Banning City Council
December 9, 2025

A. STATEMENT OF UNDERSTANDING AND

APPROACH
Ruth Villalobos & Associates, Inc. (RVA) understands the City of Banning (City) is seeking a consultant, specifically RVA, who possesses experience and qualifications and is very familiar with the City’s procedural approach of integrating development and facilities with community needs.

RVA embraces the City’s motto as “the City of Endless
Opportunity.” Driving along Interstate 10, most people admire the beauty of the City’s location between the San Gorgonio and San Jacinto mountains. Given the continued growth in southern California, the City is prime for future development opportunities.

Since 2012, RVA has prepared over 200+ California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents, regulatory permits, and environmental compliance and “full” technical capabilities to handle the most complex projects to the simple, less complex projects.

RVA is familiar with the City’s approach of integrating facilities with community needs. We understand the process of formulation of alternatives analysis through feasibility planning and
environmental analysis, permit processing, development of conceptual and final design, support during construction, and incorporating maintenance plans for long-term success.

RVA has experienced professionals that specialize in preparing sound, defensible (CEQA) and (NEPA) documents, by staying abreast of recent case law and its implications on the
environmental analysis of current and future projects under consideration by the City.

RVA practices and follows sustainability principles relevant to California and the Banning Bass Area. Environmental documents prepared by RVA address the full range of environmental and technical issues, with professional specialists providing technical evaluation for biological resources, cultural resources, air quality, Company: Ruth Villalobos
& Associates, Inc.

Legal Entity: California
Corporation No.

C3628780
No. of Years
Incorporate: 12.5
Services Provided:

Environmental
• CEQA/NEPA
• Biological Resources
• Mitigation
• Jurisdictional
Delineations
• Cultural Resources
• Historic Resources
• Traffic
• Vehicle Miles Traveled
• Air Quality/GHG
• Noise/ Vibration
• Energy Use
Planning
• Land Use
• Program Development
• Multi-Use Trails
• Feasibility Studies
• Watershed
Management
• Stormwater Capture
• Water Conservation
Regulatory Permitting
• Section 401, 404, 1600
Permits
• Environmental Permit
Compliance
Community Outreach
• Public Relations and
Participation
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greenhouse gas emissions (GHG), and climate change, noise and vibration, traffic and transportation, flood control and drainage, water quality & supply, utility infrastructure, land use, consistency with local and regional plans, socioeconomics, fiscal/economic studies, utilities and services, energy use and conservation, visual and aesthetic effects, hazardous materials, wildfire risks, aggregate mining, neighborhood and construction effects, landform modification, agricultural suitability, regulatory permitting and many other environmental issue areas.

RVA approach to providing success for our services is a simple one: work closely together with the City in a collaborative, communicative, and multiple disciplinary integrated manner to produce high quality deliverables.

RVA offers practical, hands-on experience in assisting the City in defining the development and infrastructure needs of their communities while keeping public safety at the forefront. RVA team incorporates the current land use policies and standards into the preliminary engineering design of projects. RVA’s team maintains an ongoing dialogue with local, regional and state jurisdiction agencies to foster excellent relationships and keep abreast of their changing requirements and policies.

RVA prepares environmental documents to address the full range of environmental and technical issues, with specialists providing technical evaluation for traffic and transportation, flood control and drainage, water supply and conservation, water and utility infrastructure, water quality, air quality, greenhouse gas effects and climate change, noise and vibration, biological resources, land use, socioeconomics, fiscal/economic studies, utilities and services, energy conservation, visual and aesthetic effects, relevant planning, hazardous materials, neighborhood and construction effects, landform modification, agricultural suitability, regulatory permitting and many other environmental issue areas.

RVA offers an extensive array of services associated with CEQA/NEPA documentation, regulatory permitting, compliance and mitigation. RVA provides evaluation for the full range of environmental effects for all types of projects. Our highly qualified and experienced team offers documentation in compliance with environmental laws and regulations including the CEQA, NEPA, Clean Water Act (CWA), Clean Air Act, National Historic Preservation Act (NHPA), Endangered Species Act (ESA), CA Endangered Species Act (CESA), CA Fish and Game Code, Migratory Bird Treaty Act (MBTA), and other applicable environmental laws, regulations, policies, and state and federal Executive Orders.
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CEQA SERVICES
Categorical Exemptions
A project may be exempt by statute or pursuant to a categorical exemption which are classes of projects which have been determined not to have a significant impact on the environment. Some routine or minor activities may fall under an existing Categorical Exemption and/or may be exempt under CEQA. If a project is anticipated to qualify for an exemption, RVA will prepare a Notice of Exemption which includes a description of the project, the location of the project, a finding that the project is exempt from CEQA, including the citation to the State Guidelines section or statute, and the reasons to support the finding, which may include technical studies to document negative findings. The draft will include clear and informative graphics and mapping (using GIS or other appropriate software) to illustrate the project location and footprint and other pertinent information. RVA will file the Notice of Exemption with the City Clerk of the Board of Supervisors and State Clearinghouse, if required.

Initial Study/ Negative Declaration or Mitigated Negative Declaration To initiate this CEQA documentation process, RVA will draft a description of the proposed project, including all proposed improvements, the construction footprint, construction equipment and timing, operation and maintenance activities, and any offsite utility extensions, haul routes or staging areas. The draft project description will be provided to the City for review and comment. Once finalized and approved it will be used for the preparation of technical studies and the Initial Environmental Study Checklist (IS). Technical Studies typically include biological resources, jurisdictional delineation, cultural resources, air quality, greenhouse gas/climate change, noise, traffic or traffic control, geotechnical, hydrology, water quality, and hazardous materials.
✓ RVA will facilitate a kickoff meeting with the City to discuss the project description, project schedule and public scoping/consultation process, the Work Plan, and any other items that may be critical to the overall CEQA process.

RVA will prepare an Administrative (Admin) Draft IS, using the City’s most recent/applicable template. The Admin Draft IS will include a brief explanation of the significance determination, based on research, analysis, supporting technical studies, and consistency with applicable laws, plans, and policies. The draft will include clear and informative graphics and mapping (using GIS or other appropriate software) to illustrate the project location and footprint and other pertinent information. RVA will provide the Admin Draft Initial Study/Negative Declaration or Mitigated Negative Declaration (IS/ND or IS/MND) to the City for review and comment. A Draft Mitigation Monitoring and Reporting Program (MMRP) will be prepared and provided for review and comment if mitigation measures are required. RVA will address City comments on the Draft IS/ND or IS/MND and MMRP. The MMRP will be developed through working with the City to 464

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identify appropriate implementable monitoring steps and procedures in order to provide a basis for monitoring such measures during and upon Project implementation. Changes to the draft documents will be completed in MS Word “track changes” to assist the City’s review/back-check of changes to address all comments. The final version will be circulated to the public and agencies for 30-day review and comment period.
✓ RVA will consult with the City to establish the public review period, public notification and agency filing requirements for the SCEA/ND or MND. RVA will prepare draft notices for City review and approval and will assist in developing a distribution/mailing list. RVA will be responsible for ensuring all distribution and noticing is CEQA compliant and documented for the Administrative Record.

Upon conclusion of the public review period, RVA discusses any controversial items and policy issues with the City and will prepare written responses to all comment letters received. RVA will prepare thorough, reasoned, and appropriate responses to relevant environmental issues and provide to the City for review. RVA will participate in public hearings to support the City and respond to technical questions or comments from the public or Board of Supervisors related to the CEQA document. RVA will work with the City to prepare staff reports and presentations for hearings, if desired. RVA will prepare a draft Notice of Determination (NOD) and upon approval of the project and certification of the CEQA document, RVA will post the NOD with the City Clerk and the State Clearinghouse (as applicable).

Environmental Impact Report (EIR)
Consistent with preparation of an IS/ND or IS/MND, to initiate this CEQA EIR documentation process, RVA will draft a description of the proposed project, including all proposed improvements, construction footprint, construction equipment and timing, as well as operations and maintenance activities and any offsite utility extensions, haul routes or staging areas. The draft project description will be provided to the City for review and comment. The draft will include clear and
informative graphics and mapping (using GIS or other
appropriate software) to illustrate the project location and footprint and other pertinent information. Once finalized and approved it will be used for the preparation of the technical studies and the Initial Study/Notice of Preparation (NOP). Technical Studies typically include biological resources, jurisdictional delineation, cultural resources, air quality, greenhouse gas/climate change, noise, traffic or traffic control, geotechnical, hydrology, water resources/quality, and hazardous materials. A kickoff meeting will be held with the City to discuss the project description, project schedule and public scoping/consultation process, the Work Plan, and any other items that may be critical to the overall CEQA process. The IS/NOP may be used to rule out topics in which the proposed project will not have significant impacts (i.e. farmland, 465

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mineral resources, forest land) and focus the analysis in the Environmental Impact Report (EIR) on those topics with potentially significant or significant impacts.

RVA will assist the City in preparing for and conducting a scoping meeting or meetings. RVA will summarize all oral and written comments received at the scoping meetings and review all responses to the NOP following the 30-day review period to ensure that all relevant concerns are addressed in the Draft EIR. RVA will prepare an Admin Draft EIR in accordance with the State CEQA Statute and Guidelines. The standards/criteria of significance will be developed based on CEQA Guidelines and tailored or refined as relevant to City requirements (e.g. General Plan policies, programs or guidelines, and adopted ordinances). The impact analysis will specify the standards of significant thresholds for each topic. The Admin Draft will include:
• Executive Summary
• Introduction and Purpose
• Project Description
• Environmental Setting, Impacts & Mitigation Measures
• Growth Inducement
• Cumulative Impacts
• Additional CEQA Sections (includes Alternatives)
• Graphic Exhibits
• Appendices
RVA will revise the Admin Draft EIR to address all City comments. Changes to the draft document will be completed in MS Word “track changes” to assist the City’s review/back-check of changes prior to public circulation. The final version will be circulated to the public and agencies for review. RVA will consult with the City to establish the public review period, public notification and agency filing requirements for the EIR.
✓ RVA will prepare draft notices for City review and approval and will assist in developing a distribution/mailing list. RVA will be responsible for ensuring all distribution and noticing is CEQA compliant and documented for the Administrative Record.

Following the close of the minimum required 45-day public review period on the Draft EIR, RVA will meet with the City to determine the approach and the extent of response needed to fully address the comment letters received. RVA will respond to all written comments received on the Draft EIR. Although not required, the CEQA Guidelines recommend responding, if possible, to comments received after the close of the public review period. After the City’s review of the responses, RVA will revise the responses to address all City comments and finalize this section for inclusion in the Final EIR.
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✓ RVA will distribute the Comments and Responses packet to Responsible Agencies, as required by CEQA.

Any changes to the Draft EIR required in response to comment letters can be memorialized in an Errata to the Draft EIR or a revised Draft EIR (to be determined by the City). RVA will prepare an Errata or a Revised Draft EIR based on responses to public or agency comment letters or staffinitiated technical corrections. The Final EIR will consist of the "Comments and Responses" section, Draft EIR Errata or Revised Draft EIR, and Appendices. RVA will prepare a draft NOD and upon approval of the project and certification of the CEQA document, RVA will post the NOD with City Clerk of the Board of Supervisors and the State Clearinghouse. ✓ RVA will prepare a Statement of Facts and Findings to be defined through working with the City. RVA will also assist the City in preparing a draft Statement of Overriding Considerations, if necessary, for use in the Resolution.

RVA will participate in all public hearings at City Council meetings on the EIR. If requested, RVA will present or will prepare staff reports and presentations for the hearings. The RVA team will be prepared to answer technical questions related to the EIR and relevant comments on the EIR raised during the public hearing meetings. Preparation of written responses to late comment letters received, typically just before public hearings can be prepared, if necessary.

TECHNICAL STUDIES
Biological Resources Assessments. RVA has expert biologists and regulatory specialists experienced in the Federal and State Endangered Species Acts, the Migratory Bird Treaty Act, the California Fish and Game Code and biological impact analysis under CEQA and NEPA. The RVA team’s relationships with wildlife agencies, regulatory agencies, federal land managers, various conservation groups, and special interest groups allow the team to serve as a liaison between applicant and these agencies/ organizations.

General Biological Inventories – RVA will review all available information (literature and electronic database review) and conduct a site visit to verify sensitive habitats and species that are likely to occur on the project site. Biological Resources Assessment reports will be prepared that identify, map, and quantify vegetation types in the project area, identify species observed during site visits, identify potential sensitive plants and wildlife that could occur in the project area, identify avoidance and minimization measures, quantification of adverse impacts that cannot be avoided, and recommended mitigation measures.

Sensitive Plant and Wildlife Surveys – RVA includes qualified field biologists with the required experience and permits/certifications for focused surveys of sensitive, threatened, or endangered plant and wildlife species including (but not limited to) the following:
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• San Bernardino Kangaroo Rat
• California Gnatcatcher
• Burrowing Owl
• Least Bell’s Vireo
• Southwestern Willow Flycatcher
• Southwestern Pond Turtle
• Western Spadefoot Toad
• Crotch’s Bumble Bee
• Delhi Sands Flower Loving Fly
• Sensitive/ Rare Plants
• Sensitive/ Rare Amphibians, Reptiles, & Fish
• Sensitive/ Rare Bats
Jurisdictional Delineations – RVA includes experienced delineators to complete field delineations of jurisdictional Waters of the US and waters of the State, including wetlands. The delineation will include a determination of the US Army Corps of Engineers (USACE) Ordinary High-Water Mark (OHWM) and any indication of the three parameters of a wetland. The actual presence or absence of wetlands on site will be verified through the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. The delineation will also include the California Department of Fish and Wildlife (CDFW)’s jurisdiction, being identified via top of bank of the on-site streambed or to the outer dripline of riparian vegetation, pursuant to the 1994 CDFG Field Guide to Lake and Streambed Alteration Agreements. The delineation report will include graphics and maps to identify the extent of these within the construction and/or maintenance footprint. In cases where isolated and/or Rapanos conditions are present, the delineation will identify areas under the jurisdiction of the Regional Board pursuant to the California Porter-Cologne Water Quality Act in accordance with the May 28, 2020 State Wetland Policy.

Cultural Resources Assessments. RVA will prepare the Cultural Resources Assessment to satisfy CEQA, as well as NEPA requirements pursuant to Section 106 of the National Historic Preservation Act. The cultural resources assessments will include the following: 1) a records search for archaeological and historical cultural resources, 2) a pedestrian cultural resources survey of 100-percent of the accessible project site, 3) any prehistoric and historic archaeological, and/or historic architectural resources will be identified during the field survey and the necessary site records will be produced or updated (resources will be evaluated for eligibility for the National Register of Historic Places and the California Register of Historical Resources), 4) 468

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relevant maps and photographs, and the appropriate Department of Park and Recreation (DPR) 523 forms will be appended for any cultural resources. The Native American Heritage Commission (NAHC) will be contacted regarding a Sacred Lands File (SLF) Search and to request a list of Native American tribes to contact. All entities listed will be contacted to discern whether any tribe or individual has knowledge of cultural resources within the project boundaries. Results of these communications and the SLF Search will be included in the report. The RVA team can also support the City during consultation with Native American Tribes in accordance with Assembly Bill (AB) 52 and potential impacts to tribal resources.

Traffic Analysis. RVA will review and synthesize traffic analysis data including (but not limited to) construction traffic management plans, traffic control plans, operations level of service traffic impact analysis and Vehicle Miles Traveled (VMT) into CEQA/NEPA documents. Construction traffic management plans would need to be prepared in accordance with the California Manual on Uniform Traffic Control Devices and identify the location and timing of anticipated roadway closures and alternative routes to be utilized during construction. All necessary traffic modeling to obtain anticipated project travel patterns and to develop long-range traffic forecasts can be efficiently performed by RVA’s subconsultant, Urban Crossroads.

Detailed traffic engineering recommendations including site plan development and access, trip generation studies, vehicle miles traveled, parking utilization/demand studies, traffic calming studies, traffic mitigation phasing strategies, community circulation plans with pedestrian and bikeway networks, and California Complete Streets Act of 2008 planning and design will be provided as needed for each project.

Air Quality/Greenhouse Gas Impact Analysis. RVA will prepare analyses that will include the following: 1) identify existing air quality setting in the area, 2) identify applicable international, federal, state, South Coast and Mojave Desert Air Quality Management Districts (SCAQMD and MDAQMD), and local rules and regulations, 3) evaluate and quantify regional criteria pollutant and greenhouse gas (GHG) emissions associated with construction activities utilizing the CalEEMod Model (or other as currently recommended by the AQMDs), 3) develop feasible mitigation if significant emissions levels are found to be created from construction and/or operation and maintenance activities, 4) evaluate local NOx, CO, PM10, PM 2.5 emissions at the nearest sensitive receptors to the project, 5) compare emissions against the SCAQMD Look-Up Tables following the methodology described in Localized Significance Threshold Methodology, prepared by SCAQMD, July 2008, 6) evaluate the construction-related and/or operation and maintenance GHG emissions using CalEEMod.

Noise Impact Analysis. RVA will prepare noise impact analyses that will include the following:
1) identify applicable local, state and federal noise standards, 2) calculate construction noise 469

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impacts from the project and determine if project construction noise would exceed any applicable standards at nearby sensitive receptors (residences, libraries, schools, etc.), 3) estimate groundborne vibration associated with construction and/or operation and maintenance activities, determine if construction vibration would exceed any applicable standards or disturb nearby sensitive receptors, 4) recommend mitigation measures to reduce exterior noise and vibration impacts on sensitive receptors or endangered birds, if necessary.

Urban Runoff and Storm Water Quality. RVA has a broad base of experience that can provide a wide variety of services to meet the challenges associated with stormwater quality. Our stormwater and hydrology experts provide key support with the Water Quality and Hydrology Section of CEQA documents as well as processing of 401 water quality certifications through the Santa Ana and Lahontan Regional Water Quality Control Boards. Past and current projects give the RVA team a unique and clear understanding of the requirements that the regulated community faces in complying with the Clean Water Act, California Porter Cologne Act, Court orders, fulfilling National Pollutant Discharge Elimination System (NPDES) Permit obligations and other related stormwater activities.

RVA’s Storm Water Quality capabilities include the identification of constituents of concern, evaluation of Best Management Practice (BMP) effectiveness, BMP siting, design, construction, construction management and operation, maintenance and monitoring. Furthermore, the team has completed studies of BMP effectiveness and cost, including prototype studies of operation and maintenance cost and capital costs to evaluate new and retrofit construction projects.

Water Quality Management Engineering. RVA has performed water quality monitoring using automated and grab sampler techniques for site runoff and receiving water characterization. The team has completed water quality sampling and data analysis for the following types of programs:
• Assessment of receiving waters
• Forensic analysis
• BMP performance characterization
• Establishment of a water quality baseline
• Toxicity testing
• Estuary
NPDES Compliance. RVA provides comprehensive water quality permitting (e.g., NPDES permits), receiving water assessment services, and water quality technical reports supporting CEQA documents. Our water resources practitioners also specialize in water quality assessments 470

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in large watersheds, rivers, and reservoirs. Many of these projects are multi-year efforts where our services have resulted in significant savings by investigating conservative permit assumptions and ensuring a sustainable balance between resource needs and practical budget constraints.

RVA provides specialized storm water management and monitoring services for municipalities to develop structural and institutional approaches to protect and improve receiving water quality. RVA uses tools to quickly identify storm water program compliance strategies that allow for informed management decisions that weigh uncertainties, risks, and costs. Our team of engineers and scientists routinely use state-of-the-art field monitoring approaches to characterize local waterbodies around Southern California. Our team’s relevant experience includes construction and industrial site inspection, permit requirement interpretation, response to notices from regulators, Storm Water Pollution Prevention Plan (SWPPP) preparation and review, Water Quality Management Plan (WQMP) preparation and review, training, and annual reporting.

Municipal Storm Water Program Development. RVA develops municipal storm water programs for both Phase I and Phase II communities. Project elements include program organization, legal authority, BMP approaches for new development, existing development and construction activities, illegal discharge/illicit connections, community participation and education, staff training, annual reporting, monitoring program development and implementation, and overall program implementation.

Hydrology and Hydraulic Modeling. RVA offers extensive experience in hydrologic and hydraulic modeling and the use of model output for the analysis of channel modifications and stream restoration projects, including the development CEQA Technical Reports. Our team applies these models for long-term watershed and floodplain management. We develop and calibrate watershed hydrologic models and floodplain hydraulic models using new and existing data sources to examine both the volume reduction and control benefits of hydromodification projects. We also conduct stream restoration and open channel analyses to assist and design stream bank rehabilitation projects and to restore tidal flow in restricted salt marsh environments. Our team has experience with flood control permits, such as connection permits from San Bernardino City Flood Control District.

NEPA SERVICES
Categorical Exclusions
NEPA Categorical Exclusions (CE) are actions based on past experience with similar actions do not involve significant impacts on the environment. Various NEPA lead agencies have lists or policies related to CE for types of projects they carry out that typically qualify. If a project is anticipated to qualify for a CE, RVA will prepare a draft Notice which includes a description of the project, the location of the project, a finding that the project is excluded, including the 471

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citation of applicable the guidelines and regulations for NEPA as administered by the Council on Environmental Quality (CEQ) and any NEPA Lead Agency guidance or handbooks. RVA will coordinate with the federal lead agency to finalize the Notice and complete the noticing requirements, including the Federal Register.

Environmental Assessment (EA)/ Finding of No Significant Impact (FONSI) RVA will initiate the NEPA process by preparing a draft description of the purpose and need, proposed action (including the Area of Potential Effect (APE)), and proposed alternatives. The draft will be provided to the City and NEPA Lead Agency for review and comment. The NEPA Lead Agency is any federal agency that has discretionary approval or funding of the City’s project, i.e., US Army Corps of Engineers, US Bureau of Land Management, Federal Highways Administration, etc. RVA will recommend any changes to construction methods and equipment, construction schedules, and operation and maintenance methods to avoid or minimize environmental impacts.

Once finalized and approved, the proposed action and alternatives will be used for the preparation of technical studies and the Environmental Assessment (EA). Technical Studies typically include biological resources, cultural resources, air quality, greenhouse gas/climate change, noise, traffic or traffic control, geotechnical, and hazardous materials. Technical Studies shall evaluate all the alternatives evaluated in the EA to the same level. A kickoff meeting will be held with the City and the NEPA Lead Agency to discuss the purpose, need, proposed action and alternatives, project schedule and public scoping/consultation process, the Work Plan, and any other items that may be critical to the overall NEPA process.

RVA will prepare an Admin Draft EA, using the Lead Agency’s most recent/applicable template.

The Admin Draft EA will identify, analyze and document the potential physical, environmental, cultural, and socioeconomic effects associated with implementing the proposed action or alternatives. The draft will include clear and informative graphics and mapping (using GIS or other appropriate software) to illustrate the project location and footprint and other pertinent information. The Admin Draft EA will include a list of agencies and people consulted. RVA will provide the Admin Draft EA for City and NEPA Lead Agency review and comment. Changes to the draft document will be completed in MS Word “track changes” to assist the City’s and NEPA Lead Agency’s review/back-check of changes to address all comments. The final version will be circulated to the public and agencies for review.

RVA will consult with the City and NEPA Lead Agency to establish the public review period, public notification and agency filing requirements for the EA. RVA will prepare draft Notice of Availability for NEPA Lead Agency review and approval and posting in the Federal Register and 472

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will assist in developing a distribution list. RVA will support the NEPA Lead Agency for ensuring all distribution and noticing is NEPA compliant and documented for the Administrative Record.

