.

Task Deliverables, to be delivered via electronic submittal:

EXHIBIT "A" Exhibit "A" - 11
822
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  12
Task Deliverables, to be delivered via electronic submittal:

Kimley-Horn does not guarantee Project approval by the appropriate deliberative body or bodies. This task will be performed on a lump sum basis.

EXHIBIT "A" Exhibit "A" - 12
823
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  13
Optional Task 2 – Focused Burrowing Owl Surveys and Report If Task 3.6 determines that the survey area and/or buffer contains BUOW, BUOW-suitable burrows and/or BUOW sign, additional surveys will be required. If additional surveys are required, an additional three (3) focused BUOW surveys will be conducted on separate days, at least one week apart from one another, and during the BUOW breeding season (March 1 through August 31), for a total of four (4) survey days (including the initial habitat assessment and burrow survey included in Task 1). According to Riverside County and CDFW protocol survey guidelines for BUOW, the surveys may not be conducted during rain, high winds (>20mph), dense fog, or temperatures over 90 degrees F. Surveys would also be timed to occur from pre-dawn to two hours after sunrise, or from two hours before sunset until civil twilight. Blackhawk Environmental will not be responsible for delays due to these environmental constraints.

Assumptions and Exclusions:

Subtasks to be included are: a literature review for aquatic resources in the Project vicinity [including the National Wetlands Inventory (NWI), National Hydrography Dataset (NHD), United States Department of Agriculture (USDA) Web Soil Mapper, United States Geological Survey (USGS) topographic maps, current and historic aerial imagery], ESRI ArcGIS Collector database setup for field-based data collection purposes, EXHIBIT "A" Exhibit "A" - 13
824
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  14
vegetation mapping of the entire delineation survey area, a characterization of the existing conditions and vegetation communities (based on dominant and sub-dominant plant species present), representative photographs, photo log of the entire delineated area, and a formal aquatic resources delineation survey following current US Army Corps of Engineers (USACE), Regional Water Quality Control Board (RWQCB), and California Department of Fish & Wildlife (CDFW) protocols and guidelines. The delineation survey area will include the Project site (= impact areas), plus a 100-foot buffer surrounding the polygon(s).

Assumptions and Exclusions:

For the ARDR, These Items Shall be Supplied by the Project Owner:

Â Contact information for the applicant(s), property owner(s), and agent(s).

Â A signed statement from the property owner(s) allowing corps personnel to enter the property and collect samples during normal business hours.

Â Complete description of the overall activity or project.

Â Dimensions of proposed structures/fills to be constructed in waters of the United States and material(s) to be used in construction.

Â Complete description of other reasonably related activities to be undertaken as a result of project (such as fill or borrow sites).

Â Approximate project construction commencement and completion dates.

Â Amount of each type of material to be discharged in cubic yards.

Â Source(s) of material(s) to be discharged.

Â Area in acres or square feet of wetland waters of the United States to be filled.

Â Area in acres and lineal feet of other waters (non-wetland waters of the United States) to be filled.

Â Detailed half-size or full-size engineering drawings of the overall project or of specific components of the project occurring in waters of the United States.

Â Defined project boundary on plan drawings.

Â Sufficient linear dimensions depicted to calculate proposed volume and area quantities, based on both plan and cross-section views.

Â Sufficient linear dimensions depicted to characterize the size and area of proposed structures, based on both plan and cross-section views.

EXHIBIT "A" Exhibit "A" - 14
825
Proposal for
Environmental Services for the
Wastewater Treatment Plant Upgrades
City of Banning  EVCA89003.2024  15
For the ARDR, These Items Shall be Supplied by Blackhawk:

Â A statement confirming the delineation was conducted in accordance with the 1987 Corps of Engineers Wetland Delineation Manual and applicable Arid West regional supplement.

Â A statement confirming the use of the ordinary high-water mark (OHWM) field guide, or that it is not applicable in this case.

Â A narrative describing all aquatic resources on-site and an explanation of the mapped boundaries and any complex transition zones.

Â The rationale used to decide on the inclusion or exclusion of any aquatic resources which meet one or two of the three wetland criteria or do not exhibit a clear OWHM.

Â A description of any erosional features, upland swales, ditches, and other potential aquatic features that were considered but not included in the delineation.

Â Date(s) field work was completed.