Upon conclusion of the public review period, RVA will prepare written responses to all comment letters received. RVA will prepare thorough, reasoned, and appropriate responses to relevant environmental issues and be provided to the City and NEPA Lead Agency for review. The Final EA will consist of the revised Draft EA text, as necessary, and responses to comment letters. RVA will prepare a draft Finding of No Significant Impact (FONSI) for NEPA Lead Agency review and approval. RVA will support the NEPA Lead Agency with publishing in the Federal Register and on the NEPA Lead Agency’s website and/or distribution of copies. If, however, the EA determines that the environmental impacts of the proposed Federal action will be significant, an Environmental Impact Statement shall be prepared.

Environmental Impact Statement (EIS)
Consistent with preparation of an EA/FONSI, to initiate this NEPA documentation process, RVA draft a description of purpose and need, proposed action (including the APE), and proposed alternatives. The draft will be provided to the City and NEPA Lead Agency for review and comment. The draft will include clear and informative graphics and mapping (using GIS or other appropriate software) to illustrate the project location and footprint and other pertinent information. Once finalized and approved they will be used for the preparation of the technical studies and the Environmental Impact Statement (EIS). Technical Studies typically include biological resources, cultural resources, air quality, climate change, hydrology, floodplains and water quality, noise, traffic or traffic control, geotechnical, and hazardous materials. Technical Studies shall evaluate all the alternatives evaluated in the EIS to the same level. A kickoff meeting will be held with the City and the NEPA Lead Agency to discuss the purpose, need, proposed action and alternatives, project schedule and public scoping/consultation process, the Work Plan, and any other items that may be critical to the overall NEPA process.

RVA will prepare a draft Notice of Intent (NOI) for the City and NEPA Lead Agency review and comment and publishing in the Federal Register. The Notice of Intent informs the public of the upcoming environmental analysis and describes how the public can become involved in the EIS preparation. The NOI starts the scoping process, which is the period in which the Federal agency and the public collaborate to define the range of issues and possible alternatives. RVA will assist the City and NEPA Lead Agency to prepare for and conduct a scoping meeting. RVA will summarize all oral and written comments received at the scoping meeting and review all responses to the NOI following the review period to ensure that all relevant concerns are addressed in the Draft EIS.
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RVA will prepare an Administrative Draft EIS in accordance with the NEPA, 40 CFR Part 1500, the guidelines and regulations for NEPA as administered by the Council on Environmental Quality (CEQ) and any NEPA Lead Agency guidance or handbooks. The intent of the EIS is to inform the NEPA Lead Agency, and representatives of other affected/responsible agencies, the public and other interested parties of the potential environmental consequences from the proposed action and a reasonable range of alternatives. The EIS will include an evaluation of the alternatives direct, indirect, and cumulative environmental impacts. The Admin Draft EIS will include:
• Executive Summary
• Introduction, Purpose and Need
• Alternatives
• Affected Environment
• Environmental Consequences
• Environmental Justice
• Cumulative Impacts
• Potential for Generating Substantial Controversy
• Unavoidable Adverse Impacts
• Relationship Between Short-Term Uses and Long-Term Productivity • Irreversible or Irretrievable Commitments of Resources • Mitigation
• Agency Coordination and Public Involvement
• List of Preparers
• References
• Appendices
RVA will revise the Admin Draft EIS to address all NEPA Lead Agency comments. Changes to the draft document will be completed in MS Word “track changes” to assist the City’s and NEPA Lead Agency’s review/back-check of changes prior to public circulation. RVA will prepare a draft Notice of Availability for City and NEPA Lead Agency review and approval and publishing in the Federal Register. The final version will be circulated to the public and agencies review.

Following the closure of the required minimum 45-day public review period on the Draft EIS, RVA will meet with the City and NEPA Lead Agency to determine the approach and the extent of response needed to address all of the comment letters received. RVA will respond to all written 474

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comments received on the Draft EIS. After the City’s and NEPA Lead Agency’s review of the responses, RVA will revise the responses to address all comments and finalize this section for inclusion in the Final EIS. Any changes to the Draft EIS required in response to comment letters will be memorialized in the Final EIS. Publication of the Final EIS begins the minimum 30 day “wait period,” in which agencies are generally required to wait 30 days before making a final decision on a proposed action. A Notice of Availability is published in the Federal Register, announcing the availability of both the Draft and Final EIS to the public.

RVA will prepare a draft Record of Decision (ROD) for review and use of the NEPA Lead Agency for publishing in the Federal Register. The EIS process ends with the issuance of the ROD which explains the agency’s decision, describes the alternatives the agency considered, and discusses the agency’s plans for mitigation and monitoring, if necessary.

REGULATORY PERMITTING SERVICES
RVA has successfully prepared, processed and gained approval of several hundred permit applications within schedule or ahead of schedule. The RVA approach to regulatory permitting is developing a permits strategy for the types of permits likely to be required for projects, concerns we know the agencies will have, and working with the City on an early and frequent communications plan with the agencies. The strategy will include:
• delineate the jurisdiction of State and Federal waters and CEQA/NEPA related environmentally sensitive areas,
• a list of the contacts in each of the agencies for the specific project, • conduct an initial pre-application meeting with each agency or all agencies together, • establish the frequency of on-going meetings,
• develop a schedule,
• prepare applications,
• submit the applications,
• request field visits with the agencies,
• work with each agency to resolve any concerns or issues, • contact them frequently,
• elevate issues to involve their supervisors if needed, • identify potential ways to and locations for mitigation based on the agencies’ policies of mitigation hierarchy and City’s resources,
• request draft permits,
• review the draft permits with the City,
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• provide comments to the permitting agency,
• work with them to finalize the permits,
• process through the City,
• recommend to the City one of RVA’s methods for tracking permit compliance, and • implement the project and mitigation.

RVA has an excellent reputation and proven success with the resource/regulatory agencies. RVA finds engaging the resource/regulatory agencies in the project planning and environmental documentation phase saves time and money. RVA has extensive experience coordinating with the regulatory agencies, including the ability to set up important meetings with regulatory agency decision makers, and to provide the technical memos or studies and other agency specific documentation requested. The agencies often request additional CEQA and/or NEPA documents because they require different mitigation or compensatory activities. RVA has deep relationships with all the regulators at every level within each of their organizations that facilitate responsiveness. The mutual respect and trust built over the years at many levels in each organization enables us to draft internal memorandums, letters, and permits for them. This expedites the process and relieves them of the burden of too many projects and lack of staffing.

RVA offers a wide range of specialty services
including regulatory permitting, biological
clearances, jurisdictional delineations for
State and federal waters, drainage studies,
water quality studies and related services. Our
natural resources and regulatory agency permitting team is trained in the most up-to-date regulations. RVA has prepared and processed hundreds of permit applications through the US Army Corps of Engineers (USACE), California Department of Fish and Wildlife (CDFW), US Fish and Wildlife Service (USFWS), California Regional Water Quality Control Boards (Regional Boards), Air Quality Management Districts (AQMD), the California Coastal Commission (CCC), and Caltrans. RVA works closely with each applicant to assure that the biological and jurisdictional baselines, delineations and permit applications accurately address project impacts and ultimately comply with the state and federal review requirements and processes. RVA has established long-standing relationships with multiple organizational levels at each of the wildlife and regulatory agencies. These relationships, built on quality professional work and trust, enable RVA to deliver timely permits for simple and complex projects.

RVA has successfully inventoried sites and prepared delineations ranging from less than 1-acre to thousands of acres. Due to the dynamic nature of endangered species permitting and regulatory regulations and process, RVA stays up-to-date on the latest wildlife policies and “RVA delivered all regulatory permits within a 1-year
period that other firms had been working on for
years.” Louis Abi-younes, former City Engineer, City
of Ontario
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regulatory changes such as isolated drainages and wetlands, USACE Regional Conditions, and regional water quality standards and Basin Plans.

ADDITIONAL ENVIRONMENTAL SERVICES
Environmental Permit Compliance Services
RVA performs permit compliance services for public and private clients. The process is initiated in the environmental documentation phase by preparing the project Mitigation Monitoring and Reporting Plan (MMRP) and in the permitting phase through the project description and permit conditions. RVA will work with the City to develop a tracking spreadsheet, checklist, or full binder detailing the environmental commitments, mitigation measures, permit conditions, notifications, and other requirements to document permit compliance. RVA environmental permit compliance services include development of Habitat Mitigation and Monitoring Plans (HMMPs), Long-Term Management Plans (LTMPs), Conservation Easements, Deed Restrictions, Nesting Bird Plans and Surveys, monitoring and reporting for most species, protocol surveys, etc. Environmental permit compliance is critical to building and maintaining the agencies’ trust for the current and future negotiations and mitigation requirements. RVA has extensive experience coordinating with the regulatory agencies, including the ability to set up important meetings with regulatory agency decision makers, and to provide the technical memos or studies and other agency specific documentation requested. RVA will be an advocate for the City during the permit process with the regulatory agencies. RVA will conduct any correspondence with the regulatory agencies at the request of the City.

Mitigation Monitoring Services
RVA is well-versed and experienced in all types of mitigation requirements for each of the resource categories. RVA’s approach will be to develop a sound mitigation strategy with the City identifying all requirements, costs, and schedules for implementation and monitoring. The team has developed mitigation strategies, plans, designs, construction management, monitoring, reporting, specialized studies, and documentation for impacts to threatened, endangered, sensitive biological species; critical habitat; wetlands, riparian, upland, alluvial fans, and transitional/buffer habitats; cultural, archaeological, historic, paleontological resources; water quality improvements; hydrology and hydraulics changes; air quality emissions; greenhouse gases; noise and vibration; health risks; traffic; aesthetics; erosion control; etc. RVA developed mitigation for numerous types of projects, including flood risk management dams and channels; watershed improvements; stormwater capture and biofiltration; water supply, conservation and recharge; waterworks; storm drains; potable and recycled water and sewer lines; lift stations and pumps; utilities for power, gas, and fiber optics; transformers; groundwater monitoring wells; roadways; bridges; diversions; mining; habitat restoration; and related infrastructure and 477

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appurtenances for construction, operations, and maintenance, as well as project changes over time. RVA will develop a tracking plan for all mitigation requirements so the City or RVA can ensure compliance with appropriate mitigation implementation and monitoring requirements.

GIS Support Services
A key component of RVA’s support services is the use of GIS application to provide a clear understanding of the technologies required to create and manage information, especially with respect to mapping of sensitive resources, including special habitats and waters of the US/State, and construction and operation and maintenance footprints, to support impact analysis. The RVA team prepares numerous map layers using common database and GIS data standards. RVA’s environmental and GIS team have worked side by side on small and large-scale projects, specifically to provide detailed analysis and supporting graphics to support CEQA and NEPA documents and regulatory permit applications and permit required memos and reports.

Community Outreach and Public Relations Services
RVA is well versed in developing and implementing communications and outreach plans that engage, involve, and inform a wide range of stakeholders while building project credibility and consensus. Our approach to community outreach and communications for environmental and technical projects offers continuous opportunities for meaningful input and involvement throughout the life of the project – all of which are strategically organized to develop a consensus-based vision, local ownership, and to foster community awareness about the project.

RVA will assist the City to achieving the community outreach and public relations goals of engaging, involving, informing, and educating the wide range of stakeholders (e.g. community members, activists, regulators, elected officials, the media) about the purpose, scope, concepts, environmental issues or other technical issues of the proposed project plan; and to build trust and credibility with the stakeholders for the proposed project plan.

RVA possesses a proven track record and a strong commitment in representing the City’s best interest.

Peer Review Services
RVA brings the needed depth and breadth of accomplished individuals and the ability to provide technical support for the needs of environmental services. After the City’s goals and objectives for each project have been established, including budget, schedule and critical issues, preparation or peer review of technical studies will be completed by one or more of the technical team identified in this proposal. Peer Review of draft environmental documents and reports will focus on the accuracy of the analyses, appropriateness of assumptions, and compliance with environmental laws and regulations as well as City requirements and standards. 478

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WORK PLAN AND SCHEDULE
Project Management
RVA has many years of experience in managing simple, complex, and multifaceted projects. We have refined an approach that is responsive, efficient and timely. Key success to our work plan approach are the following principles and practices:

1. For CEQA/NEPA documents, regulatory permitting and technical studies purposes, develop a Project Description that is sufficiently focused on satisfying Federal, state and local agencies, and that is sufficiently flexible to allow for reasonably foreseeable modifications as the project moves through the environmental, planning, planning, permitting, design, construction and operation & maintenance process while maximizing use of relevant prior studies;

2. As determined appropriate and necessary by the City, assist in Project Description definition through use of prior studies, workshops with the City team members and support in developing more detailed conceptual alternatives and designs;

3. Conduct a comprehensive peer review and/or update of the various project-specifics, environmental and technical studies, updating where applicable given the elapsed time and change in project or regulatory conditions, and focusing especially on the modified project construction and operational parameters;

4. Develop comprehensive environmental compliance schedules;

5. To expedite environmental document review, submit the assumptions, Project Description, Technical Study protocols, Alternatives, and appropriate significance thresholds and design guidelines in advance to the City team;

6. Work closely with the City team to communicate key project objectives, benefits, and implementation steps to the public and regional, state and Federal stakeholders including proactive and early communication with regulatory agencies; and

7. Provide collaborative, web-based file sharing utilizing proprietary web-based programs that offer communication and file review/sharing tools, which can substantially streamline the environmental document and project review time and reduce costly errors and inefficiencies.

RVA is committed to maintaining team continuity and performance throughout this important contract period. The key personnel of the Project Delivery Team (PDT) will be available as requested and no person critical of the completion of the task order will be replaced without the concurrence of the City Project Manager.
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The RVA Work Plan has been proven on past projects to be effective in meeting or exceeding client goals for completing projects on or ahead of schedule and within or below budget. The Work Plan sets the stage for how to execute the process successfully including all key participant’s roles and expectations. The Work Plan includes the following components:
• Understanding agency objectives;
• Project implementation plan;
• Critical path method scheduling;
• Project communication and momentum;
• Budget control;
• Project progress meetings;
• Progress reports; and
• Quality Control.

A draft Work Plan will be prepared and distributed to the team prior to the kick-off meeting. The Work Plan will be refined as a result of the kick-off meeting discussion. The Work Plan will be rechecked at key milestones throughout the process and discussed and adjusted, as appropriate.

The Work Plan are further outlined below.

Understanding Agency Objectives. Prior to initiating our efforts, a thorough understanding of the City objectives is essential to achieve the successful design, documentation and timely approval for your projects. RVA will work closely with the City to identify specific goals, objectives and critical issues. This initial project scoping and understanding is very important because the purpose, schedule and potential funding sources can vary from project to project.

Project Management Plan. Key to ensuring that an effective project schedule can be developed and maintained is preparing a comprehensive Project Management Plan (PMP). The PMP includes a scope of work that will be developed with City team members which identifies the specific project tasks, deliverables, and team responsibility for each. The PMP will identify the proper task sequence and assumptions that are critical for on-time, on-budget project delivery.

Development of a PMP and detailed scope of work minimizes the chances of miscommunications or misdirection between all Team members, including the City, RVA, and subconsultants and various functional leaders.

Critical Path Method Scheduling. Recognizing the need for the City to effectively schedule project oversight reviews, RVA understands the importance of a project schedule as a key communication tool in the management of a project. The detailed project schedule will include several key aspects that maximize effectiveness including:
• Information must be easily communicated and understood; 480

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• Collaboration from each appropriate subject matter expert of the project team; • Inter-relationships of tasks are identified, including internal QA/QC and agency review periods; and,
• Data must be simple to use and update.

Specific critical path items or key critical decisions that affect plan development will be identified on a continual basis to ensure the project schedule is met. RVA will promptly notify the City of any changes in anticipated project progress.

Project Communication and Momentum. RVA works to foster a professional team relationship between all members of the PDT. After a Project’s scope and schedule have been agreed upon, RVA intensifies communication and maintains project momentum. The Project Manager is responsible for assuring the appropriate high-level priority by all team members. Continuous verbal and electronic communications are essential to working in an effectively integrated and collaborative manner.

Communication within the Project team is of utmost importance. The Project Manager will chair bi-weekly conference calls with the internal team to address status, projected tasks, schedule, budget, and issues. Issues will be discussed and usually resolved. Unresolved issues will follow the escalation ladder by going designated Task Manager, then Project Administrator/Manager, and then Principal in Charge for final resolution. City comments, changes to agency requirements, changes in scope and schedule must be raised immediately to the Project Administrator/Manager and coordinated with the appropriate Task Manager. The use of the teams’ e-mail, FTP and internet capabilities will be essential as a vehicle for interacting between team members on project activities. Each Task Manager is responsible for their product and group. A PMP will be developed at the start of the project with the City and the RVA team.

Specific roles, tasks, responsibilities, schedules, and budgets will be included. This clear definition of expectations helps each member stay on track and be held accountable through bi-weekly or more frequent discussions.

A positive "feedback" system will be incorporated into the project process so that project issues and/or comments are communicated effectively with the appropriate team member. Contractual issues will be addressed and resolved by the Project Administrator/Manager and the Task Manager. Technical issues will be addressed and resolved by the appropriate Technical Leader and coordinated with the team members.

Conflict management issues/resolution will be reviewed to:
• Check the adequacy of corrective measures;
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• Avoid disruption of client relations resulting from inadequate or inappropriate responses to the situation; and
• Take measures to avoid the recurrence of the problem.

Budget Control. RVA is well aware of the City efforts to control the cost of projects. Work program task costs will be controlled by frequent monitoring and early identification of any scope changes. RVA recommends the development of a Work Breakdown Structure (WBS) which is based on a detailed scope of work. This WBS is equated to Tasks with assigned budgets that are maintained in RVA’s project cost accounting system. Project Manager and other Task Managers have real time access to this cost data from their desktop computers enabling continuous monitoring of project costs by each of the tasks managers on the project. Budgets and schedules for each component of the WBS are reviewed with each functional leader prior to commencing work, and regular updates of cost to date and percentage complete are evaluated with each leader throughout the project.

Project Progress Meetings. RVA recommends a monthly or as-needed basis meeting with the City. The purpose of these meetings will be to discuss the project objectives, review schedule and work progress to date, to resolve critical issues promptly, to address budget issues and concerns and discuss other related items.

Progress Reports. RVA can provide monthly progress reports for the duration of the on-call activities. RVA can submit a Progress Report summarizing all work progress and billings to date.

The report will also address potential problems that may delay achieving the project milestones and recommend how to avert such problems. The RVA team is proud of its overall accomplishments in maintaining and accelerating project delivery in partnership with our agency team members. RVA's management approach has been tested by the numerous agencies involved in our past projects.

Quality Control. RVA’s Quality Assurance/Quality Control (QA/QC) Program is a continuous process used not just at project milestones, but also on a daily basis as work flows from desk to desk, discipline to discipline, and consultant to client. RVA utilizes this QA/QC program on each project undertaken to ensure that a high quality product is delivered on schedule and within budget. RVA’s key organizational elements for QA/QC are adaptable to any project. RVA has developed project specific QA/QC plans for past projects and will develop a specific plan for each project.

RESOURCES AND CAPABILITY COMMITMENT
RVA has an estimated 65% current workload program with the capacity of resources to immediately mobilize the right team members for completion of the Scope of Services. As a small business RVA has increased in size each year since we started. Our Business Plan 482

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projections are on track to maintain a relatively small group of excellent employees while maintaining economic viability. RVA has secured a team of highly qualified subconsultants to supplement our services in order to meet any scale and complexity requirement for any project assignment. RVA has worked with each of the subconsultants on other projects and has done so for years. We know and trust one another’s integrity, expertise, and quality of work. RVA has the required depth and breadth of technical resources to handle multiple projects and any contingency that may arise.

Key team members critical of the completion of a task assignment will not be replaced without the coordination and concurrence of the City’s Project Manager/Planner. RVA commits to the City on the availability of our resources and will place a high priority on meeting the services required for all projects
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B. COMPANY INFORMATION
Ruth Villalobos & Associates, Inc. is a California S-Corporation with office located at 3602 Inland Empire Blvd, Suite C310, Ontario, California. For over 12 years, RVA has been a legally registered business under this business name and has provided services of a similar type and scope as described in the Scope of Services. The RVA owners (wife/husband) consist of Ruth Villalobos and Juan Villalobos. Ruth Villalobos, President shall be the contact person, and she can be reached at [email protected] or (909)685-5942. Ruth shall be responsible for RVA’s contractual actions and shall notify the City when any RVA team member assigned to the City has changed. RVA is a certified Woman-Owned Small Business (WOSB), California Disadvantaged Business Enterprise (DBE). The Ontario, CA office will perform all services to the City of Banning, CA (City).

RVA does not have any commitments or potential commitments that may impact RVA’s ability to perform the Contract, if awarded.

Recognized Leader in Planning and Environmental Analysis Services. RVA is highly respected in the consulting profession for Planning, Environmental Analyses and Permitting service throughout the Inland Empire and southern California area. Ms. Ruth Villalobos, President of RVA has over 42 years of experience leading and working on over 1,000 planning and environmental projects. She retired from the U.S. Army Corps of Engineers, Los Angeles District (Corps), after 34 years of service, as the former Chief of Planning Division and former Chief of Environmental Resources Branch. During her tenure, Ms. Villalobos was directly responsible for the environmental (CEQA/NEPA) and regulatory permitting oversight of Corps activities within southern California including the Whitewater River Watershed; Santa Ana River Watershed; Los Angeles River Watershed; Santa Margarita River Watershed and many other water resources boundaries. As a consultant, Ms. Villalobos and her team continue to serve both public and private clients on projects throughout the entire Riverside and San Bernardino counties.

FIRM RESPONSIBILITY
RVA will serve as the Prime Consultant for this contract and will provide the single source of project management, responding directly to the City, for all aspects of the contract. Our team is structured to efficiently and effectively formulate the best response to any of the task assignments, regardless of size and complexity. Our team is led by professionals with institutional knowledge and in-depth understanding of the CEQA compliance and regulatory permitting processes.

Within the past five (5) years or within the history of the company, RVA including owners, vice president, or any/all staff members have not been involved with any litigation, mediation, or 484

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arbitration, regarding the performance of any services similar to the Services. RVA has never been:

1. Found to be a non-responsible contractor by any public agency;

2. Convicted for false claims;

3. Had the company’s license revoked or suspended;

4. Debarred or otherwise ineligible to bid on or be awarded a public works contract;

5. Terminated for cause or defaulted on a contract; or

6. Convicted of a crime involving the awarding of contract, or the bidding or performance of a contract.

RVA understands that if any contract service(s) require a license or certification, RVA shall identify any claims or disciplinary action taken against the “Company or any of Company’s” key personnel within the past five years.

C. COMPANY PERSONNEL
RVA is prepared to commit its personnel and its resources to serving the City by offering our services in accordance with the established Scope of Services including relevant experience, professional certification, license, and/or registration, education, and experience for each of the required categories. RVA offers a high-quality technical team of experts and a sound team of subconsultants necessary to meet the environmental requirements for each project or task. The RVA team brings the needed depth and breadth of accomplished individuals and the ability to provide technical support for the needs of all environmental and regulatory services and community outreach. The RVA team will truly serve as an extension of the City’s team.

If a contract task or subtask require a California license, RVA shall assign a professional team member with the appropriate license to practice in California.

KEY PROFESSIONAL TEAM MEMBERS
RVA is prepared to commit its personnel and its resources to serving the City by offering our services in accordance with the established Scope of Services including relevant experience, professional certification, license, and/or registration, education, and past experience for each of the required categories. RVA offers a high quality technical team of experts and a sound team of subconsultants necessary to meet the environmental requirements for each project or task. The RVA team brings the needed depth and breadth of accomplished individuals and the ability to provide technical support for the needs of all environmental and regulatory services and community outreach. The RVA team will serve realistically as an extension of the City’s team.
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ORGANIZATIONAL CHART
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RVA and all assigned key professionals, including subcontractors are properly licensed to practice in California.

The table below identifies RVA’s senior-expert team members based in Southern California with 20 or more years of professional environmental experience.

Senior-Expert Team Members with 20+ years Professional Experience Name Years Company Professional Area
Ruth Villalobos 45 RVA CEQA/NEPA, Regulatory Permitting, Compliance, Mitigation
Juan Villalobos 35 RVA CEQA/NEPA, Community Outreach
Sonya Hooker 25 RVA CEQA/NEPA, Biology, Regulatory
Permitting, Compliance, Mitigation
Amy Ollendorf, RPA 40 Applied
Earthworks
Cultural Resources, Archeology,
Paleontology
Joan George, RPA 27 Applied
Earthworks
Cultural Resources, Archeology,
Paleontology
Colleen Hamilton, RPA 45 Applied
Earthworks
Architectural Historian
Jason Berkley 30 Cereus Biology, Species Survey
Aric Evatt 28 Urban
Crossroads
VMT/Transportation
Bill Lawson, P.E., INCE 25 Urban
Crossroads
Air/GHG and Noise
William Maddux 24 Urban
Crossroads
Air/GHG and Noise
Charlene So, P.E. 21 Urban
Crossroads
VMT/Transportation
John McCarthy, P.E. 36 Q3 Water Resources Engineering
Tom Ryan, P.E. 24 Q3 Water Resources Engineering
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The table below identifies the RVA key professional team members (including subcontractors) for this contract. The information provided for each team member includes individual name, title, phone number, email address, description of work to be assigned to perform under this Agreement, number of career years of experience, education, registration/ licenses and relevant experience.

Team Member
Yrs
of
Exp
Education/Key
Experience
Registration/Lice
nses
Relevant Past
Experience

RUTH VILLALOBOS
Principal-In-Charge, Quality
Control/Quality Assurance

(909)685-5942
[email protected]
Work to be assigned: CEQA/
NEPA, Regulatory Permits,
Environmental Permit
Compliance, Mitigation,
Community Outreach/Public
Relations
45 ▪ M.S., Water
Resources and
Environmental
Planning, Arizona
State University
▪ B.S., Geography
and Mathematics,
Texas A&I
University
▪ 2008-2000 USACE
Los Angeles
District, Chief,
Planning Division
▪ 2000-1985 USACE
Los Angeles
District, Chief,
Environmental
Resources Branch
▪ Association of
Environmental
Planners (AEP)
▪ Upper Santa Ana River
Habitat Conservation Plan

EIR/SEIS, SBVWCD
▪ Earvin “Magic” Johnson
Recreation Master PlanEIR, CA
▪ Prado Basin
Ecosystem
RestorationEIR/EIS, CA
▪ Sycamore Hills
Distribution-EIR, CA
▪ Bending the River Back in
the City-EA, Los Angeles

SONYA HOOKER
Project Manager
(909)245-1128
[email protected]
Work to be assigned: CEQA/
NEPA, Regulatory Permits,
Environmental Permit
Compliance, Mitigation,
Community Outreach/Public
Relations, Peer Review
25 ▪ B.A., Biology,
California State
University, San
Bernardino
▪ Association of
Environmental
Planners (AEP)
▪ Upper Santa Ana River
Habitat Conservation
Plan-EIR/SEIS, CA
▪ Sycamore Hills
Distribution-EIR, CA
▪ Crestview ApartmentsEIR, CA
▪ Prado Basin Ecosystem
Restoration-EIR/EIS, CA
▪ SkyPark at Santa’s
Village-EIR, CA
▪ Prado Sewer
Improvements-IS/MND,
CA
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JUAN VILLALOBOS
Task Manager
(909)289-0621
[email protected]
Work to be assigned: CEQA/
NEPA, Community
Outreach/Public Relations, Water
Resources
35 ▪ B.S., Landscape
Architecture,
California State
Polytechnic
University,
Pomona
▪ 2004-1985 USACE
Los Angeles
District, Senior
Study Manager
and Landscape
Architect
▪ Association of
Environmental
Planners (AEP)
▪ Earvin “Magic” Johnson
Recreation Master PlanEIR, CA
▪ Prado Basin Ecosystem
Restoration-EIR/EIS, CA
▪ Glendale-Los Angeles
Garden River BridgeIS/MND, CA
▪ Bending the River Back in
the City-EA, Los Angeles
▪ Greater El Monte/North
Hollywood DAC
Stormwater Capture
Study, CA

SEVE VILLALOBOS
(909)245-1125
[email protected]
Work to be assigned:

CEQA/NEPA,
Peer Review
11 ▪ B.S., Business
Administration,
University of
California,
Riverside
▪
Association of
Environmental
Planners (AEP)
▪ Sycamore Hills
Distribution-EIR, CA
▪ Earvin “Magic” Johnson
Recreation Master Plan

EIR, CA
▪ Prado Basin Ecosystem
Restoration EIR/EIS, CA
▪ Peck Water Conservation,

IS/MND, CA
▪ Bending the River Back in
the City-EA, Los Angeles

MIRANDA VILLALOBOS
(909)245-1129
[email protected]
Work to be assigned: Biological
Resources, Regulatory Permits,
Environmental Permit
Compliance, Mitigation
11 B.A., Biology,
California State
University, San
Bernardino
▪ Association of
Environmental
Planners (AEP)
▪ Prado Basin Ecosystem
Restoration EIR/EIS, CA
▪ Sycamore Hills
Distribution-EIR, CA
▪ Crestview ApartmentsEIR, CA
▪ Upper Santa Ana River
Habitat Conservation
Plan-EIR/SEIS, CA
▪ Metro Shoemaker Bridge,
Permits, CA

JUSTINNE MANAHAN
(909)245-1133
[email protected]
5 ▪ M.S.,
Environmental
Studies, California
State University
Fullerton
▪ Association of
Environmental
Planners (AEP)
▪ Sycamore Hills
Distribution-EIR, CA
▪ Crestview ApartmentsEIR, CA
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Work to be assigned: Biological
Resources, Regulatory Permits,
Environmental Permit
Compliance, Mitigation

▪ B.A., English
Rhetoric and
Composition,
California State
University, Long
Beach
▪ Upper Santa Ana River
Habitat Conservation
Plan-EIR/SEIS, CA
▪ Los Angeles River Invert
Access Ramp, Permits,
CA
▪ Metro Shoemaker
Bridge, Permits, CA

JASON BERKLEY
SUB: Ceresus Environmental
(714)493-1120
[email protected]
m
Work to subcontract:

Biological Resources, Species
Survey

30 ▪ B.S., Zoology,
California State
Polytechnic
University,
Pomona
▪ CDFG Scientific
Collector’s Permit
(SCP000187);

USFWS SWFL
Recovery Permit
(TE009015-5);

USFWS LBVI
Recovery Permit
(TE009015-5);

USFWS SBKR
(TE009015-5)
▪ Focused species surveys
for LBVI, SWFL, Coastal
Gnatcatchers, SBKR,
etc. for various projects
throughout SoCal and
Arizona

AMY ORLLENDORF, RPA
SUB: Applied Earthworks
(626)578-0119 x400
[email protected]
om
Work to subcontract:

Archaeology, Paleontology

40 ▪ Ph.D/M.S./B.S.,
Ancient Studies,
University of
Minnesota
▪ Registered
Professional
Archeologist, No.
12588
▪ Bloomington Business
Park, Bloomington
▪ Santa Ana River Trail
▪ California High Speed
Rail
▪ Cobalt Solar Project,
Riverside City

JOAN GEORGE, RPA
SUB: Applied Earthworks

(951)766-2000 x523
[email protected]
Work to subcontract:

Archaeology, Paleontology
27 ▪ B.S.,
Anthropology,
University of
California, Davis
▪ Registered
Professional
Archeologist, No.
28093
▪ Sycamore Hills
Distribution Center, City
of Riverside
▪ Crossroads North,
Riverside City
▪ Six Timber Bridges,
Riverside City
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COLLEEN HAMILTON, RPA
SUB: Applied Earthworks
(951)766-2000 x513
[email protected]
m
Work to subcontract:

Architectural Historian

45 ▪ M.A., History,
University of
Missouri
▪ B.S.,
Anthropology,
Wright State
University
▪ Registered
Professional
Archeologist, No.
10535
▪ Metro On-Call
▪ El Pueblo State Historic
Park
▪ Alameda Esplanade
Improvements, LA City
▪ Port of Long Beach
Master Plan Update
BILL LAWSON, P.E., INCE
SUB: Urban Crossroads
(949)584-3148
[email protected]
Work to subcontract:

Traffic, Air Quality, GHG,

25 ▪ M.S., Civil and
Environmental
Engineering
California
Polytechnic State
University, San
Luis Obispo
▪ B.S., City and
Regional Planning
California
Polytechnic State
University, San
Luis Obispo
▪ Registered
Professional
Traffic Engineer,
TR 2537
▪ AICP
▪ Professional
Transportation
Planner (PTP)
▪ Institute of Noise
Control
Engineering (ITE)
▪ Elder Creek Channel
Improvements Noise
Analysis, Highland, CA
▪ Six Basins Water
Management Noise
Analysis City of Los
Angeles, CA
▪ SGVWC Plant
Construction Noise
Monitoring, El Monte,
CA

WILLIAM MADDUX
SUB: Urban Crossroads
(619)778-1974
[email protected]
Work to subcontract:

Noise, Vibration

24 ▪ B.S., Urban and
Regional
Planning,
California State
Polytechnic
University,
Pomona
▪ Association of
Environmental
Planners (AEP)
▪ Air and Waste
Management
Association
(AWMA)
▪ Institute of Noise
Control Engineers
(INCE)
▪ Replenish Big Bear Lake,
Big Bear Area Regional
Water Agency
▪ Bloomington Animal
Shelter, City of San
Bernardino
▪ Discovery Village, City of
Murrieta
▪ IDI Perris Logistics
Center South, City of
Perris
CHARLENE SO, TE.

SUB: Urban Crossroads
(949)861-0177
[email protected]
Work to subconsultant:
21 ▪ B.S., Civil
Engineering,
University of
California, Irvine
▪ Registered
Professional
Traffic Engineer –
TR2414
▪ Woodruff Logistics
Center, City of Ontario
▪ Mission and Sultana
Warehouse, City of
Ontario
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Transportation, Traffic

▪ Pine Avenue Capacity
Analysis and Modeling,
Chino, CA
JOHN McCARTHY, PE
SUB: Q3 Consulting
(949)259-6730
[email protected]
Work to subconsultant:

Water Resource Engineering

36 ▪ B.S., Civil
Engineering,
California State
Polytechnic
University, San
Luis Obispo
▪ Professional Civil
Engineer,
California No.
47583
▪ Certified
Floodplain
Manager, No. 05-
01596
▪ Meyers Creek Drainage
System, City of San
Bernadino
▪ Limonite Gap Closure,
City of Eastvale
▪ Chino Preserve Storm
Drain Master Plan, City
of Chino
▪ Bedford Canyon
Channel, Riverside Co
Flood Control

TOM RYAN, PE
SUB: Q3 Consulting
(949)259-6728
[email protected]
Work to subconsultant:

Water Resource Engineering,
Water Quality
24 ▪ M.S., Civil
Engineering,
Royal Institute
Technology,
Stockholm
Sweden
▪ B.S., Civil
Engineering,
California State
University, Long
Beach
▪ Professional Civil
Engineer,
California No.

CE61701
▪ West Fontana Bioswale,
San Bernardino Co
Flood Control District
▪ Active Recharge
Transfer- Mill Creek
Project, San Bernardino
Co Water Conservation
District
▪ Gateway Regional
Drainage Study, Grand
Terrace
492

ON-CALL CEQA/NEPA SERVICES
RFP No. 24-096

493

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497

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498

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499

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500

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501

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502

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503

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504

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505

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RFP No. 24-096

506

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RFP No. 24-096

507

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RFP No. 24-096

508

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RFP No. 24-096

509

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510

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511

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512

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SUBCONTRACTORS
The RVA Team has added several subconsultant firms to maximize our expertise within the City and the flexibility within our team to meet the RFP requirements. RVA has placed great importance on the selection of a Project Team, and we are proud to present our hand-picked subconsultants to provide LUSD with the most qualified team. RVA has had over 5 years of professional working-teaming relationships with Urban Crossroads, Applied Earthworks and Q3 Consulting. Over the last 2 years, RVA has proposed on RFP/RFIs with Ceresus Environmental.

Urban Crossroads is a Small Business Enterprise (SBE) and will support in RVA in performing any needed traffic, air and noise consulting services.

Urban Crossroads provides a full range of transportation, air quality & noise solutions. Traffic impact analysis services that support the environmental review process typically include a review evaluation of both existing conditions and the effects of future development upon infrastructure. We provide a mix of local knowledge and extensive experience in preparing traffic impact studies throughout San Bernardino City. The Urban Crossroads team has worked extensively with the San Bernardino City Transportation Authority (SBCTA) in the past and has access to the SBTAM model. All necessary traffic modeling to obtain anticipated project travel patterns and to develop long-range 2040 traffic forecasts can be efficiently performed by Urban Crossroads in-house. We also provide services ranging from conceptual planning/feasibility studies to detailed traffic engineering recommendations including site plan development and access, trip generation studies, vehicle miles traveled, parking utilization/demand studies, traffic calming studies, traffic mitigation phasing strategies, community circulation plans with pedestrian and bikeway networks, and California Complete Streets Act of 2008 planning and design.

Urban Crossroads provides air quality, greenhouse gas, health risk assessment and energy analysis services to meet national, state and local compliance standard requirements. In determining air quality impacts, we utilize industry-standard models to study the source-specific pollutant emissions and we have extensive experience using US EPA air dispersion models (ISCST3 and AERMOD) and air quality models accepted for use in California (EMFAC, CALINE4, CAL3QHC). We also have extensive experience preparing air toxic and criteria pollutants health risk assessments for both on-site and off-site sensitive land uses.

Urban Crossroads provides the full spectrum of environmental noise measurement and analysis expertise, including both short and long-term existing noise level measurements, use of Federal Highway Administration (FHWA) Traffic Noise Prediction Model programs and procedures for a project’s future noise impacts related to both the off-site and on-site traffic noise, analysis of operational stationary-source noise impacts of commercial, industrial, and warehouse projects, amongst others, and the potential impacts to noise sensitive land uses in their vicinity. 513

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Applied EarthWorks, Inc. (Æ) is a Small-Business Enterprise (SBE), will support RVA in performing any needed archeology, paleontology, architectural historian and tribal consultation. Æ has an outstanding record on safety and is a member in good standing with ISNetworld. Æ has expertise in compliance with the National Environmental Policy Act (NEPA), Section 106 of the National Historic Preservation Act (NHPA), the California Environmental Quality Act (CEQA), as well as other federal, state (i.e., Assembly Bill 52 [AB 52], Senate Bill 18 [SB 18], and California Public Resources Code), and local laws and regulations.

Æ has conducted more than 4,000 projects on behalf of more than 800 public- and private-sector clients throughout the western United States. In addition to their many federal, tribal, state, and local public-sector clients throughout California, Æ professional staff routinely work with a wide variety of agencies and Native American entities for environmental permitting and compliance.

Cereus Environmental is a Small-Business Enterprise (SBE), will support RVA in performing any needed biological services in conducting surveys for threatened and endangered species within California and Arizona. The wildlife biologist for the firm, Jason Berkley has 30 years’ experience with both federally and statelisted species such as southwestern willow flycatchers, least Bell's vireos, coastal California gnatcatchers, southwestern arroyo toads, California and northern red-legged frogs, mountain yellow-legged frogs, San Bernardino kangaroo rats, southern rubber boas, southwestern pond turtles, and Coachella Valley fringe-toed lizards. In addition, he can also conduct surveys for the Los Angeles pocket mouse, burrowing owl, nesting birds, cowbird trapping, both visual and acoustic bat surveys and general surveys for reptiles and amphibians, mammals and fish.

Q3 Consulting is a Small Business Enterprise (SBE), will support RVA in performing any needed water resources engineering. Q3 is a specialized stormwater management firm with an extensive background in the planning, analysis, and design of comprehensive stormwater management and principals of Q3 each have over 22 years of experience in the stormwater field including an extensive background in hydrology, hydraulics, and the design for stormwater facilities in San Bernardino City and throughout Southern California.

Q3 provides a full range of stormwater services related to the planning and design of channels, culverts, storm drains, diversions structures, basins, levees, and dams including hydrology and hydraulics, flood routing, sedimentation and scour, 1 & 2-dimensional hydraulic analysis, channel and diversion structure design, cost estimating and benefit-cost analysis, PS&E preparation, floodplain mapping and CLOMR/LOMR applications.
514

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COMMITMENT
RVA places great importance on our professional expertise and resources to provide our clients with the highest-quality services possible. Highly respected by our peers and recognized by the industry, RVA provides a full range of planning and environmental services for all types of projects. RVA maintains a strong commitment to making our Client’s projects a high priority, providing value-added as advisors to both the public and private communities, being highly efficient and effective on executing projects, providing collaborative communication on resolving issues, being responsive to inquiries, maintaining a successful track-record in negotiating simple or complex issues with the resource agencies, and striving to exceed project expectations. RVA does not have any commitments or potential commitments that may impact on our ability to perform under this contract.

D. DISCLOSURE
RVA does not have nor has had 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.

E. EXPERIENCE AND REFERENCES
Since 2012, RVA has been recognized in the industry for professional Environmental Planning (CEQA/NEPA) and Permitting Services with emphasis on capital improvement projects, land development, transportation, water infrastructure, flood control & stormwater management, and maintenance projects. RVA has experienced professionals that specialize in preparing defensible Environmental Documents (California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA); Regulatory Permits and facilitating the required permits through the agencies; Environmental Permit Compliance; Mitigation planning, design, surveys, monitoring, tracking, and reporting; and Community Outreach and Public Relations for public and private clients. Our team offers documentation in compliance with environmental laws and regulations including the CEQA, NEPA, the Clean Water Act (CWA), the Clean Air Act (CAA) and other applicable State and Federal environmental laws, regulations, and policies. 515

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REFERENCES
Name of Agency/
Address
Contact (Name/Email/
Phone Number)
Dates
Services
Provided
Type of Services Provided
City of Riverside
Planning Department
4080 Lemon Street,
12th Floor
Riverside, CA 92501
Russell Brady, Planner
Phone: (951) 955-3025
Email: [email protected]
2017-2019
2021-Present
▪ CEQA (EIR and IS/MND)
▪ Biological Services
▪ Regulatory Permitting
(401/404/1600)
▪ Peer Review
City of Riverside
Community &
Economic
Development
Department, Planning
Division
3900 Main Street, 3rd
Floor
Riverside, CA 92501
Brian Norton, Principal Planner
Email: [email protected]
Phone: (951)826-2308
2019-Present ▪ CEQA (EIR and IS/MND)
▪ Biological Services
▪ Biological Monitoring
▪ Regulatory Permitting
(401/404/1600)
▪ Peer Review
City of Loma Linda,
Community
Development,
Planning Division
25541 Barton Road,
Loma Linda, CA
92354
Lorena Matarrita, Community
Development Director
Email: lmatarrita@lomalindaca.gov
Phone: (909) 799-2830
2016-Present ▪ CEQA (EIR and IS/MND)
▪ Biological Services
▪ Regulatory Permitting
(401/404/1600)
▪ Peer Review
City of Highland,
Community
Development
Department
27215 Base Line,
Highland, CA 92346
Lawrence A. Mainez, Community
Development Director
Email:
[email protected]
Phone: (909) 864-6861 ext. 215
2016-Present ▪ CEQA (EIR and IS/MND)
▪ Biological Services
▪ Regulatory Permitting
(401/404/1600)
▪ Peer Review
City of Yucaipa,
Community
Development
Benjamin Matlock, Deputy
Director of Community
Development/ City Planner
Email: [email protected]
2023-Present ▪ CEQA (EIR and IS/MND)
▪ Biological Services
▪ Regulatory Permitting
(401/404/1600)
▪ Peer Review
516

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34272 Yucaipa
Boulevard, Yucaipa,
CA 92399
Phone: (909) 797-2489 ext. 261
City of Chino Public
Works Department
13220 Central Ave
Chino, CA 91710
Jesus Plasencia, P.E.

Assistant City Manager
Email:
[email protected]
Phone: (562) 948-4380
2023-
Ongoing
▪ NEPA (EA)
▪ Biological Services
▪ Regulatory Permitting
(401/404/1600)
▪ USACE Section 408 Permit

RELEVANT EXPERIENCE
The table illustrates the diversity of the RVA Team's ‘Relevant Projects’ experience in providing CEQA/NEPA, regulatory permitting, planning, transportation and other services for City related project types.
517

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518

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519

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520

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RFP No. 24-096

521

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RFP No. 24-096

522
Title Rate
Principal/QAQC $230.00
Project Manager $210.00
Senior Environmental Planner $200.00
Environmental Planner $182.00
Senior Biologist/Regulatory Permitting $160.00
Biologist/Regulatory Permitting $150.00
Public Outreach Specialist $182.00
GIS/Mapping $135.00
Administrative Assistant $108.00
Title Rate
Principal $ 280.00
Senior Associate $ 220.00
Associate $ 185.00
Senior Analyst $ 150.00
Analyst $ 125.00
Assistant Analyst $ 105.00
Administrative Assistant $ 100.00
Title Rate
Principal Archaeologist $ 243.00
Project Manager $ 187.00
Senior Archeologist $ 152.00
Forensic Archaeologist $ 148.00
Senior Paleontologist $ 152.00
Paleontologist $ 114.00
Architectural Historian $ 139.00
Field Technician $ 103.00
GIS $ 135.00
Administrative Assistant $ 81.00
PRIME: RUTH VILLALOBOS & ASSOCIATES, INC.

Subconsultant: Urban Crossroads
Subsonsultant: Applied Earthworks
Fee Proposal Sheet
City of Banning
RFP No. 24-096
On-Call CEQA / NEPA Services
April 1, 2025

Title Rate
Wildlife Biologist $120.00
Title Rate
Principal $ 280.00
Senior Project Engineer $ 230.00
Project Engineer $ 210.00
Engineer $ 188.00
Engineering Technician $ 121.00
Project Administrator $ 107.00
Subconsultant: Cereus Environmental
These prices begin on the date of the full execution of the contract.

Mileage cost will estimaed at $0.70 per mile. Mileage may change whenever the IRS rate is adjusted.

Reproduction cost will be estimated at $0.15 per black/white (8.5x11.0 size) sheet and $1.20 per colored (8.5x11.0 size) sheet. Larger size sheets will be an addtional 15% cost per sheet.

Any related-work requested but not listed in the schedule of fees shall be negotiated by the City and the Consultant.

City Project Manager preapproval in writing will be required for special costs, such as courier/overnight services or outside copying. Invoices shall include a detailed backup for work completed and all authorized reimbursable expenses incurred with receipts.

Subconsultant: Q3 Engineering

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: David Newell, Community Development Director MEETING DATE: December 9, 2025
SUBJECT: Consideration of Resolution 2025-171, Approving a Professional Services Agreement with Willdan Engineering for Building and Safety Services, including Plan Review, Landscape Design Review and Staff Augmentation.