Â WETS tables of pre-site visit precipitation data.

Â Description of if/how remote sensing was used in the delineation and include the name, date, and source of the tools and data used and copies of the maps/photographs.

Â Soil descriptions, soil maps, soil photos, and a discussion of any hydric soils.

Â A copy of the completed ORM Bulk Upload Aquatic Resource or Consolidate Excel spreadsheet.

Â Map(s) of all delineated aquatic resources.

Â Completed OHWM datasheet(s).

Â Completed wetland delineation datasheet(s).

Â A description of the methods used to survey the aquatic resource boundaries, including the level of accuracy of any GPS data used.

Â All digital data for the site, aquatic resource boundaries, and data point locations in the form of either ESRI shapefiles/geodatabase format or Google Earth KMZ or KML files.

Â All metadata file for all GIS files.

Â On the maps, label the affected waterbody [river, creek, stream, lake, pond, wetland) and river mile, if known] and/or the nearest waterbody into which the affected waterbody discharges.

Â On the maps, a legend for any relevant items shown (e.g., wetlands and/or other water types).

Â Maps are to show project area to be fill, dredged, or excavated in jurisdictional waters of the U.S.

Â Maps are to show location of existing shoreline or bank.

Â Maps are to show locations and elevations of all proposed fills, structures, and/or limits of work within and adjacent to potential waters of the U.S., including wetlands.

Â Maps are to show locations and dimensions of project-related cofferdams, borrow areas, disposal areas, stockpiling areas, and equipment staging areas.

Â Maps shall annotate all fills, structures, and/or limits of work as either permanent or temporary.

Â If applicable, maps may show the distance between proposed structures and any existing structures.

Â If applicable, maps may show the distance between the project area and any federal Â Navigation channel or other federal projects.

Â Maps shall indicate the location of photo points.

EXHIBIT "A" Exhibit "A" - 15
826
Exhibit “A”-16
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 827
Exhibit “B”-1
11303-0008\2344655v8.doc
EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

1. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”). Further, Consultant acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. Therefore, as to those Services that are “public works,” Consultant shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Consultant shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Consultant shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Consultant and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Consultant or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Consultant shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Consultant’s Services are subject to compliance monitoring and enforcement by DIR. Consultant shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Consultant acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Consultant shall post such rates at each job site covered by this Agreement.

6. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.
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Exhibit “B”-2
11303-0008\2344655v8.doc

8. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Consultant and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Consultant shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. The Consultant and Subcontractors shall not be debarred or suspended throughout the duration of this Agreement pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If the Consultant or any subcontractor becomes debarred or suspended during the duration of the project, the Consultant shall immediately notify City.

10. Consultant acknowledges that eight hours labor constitutes a legal day’s work.

Consultant shall comply with and be bound by Labor Code Section 1810. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ 829
Exhibit “B”-3
11303-0008\2344655v8.doc

12. For every subcontractor who will perform work on the project, Consultant shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Consultant shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Consultant shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including, without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any failure.
830
Exhibit “C”-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the rates set forth in Exhibit “C-1.”
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 831
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
832
Exhibit “D”- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City in accordance with the schedule attached as Exhibit D-1.

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
833
Exhibit “D-1”- 1
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
834

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: May 14, 2024
SUBJECT: Consideration of Resolution 2024-71, Approving a three (3) year Contract with Option to Extend for Two (2) Additional Years with NHA Advisors, LLC for Municipal Advisory Services that will be funded via task orders per Procurement Policy requirements and approving an initial task order for $100,000 to evaluate and assess financing and other options for the Electric Department
RECOMMENDATION:

Adopt Resolution 2024-71.

BACKGROUND:

The City does not currently have a contract with a municipal advisor. Municipal advisory services include financial planning and modeling, market analysis, debt management and implementation, ballot initiatives, and other value added services.

The City is a complex organization that has several enterprise funds that necessitate the need for the services provided by municipal advisors. Additionally, the General Fund would also benefit from those same services.

Most cities and other local agencies utilize the services of a municipal advisor.