RECOMMENDATION:

Adopt Resolution 2025-171.

BACKGROUND:

For more than a decade, the City has utilized consultants to assist with services in the Building and Safety Division. The services include plan check review of building and landscape plans and staff augmentation for counter assistance, inspections and building administration (Services), allowing the Department to increase or reduce services as needed. In June 2015, the City Council approved a Professional Services Agreement (PSA) with Charles Abbott and Associates for assistance with these Services and in 2019 a subsequent PSA with Willdan Engineering (Willdan) was approved. Additional amendments to Willdan's agreement occurred in 2022 and 2025. Because the contract with Willdan Engineering is set to expire on December 31, 2025, the City issued a Request for Proposals (RFP) seeking proposals from qualified firms to provide these Services.

On April 8, 2025, the City issued the RFP and received five proposals prior to the submission deadline on May 8, 2025 from the following firms:
4Leaf, Inc.

Bureau Veritas North America, Inc.

Transtech Engineers, Inc.

True North Compliance Services, Inc. Willdan Engineering Following a careful review of the proposals by a selection committee of three City staff, there was consensus that Willdan is the most qualified firm to provide the Services based on the evaluation criteria specified in the RFP. The breadth of experience and capacity of the firm will continue to provide the Department with the needed Services and their pricing is in-line or more competitive when compared to the other firms.

JUSTIFICATION:

On December 31, 2025, the City's contract with Willdan Engineering is expiring and the City will be without the necessary Services to ensure a smooth permit, inspection and overall customer experience in the Building and Safety Division. The City currently utilizes Willdan Engineering for all plan check reviews and does not have the staff expertise or capacity to process plan checks for the volume and 525
complexity of applications received. In addition, there are currently staff vacancies for allocated positions that are currently backfilled by Willdan Engineering, including two inspector positions and two permit specialists (the Building Official was also backfilled until recently).

The City continues to see development activity and the improvement of property and structures, necessitating a need to utilize a contract firm to assist with its capacity to provide building and safety services. The table below demonstrates the continual increase in permit activity during the past two years.

Quarter
Total Permits
Issued
Q3 2024 276
Q4 2024 301
Q1 2025 312
Q2 2025 428
Q3 2025 389
Q4 2025 (thru
10/17/25)
97 FISCAL IMPACT:

The Services are anticipated to require a contract amount that is not to exceed $750,000 per fiscal year based on historic need and accounting for anticipated contingencies. The total contract amount is proposed to not exceed $2,250,000 during the three-year term. Contract Svc-Professional/Professional Services, Account 001-2700-442-33-11, is used to pay for Services which are entirely funded by user fee revenue. Accordingly, the anticipated compensation over the proposed three-year term of the agreement is directly attributable to the revenues received and no direct fiscal impact to the City's General Fund would result from approval of the recommended action.

ALTERNATIVES:

Provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. CC_Resolution_2025-171_-_Willdan_Engineering_Agreement.docx

2. Professional Services Agreement C01232 - Willdan Engineering

3. Willdan Proposal Cover Letter

4. Willdan Proposal

5. Willdan Pricing
526
Resolution 2025-171

RESOLUTION 2025-171

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING A SOLE SOURCE PROFESSIONAL SERVICES AGREEMENT (PSA _____)

WITH WILLDAN ENGINEERING, INC FOR BUILDING AND SAFETY SERVICES WHEREAS, the City of Banning, CA (“City”) Community Development Department (“Department”), which includes the Building & Safety, Fire Prevention and Planning Services Divisions, manages the land use entitlement and construction permitting process for development in the City, including new projects and improvements to existing developments; and WHEREAS, for more than a decade, the City has utilized consultants to assist with services in the Building and Safety Division, including plan check review of building and landscape plans and staff augmentation for counter assistance, inspections and building administration (“Services”), allowing the Department to increase or reduce services as needed; and WHEREAS, on April 8, 2025, the City issued a request for proposals (“RFP”) to provide these Services and received five proposals prior to the submission deadline on May 8, 2025.

Following a careful review of the proposals by a selection committee of three City staff, there was consensus that Willdan is the most qualified firm to provide the Services based on the evaluation criteria specified in the RFP. The breadth of experience and capacity of the firm will continue to provide the Department with the needed Services and their pricing is in-line or more competitive when compared to the other firms; and
WHEREAS, on December 9, 2025, the City Council considered the Professional Services Agreement with Willdan Engineering for these services at a public meeting.

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

SECTION 1. The City Council approves the Professional Services Agreement (PSA) with Willdan Engineering for Building and Safety Services in an amount not to exceed $2,250,000 for a three-year term with two (2), one-year extensions, for Services described in Exhibit A.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the PSA and to execute the agreement with Willdan Engineering, Inc. on behalf of the City Council.

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

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

PASSED, APPROVED AND ADOPTED this 9th day of December, 2025. 527
Resolution 2025-171

, Mayor
City of Banning
ATTEST:

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
528
Resolution 2025-171

CERTIFICATION:

I, Sandra B. Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-171, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of December, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra B. Calderon, Deputy City Clerk
City of Banning, California
529
Resolution 2025-171

EXHIBIT A
Professional Services Agreement with Willdan Engineering 530
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AGREEMENT FOR PROFESSIONAL SERVICES (C01232) FOR ONCALL BUILDING AND SAFETY PLAN CHECK & LANDSCAPE

DESIGN REVIEW SERVICES BY AND BETWEEN CITY OF BANNING

AND WILLDAN ENGINEERING
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 Willdan Engineering, a California 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 a Request for a Proposal (RFP 24-099) for the performance of the services for On-Call Building and Safety Plan Check & Landscape Design Review 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 highest 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 “highest professional 531
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standards” shall mean those standards of practice recognized by one or more first-class 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, 532
-3-
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. 533
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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
Patrick Johnson Director – Building and Safety
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. 534
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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 535
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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.

1.15 Debarment or Suspension.

Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify 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 Two Million Two Hundred Fifty Thousand Dollars and Zero Cents ($2,250,000.00) (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.
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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 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 537
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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 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, 2028, with an option of two (2) one year extensions, 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.
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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 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.
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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.

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) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify 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, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising 540
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from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
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 indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

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

D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement. 541
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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 542
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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. 543
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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 544
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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 545
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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. 546
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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: David A. Newell
City’s Contract Officer
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: John Pinkney, City Attorney
Slovak Baron Empey Murphy & Pinkney LLP
74774 CA-111
Indian Wells, CA 92210
Email: [email protected]
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If to Consultant: Attn: Patrick Johnson
Director – Building and Safety
Willdan Engineering
2401 E. Katella Ave., Ste 300
Anaheim, CA 92806
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. 548
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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]
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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
Art Vela, Date
Intermin City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Date
Acting Administrative City Clerk
Address:

APPROVED AS TO FORM:

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

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

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing OnCall Building and Safety Plan Check & Landscape Design Review Services prepared in connection therewith:
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Exhibit “A”-11
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:

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. 562
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___________________________ 564
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.
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Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as 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. 566
Exhibit “C-1”-1
11303-0008\2344655v8.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
567
Exhibit “D”- 1
11303-0008\2344655v8.doc
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.
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Exhibit “D-1”- 1
11303-0008\2344655v8.doc
III.EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
See Exhibit “A”-1
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager MEETING DATE: December 9, 2025
SUBJECT: Consideration for Resolution 2025-172, Awarding an Agreement for Homeless Encampment Clean Up, Illegal Dumping Abatement and Graffiti Removal Services to Clean Harbor Environmental Services in the Amount of $150,000 per Year and Rejecting All Other Bids RECOMMENDATION:

Adopt Resolution 2025-172.

BACKGROUND:

The City continues to experience an increase in public health and safety concerns associated with unauthorized homeless encampments, illegal dumping of solid and hazardous waste, and widespread graffiti vandalism. These activities contribute to environmental degradation, obstruct public access to rights-of-way, and create visual blight that negatively impacts community well-being and economic development.

To address these ongoing concerns, the City issued Request for Proposals (RFP) No. 25-103, “Homeless Encampment Cleanup, Illegal Dumping Abatement and Graffiti Removal Services” through the OpenGov ProcureNow system.

The scope of work includes:

1. Homeless Encampment and Illegal Dumping Cleanup – Removal of waste, debris and hazardous materials from encampment sites and illegal dumping locations.

2. Graffiti Removal – Timely abatement of graffiti on public infrastructure and facilities.

3. Coordination with Code Enforcement Officers – Ensuring alignment with City enforcement efforts and compliance with legal protocols.

4. Safety and Training – Adherence to OSHA standards and implementation of safety protocols for field crews.

The RFP was advertised in the local newspaper and officially released through ProcureNow on August 7, 2025. In response, the City received 6 proposals by the submission deadline of September 15, 2025 as summarized below:

Consultant Score
1) Clean Harbors Environmental Services 90.33
2) Patriot Environmental Services 83.67
3) United Pumping Services, Inc. 82.67
4) West SWPPP Services 71.00
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5) D&B Property Maintenance LLC 69.33
6) RC Maintenance Holdings LLC 64.33
JUSTIFICATION:

Following a thorough evaluation of submitted proposals, staff recommends awarding a Professional Services Agreement in the amount of $150,000 to Clean Harbors Environmental Services, a firm with extensive experience in environmental remediation, hazardous waste removal, and municipal cleanup operations.

Clean Harbors demonstrated a strong understanding of the City’s needs, offering a comprehensive approach that includes rapid response capabilities, trained personnel, and environmentally responsible disposal practices.

FISCAL IMPACT:

The Professional Services Agreement in the amount of $150,000 per year will be funded through Code Enforcement, General Fund. An appropriation to Account 001-2740-442.23-08 in the amount of $150,000 from the General Fund is required for fiscal year 2025.

ALTERNATIVES:

Do not approve Resolution 2025-172 and provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2025-172.docx

2. Proposal_Clean Harbors.pdf

3. C01231 Clean Harbor Environmental Service Inc - Homeless Encampment Clean Up.docx 596
Resolution 2025-172

RESOLUTION 2025-172

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT TO CLEAN HARBORS

ENVIRONMENTAL SERVICES FOR HOMELESS ENCAMPMENT CLEAN UP, ILLEGAL

DUMPING ABATEMENT AND GRAFFITI REMOVAL SERVICES IN THE AMOUNT OF $150,000 AND REJECTING ALL OTHER BIDS
WHEREAS, the City continues to experience an increase in public health and safety concerns associated with unauthorized homeless encampments, illegal dumping of solid and hazardous waste, and graffiti vandalism; and
WHEREAS, these activities contribute to environmental degradation, obstruct public access to rights-of-way, and create visual blight that negatively impacts community well-being and economic development; and
WHEREAS, to address these concerns, the City issued Request for Proposals (RFP) No. 25-103, “Homeless Encampment Cleanup, Illegal Dumping Abatement and Graffiti Removal Services” through the OpenGov ProcureNow system on August 7, 2025; and WHEREAS, six proposals were received by the submission deadline of September 15, 2025 and after a comprehensive evaluation of qualifications, methodology, experience and pricing, Clean Harbors Environmental Services was determined to provide the best overall value and alignment with the City’s objectives; and
WHEREAS, the Professional Services Agreement in the amount of $150,000 will be funded through Code Enforcement, General Fund, and appropriation to Account 001-2740- 442.23-08 in the amount of $150,000 is required.

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

SECTION 1. The City Council approves the Professional Services Agreement with Clean Harbor Environmental Services for Homeless Encampment Clean Up, Illegal Dumping Abatement and Graffiti Removal Services for a 3-year term in an amount of $150,000 per year and subsequent amendments to extend the Agreement for up to two additional single year terms upon satisfactory performance, with a total not-to-exceed amount of $750,000 over five (5) years.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Professional Services Agreement and to execute the Professional Services Agreement with Clean Habor Environmental Services on behalf of the City Council.

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

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

PASSED, APPROVED AND ADOPTED this 9th day of December, 2025. 597
Resolution 2025-172

Sheri Flynn, Mayor
City of Banning
ATTEST:

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
598
Resolution 2025-172

CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-172, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of December, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
Acting Administrative City Clerk,
City of Banning, California
599
Resolution 2025-172

EXHIBIT A
Agreement
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AGREEMENT FOR PROFESSIONAL SERVICES (C01231) FOR

HOMELESS ENCAMPMENT CLEAN UP, ILLEGAL DUMPING

ABATEMENT AND GRAFFITI REMOVAL SERVICES BY AND

BETWEEN CITY OF BANNING AND CLEAN HARBORS
ENVIRONMENTAL SERVICES, 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 CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. a Massachusetts 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 a Request for a Proposal RFP # 25-103 for the performance of the services for Homeless Encampment Clean Up, Illegal Dumping Abatement and Graffiti Removal 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 highest professional standards in 646
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performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

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). 647
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1.6 Prevention of Loss and Damages.

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

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

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

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

1.9 Facilities and Equipment.

Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities. 648
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1.10 Special Requirements.

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

1.11 Corrections.

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

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

1.12 Party Representatives.

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

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

Name Title
Kendrick Harrison Government Accounts Specialist
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. 649
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2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement.

Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

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

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

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

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 650
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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.

1.15 Debarment or Suspension.

Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify 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 Fifty Thousand Dollars ($150,000.00) (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.
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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 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 652
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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 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, 2026, with an option of four (4) one year extensions, 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.
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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 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.
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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.

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) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify 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, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising 655
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from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
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 indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

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

D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement. 656
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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 657
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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. 658
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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 659
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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 660
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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. 661
-17-

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: Brandon Smith
City’s Contract Officer
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: John Pinkney, City Attorney
Slovak Baron Empey Murphy & Pinkney LLP
74774 CA-111
Indian Wells, CA 92210
Email: [email protected]
662
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If to Consultant: Attn: Kendrick Harrison
Government Account Specialist
Clean Harbors Environmental Services, Inc.
42 Longwater Drive
Norwell, MA 0261
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. 663
-19-
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.
664
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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]
665
-21-
IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Art Vela, Date
Intermin City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Acting Administrative City Clerk Date
Address:

APPROVED AS TO FORM:

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

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
666
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Homeless Encampment Clean Up, Illegal Dumping Abatement and Garffiti Removal 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:
667
Exhibit “A”
-2
668
Exhibit “A”
-3
669
Exhibit “A”
-4
670
Exhibit “A”-5
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.
671
Exhibit “A”-6
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. 672
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.
673
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___________________________ 674
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.
675
Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as 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. 676
Exhibit “C-1”-1
11303-0008\2344655v8.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
677
Exhibit “C
-1”-2
11303-0008\2344655v8.doc
678
Exhibit “C
-1”-3
11303-0008\2344655v8.doc
679
Exhibit “D”- 1
11303-0008\2344655v8.doc
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.
680
Exhibit “D-1”- 1
11303-0008\2344655v8.doc
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
681

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager MEETING DATE: December 9, 2025
SUBJECT: Consideration of Resolution 2025-173, Awarding a Professional Services Agreement for the Animal Shelter Facility Assessment and Feasibility Study to IDS Group, Inc. in the Amount of $144,487 and Rejecting All Other Bids
RECOMMENDATION:

Adopt Resolution 2025-173.

BACKGROUND:

Historically, the City contracted with Riverside County Department of Animal Services to provide general animal control services. Subsequently, in April 2021, the City entered into an agreement with ARE Animal Rescue, Inc. to operate animal care and shelter services at the City-owned facility located at 2423 Charles Street. The initial agreement between the City and ARE Animal Rescue, Inc. commenced on July 1, 2021 and was set to remain in effect through June 30, 2026. In the summer of 2024, the agreement was terminated early and since then the City has not provided animal shelter services, which has created challenges in providing animal control services to the community.

To assess the short- and long-term viability of the existing animal shelter facility and explore opportunities for future improvements or potential expansion to support in-house animal shelter operations, the City issued Request for Proposals (RFP) No. 25-111, “Animal Shelter Facility Assessment and Feasibility Analysis” through the OpenGov ProcureNow system. The purpose of the RFP is to secure a qualified consultant to evaluate the condition and capacity of the City's existing shelter that was originally constructed in the 1960s, and to develop recommendations for rehabilitation, interim use or expansion.

The scope of work includes: 1) a full facility condition assessment of the existing shelter; 2) a feasibility analysis for interim or long term use; 3) conceptual site planning for expansion onto adjacent parcels; and 4) a final report with cost estimates (operations and capital), recommendations and conceptual designs.

The RFP was advertised in the local newspaper officially released through ProcureNow on August 21, 2025. In response, the City received 6 proposals by the submission deadline of October 9, 2025 summarized below:

Consultant Score
1) IDS Group Inc. 84.67
682
2) COAR Design Group 83.0
3) Dimension Architecture and Design, Inc. 78.33
4) Rania Alomar Architect Inc. 73.33
5) Miller Architectural Corp 71.67
6) Ware Malcomb 67.67
JUSTIFICATION:

After a comprehensive evaluation of qualifications, methodology, experience, references, value-added services and pricing, staff recommends awarding the Professional Services Agreement in the amount of $144,487 to IDS Group, Inc. the firm that demonstrated the best overall value and alignment with the City’s objectives.

IDS Group, Inc. brings extensive experience in animal shelter design and feasibility studies. Their proposal includes a detailed work plan and a proven track record of delivering similar projects on time and within budget. Their team will provide a comprehensive assessment of the existing facility, explore interim and long-term shelter options and develop conceptual site plans for future expansion.

This project will provide the City with a firm strategy on how (and if) to move forward with the next phase, which would include the preparation of a construction bid package (plans, specifications and estimates) for selected improvements.

FISCAL IMPACT:

The Professional Services Agreement in the amount of $144,487 will be funded through Account 001- 2300-424.33-11 (Animal Control/Professional Services). An appropriation from the General Fund in the full amount is required to fund the project.

There may be an opportunity for a cost share with the Morongo Band of Mission Indians (MBMI), who have shown interest in the improvement of the City's animal shelter. Staff is currently waiting for a decision from MBMI on the potential cost share.

ALTERNATIVES:

Do not approve Resolution 2025-173 and provide alternative direction to staff.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution_2025-173.docx

2. IDS Proposal.pdf

3. C01228 IDS GROUP AGREEMENT.docx
683
Resolution 2025-173

RESOLUTION 2025-173

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES AGREEMENT TO IDS GROUP, INC. FOR THE

ANIMAL SHELTER FACILTY ASSESSMENT AND FEASIBILITY ANALYSIS IN THE AMOUNT OF $144,487 AND REJECTING ALL OTHER BIDS
WHEREAS, historically the City contracted with the Riverside County Department of Animal Services to provide general animal control services; and WHEREAS, in April 2021, the City entered into an agreement with ARE Animal Rescue, Inc. to operate animal care and shelter services at the City-owned facility located at 2423 Charles Street; and
WHEREAS, the agreement with ARE Animal Rescue, Inc. commenced on July 1, 2021, and was originally set to remain in effect through June 30, 2026, and was later terminated in the summer of 2024 following City Council’s determination that a change in service approach was necessary to address several concerns; and
WHEREAS, to assess the long-term viability of the existing animal shelter facility and explore opportunities for improvement or potential expansion to support in-house operations, the City issued Request for Proposals (RFP) No. 25-111, titled “Animal Shelter Facility Assessment and Feasibility Analysis,” through the OpenGov ProcureNow system on August 21, 2025; and WHEREAS, six proposals were received by the submission deadline of October 9, 2025, and after a comprehensive evaluation of qualifications, methodology, experience, and pricing, IDS Group, Inc. was determined to provide the best overall value and alignment with the City’s objectives; and
WHEREAS, the Professional Services Agreement in the amount of $144,487 will be funded through Account 001-2300-424.33-11 (Animal Control/Professional Services) and an appropriation in the amount of $144,487 is required.

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

SECTION 1. The City Council approves the Professional Services Agreement with IDS Group, Inc. for the Animal Shelter project for a 1-year term in an amount of $144,487.

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

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

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

PASSED, APPROVED AND ADOPTED this 9th day of December, 2025. 684
Resolution 2025-173

, Mayor
City of Banning
ATTEST:

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
685
Resolution 2025-173

CERTIFICATION:

I, Sandra Calderon, Acting Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-173, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of December, 2025 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon,
Acting Deputy City Clerk,
City of Banning, California
686
Resolution 2025-173

EXHIBIT A
Agreement Document Title
(Attach Agreement Document)
687
Submitted by:
1 Peters Canyon Road, Suite 130, Irvine, CA 92606
T: 949.387.8500 F: 949.387.0800 www.idsgi.com
October 8, 2025
Proposal for
Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
688
CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis 1 RFP 25-111
Solutions Through Integrated Design

COVER LETTER
2 A. Statement of Understanding and Approach
3 B. Company Information
9 C. Company Personnel
14 D. Disclosure
29 E. Experience and References
30 PRICE PROPOSAL
39 VALUE ADDED SERVICES
41 EVIDENCE OF INSURANCE
42 VENDOR FORMS
44 TABLE OF CONTENTS
689
980 Montecito, Suite, 205, Corona, California 92879 951.631.8550 www.idsgi.com October 8, 2025
Barbara Mason
City of Banning
Qualifications submitted via OpenGov
SUBJECT: RFP 25-111 Animal Shelter Facility Assessment and Feasibility Analysis IDS Group (IDS) understands the City of Banning’s (City’s) urgent need for a functional animal shelter. We are prepared to collaborate with the City to assess the cost and feasibility of rehabilitating the existing facility, as well as to develop conceptual site plans for potential expansion into adjacent undeveloped parcels. This project represents a critical first step toward establishing both an interim solution and a comprehensive, long-term program—not only for the City of Banning, but also for surrounding communities. IDS brings extensive experience in revitalizing underutilized properties and engaging with stakeholders throughout the redevelopment process. Differentiators that IDS will bring to the City of Banning include the following:

Integrated Design Solutions: Our name says it all. IDS has architecture, interior design, planning, landscape architecture, civil engineering, structural engineering, electrical engineering, mechanical/plumbing engineering, and construction cost estimation services under one roof. We bring a workshop mentality, utilizing the right resources as the right time, on projects for deriving ideal project solutions. IDS functions as one unified center, meaning we provide these solutions cost effectively and efficiently.

Relevant Experience Designing for Community Impact: IDS has completed projects throughout Southern California and Riverside County, giving us an awareness of the climate and environmental factors impacting design and engineering. We cater each of our projects to the specific environmental and community needs for sustained success. One of the most sustainable techniques of design is to improve upon an already developed site. Our facility assessment experience is extensive. We have investigated the ability to re-furbish and re-use existing infrastructure as detailed in our Project Experience. Our experience working with Public Works, Healthcare Facilities and Educational Campuses means we design for proficient functionality and operational effectiveness so that services remain reliable.

Team Expertise: Our award‐winning architectural team is staffed with experienced and licensed architects and engineers who have extensive experience in the design and management of retrofit and renovation projects. Our architectural services include architectural planning and design for new or existing structures, tenant improvements, alternatives analysis, preparation and presentation of models, renderings, and photo simulations. IDS’ Project Manager, John Silber, brings over 35 years of architectural design, collaborating with municipalities and regional agencies across Southern California. He has overseen teams that provide a similar scope of services to the City.

IDS has prepared a proposal response in accordance to the RFP and adheres to the provisions described within it. IDS has reviewed the Sample Agreement and accepts the terms and conditions. We are in receipt of seven Addenda issued between September 30 through October 1, 2025. Dr. Rami Elhassan will be the City’s main point-of-contact for negotiating and contractually binding the firm regarding matters pertaining to this proposal. John Silber is our proposed Principal Architect and will be supported by Project Manager, Shelley Sivak. They can be reached at 949.387.8500. Please do not hesitate to call should you have any questions.