The Scope Of Work that we advertised is as follows:

4. Scope of Work

4.1. General Services
A successful proposer will have the ability to provide services including, but not limited to, comprehensive financial planning and analysis services, credit rating surveillance, advise on market conditions, debt issuance and continuing disclosure services in order to:
achieve sufficient funds to operate the City
identify revenue streams for the City
and assist in efficient and effective administration in support of the management of the City

4.2. Financial Planning
The services to be provided by the municipal advisor shall be as needed and include, but not limited to, the following:

Act as the City of Banning’s Independent Registered Municipal Advisor as defined by the U.S.

Securities Exchange Commission (SEC) in connection with all capital markets activity. 835
Provide independent financial advice and serve solely the interest of the City of Banning.

Review the overall financial status of the City and recommend specific financing programs to maximize resources available for the implementation of projects.

Provide continuing updates and advice on the impact of current or proposed state or federal legislation and that could affect the financial plans of the City and refunding opportunities.

Provide as-needed financial advice regarding market conditions and trends, financial products, credit analysis, alternative financing, State or Federally subsidized loan programs, and other specialty financing.

Review the City's long-range financing strategy, particularly with respect to its capital improvement program.

Develop a financing plan analyzing alternatives based on the City’s needs and the municipal market environment evaluating structuring and pricing options: long or short term; callable or noncallable features; credit enhancement (Obtain bids if necessary); level debt service versus front or back-loaded debt service; and the consideration of premiums; discounts; or par securities.

Review and evaluate the City’s existing capital financing plans and work closely with Finance staff to determine whether current borrowing strategies need to be amended. Development of comprehensive capital plan, including the timing and security for planned borrowings, for its general fund and enterprise fund activities.

Assist in the formulation of financing plans, including presentations of alternative financial programs and strategies, taking into consideration appropriate debt structures, timing, impact on tax rates and taxpayers, budgeting, credit ratings, tax laws, and assessment of capital market conditions.

Analyze and make recommendations relating to various financing options so as to secure the lowest practical interest rate; enhance the marketability of the Bonds; achieve the widest competition for bond purchase to include retail, institutional, and other investor classes; and achieve optimal leverage of municipal resources, while maintaining a prudent level of risk, through debt obligations. Identify the advantages and disadvantages of any recommendations (bond market conditions, timing of sales, etc.).

At the request of the City, advise the City on reinvestment strategies for bond proceeds and any other funds related to the financing, execute investment bid processes, as needed, and negotiate final terms and conditions on the City’s behalf.

Prepare and present information designed to facilitate understanding of public sector financing and its implications to City staff and elected officials.

Be familiar with the City of Banning’s existing debt levels and covenants relating to that debt, bond resolutions, financial policies, strategic plan, capital plan, and anticipated financing needs.

Assist in preparing a financial model to include credit profile evaluation, valuation forecast, water fund financial forecast model, capital planning model and debt model.

Assist with ancillary services such as debt and capital planning advisory services.

Assist in the development of strategic financial plans and a financing schedule. This will include considering various potential financing. Techniques, including but not limited to, public versus privately- placed debt, fixed versus variable rate debt, long-term versus short-term amortization.

Developing financial analysis and special reports as requested.

Provide timely credit market information, evaluation and presentation of financing options, longterm financial planning, documentation of financing decision and on-going quantitative analysis.

Advise on current market conditions in the context of upcoming bond issues which may impact interest rates and bond sales. Advise on bond issue timing based on market conditions.

Conduct a survey of the financial resources of the City to determine the extent of their capacity to authorize, issue and service any debt instruments contemplated.

Consider and analyze future financing needs projected by the City’s staff and consulting experts.

Provide recommendations to the City regarding debt instruments under consideration, including such elements as the date of issue, interest payment dates, schedule of principal maturities, options of prior payment, security provisions, and such other provisions as may be appropriate in order to make the issue attractive to investors while achieving the objectives of the City.

Advise the City of its interpretation of current bond market conditions, other related forthcoming 836
bond issues and general information, with economic data so that the date of sale of the debt instruments may be set at a favorable time.

Review all outstanding long-term debt obligations for savings. Work with the City to balance bonds/cash/loans for ongoing Capital Improvement Projects.

Provide advice to the City on development projects on an ongoing basis to include capital funding and revenue to the City as well as review and advise on long-term contracts with outside development partners. Work with the City on an ongoing basis to acquire and/or increase bond ratings and visibility with institutional investors.

Perform other financial advisory services as may be required from time to time, including advising a municipality on refunding opportunities.

Assist with preparing City Council presentations and/or make presentations to City Council and City Management, as requested.