Thank you for your consideration.

Sincerely,
IDS Group, Inc.

John Silber, AIA Rami Elhassan, PhD, PE, SE
Principal Architect Managing Principal / Contract Administrator 690
CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis 3 RFP 25-111

PROJECT UNDERSTANDING
IDS understands the current animal shelter and rescue laws and regulations in California set by the state’s Department of Animal Services. They cover a range of areas such as the treatment of animals, licensing requirements for shelters and rescues, and protocols for handling abandoned or stray animals. They also include requirements for reporting and record-keeping, as well as standards for the housing and care of animals in shelters and rescues. IDS’ focus will be meeting these standards include providing adequate food, water, shelter, and medical care for animals in their care. From IDS’ experience of similar project types involving animal care, IDS understands the unique needs and amenities required for a successful and functional animal shelter. IDS has taken time to investigate the existing site and building conditions and what is needed to properly renovate and rehabilitate the existing buildings to meet current codes and standards.

IDS will explore all options, re-use, expansion and demolition, and the relative construction costs associated with each to provide an optimal solution to this unique design problem. As a full service design firm, IDS Group has teams of architects, planners, interior designers, along with our civil, structural and mechanical/plumbing and electrical engineering groups to provide integrated design solutions that optimize functionality and site utilization while working with our in-house construction cost estimators to perform in real-time detailed cost-benefit analyses.

Lastly, IDS will work with the City of Banning and various stakeholders and user groups to ensure the smooth process of the design and planning of this project. IDS uses tried and true methods of interviewing, programming and planning of complex public projects and has a proven track record of design excellence.

PROJECT APPROACH
IDS will approach this project with the City’s priorities in mind. The primary objectives of this project are expediency and accuracy. The IDS team is full of architects and engineers who are experienced in working together and starting projects simultaneously resulting in a very well-coordinated team with a developed rapport and intricate understanding of every member’s role. Due to our ability to work simultaneously on aa project we can assure that there is no time lost waiting for answers or feedback and we can review each other’s work while completing our own. The goal is to be able to present to the city staff the available options for their animal shelter to be developed into a working facility as soon as possible. It is not lost on IDS that animal control facilities are essential and the urgency with which this project must be accomplished. It is also apparent that the fastest way to any task is to ensure accuracy throughout the process to avoid significant changes or delays.

A. UNDERSTANDING

AND APPROACH
691
4 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111 CITY OF BANNING
Task 1: Facility Assessment
A team of IDS architects and engineers will conduct a comprehensive assessment of the Animal Shelter aimed at evaluating the condition, functionality, compliance and future needs of the facility to form planning, maintenance and investment decisions. This will be done by:
• Conducting a thorough physical assessment of all existing structures, systems, and site infrastructure, including:
o Building structural integrity
o Electrical, plumbing, and HVAC systems
o Site drainage
o Animal care facilities and related infrastructure
• Identifying and prioritizing necessary repairs, code compliance issues, and improvements. • Providing an itemized cost estimate for bringing the facility up to acceptable operational standards for an animal shelter.

Upon completion of the Draft Facility Assessment Report, IDS will send it to the city for review. Within a week of completion we will schedule a ‘Feasibility Kickoff” meeting to discuss the findings and challenges paying particular attention to the immediate occupancy of the structure as well as answer and questions the city has prepared. Collaboratively we will determine what changes we need to make to the assessment for the feasibility assessment.

Task 2: Feasibility Analysis
Using the information gained from the facility assessment and kickoff meeting, we will assess relevant considerations for the interim and/or permanent use of the animal shelter facility. IDS will develop a needs assessment with the City of Banning and the participating stakeholders using available regional data from the County of Riverside. Property and code research will be performed in order to identify project constraints and required improvements. IDS will provide a comparative analysis of the following alternatives:
• Maintain current size and use
o Interim and long-term comparisons where applicable
• Expand for Regional Use
o Evaluate Likely Stakeholders and their inclusion in this project • Other Feasible Options
o Discuss relevant options for long-term use and their inclusion in the conceptual design such as:
ե Landscaping improvements for animal care
ե Street improvements for increased access
Upon the analysis of the needs and capacity assessments, IDS will call a ‘Conceptual Kickoff’ meeting to discuss the preliminary conclusions with city staff. This meeting will be to review the preliminary findings and finalize a direction for the feasibility report and conceptual designs. In particular, we will discuss what type of options the city will want to see in the conceptual design and consequently what our
feasibility analysis will be based upon.

Upon the development of the conceptual ‘design intent’
the feasibility analysis will continue in conjunction with the 692
5 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111 CITY OF BANNING
conceptual design development. Once both the Draft Feasibility Report and the Draft Conceptual Designs are developed IDS will send a package to the City Staff. Simultaneously, these draft documents will be used to determine itemized costs for occupancy and maintenance of the different concepts.

Task 3: Site Planning and Conceptual Design
Based on the ‘Conceptual Kickoff’ meeting, IDS will develop 3 conceptual designs as well as an existing conditions plan.

Upon developing a ‘design intent’ of the concept designs, IDS will send said information to the city for their input.

The exact level of detail provided in the ‘design intent’ will vary based on the conformance with the results of the
‘Conceptual Kickoff’.

It is anticipated that the project schedule will not allow time for a full review with the City so instead should IDS have any concerns the project manager will schedule a call with the City’s Project Manager point of contact to discuss. Similarly, should the City’s Project Manager have any questions or concerns with the ‘design intent’ provided they should schedule a call with the IDS Project Manager to discuss. To the extent that is feasible, development of the conceptual design will not stop during said coordination.

Upon development of the conceptual ‘design intent’ the feasibility analysis will continue in conjunction with the conceptual design development. These designs are anticipated to include upgrades required for occupancy including: necessary improvements, proposed building/use areas, phased development opportunities.

Once both the Draft Feasibility Report and the Draft Conceptual Designs are developed IDS will send a package to the City Staff. Simultaneously, these draft documents will be used to determine high-level cost estimates for the improvements shown in the concepts.

Task 4: Final Report and Recommendations
Upon the completion of the itemized cost estimates IDS will schedule a meeting with City Staff to discuss the various options provided and results of the draft reports prepared. IDS will present our preliminary recommendations to the city for feedback and incorporation into the executive summary. Additionally, City Staff will review the documentation provided and recommend any additional exhibits for presentation to city council.

IDS will finalize and consolidate the reports into one final report and distribute it to the city. IDS will prepare the agreed upon exhibits for presentation to council. IDS will attend up to two city council meetings, present their findings, and answer questions.

DELIVERABLES
Final Comprehensive Report and Executive Summary
• Facility Assessment Report
ե Findings and recommendations including repairs, studies, and guidelines for the existing infrastructure’s occupancy and use as animal control facility
ե Findings and recommendations of the improvements to the infrastructure and site for the occupancy and use as animal control facility
ե Itemized cost estimate to bring the facility up to acceptable operational standards in accordance with the findings in 693
6 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111 CITY OF BANNING
the report
ե Exhibits showing existing floor plans and features
ե Draft Report Prepared and Submitted prior to Final Comprehensive Report * Meeting with City Staff to review findings
• Feasibility Analysis Report
ե Stakeholder interviews (3 meetings anticipated)
* Project Manager will be available for in-person interview and online capabilities will be held for additional project staff as needed
ե Evaluate capacity of current animal intake and service facility ե Evaluate current and projected demand of animal intake and service facilities for City of Banning, and relevant stakeholders in region
ե Assess the Facility Assessment Report for feasibility and implementation, demand and capacity comparison, develop future capacities for expansion
Includes identification of constraints, considerations and demands expanded from Facility Assessment Report ե Itemized cost estimate for continued operating cost for occupancy of the shelter * 10-years of operations starting from 2026 for use as described in Facility Assessment Report and Feasibility Analysis
* Similar comparisons including expanded capacity for regional use with other stakeholders • Site Planning and Conceptual Design
ե Existing Conditions Plan
* Documented site conditions and map documents overlay where relevant ե Conceptual Site Plans
* Concept drawings using satellite imagery, record drawings, site photos, and record maps * Estimate expanded footprint(s) in accordance with Feasibility Report * Estimate required site usage in accordance with Feasibility Report, available mapping, stakeholder meetings, and code research (ie. Parking, drainage, grading)
* Estimate required open space / landscaping area for different capacities or configurations proposed ե Three (3) site plans including: one (1) site plan maintaining existing infrastructure/capacity for interim use and two (2) site plans with expanded regional use in collaboration with City and stakeholders ե High-level cost estimate for each concept
• Executive Summary
ե Recommendations for interim and long-term use based on reports and concepts • Presentation Exhibits
• City Council Meetings
ե Up to 2 meetings to answer questions and discuss findings

ASSUMPTIONS
• Riverside county will provide operational costs associated with the care and use of animal shelters • Timely review (5 working days or less) of all ‘draft’ and ‘progress’ deliverables by City Staff • Stakeholder’s participation and needs will be determined within 3 meetings and limited email coordination • Revisions to draft reports and plans will be limited to 1 per task and will be incorporated into Final Report 694
7 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111 CITY OF BANNING

EXCLUSIONS
• Interviews and surveys not explicitly stated herein
• Destructive testing or material sampling of any kind
• Seismic evaluations
• Video/Camera inspections of utility lines and ducts
• Topographic survey
• Traffic engineering reports and recommendations
• Construction level design plans, specifications, and estimates. • Engineering calculations as part of construction level drawings including, but not limited to: structural, title 24, drainage, water quality, etc.
• Revisions to deliverables exceeding what is explicitly stated • Conceptual and/or preliminary plans not explicitly stated above 695
CITY OF BANNING 8 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111

SCHEDULE
ID Task Name Duration Start Finish
1 Task I: Facility Assessment 67 days Tue 10/28/25 Wed 2/4/26 2 Notice to Proceed 1 day Tue 10/28/25 Tue 10/28/25
3 On-Site Visit 5 days Wed 10/29/25 Tue 11/4/25
4 Code Analysis and Required Repairs/Improvements 5 days Wed 11/5/25 Tue 11/11/25 5 Draft Facility Assessment Report 5 days Wed 11/12/25 Tue 11/18/25 6 Cost Estimate (Task I) 5 days Wed 11/12/25 Tue 11/18/25 7 Internal QA/QC 2 days Wed 11/19/25 Thu 11/20/25
8 City Review Meeting 5 days Fri 11/21/25 Mon 12/1/25
9 Report Refinements 5 days Thu 1/29/26 Wed 2/4/26
10 Task II: Feasibility Analysis 47 days Tue 11/25/25 Wed 2/4/26 11 Stakeholder Interviews 10 days Mon 12/1/25 Fri 12/12/25 12 Preliminary Analysis 7 days Mon 12/8/25 Tue 12/16/25 13 Conceptual Kickoff Meeting 5 days Tue 12/16/25 Mon 12/22/25 14 Comparitive Analysis of Alternatives including Cost Estimates 14 days Mon 12/29/25 Fri 1/16/26 15 Draft Feasibility Analysis Report 7 days Thu 1/8/26 Fri 1/16/26 16 Internal QA/QC 4 days Mon 1/19/26 Thu 1/22/26
17 Report Refinements 5 days Thu 1/29/26 Wed 2/4/26
18 Task III: Site Planning and Conceptual Design 28 days Fri 12/26/25 Wed 2/4/26 19 Design Intent 3 days Mon 12/22/25 Fri 12/26/25
20 Draft Conceptual Site Plans 7 days Mon 12/29/25 Wed 1/7/26 21 Multi-Discipline Review and Coordination 3 days Thu 1/8/26 Mon 1/12/26 22 Finalize Conceptual Site Plans 7 days Thu 1/8/26 Fri 1/16/26 23 High-Level Cost Estimates (Task III) 11 days Thu 1/8/26 Thu 1/22/26 24 Site Plan Refinements 5 days Thu 1/29/26 Wed 2/4/26
25 Task IV: Final Report and Recommendations 13 days Fri 1/23/26 Tue 2/10/26 26 Preliminary Recommendations Meeting 4 days Fri 1/23/26 Wed 1/28/26 27 Final Report and Executive Summary 1 day Thu 2/5/26 Thu 2/5/26 28 Presentation Exhibit Preparation 9 days Wed 1/28/26 Mon 2/9/26 29 City Council Presentation 1 day Tue 2/10/26 Tue 2/10/26 Task I: Facility Assessment
Notice to Proceed
On-Site Visit
Code Analysis and Required Repairs/Improvements
Draft Facility Assessment Report
Cost Estimate (Task I)
Internal QA/QC
City Review Meeting
Report Refinements
Task II: Feasibility Analysis
Stakeholder Interviews
Preliminary Analysis
Conceptual Kickoff Meeting
Comparitive Analysis of Alternatives including Cost Estimates Draft Feasibility Analysis Report
Internal QA/QC
Report Refinements
Task III: Site Planning and Conceptual Design
Design Intent
Draft Conceptual Site Plans
Multi-Discipline Review and Coordination
Finalize Conceptual Site Plans
High-Level Cost Estimates (Task III)
Site Plan Refinements
Task IV: Final Report and Recommendations
Preliminary Recommendations Meeting
Final Report and Executive Summary
Presentation Exhibit Preparation
City Council Presentation

S S S S S S S S S S S S S S S S S S S
Sep 28, '25 Oct 12, '25 Oct 26, '25 Nov 9, '25 Nov 23, '25 Dec 7, '25 Dec 21, '25 Jan 4, '26 Jan 18, '26 Feb 1, '26

B B B B B
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
10/8/2025 THE CITY OF BANNING

ANIMAL SHELTER
3 On-Site Visit 5 days Wed 10/29/25 Tue 11/4/25
4 Code Analysis and Required Repairs/Improvements 5 days Wed 11/5/25 Tue 11/11/25 5 Draft Facility Assessment Report 5 days Wed 11/12/25 Tue 11/18/25 6 Cost Estimate (Task I) 5 days Wed 11/12/25 Tue 11/18/25 7 Internal QA/QC 2 days Wed 11/19/25 Thu 11/20/25
8 City Review Meeting 5 days Fri 11/21/25 Mon 12/1/25
9 Report Refinements 5 days Thu 1/29/26 Wed 2/4/26
10 Task II: Feasibility Analysis 47 days Tue 11/25/25 Wed 2/4/26 11 Stakeholder Interviews 10 days Mon 12/1/25 Fri 12/12/25 12 Preliminary Analysis 7 days Mon 12/8/25 Tue 12/16/25 13 Conceptual Kickoff Meeting 5 days Tue 12/16/25 Mon 12/22/25 14 Comparitive Analysis of Alternatives including Cost Estimates 14 days Mon 12/29/25 Fri 1/16/26 15 Draft Feasibility Analysis Report 7 days Thu 1/8/26 Fri 1/16/26 16 Internal QA/QC 4 days Mon 1/19/26 Thu 1/22/26
17 Report Refinements 5 days Thu 1/29/26 Wed 2/4/26
18 Task III: Site Planning and Conceptual Design 28 days Fri 12/26/25 Wed 2/4/26 19 Design Intent 3 days Mon 12/22/25 Fri 12/26/25
20 Draft Conceptual Site Plans 7 days Mon 12/29/25 Wed 1/7/26 21 Multi-Discipline Review and Coordination 3 days Thu 1/8/26 Mon 1/12/26 22 Finalize Conceptual Site Plans 7 days Thu 1/8/26 Fri 1/16/26 23 High-Level Cost Estimates (Task III) 11 days Thu 1/8/26 Thu 1/22/26 24 Site Plan Refinements 5 days Thu 1/29/26 Wed 2/4/26
25 Task IV: Final Report and Recommendations 13 days Fri 1/23/26 Tue 2/10/26 26 Preliminary Recommendations Meeting 4 days Fri 1/23/26 Wed 1/28/26 27 Final Report and Executive Summary 1 day Thu 2/5/26 Thu 2/5/26 28 Presentation Exhibit Preparation 9 days Wed 1/28/26 Mon 2/9/26 29 City Council Presentation 1 day Tue 2/10/26 Tue 2/10/26 On-Site Visit
Code Analysis and Required Repairs/Improvements
Draft Facility Assessment Report
Cost Estimate (Task I)
Internal QA/QC
City Review Meeting
Report Refinements
Task II: Feasibility Analysis
Stakeholder Interviews
Preliminary Analysis
Conceptual Kickoff Meeting
Comparitive Analysis of Alternatives including Cost Estimates Draft Feasibility Analysis Report
Internal QA/QC
Report Refinements
Task III: Site Planning and Conceptual Design
Design Intent
Draft Conceptual Site Plans
Multi-Discipline Review and Coordination
Finalize Conceptual Site Plans
High-Level Cost Estimates (Task III)
Site Plan Refinements
Task IV: Final Report and Recommendations
Preliminary Recommendations Meeting
Final Report and Executive Summary
Presentation Exhibit Preparation
City Council Presentation
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Progress
Deadline
1 /1
696
CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis 9 RFP 25-111
B. COMPANY INFORMATION

FIRM QUALIFICATIONS
IDS Group, Inc. (IDS) is a multidisciplinary design firm with roots spanning over 60 years. Our longevity comes from integrating all specialized divisions under one roof giving our clients a premium customer experience by creating a “onestop-shop” of design professionals. Not only does “IDS” stands for Integrated Design Services, our 90-plus staff brings a mixture of curiosity, technical expertise, building and infrastructure experience to all projects, applying these skills to each project’s unique circumstances, and creating project success.

IDS has offices in Irvine, Los Angeles, Corona and Encinitas, California, ensuring local knowledge and providing our clients with quick response times. As a multidisciplinary engineering and architectural firm, IDS has the practical knowledge, insight, and resources to offer our clients comprehensive services and specialized solutions.

Our corporate infrastructure creates optimum utilization of resources for our staff, maximizing service efficiency. IDS is committed to project excellence, providing turnkey design solutions to the building and infrastructure industries. As an award-wining professional engineering/architectural consulting firm specializing in the design and renovation, evaluation and assessment, and construction administration for a wide range of clients and facilities.

Our project history demonstrates thoroughness and accuracy in our investigation and production of construction documents in accordance with established state procedures and guidelines, as well as having an efficient response time without diminishing the accuracy of the work.

Our services include the following:
• Architectural Design
• Landscape Architecture Design
• Mechanical, Electrical & Plumbing Engineering Design
• LEED Planning/ Certification
• Access Compliance (ADA)
• Energy Assessment
• Building Evaluations and Modifications
• Forensic Investigation
• Risk Assessment and Reduction
• Constructability and Design Review
• Structural Engineering Design
• Civil Engineering Design
• Cost Estimating
Business Information
Company
Ownership IDS is a California Corporation
Contacts Rami Elhassan, PhD, PE, SE
Principal / Contract Administrator
949.387.8500 x 113
[email protected]
John Silber, AIA
Principal Architect
949.387.8500 x 154
[email protected]
Location of
Company
Offices
IDS Group, Inc. (Corporate Office)
1 Peters Canyon Road, Suite 130
Irvine, California 92606
T: 949.387.8500
(Additional Offices)
Corona Office:
980 Montecito, Suite 205
Corona, CA 92879
T: 619.768.6784
Los Angeles Office:
11845 West Olympic Boulevard
Ste 715E
Los Angeles, California 90061
T: 323.800.6500
Encinitas Office:
336 Encinitas Blvd., Suite 110
Encinitas, CA 92024
T: 619.768.6784
Number of
Employees 90
Disclosures Litigation, mediation, or arbitration in the past 5 years: NONE Claims or disciplinary action in the
past 5 years = NONE
697
10 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111 CITY OF BANNING
Architectural Services
Our award-winning Architecture division provides architecture, design, planning, programming, project management and renovation services to public and private clients throughout California. Our architectural services involve building assessments, alterations, and modifications, accessibility studies, ADA compliance studies and design, fire and life safety assessment and design, code review, space planning, remodeling, repair of damaged and deteriorated structures, and expansions and additions to existing facilities. The project experience of IDS staff encompasses new construction, renovation, re-adaptation, and tenant improvements to a variety of building types.

We manage projects, with proficiency in:
• Interacting with project stakeholders
• Conducting facility needs assessments &
master plans
• Providing planning phase duties
• Preparing schematic designs, design development
documents, and construction documents
• Developing construction cost estimates
Our architectural team will assure the City an approach that is industry leading, practical, responsive, and affordable. They work closely with our in-house engineering divisions to ensure the ultimate in design coordination. From the initial project programming and preliminary design concept to completion of construction, our work reflects innovative approaches to solving even the most complex space and design problems.

Repair and Rehabilitation of Structures: IDS has successfully completed repair and rehabilitation design for many structures, including buildings and parking structures. We have performed numerous evaluations and studies of existing facilities and have produced reports, rehabilitation documents and cost analyses for many projects.

Forensic Investigation and Assessment Experience: IDS
performs engineering and architectural assessments of building structures. We have conducted site investigation and testing to determine existing properties and construction details, assessing deterioration and defects, and providing appropriate remediation.

ADA Access Compliance
Our expert ADA (Americans with Disabilities Act) and CASp compliance team offers detailed Path of Travel (PoT) facility surveys and preparation of Transitional Plans, plan reviews, training, and product consulting on a regular basis to local government, federal, and state clients, healthcare facilities, large corporations.

Accessibly Designed
City of Lancaster Mariposa Park
County of Orange, Brea Library Renovation
Concession Building and Restroom Improvements
Deanna Manning Stadium at Bill Barber Park
MWave
MWave
A-402 2 A-402 4
7 3 5

BEVERAGE
FRIDGE

EMPLOYEE
LOCKER

BEVERAGE
FRIDGE

EMPLOYEE
LOCKER
2 A-301
1 A-201

CONCESSION
106
17' - 5"
A-201
2 30"x48"
05 05
1 A-301
1 6
2' - 6" 3' - 9"
2' - 0" 3' - 10 1/2" 2' - 0"
5' - 10 1/2"
33' - 8"

UTILITY ROOM
99 GARAGE
101
OFFICE
100

VESTIBULE
98 N.I.C.

N.I.C.
2 A-301
1 A-301

CONCESSION
106

UTILITY ROOM
99 FIRESTOP TEST STANDARDS IN REFERENCE TO:
• ASTM E 814 OR UL 1479 "FIRE TESTS OF THROUGH-PENETRATION FIR • ASTM E119 OR UL 263 "FIRE TEST OF BUILDING CONSTRUCTION AND • ASTM E 1966 OR UL 2079 "TEST FOR FIRE-RESISTANCE JOINT SYSTEMS

1. SEE G-SHEET SERIES FOR ACCESSIBILITY DETAILS AND ADDITIONAL NOT

2. PARTITIONS DIMENSIONED TO FINISH FACE U.O.N. DO NOT ADJUST DIME “CLEAR” WITHOUT WRITTEN DIRECTION FROM ARCHITECT. DRAWINGS S

VERIFY ALL DIMENSIONS AND EXISTING AS BUILT FIELD CONDITIONS, INC

MEASUREMENTS PRIOR TO START OF WORK, NOTIFY ARCHITECT WHER OCCUR.

3. SEE A-503 DETAIL SHEET SERIES FOR TYPICAL WALL DETAILS AND FINISH

4. FIRE SAFE PENETRATIONS AT FIRE RESISTANT RATED PARTITIONS PER A ASSEMBLY.

5. PROVIDE BLOCKING AS REQUIRED AT LOCATIONS INCLUDING, BUT NOT L

SHELVING, OVERHEAD CABINETS, SIGNAGE, TOILET ROOM ACCESSORIE EQUIPMENT, ETC.

6. LARGE SCALE DRAWINGS TAKE PRECEDENCE OVER SMALL SCALE DRAW

PRECEDENCE OVERALL, NOTIFY ARCHITECT IN WRITING WHERE DISCRE

7. PATCH FLOOR AND WALL AREAS DAMAGED DUE TO NEW CONSTRUCTIO

PENETRATIONS HAVE BEEN MADE FOR MECHANICAL, ELECTRICAL AND P

FIRESAFE AT UL RATED ASSEMBLIES CONSISTENT WITH EXISTING UL RA

8. WHERE EXISTING RATED ASSEMBLIES ARE SHOWN, CONTRACTOR IS RE VERIFY AS BUILT FIELD CONDITIONS TO CONFIRM RATINGS SHOWN. IF N

CONDITIONS ARE FOUND, REPORT FINDINGS TO OWNER/ARCHITECT IN W PROVIDE WRITTEN DIRECTION.

9. PATCH AND REPAIR ALL EXISTING PARTITIONS AFTER DEMOLITION WHER OCCURRED AT UNPROTECTED LOCATIONS. PLEASE NOTE THAT DEMOLI

OCCUR BEYOND WORK LIMITS SHOWN ON DEMOLITION PLAN DUE TO CO

10. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL INSPECTIONS A

REQUIRED BY THE APPLICABLE DEPARTMENTS OF ORANGE COUNTY AN NOTE:

1. SEE INTERIOR ELEVATIONS AND FINISH PLANS FOR WALL FINISH INFORM

2. STAGGER AND CAULK AROUND ELECTRICAL OUTLETS AND OTHER BOXE CONDUIT AND OTHER THROUGH-THE-WALL PENETRATIONS.

3. REFER TO STRUCTURAL X/S1.XX FOR WALL CONDITIONS AT DUCT PENET

4. REFER TO STRUCTURAL X/S1.XX FOR METAL STUD GA.

1. ALL DEMOLITION WORK SHALL COMPLY WITH LOCAL CODES AND ORDINA

SHALL COMPLY WITH CITY OF IRVINE WASTE MANAGEMENT PLAN REQUI DISPOSAL AND RECYCLING OF WASTE MATERIALS.

2. CONTRACTOR SHALL MAINTAIN EXISTING UTILITIES INDICATED TO REMA

PROTECT THEM AGAINST DAMAGE DURING SELECTIVE DEMOLITION OPE

3. CONTRACTOR SHALL PROVIDE AND MAINTAIN SHORING, BRACING, OR ST

SUPPORT TO PRESERVE STABILITY AND PREVENT MOVEMENT, SETTLEM

OF STRUCTURE TO REMAIN, AND TO PREVENT UNEXPECTED OR UNCON OR COLLAPSE OF STRUCTURE BEING DEMOLISHED. CONTRACTOR SHAL

ADD NEW SUPPORTS WHEN REQUIRED DURING PROGRESS OF DEMOLIT

4. CONTRACTOR SHALL PROMPTLY DISPOSE OF DEMOLISHED MATERIALS, ALLOW DEMOLISHED MATERIALS TO ACCUMULATE ON SITE.

5. ITIS NOT EDXPECTED THAT HAZARDOUS MATERIALS WILL BE ENCOUNTE

ITEMS SUSPECTED OF CONTAINING HAZARDOUS MATERIALS ARE ENCOU DISTURB. IMMEDIATELY NOTIFY THE OWNER. HAZARDOUS MATERIALS W UNDER A SEPARATE CONTRACT.

6. PATCH AND REPAIR ALL EXISTING PARTITIONS AFTER DEMOLITION WHER OCCURRED AT UNPROTECTED LOCATIONS. PLEASE NOTE THAT DEMOLI

OCCUR BEYOND WORK LIMITS SHOWN ON DEMOLITION PLAN DUE TO CO

CONDITIONS
DEMOLITION:

EXISTING WALL TO

FIRE EXTINGUISH

CABINET FEC
+42" INDICATES MOUN

PARTITION LEGEND

A STOREFRONT TA
10 KEYNOTE TAG
43 A

WINDOW TAG

WALL TAG

NEW EQUIPMENT

TO EQUIPMENT P

EQUIPMENTS

ITEM TO BE REMO

RCP PLAN

NEW WALL (TYPE A

FULL HEIGHT PART

WALL TO BE DEM
E108 DOOR TAG
NIC

KEYNOTES VALUE DESCRIPTIONS
CONCESSION - NEW FLOOR PLAN 1/4" = 1'-0" 2 CONCESSION - EXISTING & DEMOLITION PLAN 1/4" = 1'-0" 1 IDS GROUP - FILE LOCATION: PLOT DATE: USER: 4/30/2024 2:23:27 PM C:\Users\song.brandner\Documents\22X068.06 IRVI DMS Bill Barber - R2020_song.brandner.rvt
SS/MF

GENERAL NOTES - FLOOR PLAN
AERIAL VIEW - CONCESSION BLDG. 3
MWave
MWave
2 A-301
MIN
44"

BEVERAGE
FRIDGE

EMPLOYEE
LOCKER
2' - 0" 5' - 10 1/2"
9 14
2 41
41 39
4 15
1 1
27 12
17 13
18 31
7 6
43 16 50 54 47 42
18' - 0"
37 41
46 37
1 A-301
52 52
47 27
41 2' - 6" 3' - 9"
2' - 0"
25 3' - 10 1/2" 2' - 0"
32' - 6"
33' - 8"
32 41
50 55

FIRESTOP TEST STANDARDS I
- ASTM E 814 OR UL 1479 "FIRE T
- ASTM E119 OR UL 263 "FIRE T
- ASTM E 1966 OR UL 2079 "TEST
GE

1. SEE G-SHEET SERIES FOR ACCESS

2. PARTITIONS DIMENSIONED TO FINIS
“CLEAR” WITHOUT WRITTEN DIREC

VERIFY ALL DIMENSIONS AND EXIS

MEASUREMENTS PRIOR TO START

3. SEE A-503 DETAIL SHEET SERIES F

4. FIRE SAFE PENETRATIONS AT FIRE

5. PROVIDE BLOCKING AS REQUIRED

SHELVING, OVERHEAD CABINETS, S
EQUIPMENT, ETC.

6. LARGE SCALE DRAWINGS TAKE PR

PRECEDENCE OVERALL, NOTIFY AR

7. PATCH FLOOR AND WALL AREAS D

PENETRATIONS HAVE BEEN MADE

FIRESAFE AT UL RATED ASSEMBLIE

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9. PATCH AND REPAIR ALL EXISTING P

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10. THE CONTRACTOR IS RESPONSIBL

BY THE APPLICABLE DEPARTMENT
NOTE:

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3. REFER TO STRUCTURAL X/S1.XX FO

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GUAGE MATERIAL
14 STAINLESS STEEL TOP AND
16 STAINLESS STEEL EXPOSED
18 STAINLESS STEEL EXPOSED
16 STAINLESS STEEL WALL SH
14 STAINLESS STEEL KNIFE BR
14 STAINLESS STEEL SINK TUB
16 STAINLESS STEEL UNDERSH
16 STAINLESS STEEL 1 5/8" DIA
16 STAINLESS STEEL GALVANIZ
EQU
IDS GROUP - FILE LOCATION: PLOT DATE: USER: 4/30/2024 2:23:29 PM C:\Users\song.brandner\Documents\22X068.06 IRVI DMS Bill Barber - R2020_song.brandner.rvt
Author
CONCESSION - NEW EQUIPMENT PLAN 1/2" = 1'-0" 1

IDS EQU
MARK
1 AIR CURTAIN RECEIVING
2 OUTDOOR GRILL*
4 EMPLOYEE LOCKERS
6 HAND SINK ADA, SEE 4/A-503
7 HAND SINK FAUCET, DECK
9 HI-DENSITY SHLELING NOT A
DETAILS 10/A-503
12 DOUBLE FREEZER
13 ICE MACHINE (SELF CONTAIN
14 ICE BIN
15 CUSTOM 3-COMPARTMENT S
16 10" PREP SINK FAUCET (SPL
17 WALL SHELF (KNIFE BRACK
18 WATER FILTER
25 TRASH RECEPTACLE (COUN
27 HOT WELL
31 FOOD PREP TABLE: SOLID D
32 RAPID COOK OVEN
37 CASH REGISTER
39 REACH -IN REFRIG (SELF CO
41 DRAWER WARMER
42 HOT DOG GRILL
43 COFFEE/HOT WATER DISPEN
46 SERVICE COUNTER
47 FLAV-R-SAVOR, HOLDING & D
50 HAND SINK W/ SOAP $ TOWE
52 OVEN BUILT-IN MICROWAVE
54 HAND SINK FAUCET (DECK M
55 STAINLESS STEEL SPLASH G
* OUTDOOR BBQ UNIT SHOWN IN THE BUIL
INSIDE THAT SPACE.
698
11 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111 CITY OF BANNING
Bidding and Construction Administration Support
IDS provides practical, cost effective, fast/efficient solutions; high-quality construction documents and drawings; and significant experience in construction support and on-site construction administration services for public projects. IDS will draw from insights gained through our history of involvement with civic projects. We know firsthand that our ability to adapt to the challenging operational demands is essential to meet project goals. As an example, during the pandemic, IDS worked with several clients, conducting Zoom meetings, Bluebeam QA sessions, and continuous communications via email and phone. IDS has maintained measures to ensure your objectives and goals are efficiently achieved and our team adheres to milestone schedules for successful project completion.

Additional In-House Capabilities
A clear benefit that IDS offers our clients is our interdisciplinary diversified staff that delivers the expertise of seasoned engineers and architects. IDS seamlessly integrates our mechanical, electrical and plumbing design services with in-house design professionals who specialize in architecture, landscape architecture, structural, and civil, engineering, and cost estimating to provide well-rounded design capabilities for our clients as a value-added service.

Our Structural Engineering division is a recognized leader in the design, assessment, review, and seismic retrofit of buildings and site improvements.

The depth of our work includes the design of new buildings utilizing steel, concrete, and masonry, the assessment and retrofit of numerous buildings of all sizes, the evaluation, and repair of distressed structures, peer and plan review, constructability review, and forensic engineering.

Our structural engineering services consist of the following:
• Structural design services
• Structural engineering evaluation and structural modifications • Structural and seismic assessment
• Peer and plan review
• Seismic risk mitigation and retrofit
• Construction administration
• Expertise in the design, review, and assessment of various building components and systems
Furthermore, our structural engineering division is a recognized leader in Southern California in the assessment, review, and retrofit of existing buildings and has been honored with many structural engineering awards. Our principals and staff has published over 120 technical papers in various journals and conferences, and have participated and lectured in many workshops, seminars, and technical presentations.

Our Mechanical/Plumbing Engineering division is comprised of professional engineers and designers who are experts in the fields of heating, ventilating, air conditioning, plumbing, piping, and fire protection.

We have provided design services for heating, ventilating, air conditioning (HVAC), plumbing, and fire protection systems for countless public projects and facilities. These projects encompass new construction, retrofit, modernization, and expansions of facilities. Our mechanical and plumbing engineering division will work closely providing the expertise of professional engineers who are authorities in the fields of HVAC, plumbing, piping, and fire protection. Our team has evaluated HVAC systems and needed upgrades in existing buildings as a part of modernization projects and as a primary California State University, Simpson Tower HVAC Upgrades
Rio Hondo College
Tower L Seismic Assessment & Upgrade
699
12 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111 CITY OF BANNING
service. The evaluations identify the physical conditions of the systems’ equipment and components; strategic planning for sites; evaluation of system performance; identification of conditions that are at variance with current building codes and standards, including but not limited to: Title 24 Energy Code, CAL Green, Title 5, Field Act and United States Green Building Council guidelines (USGBE); provide an estimate of the remaining service life for equipment, material, and components; identification of necessary maintenance requirements; need of equipment upgrades for enhancing energy savings and indoor air quality; and provide an estimate of the costs of repairs and replacements. Evaluations can include the measuring and recording or air and water flows, pressures, and temperatures. Committed to project excellence, providing turn-key design solutions to the building and infrastructure industries.

Remodel and Modernized: The evaluation of existing buildings being remodeled and modernized includes the allocation of the spaces that are available to accommodate new piping, ductwork, and equipment. The replacement HVAC system components are often larger than the original space requiring innovative solutions on how to proceed without major changes to the building’s usable spaces. We have experience preparing engineering studies and analyses, reviewing plans, drawings, and specifications for new construction projects for code compliance, conducting electrical power consumption studies and field investigations, providing construction cost estimates, conceptual studies and reports, and post-construction support for various public and private clients.

Our Electrical Engineering division has experience in the preparation of engineering studies and analyses, reviewing plans, drawings, and specifications for new construction projects for electrical code compliance, conducting electrical power consumption studies and field investigations, and providing construction cost estimates, concept studies and reports, and post-construction support for electrical engineering projects. Our electrical project experience includes electrical power consumption studies and field investigations; the review of plans, drawings, and specifications of new construction projects for electrical code compliance and delivering post-construction support; construction cost estimates for electrical wiring infrastructures; and drafting concept studies and reports.

Power Engineering: IDS’ electrical engineers have an analytical and indepth understanding of the process of power generation, utilization, and energy management. Our clients depend on us to deliver detailed and accurate economic analysis and the proper engineering design for a successful and economically viable system operation. Our power and energy division has completed numerous major photovoltaic projects; we have achieved a successful balance of combining engineering challenges, the practicality of construction, and beneficial economic results. We can provide systems commissioning for a variety of facilities, including the support of LEED certification submittals.

LEED Experience: IDS incorporates sustainable, energy-efficient, and environmentally conscious designs as a significant component of each project. We are recognized for our use of water-efficient plant materials, reCosta Mesa EV Charging Station Renovation and Adaptive Reuse
Yale Navigation Center
Parking Lot with Solar
Riverside County Coroner Facility
700
13 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111 CITY OF BANNING
cycled materials, and water-efficient irrigation systems. IDS is a member of the Green Building Council, on design teams for LEED-certified building projects, and employs numerous full-time LEED Accredited Professionals.

The IDS Civil Engineering division offers a wide array of expertise in specializing in providing planning and entitlement, civil engineering design, surveying and mapping, construction LEED, sustainable design, and construction administration to public agencies, owners, and developers of retail, commercial, office, industrial, institutional, and residential projects.

Sustainable Engineering
The firm’s project approach begins with a complete assessment of project requirements to achieve a LEED certification or provide a sustainable design without certification. To meet the project requirements our team will investigate all sustainability options including photovoltaic solar system, commercial and residential fuel cell systems, geothermal ground source heat pump systems, low energy LED lighting products, water conservation design solutions, day lighting harvesting, low-flow plumbing fixtures and high SEER air conditioning equipment.

IDS provides a dedicatedLandscape Architectureteam that specializes in building healthy places for communities through the practices of landscape architecture and ecological restoration. The team focuses on the relationship between land and people where we are only as healthy as our surroundings. The majority of work lies in municipalities, counties and other California agencies working closely with clients and stakeholder groups to design and build healthy communities and improve quality of life. The projects designed draw from natural and cultural histories of the land and improve the natural ecological systems. Our expertise includes historic preservation, adaptive re-use, cultural landscapes, cultural and natural history interpretation, ecological restoration, sustainable design, drought tolerant planting, low water irrigation systems, and context-integrated design.

Our in-house Cost Estimation Services are provided by experienced cost estimators, supporting both new construction and complex renovation projects supplying knowledge for a variety of tenant improvement types. Utilizing the latest in cost control methods, IDS ensures clients’ projects are well planned and expertly executed. In the delivery of its cost services, IDS provides reliable, accurate estimates while meeting its client’s most critical deadlines.

Building Information Modeling (BIM)
Building on decades of hands-on experience in BIM, IDS is committed to creating value for our clients through innovative and fully integrated design solutions. IDS’ BIM platform helps improve project efficiency by optimizing performance and response-time of visualizations and simulations to create unprecedented data rich models. Our clients are experiencing the benefits of BIM that extend long past the completion of a project - including improved constructability, better-performing buildings and more efficient project delivery as well as construction cost savings, schedule compression and energy reductions.

We have completed numerous BIM projects ranging from large civic projects such as John Wayne Airport Terminal Expansion to K-12 School projects, to private commercial buildings. IDS has assisted with the development of BIM standards for public and private organizations. With the advances of rendering technology, IDS maintains several state-of-the-art rendering programs to provide simulations and effective presentations.

Landscape Architecture
Entrance at Los Alamitos-Rossmoor Library
Architecture Rendering, Maywood Teen Center
701
CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis 14 RFP 25-111
C. COMPANY PERSONNEL
In this section, IDS has identified the Key Team Members who will perform services for this Facility Assessment and Feasibility Analysis project in the following table. The Key Personnel Table includes a listing of their associated project tasks, and California license and registration numbers. Key Team Members have access to all of the resources listed on the Organization Chart. The Organization Chart illustrates the roles of each team member and reporting structure. Our staff members have worked independently or teamed on projects with similar deliverables. They have collaboratively provided architectural and engineering services for numerous projects.

Resumes for key staff have been included immediately following the Organization Chart.

For this project, IDS will be able to utilize all resources in-house and will not require the services of subconsultants. 702
15 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111 CITY OF BANNING
Key Personnel Table

NAME PROJECT ROLE PHONE LICENSE
Rami Elhassan, PhD, PE, SE Principal,-in-Charge, Structural Engineering 949.387.8500 CA #S3930
CA #C46592
John Silber, AIA Principal Architect, Architecture Design, Site Planning, Concept Design, Stakeholder Involvement and Engagement 949.387.8500 CA #C15573 Shelley Sivak, RA, LEED AP Project Management, Architecture Design, Site Planning, Concept Design, Stakeholder Involvement and Engagement 949.387.8500 CA #C33767 Quentin Montrie, LEED AP Architecture Design, Site Planning, Concept Design, Stakeholder Involvement and Engagement 949.387.8500
Victor Mercado, PE, SE Structural Engineering, Building and Related Infrastructure Condition Assessment, Needs Assessment, Feasibility Analysis 619.768.6784 CA #S5020
CA #C65325
Adrian Anderson, PE
Civil Engineering, Facility Condition Assessment, Site Drainage, Feasibility Analysis, Parking/Circulation, Site Planning, Concept Design
949.387.8500 CA #C60955
Paul Murray, PE
Civil Engineering, Facility Condition Assessment, Site Drainage, Feasibility Analysis, Parking/Circulation, Site Planning, Concept Design
949.387.8500 CA #C74559
Silman Ruiz, PE
Civil Engineering, Facility Condition Assessment, Site Drainage, Feasibility Analysis, Parking/Circulation, Site Planning, Concept Design
951.631.8550 CA #94658
Darren Smith, PE, BEAP Mechanical/Plumbing, HVAC, Facility Condition Assessment, Feasibility Analysis, Site Planning, Concept Design 949.387.8500 CA #M30841 Andrew Bussey, PE Mechanical/Plumbing, HVAC, Facility Condition Assessment, Feasibility Analysis, Site Planning, Concept Design 949.387.8500 CA #M25330 Anthony Zanotti, PE Mechanical/Plumbing, HVAC, Facility Condition Assessment, Feasibility Analysis, Site Planning, Concept Design 949.387.8500 CA #M36110 Kevin Barnes Mechanical/Plumbing, HVAC, Facility Condition Assessment, Feasibility Analysis, Site Planning, Concept Design 949.387.8500 Steven Collins, PE, LEED AP Electrical, Facility Condition Assessment, Feasibility Analysis, Site Planning, Concept Design 949.387.8500 CA #E22805
Manolito Ocampo, PE Electrical, Facility Condition Assessment, Feasibility Analysis, Site Planning, Concept Design 949.387.8500 CA #16367
Bob Kramer Electrical, Facility Condition Assessment, Feasibility Analysis, Site Planning, Concept Design 949.387.8500
Stuart McKnight Electrical, Facility Condition Assessment, Feasibility Analysis, Site Planning, Concept Design 949.387.8500
Faisal Dakhil Cost Estimating 619.768.6784
Sheldon Jackson Cost Estimating 619.768.6784
Jill Van Sickle, PLA, ASLA Stakeholder Involvement and Engagement, Landscape Architecture 619.768.6784 CA #5804 Kristen Gros, PLA, ASLA, LEED AP ND Stakeholder Involvement and Engagement, Landscape Architecture 619.768.6784 CA #6288 703
CITY OF BANNING 16 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111

LANDSCAPE

ARCHITECTURE

STRUCTURAL

ENGINEERING

MECHANICAL/

PLUMBING

ENGINEERING

ELECTRICAL

ENGINEERING
CIVIL

ENGINEERING
COST

ESTIMATION
Jill Van Sickle, PLA, ASLA,*
Lead Landscape Architect
Victor Mercado, PE, SE*
Lead Structural Engineer
Darren Smith, PE, BEAP*
Lead Mechanical Engineer
Steven Collins, PE, LEED AP*
Lead Electrical Engineer
Adrian Anderson, PE*
Lead Civil Engineer
Faisal Dahkil*
Lead Cost Estimator
Support Staff Support Staff Support Staff Support Staff Support Staff Support Staff Kristen Gros, PLA, ASLA, LEED AP ND
Ruoxi Cao, LEED AP ND
Jaime Rosenbach, PE, SE
John Van Valkenburg, PE, SE
Mohsen Kargahi, PhD, PE
Steve Uthoff, PE, SE
Ellen Wu, PhD, PE
Ghazaleh Laleh, PhD, PE
Anthony Zanotti, PE*
Andrew Bussey, PE*
Ronnie Jimenez, LEED BD+C
Ron Magno
Kevin Barnes*
Manolito Ocampo, PE
Bob Kramer*
Michael Reed
Stuart McKnight*
Paul Murray, PE*
Silman Ruiz, PE
Jason Wetterich, PE
Christian Chang, PE
Narith Lao, PE, PLS, QSD
Abbegail Roman-Esperanza
Sheldon Jackson*
John Silber, AIA*
Principal Architect

ARCHITECTURE TEAM
Quentin Montrie, LEED AP*
Senior Project Designer
Aysan Nejad, PhD, AIA, LEED AP, BD+C, WELL AP
Senior Project Architect
Song Brandner, RA, LEED GA
Project Architect
*Key Team Members

ORGANIZATION CHART
Rami Elhassan, PhD, PE, SE*
Managing Principal /
Contract Administrator

TEAM STAFFING
Shelley Sivak, RA, LEED AP*
Project Manager
704
17 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
John Silber, AIA
Principal Architect
An award-winning architect with more than three decades of extensive experience working on a wide range of projects both the public and private sectors. John’s upfront planning and design efforts are instrumental in creating sites and structures that fit seamlessly with their surroundings, are carefully attuned to their use, and contribute to making lasting and meaningful places. John’s projects have ranged in scope from minor facility upgrades to new construction, assessment and renovation projects for various project types including, office buildings, commercial buildings, education, and healthcare.

As Project Manager, John will be responsible for overseeing the technical adequacy and design of all work orders assigned by the City and will monitor the progress of each project to ensure the City’s goals and objectives are intertwined within the design.