4.3. Debt Management and Financial Implementation
The services to be provided by the municipal advisor shall be as needed and include, but not limited to, the following:

Evaluate the particular financings being contemplated, giving consideration to the complexity, market acceptance, rating, size and structure in order to make the recommendation as to an appropriate method of sale.

Provide recommendations for specific debt offerings, including but not limited to, options regarding timing, sizing, maturity schedules, call provisions and rate structure.

Coordinate the preparation of the notice of sale and bidding instructions, official statement, official bid and such other documents as may be required and submit all such documents to the City for examination, approval and certification.

Advise on all debt offerings, including proposed interest rates and yields, need for credit enhancements, pre-sale marketing, and negotiation of fees and expenses.

Advise on bond sales climate and make recommendations with respect to whether sale of bonds should be competitive or negotiated. If negotiated, assist in the selection of bond underwriting firms by developing and issuing RFP’s. Manage, analyze, provide summaries of RFP responses, and provide recommendations of the underwriting team.

Make recommendations to the City as to the advisability of obtaining a credit rating, or ratings, for the debt instrument and, when directed by the City, coordinate the preparation of such information as may be appropriate for submission to the rating agency, or agencies.

Upon request from the City, assist in the selection of a Trustee and/or Paying Agent for the debt instruments, and assist in the negotiation of agreements pertinent to these services and the fees incident thereto.

Assist in preparation and review of official statements and other financing documents necessary for the issuance of debt. Conduct thorough review of the financial calculations relating to the sale of debt contained in the associated documents.

Assist in the selection and assignment of roles and responsibilities of bond counsel, trustee, paying agent, insurers, printers, rating agencies, and other parties involved in the debt issuance process.

Assist in the solicitation, evaluation, and negotiation of insurance proposals if needed.

Assist with the preparation for and participate in presentations, discussions, meetings, and conference calls with credit rating agencies for the issuance of debt.

Evaluate and provide expert advice during the bond pricing in the area of overall structure of the bond issue, including timing of the issue relative to market conditions, maturity structures, call provisions, interest rates, reserve fund requirements, disposition of bond proceeds, flow of funds, issuance costs, confirmation of present value savings, etc.

Assist in the presentation, preparations, and distribution of the Preliminary Official Statement (POS), Notice of Sale (NOS), Official Statement (OS), and other documents and materials required to facilitate the sale of any securities. Provide mailing list and overall management of mailing of the POS and NOS to potential underwriters and investors and manage the production 837
mailing of the final OS.

If the securities are sold on a competitive basis, assist in the bid process, verify the bids, and reallocate principal amounts throughout the loan if required to meet municipality objectives. Have a working knowledge with those competitive underwriters who typically lead syndicates that bid for municipal securities.

Assist with the preparation for and participate in information meetings and conference calls with prospective investors and others, as appropriate, prior to the issuance of debt.

Assist the City with independent auditor requests regarding debt related calculations or related information. Work with bond/tax counsel in advance of the publication or sale of any securities to ensure acceptance of the financing structure and the ability of bond counsel to deliver an unqualified opinion and review tax certificate to the municipality. Assist in the preparation and review of legal and financing documents in coordination with municipality legal counsel, bond counsel, underwriter’s counsel (if any) and disclosure counsel (if any), City staff, and other relevant parties.

Assist in the preparation and review of legal and financing documents in coordination with City staff, consultants, City Counsel, bond counsel, underwriter’s counsel (if any) and disclosure counsel (if any), and other relevant parties.

Create presentation materials and arrange calls/meetings with the rating agencies, bond underwriters (if negotiated), institutional investors, financial publications, credit enhancers, and other market participants. Note that presentation materials must meet or exceed the City’s current aesthetic and informational standards.

Participate in pre-closing and closing activities to ensure that all documents contained in the transaction of the sale accurately reflect the municipality’s understanding of the terms of the transaction. Review and approve closing documents including the tax certificate and 8038 filing forms.

Prepare a comprehensive “Final Pricing Book” within a reasonable time of the closing of each financing transaction that includes information requested by the City, at a minimum summary of the transaction describing any unique financing feature, security and other characteristics of the transaction.

Assist in the preparation and the required reporting of continuing disclosure documents, monitoring and reporting of disclosure events.

Make available qualified personnel for consultations and conferences with municipality officials, bond counsel, and staff members, as well as for other meetings on an as needed basis. With respect to bond financings, assist in sizing and structuring of the sale, prepare credit presentations, determine the maturing schedule, establish syndicate policies and closing procedures, and any other matters which may assist the City in obtaining the lowest practical interest cost and the widest competition for purchase of its obligations.

After consulting with and receiving directions from the City, arrange for such reports and opinions of recognized independent consultants as may be appropriate for the successful marketing of the debt instruments.

Provide feedback on underwriter recommendations, especially bond pricing and date.

Assist in determining the best method for marketing ore remarketing bonds under current market conditions.

Assist in evaluation of debt service reserve fund, and other debt related funds.

Attend meetings of the governing body of the City, its staff, representatives or committees as requested at all times when Consultant may be of assistance or service and the subject of financing is to be discussed.

To the extent authorized by the City, coordinate all work incident to printing of the offering documents and the debt instruments.

Maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authorization, sale and issuance of the debt instruments.

As soon as a bid for the debt instruments is accepted by the City, coordinate the efforts of all concerned to the end that the debt instruments may be delivered and paid for as expeditiously as possible and assist the City in the preparation or verification of final closing figures incident to the 838
delivery of the debt instruments.

After the closing of the sale and delivery of the debt instruments, deliver to the City a schedule of annual debt service requirements for the debt instruments and assure that the Trustee and or Paying Agent has been provided with a copy of the authorizing ordinance.

Subsequent to the sale and delivery of Debt Instruments, review the transaction and transaction documentation with Bond Counsel and any other experts and consultants retained by the City and assist in developing appropriate responses to legal processes, audit procedures, inquiries, internal reviews and similar matters.

Assist the City with independent auditor requests regarding debt related calculations or related information.

The firm engaged as Municipal Advisor will not be permitted to participate as underwriter or provider of escrow securities for the City of Banning for the term of the contract, even if the Municipal Advisor resigns or is terminated during the term thereof.

4.4. Ballot Initiatives
Assist the City with any requested voter-approved revenue measures:

Perform quantitative modeling and feasibility analysis that accounts for the distressed community designation that the City currently holds.

Develop revenue strategies to meet operational, capital, and service needs.

Analysis of tax types and ways to supplement through changes to parcel taxes, special taxes, general taxes, etc.

Sales Tax Measures
Utility Users Tax Measures
Transfer Taxes
Special Assessments
Other measures
Support services for management, elected officials, and community stakeholders, including but not limited to preparing tax filings, ballot arguments, community education, and reports to City Council.

4.5. Value Added Services Identified by the City
Pension and Other Post-Employment Benefits (OPEB) services, such as Section 115 trusts, Unaccrued Actuarial Liability (UAL) restructuring, funding policies, risk assessment, forecasting and sensitivity analysis.

Stakeholder education in areas of expertise.

Continuing Disclosure Compliance.

Vehicle lease versus buy analysis and budget management support services.

Fiscal analysis and forecasting services including sensitivity and scenario analysis.

Recession planning and efforts to provide early warning and planning for stability with the City's credit rating in mind.

JUSTIFICATION:

The City expects to issue debt for Wastewater, Water, and Electric in the next five (5) years. Financial modeling, evaluation, and assessment of financing needs or alternatives are needed citywide.

The City issued a Request for Proposals (RFP) for Municipal Advisory Services on March 6, 2024, which received two (2) proposals. NHA Advisors, LLC was selected for contract award through an evaluation process.

The evaluation scores are attached to this report.

FISCAL IMPACT:

This contract will be funded through task orders as defined in the Procurement Policy (B-30). Staff is currently requesting approval of a $100,000 task order to evaluate and assess financing and other options for the Electric Department to increase liquidity and stabilize or improve its bond rating. The first 839
task order will be appropriated and paid out of general ledger account 670-7000-473.33-11 for Professional Services.

ALTERNATIVES:

Do not approve Resolution and provide alternative direction.

ATTACHMENTS:

1. Resolution 2024-71, NHA Advisors LLC.docx

2. C01021 PSA - Municipal Advisory Services

3. Municipal Advisory Services Evaluation Tabulation
840
Resolution 2024-71

Page 1 of 4 ends

Banning City CouncilMay 14, 2024

Banning City Council
May 14, 2024