Relevant Project Experience:
• Riverside County Sheriff’s, Tenant Improvements at Various Facilities Various Locations
• City of Irvine Civic Center Public Safety Tenant Improvements | Irvine, CA • City of Santa Ana City Hall Tenant Improvements | Santa Ana, CA • City of Fountain Valley, City Hall Improvements | Fountain Valley, CA • Rincon del Diablo Municipal Water District Office Building Improvements Escondido, CA
• City of Rancho Cucamonga Family Resources Center Rehabilitation Project | Rancho Cucamonga, CA
• County of Orange, Yale Navigation Center | Santa Ana, CA • City of Perris Senior Center Multipurpose and Nutrition Room Improvements | Perris, CA
• City of Perris Bob Glass Gym Community Program Enhancement Project Perris, CA
• County of Orange Santiago Oaks Park - Parking Lot & Patio Upgrade Orange, CA
• City of Commerce Veterans Memorial Park Recreation Center Commerce, CA
• City of Maywood Teen Center Conversion | Maywood, CA
• City of Industry, New Banquet Hall Expo Center | City of Industry, CA • City of Irvine Sweet Shade Park Recreation Center | Irvine, CA • City of Irvine, Deanna Manning Stadium & Bill Barber Improvement Project| Irvine, CA
35+years of experience
EDUCATION:

Master of Architecture, Southern
California Institute of Architecture
PROFESSIONAL REGISTRATION:

Professional Architect:

California #C15573
705
18 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Rami Elhassan, PhD, PE, SE
Principal/Contract Administrator
Mr. Elhassan has over 30 years of experience in the design and analysis of buildings. He has managed and performed structural design and evaluation services of buildings and structures for many clients from the private and public sectors.

Mr. Elhassan has done extensive work related to the earthquake design, evaluation, plan review, and retrofit of buildings and parking structures, using concrete, masonry, wood and steel construction, and conventional and advanced-technology earthquake-resistant schemes. He possesses a strong background in the structural and earthquake engineering and design that requires the practical application of advanced technology earthquake protective systems. He has also performed state-of-the-art analytical, research and experimental work, and published and presented over 35 technical papers on structural analysis and design.

He has extensive experience in the analysis and design of structures using state-of-the-art computer programs and design tools, and using UBC, CBC, FEMA (178, 310, 273, 356, 350 - 353), ASCE, DGS, UC, CSU seismic criteria / classifications, and other codes and guidelines.

Relevant Project Experience
• City of Murrieta, Town Square Park, New Building and Amphitheater Murrieta, CA
• City of Rialto, Citywide Park Buildings Renovation| Rialto, CA • City of Lancaster, Samaritan’s Purse (formerly El Dorado) Park Revitalization | Lancaster, CA
• City of Commerce, Veteran’s Memorial Park Recreation Center Commerce, CA
• City of Glendora, Finkbiner Park Restroom and Community Room Building | Glendora, CA
• City of Lancaster, Mariposa Park Renovation | Lancaster, CA • City of Pomona Civic Center Plaza and Park Repair | Pomona, CA • Los Angeles County, Belvedere Park Gymnasium Assessment | Los Angeles, CA
• Los Angeles County, Obregon Park Gym Roof Replacement | East Los Angeles, CA
• City of San Bernardino, Speicher Memorial Park Ballfield Improvements San Bernardino, CA
• Los Angeles County, Internal Services Department, As-Needed Architectural & Engineering Services | Various Locations, CA 30+years of experience
EDUCATION:

Doctorate, Earthquake and
Structural Engineering; University
of California, Los Angeles
PROFESSIONAL REGISTRATION:

Professional Structural Engineer:

California #S3930;
Professional Civil Engineer:

California #C46592
706
19 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Shelley Sivak, RA, LEED AP
Project Manager
Ms. Sivak has been involved in architecture and interior design for more than 25 years, shaping space, and bringing life to urban and suburban settings, which create a strong sense of place. Shelley specializes in reviewing the state of the existing building and evaluating its size and layout for the intended use, identifying the need for repair, renovation, and expansion.

As Project Manager, Shelley will be responsible for overseeing the technical adequacy and design of all work orders assigned by the City and will monitor the progress of each project to ensure the District’s goals and objectives are intertwined within the design.

Relevant Project Experience:
• Orangewood Children & Family Center Secure Vestibule & Lobby Upgrades | Orange, CA
• County of Orange, Yale Navigation Center | Santa Ana, CA • City of Irvine Civic Center Public Safety Tenant Improvements | Irvine, CA • Placentia Library District, Outdoor Library & Loading Dock | Placentia, CA • Los Angeles County Library Headquarters Tenant Improvements Design Los Angeles, CA
• City of Anaheim West Tower Upgrades and Tenant Improvements Anaheim, CA
• County of Orange Dept. Public Works El Toro Library Space Planning and Architectural Improvements | Lake Forest, CA
• County of Orange Dept. Public Works Brea Library Space Planning and Architectural Improvements | Brea, CA
• County of Orange Dept. Public Works Los Alamitos-Rossmoor Library Space Planning and Architectural Improvements | Seal Beach, CA • County of Orange Dept. Public Works La Habra Library ArchitecturalEngineering Improvements | La Habra, CA
• Placentia Library District Loading Dock, Electric Vehicle Charging Station, and Outdoor Library | Placentia, CA
• City of Coachella Library Annex Renovation | Coachella, CA • City of Escondido Architectural-Engineering Design Services for the Escondido Library Critical Infrastructure & Modernization | Escondido, CA
25+years of experience
EDUCATION:

Master of Architecture, California
State Polytechnic University, Pomona
PROFESSIONAL REGISTRATION:

Professional Architect:

California #C33767
LEED Accredited Professional
707
20 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Quentin Montrie, LEED AP
Senior Project Designer
Quentin has over 25 years of experience as a Senior Design Architect for program-driven, interdisciplinary architecture, master planning, and urban design projects. Quentin’s expertise includes comprehensive technical design details and documentation for public agencies and master planning. Quentin is a highly effective presenter and lecturer to government review boards and large community audiences.

Relevant Project Experience:
• Riverside County Sheriff’s Department, Palm Desert Sheriff Station Expansion | Palm Desert, CA
• City of Perris Senior Center Multipurpose and Nutrition Room Improvements | Perris, CA
• City of Perris Bob Glass Gym Community Program Enhancement Project Perris, CA
• Riverside County Sheriff’s Dept., Larry D. Smith Correctional Facility Kitchen Modernization | Banning, CA
• Sweetwater Union HSD, L Street Facilities Assessment & Development Chula Vista, CA
25+years of experience
EDUCATION:

BS, Architecture, University of
Maryland, College Park
PROFESSIONAL REGISTRATION:

LEED Accredited Professional
Victor Mercado, PE, SE
Lead Structural Engineer
Mr. Mercado possesses more than 30 years of experience in the design and analysis of buildings for both the private and public sectors. His area of expertise includes structural design of steel structures, concrete frame or shear wall structures, masonry structures and timber structures. In addition to his structural design experience, he has worked on numerous projects involving the seismic rehabilitation, and earthquake safety evaluation of existing structure.

Relevant Project Experience:
• City of Perris Senior Center Multipurpose and Nutrition Room Improvements | Perris, CA
• City of Perris Bob Glass Gym Community Program Enhancement Project Perris, CA
• City of Glendora Corporate Yard Improvements | Glendora, CA • Riverside County Sheriff’s Department Palm Desert Sheriff Station Expansion | Palm Desert, CA
• Orange County Veterans Services and Registrar of Voters Complex Outside Shelter | Santa Ana, CA
• Deanna Manning Stadium & Bill Barber Shade Structure Improvements Irvine, CA
30+ years of experience
EDUCATION:

MS, Civil Engineering, University of
California, Irvine
PROFESSIONAL REGISTRATION:

Professional Structural Engineer:

California #S5020;
Professional Civil Engineer:

California #C65325
708
21 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Adrian Anderson, PE
Lead Civil Engineer
Adrian has over 25-years of experience with various street improvement projects ranging from new roadway alignment studies, to widening and rehabilitation, ADA access, and active transportation. He leads the civil engineering group at IDS overseeing PS&E tasks, project reports, and other civil documents.

Relevant Project Experience:
• City of Laguna Beach Pearl Street Pedestrian Safety Assessment | Laguna Beach, CA
• Topanga Canyon Charter School, Maintenance Vehicle & Pedestrian Access Way Design, Paving and Drainage Repairs | Topanga, CA City of Lancaster Samaritan’s Purse Park | Lancaster, CA
• City of Lancaster Mariposa Park | Lancaster, CA
• City of Irvine Great Park Concession Building Upgrade | Irvine, CA • City of Downey Rio San Gabriel Park | Downey, CA
• City of San Bernardino Speicher Park | San Bernardino, CA 25+years of experience
EDUCATION:

BS, Civil Engineering, California
State University, Long Beach
PROFESSIONAL REGISTRATION:

Professional Civil Engineer:

California #C60955
Paul Murray, PE
Senior Civil Engineer
Mr. Murray is a highly experienced Civil Engineer, managing and designing projects from project kickoff, through entitlements, and close of construction. He has successfully designed and permitted land development projects in civic, commercial, residential, and industrial market projects throughout the United States. His experience includes efficient site design, water quality management, water main design, sanitary sewer design, site grading, road design, drainage reports, review of geotechnical reports, traffic studies, hydrology reports, ADA compliance, CEQA requirements and public hearings.

Relevant Project Experience:
• City of Carson, Wilmington Ave Street Improvements | Carson, CA • City of Carson, East 213th Street from Chico to Wilmington Street Lighting | Carson, CA
• City of Lancaster, Mariposa Park Renovation | Lancaster, CA • City of Downey, Rio San Gabriel Park, Green, Safe, and Active Park Improvements | Downey, CA
35+years of experience
EDUCATION:

MS, Civil Engineering, University of
Southern California;
BS, Civil Engineering, University of
Southern California
PROFESSIONAL REGISTRATION:

Professional Civil Engineer:

California #C78912
709
22 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Darren Smith, PE, BEAP
Lead Mechanical Engineer
Darren Smith is a registered mechanical engineer with over 25 years of experience in design bid build and design-build projects. With experience in designing and managing numerous construction projects, Darren brings cross-communication at various levels of project ownership and the flexibility needed for project task order assignments.

Relevant Project Experience:
• City of Anaheim, City Hall West Tower, HVAC Rehabilitation and Replacement | Anaheim, CA
• Metropolitan Water District of So. California Headquarters HVAC System Equipment & Chiller Plant Upgrades | Los Angeles, CA
• DGS, Atascadero State Hospital Cogen Plant | Atascadero, CA • DGS, CA Department of Veterans Affairs, Air Handler Unit Replacement | Barstow, CA
• DGS, Ronald Reagan Building Fire Sprinkler System and Domestic Water System Repair | Los Angeles, CA
• DGS, Fairview Development Center Assessment and Housing Re-purposing Studies | Costa Mesa, CA
• Cal State Long Beach Central Utility Plant Energy Upgrade |Long Beach, CA 25+ years of experience
EDUCATION:

BS, Mechanical Engineering
Technology, California State
University, Long Beach
PROFESSIONAL REGISTRATION:

Professional Mechanical Engineer,
California #M30841;
ASHRAE (Building Energy Auditing
Professional)
Silman Ruiz, PE, LEED GA
Civil Engineer
Mr. Ruiz brings over 10 years of experience in the public sector, including Due Diligence research on possible development projects, site plan development, conceptual grading and water quality/stormwater management, entitlements, and CEQA, and moving on final development plans and permits and supporting construction until project closeout. Silman has prepared grading and utility design drawings including stormwater reports (LID, WQMP, Hydrology/Hydraulics) throughout the California region and in Oregon and Utah where he has his professional engineer licenses.

Relevant Project Experience:
• City of Carson, Avalon Blvd., Street Improvements | Carson, CA • City of Corona, Old Police Department Demolition | Corona, CA • Riverside County Sheriff’s Department, Erosion Control and Maintenance | Palm Desert, CA
• Rancho Santiago Community College Saddleback College
Accessibility Route Improvement Project
10+years of experience
EDUCATION:

BS, Civil Engineering, California State
University, Fullerton
PROFESSIONAL REGISTRATION:

Professional Civil Engineer:

California #C94658
710
23 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Andrew Bussey, PE
Mechanical Engineer
Mr Bussey is an experienced Senior Mechanical Engineer with a passion for multi-disciplinary collaboration and creativity for commercial/industrial buildings. He brings a demonstrated history of success in the design, construction management, and commissioning of the built environment with extensive breadth and depth on a variety of project types.

Relevant Project Experience:
• Metropolitan Water District of So. California Headquarters HVAC System Equipment & Chiller Plant Upgrades | Los Angeles, CA • DGS, Atascadero State Hospital New Cogen Plan Scoping Documents | Atascadero, CA
• DGS, CA Department of Veterans Affairs, Air Handler Unit Replacement | Barstow, CA
• Anaheim West Tower, HVAC Rehabilitation & Replacement | Anaheim, CA
• West Los Angeles Veterans Affairs Medical Center, Burner Equipment Replacement Sepulveda, CA
30+ years of experience
EDUCATION:

BS, Environmental Engineering Solar
Option, California State Polytechnic
University, San Luis Obispo
PROFESSIONAL REGISTRATION:

Professional Mechanical Engineer,
CA #M25330
Anthony Zanotti, PE
Mechanical Engineer
Mr. Zanotti is a performance driven HVAC engineer who takes the initiative, to operate with integrity, and thrive in a fast-paced work environment Design expertise in static pressure loss, head loss, load calculations, LEED plumbing and HVAC design, pump and other HVAC unit selection, and plumbing equipment selection. Currently, Anthony oversees all phases of construction administration including submittal review, RFI’s, and site visits/reports. He is proficient in Revit and AutoCad.

Relevant Project Experience:
• DGS, Atascadero State Hospital New Cogen Plan Scoping Documents | Atascadero, CA
• DGS, CA Department of Veterans Affairs, Air Handler Unit Replacement | Barstow, CA
• LACCD, Los Angeles Trade Tech College, Energy Management System Campus Wide Upgrade | Los Angeles, CA
• LACCD, Los Angeles Mission College Health Fitness EMS Control System Replacement | Sylmar, CA
10+years of experience
EDUCATION:

BS, Mechanical Engineering
University of Southern California
PROFESSIONAL REGISTRATION:

Professional Mechanical Engineer,
CA #M36110
711
24 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Kevin Barnes
Mechanical/Plumbing Project Lead
Kevin has over 15 years of experience applying his with strong communication skills and the ability to lead mechanical and plumbing design projects to adhere to the client’s satisfaction, project requirements and scope of work. Kevin has accumulated years of design experience with construction management support and construction administration. His experience ranges from installation of a package unit to serve a single room to the complete design of central plants and boiler plants to service an entire facility/campus.

Relevant Project Experience:
• Metropolitan Water District of So. California Headquarters HVAC System Equipment & Chiller Plant Upgrades | Los Angeles, CA • Harry Hufford Building Registrar-Recorder-County-Clerk Chiller & Cooling | Norwalk, CA
• DGS, CA Department of Veterans Affairs, Air Handler Unit Replacement | Barstow, CA
• City of Anaheim, City Hall West Tower, HVAC Rehabilitation and Replacement | Anaheim, CA
• DGS, Atascadero State Hospital New Cogen Plan Scoping Documents | Atascadero, CA
15+years of experience
EDUCATION:

BS, Mechanical Engineering
Technology, California State
University, Pomona
Ron Magno
Senior Plumbing Designer
From early design development through construction administration, Mr. Magno’s precise attention to details make the projects he works on successful. His experience includes all associated equipment, fixtures selections, piping design, and specifications, including plumbing calculations, pipe sizing, and other calculations required to support the plumbing design.

Relevant Project Experience:
• Scripps Mercy Chula Vista Washer Disinfector Replacement | San Diego, CA
• Scripps Mercy Hospital Chula Vista Sterile Processing Department Air Handler Unit Replacement | Chula Vista, CA
• Los Angeles Hospital Water Softener Equipment Replacement | Los Angeles, CA
• Scripps Encinitas - New central plant with Water Softener | San Diego, CA
35+ years of experience
EDUCATION:

BS, Mechanical Engineering, Mapua
Institute of Technology
712
25 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Steven Collins, PE, LEED AP
Associate Principal, Electrical
Mr. Collins brings over 25 years of experience in Electrical Engineering for Building Systems and has expertise in municipal, education, commercial, and healthcare markets. His experience includes field investigation, design, and specifications for electrical service entrance equipment, standard and emergency distribution systems, lighting systems, controls, power-to-utilization equipment and devices, fire alarm systems, and telecommunication and low-voltage raceway systems.

Relevant Project Experience:
• County of Orange Brad Gates Emergency Generator Addition Santa Ana, CA • DGS, Junipero Serra Building Access Control & CCTV System | Los Angeles, CA • LACCD Los Angeles Trade Tech College 4160 V Campus Wide Electrical Upgrade | Los Angeles, CA
• CSU, Los Angeles, Simpson Tower HVAC Electrical Upgrade | Los Angeles, CA • Rincon del Diablo Municipal Water District Office Building Improvements Escondido, CA
25+years of experience
EDUCATION:

MS, Electrical Engineering,
Rensselaer Polytechnic Institute
PROFESSIONAL REGISTRATION:

Professional Electrical Engineer:

California #E22805;
LEED Accredited Professional
Manolito Ocampo, PE
Electrical Engineer
Mr. Ocampo has 35 years of electrical engineering experience and has provided electrical engineering consulting services to public and private agencies for municipalities, building assessments, warehouses, tilt-ups buildings, office buildings, high rise and midrise buildings, mixed use buildings, hospitals, clinics, shopping centers, restaurant chains industrial buildings and power generating plants. His expertise includes electrical design, and power plants construction, inspections, QA/QC and audits.

Relevant Project Experience:
• Riverside County Sheriff’s Department CCMU Northern Parking Lot and Fencing | Riverside, CA
• County of Los Angeles DPSS Gage Avenue Electrical Upgrade | Los Angeles, CA
• City of Irvine Public Safety Tenant Improvements | Irvine, CA • City of La Palma City Yard Building Improvements | La Palma, CA • Orange County Sheriff’s Department Central Men’s Jail Retrofit Lighting, | Santa Ana, CA
35+years of experience
EDUCATION:

BS, Electrical Engineering, in Holy
Angel University in the Philippines
PROFESSIONAL REGISTRATION:

Professional Electrical Engineer:

CA #E16367
713
26 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Robert (Bob) Kramer
Electrical Project Lead
Mr. Kramer has over 30 years of experience as a project engineer. As an experienced NABCEP solar electrical designer, he specializes in the field of solar photovoltaic, solar thermal, architectural lighting, and electrical, instrumentation, and power distribution engineering design with automation layout in AutoCAD. His expertise is reflected in solar photovoltaic, lighting and power distribution, electrical feasibility studies, building automation systems, fire alarm systems, and medium voltage (2.4kV-5kV12kV) utility infrastructure distribution upgrade projects.

Relevant Project Experience:
• City of Irvine Great Park Photovoltaic Infrastructure Development Irvine, CA
• City of Orange Water Division Warehouse Replacement & Relocation Orange, CA
• Los Angeles CCD, Los Angeles Trade Tech College, Electric Switchboard Replacement | Los Angeles, CA
• Sweetwater Union HSD, L Street Facilities Fleet EVSE Engineering Chula Vista, CA
• Palmdale Charter School, DSA Services / CA - Building A, B & C Palmdale, CA
30+years of experience
EDUCATION:

AA, Construction Architectural
Engineering Technology, Central New
Mexico College
Stuart McKnight
Senior Electrical Designer
Mr. McKnight has over 30 years of experience in the electrical industry.

Stuart has extensive experience in electrical system designs with special emphasis on educational buildings and tenant improvement electrical systems. He has designed photovoltaic systems, custom commercial and residential automation lighting systems as well as industrial conveyor systems. Additionally, Stuart has designed SCE and LA-DWP 5-kilovolt underground transformation structures for residential and commercial services.

Relevant Project Experience:
• South Orange County CCD, Santa Ana College Building S Security Doors Santa Ana, CA
• Rancho Santiago CCD, Santa Ana College Peer Review Access Control Santa Ana, CA
• Los Angeles CCD Pierce College Mobile Restroom | Woodland Hills, CA • City of Industry City Hall Electrical Service Upgrade and Solar Installation | City of Industry, CA
• California Polytechnic University, Pomona Lyle Center Upgrades Pomona, CA
30+years of experience
EDUCATION:

MS, Electrical Engineering,
University of Columbia, South
Carolina
714
27 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Faisal Dakhil
Lead Cost Estimator
Mr. Dakhil has over 30 years of pre-construction, construction management, and estimating experience in a broad spectrum of projects ranging in value from $1 million to more than $250 million. Faisal has a long track record of successful jobs coming in under budget and on time, resulting in substantial client savings.

Relevant Project Experience:
• Rincon del Diablo Municipal Water District Office Building Improvements Escondido, CA
• City of La Habra Corporate Yard Upgrades and Programming Assessment La Habra, CA
• South Orange County CCD, Saddleback College Single Occupancy All Gender Restroom | Mission Viejo, CA
• City of Perris Senior Center Multipurpose and Nutrition Room Improvements | Perris, CA
• City of Commerce Veterans Memorial Park Recreation Center Commerce, CA
• City of Irvine, Bill Barber Park Shade Structures | Irvine, CA 30+years of experience
EDUCATION:

MS, Civil Engineering, University of
Southern California;
BS, Civil Engineering, University of
Southern California
Sheldon Jackson
Cost Estimator
Mr. Jackson is a highly experienced Estimator and Project Manager for over 20 years, managing and estimating projects from project kickoff, Design, pre-construction, and close of construction. He has successfully designed and estimated projects in education, commercial, residential, and industrial markets throughout the western United States. Mr. Jackson has successfully managed multi-discipline projects, project scheduling, clients, stakeholders, and agency plan reviewers.

Relevant Project Experience:
• Los Angeles CCD, Mission College Child Development & Learning Centers Roof Replacement | Sylmar, CA
• Temple City, City Hall Roof Replacement | Temple City, CA • LA Pierce College Business Building 3200 Roof Assessment Woodland Hills, CA
• Providence Mission Hospital Laguna Beach Plant Roof Replacement Laguna Beach, CA
• East Los Angeles College Structural Evaluation K5 and P4 Monterey Park, CA
20+years of experience
EDUCATION:

BS, Mathematics, Columbia
University
REGISTRATION:

Certified Project Manager
715
28 CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Jill Van Sickle, PLA, ASLA
Associate Principal, Landscape Architecture
Ms. Van Sickle is a senior-level licensed landscape architect with experience in site design, park and master planning, project Management, and federal government projects. She specializes in the production of creative, sustainable designs using efficient problem-solving skills and design management techniques.

Relevant Project Experience:
• Cantarini Ranch Landscape Master Plan for West Communities | Carlsbad, CA*
• City of La Mirada - Splash Aquatic Center | La Mirada, CA* • City of San Marcos, Buelow Park| San Marcos, CA*
• City of San Marcos, Sunset Park| San Marcos, CA*
• City of Encinitas, Moonlight State Beach | Encinitas, CA* • FormLA Landscaping, Inc., Christopher Robin Preschool | Los Angeles, CA*
• FormLA Landscaping, Inc., E Rustic Road Residence | Santa Monica, CA*
* Prior to joining IDS
18+years of experience
EDUCATION:

Bachelor of Landscape Architecture,
cum laude, California State
Polytechnic University, Pomona
PROFESSIONAL REGISTRATION:

Professional Landscape Architect:

CA #5804
ASLA National and San Diego
Chapters
Kristen Gros, PLA, ASLA, LEED AP ND
Landscape Architecture, Community Outreach
Ms. Gros brings a multi-disciplinary and sustainability-focused understanding to landscape planning, design, and irrigation systems. Her strengths are design creativity, bid package development, public outreach, client coordination, and multi-disciplinary team management.

Relevant Project Experience:
• City of Oxnard, Durley Park Revitalization | Oxnard, CA • City of Azusa Dog Park | Azusa, CA
• Santa Monica 19th Street Community Garden | Santa Monica, CA • City of Lancaster, El Dorado Park Revitalization | Lancaster, CA • City of Lancaster, Mariposa Park Renovation | Lancaster, CA • City of La Habra, Vista Grande Dog Park | La Habra, CA • City of Downey, Rio San Gabriel Park, Green, Safe & Active Park Improvements | Downey, CA
15+years of experience
EDUCATION:

Master of Landscape Architecture,
California State Polytechnic
University, Pomona
PROFESSIONAL REGISTRATION:

Licensed Landscape Architect:

CA #6288
LEED Accredited Professional
Neighborhood Development
716
CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis 29 RFP 25-111
D. DISCLOSURE
IDS does not have any information to disclose regarding any and all 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.
717
CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis 30 RFP 25-111
E. EXPERIENCE AND

REFERENCES
Minimum Requirements: IDS meets all of the minimum requirements listed in the Prerequisites section of the RFP.

IDS has been in business more than five years. We maintain a profile on OpenGov. IDS attended the Pre-Proposal Meeting.

Professional California state licenses and registrations have been provided in the Company Personnel Section above. IDS is registered with the Department of Industrial Relations and our number 1000034536 which renews annually in June.

Financial Condition: IDS has been incorporated in California for more than 27 years. IDS averages $18M in design fees with project contracts ranging from $50,000 to $5M. IDS currently has a $2.5M line of credit with the Bank of America.

IDS does not have any activities or conditions that will impact or impede our ability to perform or complete services required on this on-call contract.

Relevant Project Experience: IDS has provided relevant project experience that is similar in the Banning Animal Shelter scope. The descriptions highlight structural and condition assessment to existing structures, concept design, site revitalizations and improvements, and coordination with multiple project stakeholders. References who can speak to the services we performed are included.
718
CITY OF BANNING 31 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Mt San Antonio College Sow-Barn and Sheep Pen
Brief Description
The IDS team provided engineering and storm water improvements to the existing Swine Unit and Sheep Sorting Pens located at Mt. San Antonio College. Due to the infeasibility of the barn and pens to infiltrate the required stormwater treatment volume on-site, an alternative compliance was proposed per Los Angeles County LID handbook. The IDS team recommended an on-site biofiltration of 1.5 times the volume of the stormwater treatment volume utilizing a Contech Modular Wetland System to “cleanse” the first flush. Hydromodification controls including underground stormwater detention to mitigate increases in flow to a nearby ditch.

Project Team: Victor Mercado | Structural; Adrian Anderson; Jason Wetterich | Civil; Darren Smith | Mechanical; Steven Collins; Manny Ocampo; Mike Reed | Electrical; Kristen Gros | Landscape; Faisal Dakhil | Cost Estimator
Services Reference Information
• Architectural planning and design
• Civil Engineering & Stormwater Compliance
• Structural Engineering
• Mechanical/Plumbing Engineering
• Electrical Engineering
• Construction Cost Estimating
• Landscape Architecture
• Construction Support
Agency: Mt. San Antonio College
Contact: John Gaston, Special Projects Director
Address: 1100 N. Grand Ave., Walnut CA 91789
Phone: 909.274.5130
Email: [email protected]
719
CITY OF BANNING 32 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
CAL POLY POMONA, Arabian Horse Center Restoration
Drainage & Water Quality Design
Brief Description
IDS completed a study of the existing drainage system of the 70-acre Arabian Horse Center (AHC) at Cal Poly Pomona. The study encompassed field surveys, data analysis, and feedback from AHC staff . Based on the findings, the IDS team recommended Low Impact Development Best Management Practices (LID BMP) to mitigate flooding and is currently designing a new drainage system. IDS Group Drainage System recommendations include:

System Upgrades and Expansion: IDS team recommended the replacement of outdated underground storm drain systems and redirecting the flow using catch basins to capture and manage stormwater runoff.

The construction of new channels to direct water flow towards the storm drain system enhances the overall network connectivity to manage stormwater efficiently, particularly during periods of heavy rainfall.

Storm Water Treatment: Two primary sources of on-site pollution were sediment from undeveloped areas and pollutants from roof runoff. To handle pollution concerns, the IDS team recommended implementing channels and catch basins of appropriate size with filter inserts.

Drainage System Maintenance: Regular maintenance and monitoring of the drainage system and LID BMP, along with an Operation and Maintenance schedule, ensure the system remains functional.

Project Team: Jaime Rosenbach; Victor Mercado | Structural; Adrian Anderson; Christian Chang; Jason Wetterich; Abbegail Roman Esperanza; Paul Murray | Civil Engineering; Harry Nguyen; Abbegail Esperanza | Land Surveying; John Silber; Shelley Sivak; Song Brandner | Architecture; Faisal Dakhil; Sheldon Jackson | Cost Estimating; Steven Collins | Electrical
Services Reference Information
• Architectural planning and design
• Structural Engineering
• Mechanical/Plumbing Engineering
• Electrical engineering
• Construction cost estimating
• Construction support
• Alternatives analysis
Contact Name: Ms. Laura Romero
Address: 3801 W. Temple Ave
Pomona, CA 91768
Phone: 909.869.4062
Email: [email protected]
720
CITY OF BANNING 33 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
City of Santa Monica Airport
Building Structural & Seismic Evaluation
Brief Description
Under our on-call contract with the City of Santa Monica, IDS conducted property condition/building systems & seismic assessments and historical significance reviews of 12 buildings on the Santa Monica Airport campus. These assessments are the first phase to address facility issues that have developed from deferred maintenance enabling the City to prioritize recommendations and move forward as funding becomes available. The scope included the following:
• Develop a comprehensive list of all building systems, and equipment in all 12 buildings identified on an as-built plan and electronic data base.
• Determine the present condition and estimated life expectancy of each piece of equipment including a list of MR&R priorities for the next ten years and create immediate, short-term, and long-term schedules.
• Assess all aspects of the building, including but not limited to; site/parking lots, code violations, ADA, Structural, life safety, building systems (MEP) deficiencies, maintenance projections, general maintenance, high level sustainability goals, and historical significance. • Develop cost estimates for all scopes of work, escalated out to mid-point of construction. • Identify structures that may have historic significance and provide a high-level historic structures report identifying the significance and historic merits. • Develop a protocol for on-going monitoring of building conditions, work performed, and records information /documentation in an appropriate data base.

Project Dates: 03/2024 - 09/2024
Project Team Members
Said Hilmy, PhD, PE, SE, LEED AP | Principal
John Silber, AIA | Principal Architect
Adrian Anderson, PE | Project Manager
Darren Smith | Mechanical Engineer
Jaime Rosenbach, PE, SE | Structural Engineer
Kristen Gros, PLA | Landscape Architect
Steve Collins, PE | Electrical Engineer
John Van Valkenburg | Structural Eng.

Sheldon Jackson | Cost Estimator
721
CITY OF BANNING 34 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Sweetwater UHSD, L Street Facilities Assessment &
Development | Chula Vista, CA
Description of Services
IDS assisted Sweetwater UHSD in evaluating several options to relocate the District’s Headquarters facilities to another location to consolidate the District’s administrative functions.

The buildings on Fifth Avenue are in a residential area and have limited expansion and utilization prospects. IDS Group developed a study to move the District headquarters facilities and the consolidation of the school’s administrative functions to the District-owned L Street facilities.

The L Street Facility is a 20-acre land parcel that can provide over 380,000 SF of building space.

To achieve the most benefit in response to a wide range of District requirements, the efficient reuse of existing buildings became an initial starting point to address critical needs.

IDS is providing the following services:

Study of Current Operation: The IDS team reviewed current and future space requirements with the District Facility Planning Department, engaged user groups and shareholders, to quantify the needs of future spaces, and gathered operation-level requests and requirements.

Site Investigation of the Existing Facility: The IDS team performed additional site investigations of the project properties to:
ͳ Gain familiarity with the current site and its existing conditions; ͳ Review the most current information provided by the District; ͳ Develop an overall preliminary master plan of the site/ buildings.

Development of the Conceptual Design: IDS is provided the design for the modified buildings and site to reflect the programming needs, site utilization, and construction requirements. During this project, IDS conducted several brainstorming sessions, include continuous refinements, and provided presentations to the District.

Development of Preliminary Base of Design: Once the programming and schematic design is defined, IDS will develop a preliminary base of design, including architecture/ landscaping, civil engineering, structural engineering, mechanical and plumbing engineering, electrical engineering, and security requirements. IDS will coordinate with the District’s Energy Consultant. This will be the basis of the design document, which will be needed for the project’s future design development phase and will assist in estimating the project’s construction cost.

Development of Cost Estimates and Schedule of Design and Construction Project Team Members Duration
John Silber | Architecture
Quentin Montrie | Architecture
Song Brandner | Architecture
Adrian Anderson | Civil
Jason Wetterich | Civil
Paul Murray | Civil
Victor Mercado | Structural
Bob Kramer | Electrical
Faisal Dakhil | Cost Estimator
2023- Ongoing
Role of Firm
Civil Engineering
Architectural Design
Structural Engineering
Landscape Design
Cost Estimating
Reference Information
Name: Janea Quirk
Title: Chief Facilities & Operations Officer
Phone: 619.585.6060
Email: [email protected]
722
CITY OF BANNING 35 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
City of Maywood Teen Center
Brief Description
The City of Maywood secured funding for revitalizing underused spaces into much-needed community accessible resources. IDS is renovating a former commercial building into a multi-purpose center. The completed space will provide the facility with over 8,000 sf to host educational, recreational, health and wellness, and technology-based programs benefiting youth, young adults, and their families in a historically underserved community.

A vacant industrial-style paint shop was transformed into a vibrant teen center, bringing new life to the building and the community through thoughtful revitalization. This adaptive reuse not only dedicates the space to the development and education of the younger generation but also allows the building itself to become a tool for learning. Through the simplicity of the design, we let the architecture speak for itself.

Efficiency is prioritized in various aspects of the project. A newly added skylight brings daylight and a view of the sky into the heart of the building, enhancing the atmosphere and supporting psychological wellbeing.

The circulation throughout the space is smooth and intuitive, guiding visitors naturally through the center.

Innovation is at the core of this teen center, with flexible multi-use spaces and integrated technology that adapt to the evolving needs and interests of the youth. The facility will include cooking classrooms, a makerspace, a computer lab, and study rooms providing teens with a diverse range of spaces to learn, create, and grow.

Services Reference Information
• Architectural planning and design
• Structural Engineering
• Mechanical/Plumbing Engineering
• Electrical engineering
• Construction cost estimating
• Landscape Architecture
• Construction support
• Zoning, planning & building approvals,
permits and other entitlements
• Tenant improvements
• Alternatives analysis
• HVAC
• ADA Compliance
City of Maywood
Jennifer Vasquez, City Manager
T: 323.562.5700
E: [email protected]
Contract Dates: June 27, 2024-Ongoing
723
CITY OF BANNING 36 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Yale Navigation Center, Adaptive Reuse & Conversion
Brief Description
The Yale Navigation Center project included completely gutting an aging and abandoned tilt up industrial building and the addition of 20,000 sq. ft. expanding the already 44,000 sq. ft. building. The 64,000 sq foot building will be utilized for the rehabilitation and transitional programs for up to 425 homeless in Orange County with the goal of preparing them to return to a self-sufficient lifestyle. The facility includes a full commercial kitchen, health care training facilities, and over 40 office spaces for the program administration staff. The expansion/ renovation cost was approximately $25 M.

Kitchen capacity allows full meal service for the 425 residents. Indoor and outdoor dining areas double as social gathering areas. As the Navigation Center is located in a long-establish industrial park due diligence requires that potable water service size and sewer main service size available in the street be checked against demand before the County could fully commit to target resident population.

The challenges of the accelerated schedule and the drive to achieve a good neighbor design that would be acceptable to the community were addressed through continuous interaction between all IDS Group disciplines, the contractor (who was brought in during the design phase) as well as the user group which included the County officials and facility operators. Frequent communication was a must to address all the design challenges as well as several public outreach workshops with the community and full cooperation from the (a) funding sources (b) facility future operator (c) contractor, and (d) jurisdictions including the County building officials, and City of Santa Ana.

These meetings in conjunction with the implementation of the lessons learned from the operation of other shelters in Southern California were very effective resulting with positive acclamations and feedback from the user groups and the community at large.

Services
• Architectural planning and design
• Structural Engineering
• Mechanical/Plumbing Engineering
• Electrical engineering
• Construction cost estimating
• Construction support
• Office
• Residential
• Mixed-Use
• Zoning, planning & building approvals, permits
and other entitlements
• Tenant Improvements
• Alternatives Analysis
• HVAC
• Street and area lighting systems
• ADA Compliance
County of Orange
Mr. Matthew Durbin, Sr. PM
T: 714.667.1626
E: [email protected]
724
CITY OF BANNING 37 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Los Angeles Unified School District,
Diane Edith Watson Career Training Center
Brief Description
IDS Group provided architectural and engineering services for the seismic retrofit and the conversion of an existing automotive repair facility into an adult education automotive repair training facility.

The building is a one-story tilt-up concrete structure built in 1949 with a total area of approximately 15,600 SF, including a shop, classroom, and office areas. The roof is supported by steel trusses spanning in the transverse direction. Two small mezzanines are located at the shop and the showroom area, respectively. Both were built from wood construction.

Our services included a seismic retrofit, as well as the removal and rebuilding 5,850 SF of classrooms and office space. Each classroom space required a large data distribution to support the computer labs located there. The project also included redesigning the existing electrical services to support new HVAC and equipment loads.

Record drawings for the project were not available. Therefore, we performed the site assessment and required field measurements to prepare record drawings to be used as the base documents for our design drawings. Our building assessment included an extensive testing program to confirm the actual properties of the building materials and confirm our understanding of the building’s structural system components. The project scope included a complete renovation of architectural, mechanical, plumbing, and electrical systems in conjunction with the seismic retrofit; thus, extensive assessment and programming were performed for these systems. Our services included preparing construction documents and providing construction administration services.

Role of Firm
• Architectural Planning and Design
• Zoning, planning & building approvals, permits, and other entitlements • Preparation and presentation of models, renderings, and photo simulations • Structural, mechanical, & electrical engineering
• Tenant improvements
• Construction cost estimating
• Construction support
725
CITY OF BANNING 38 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111
Riverside County Sheriff’s Department,
Civil Engineering Improvements
Brief Description
Palm Desert Sheriff’s Station Erosion Control and Maintenance IDS’ civil engineering team is currently working on the plans and specifications that will become the Basis of Design (BOD) to provide erosion control for the Palm Desert Sheriff’s Station. A water quality management plan (WQMP) to assess the area and identify ero- sion is also part of the scope of work. This on-call task order assignment is for the new expansion project at the sheriff’s station that will accommodate essential operational needs.

Contract Value: $39,956 Project Dates: 3/2024
Coroner Bureau Parking Lot Improvements for West Facility IDS provided civil engineering design services for the on-call task order contract with the Riverside County Sheriff’s Department to redesign and grade the existing parking lot at the coroner facility in Perris, California. The 60,000 SF area is not paved and access to the parking lot is challenging, especially after a rain flooding event. The IDS team is working with the agency to make needed improvements including paving, proper grading, drain- age, BMPs, and striping for the parking lot.

Contract Value: $99,654 Project Dates: 8/2021 - 3/2024
Role of Firm Reference Information • Civil Engineering • Land Surveying • Geotechnical Study • Civil Improvement Plan • Water Quality Management Plan
• Storm Water Management Plan • Electrical Improvements • Construction Phase Services Riverside County Sheriff’s Department
4095 Lemon Street, Riverside, CA 92501
Remon Tadrous,
Director Project Management Office E: [email protected] P: 951.955.5951 726
1 Peters Canyon Road, Suite 130, Irvine, CA 92606
T: 949.387.8500 F: 949.387.0800 www.idsgi.com
727
CITY OF BANNING Animal Shelter Facility Assessment and Feasibility Analysis 39 RFP 25-111

PRICE PROPOSAL
Design Disciplines Architecture Landscape
Arch Structural Electrical Mechanical/
Plumbing Civil Precon Support
Services Total
Task 1: Facility Condition Assessment $8,790.00 $675.00 $6,724.00 $6,952.00 $8,608.00 $4,284.00 $3,520.00 $0.00 $39,553.00 Task 2: Feasibility Analysis $7,760.00 $2,710.00 $2,764.00 $2,976.00 $3,208.00 $4,204.00 $7,040.00 $0.00 $30,662.00 Task 3: Site Planning & Conceptual Design $7,280.00 $4,240.00 $1,908.00 $2,280.00 $2,744.00 $12,540.00 $7,040.00 $0.00 $38,032.00 Task 4: Final Report & Recommendations $14,300.00 $7,372.00 $1,784.00 $1,744.00 $2,528.00 $7,104.00 $1,408.00 $0.00 $36,240.00 Reimbursables $0.00
TOTAL PROPOSAL FEE $38,130.00 $14,997.00 $13,180.00 $13,952.00 $17,088.00 $28,132.00 $19,008.00 $0.00 $144,487.00 Summary of Fees
Banning Animal Shelter Facility Assessment & Feasibility Analysis 728
CITY OF BANNING 40 Animal Shelter Facility Assessment and Feasibility Analysis RFP 25-111

PRICE PROPOSAL
729
-1-
AGREEMENT FOR PROFESSIONAL SERVICES (C01228) FOR

ANIMAL SHELTER FACILITY ASSESSMENT AND FEASIBILITY

ANALYSIS BY AND BETWEEN CITY OF BANNING AND IDS GROUP,
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 IDS Group, Inc., a California 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 a Request for a Proposal RFP 25-111 for the performance of the services for Animal Shelter Facility Assessment and Feasibility Analysis 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 its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the generally accepted professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended.
730
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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, 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. 731
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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.

1.11 Corrections.
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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
Rami Elhassan, PhD, PE, SE V. President
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.

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 733
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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, 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 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.

1.15 Debarment or Suspension.

Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor 734
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that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify 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 Forty-Four Thousand Four Hundred Eightly-Seven Dollars and Zero cents ($144,487.00) (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 735
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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 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 736
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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 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, 2026 unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

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

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

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer licensed to write insurance in the State of California with a rating of A-:VII or better in the latest 737
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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, 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, 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 and 10 days for cancellation for non-payment of premium. If any insurance policy required under this Article is canceled or reduced in coverage, 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. 738
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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.

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) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, 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, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including reasonable fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), at law or in 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 acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, , except for Liabilities arising from the negligence or willful misconduct of the Indemnitees Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ reasonable approval, and shall pay all costs and expenses, including all reasonable attorneys’ fees and experts’ costs actually incurred in connection with such defense, however, only to the extent caused by, and on a percentage basis of fault as ultimately determined by a court of 739
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competent jurisdiction. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 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 indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which to the extent arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants 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 arising from the negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

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 740
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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 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.
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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.

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 742
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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 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. 743
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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 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 744
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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.

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, 745
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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: Holly Stuart
Public Works Program Manager
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: John Pinkney, City Attorney
Slovak Baron Empey Murphy & Pinkney LLP
74774 CA-111
Indian Wells, CA 92210
Email: [email protected]
If to Consultant: Attn: Rami Elhassan, PhD, PE, SE,
Vice President
IDS Group Inc.

I Peters Canyon Road, Ste I30
Irvine, CA 92606
Email: [email protected]
746
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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.

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. 747
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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.
“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 748
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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]
749
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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
Art Vela, Date
Intermin City Manager
NAME: Date
TITLE:

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Date
Acting Administrative City Clerk
Address:

APPROVED AS TO FORM:

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

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
750
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Animal Shelter Facility Assessment and Feasibility Analysis prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
751
Exhibit “A”
-2
752
Exhibit “A”
-3
753
Exhibit “A”
-4
754
Exhibit “A”-5
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. 755
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.
756
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___________________________ 757
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.
758
Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as 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. 759
Exhibit “C-1”-1
11303-0008\2344655v8.doc
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
760
Exhibit “C
-1”-2
11303-0008\2344655v8.doc
761
Exhibit “C
-1”-3
11303-0008\2344655v8.doc
762
Exhibit “D”- 1
11303-0008\2344655v8.doc
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.
763
Exhibit “D-1”- 1
11303-0008\2344655v8.doc
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
764

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Bonnie Johnson, Interim Administrative Services Director Michelle Green, Interim Administrative Services Director MEETING DATE: December 9, 2025
SUBJECT: Consideration of Resolution 2025-174, A Resolution of the City Council of the City of Banning Making Findings for Unexpended Development Fees in Accordance with Government Code Section 66000 and Reviewing and Accepting Annual Development Fee Disclosure Information.

RECOMMENDATION:

Adopt Resolution 2025-174.

BACKGROUND:

To promote transparency and ensure that development-related mitigation fees are used appropriately and within required timeframes, the State Legislature enacted AB 1600, known as the Mitigation Fee Act ("Act"). The Act applies to development impact fees imposed or increased on or after January 1, 1989, and is codified in Government Code Section 66000 et seq.

Under the Mitigation Fee Act, local agencies must prepare an annual consolidated report detailing the receipt and use of Development Impact Fees. The report fulfills the annual reporting requirements for Fiscal Year 2024–2025 and the Act’s five-year reporting requirements.

For the prior fiscal year, Government Code Section 66006(b)(1) requires disclosure of the following information:

1. A description of each fee program.

2. The fee amounts.

3. Beginning and ending fund balances.

4. Total revenues, including interest earnings.

5. A list of public improvements funded with the fees, the expenditures for each improvement, and the percentage of each project funded by fees.

6. The anticipated start date for any incomplete public improvements for which sufficient funds have been collected.

7. A description of any interfund transfers or loans, including the purpose, repayment terms, and interest rate, if applicable.

8. Any refunds or allocations made pursuant to Government Code Sections 66001(e) and 66001(f).

Additionally, Government Code Section 66001(d)(1) requires that for the fifth fiscal year following the first deposit into a fee account—and every five years thereafter—the City make specific findings for any unexpended funds, whether committed or uncommitted. These findings must include:
765

1. The purpose for which the fees will be used.

2. Demonstration of a reasonable relationship between the fee and its intended purpose.

3. Identification of all anticipated funding sources and amounts needed to complete any incomplete improvements.

4. The approximate dates when the additional funding is expected to be deposited.

JUSTIFICATION:

Government Code Section 66006 requires cities that impose development impact fees to prepare an annual accounting of those fees, including detailed information on revenues, expenditures, and fund balances. The statute also requires agencies to provide specific findings supporting the continued retention of any fees that have remained unexpended or uncommitted for more than five years.

In addition, Government Code Section 66001 mandates that agencies make the findings outlined in Section 66001(d)(1) every five years for each impact fee fund. These findings—addressing the purpose of the fee, the reasonable relationship between the fee and the improvement, the sources and amounts of funding needed to complete the improvements, and anticipated funding timelines—must be included as part of the annual reporting process.

Council approval of the attached reports and findings is necessary to comply with these statutory requirements.

FISCAL IMPACT:

Not applicable.

ALTERNATIVES:

Do not approve, which may result in noncompliance with the Government Codes abovementioned.

BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2025-174.docx

2. Exhibit A to Resolution 2025-174d: Banning AB1600 Reporting.docx 766
Resolution 2025-174