RESOLUTION 2026-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA APPROVING AMENDMENT # 1 TO A PROFESSIONAL SERVICE AGREEMENT FOR THE BANNING ARMORY RESILIENCE CENTERS PROJECT C01207 WITH RICHARD
YEN AND ASSOCIATED ARCHITECTS & PLANNERS
WHEREAS, on August 22, 2023, the banning City Council authorized the submission of a grant application to the California Strategic Growth Council for funding under the Community Resilience Centers Program; and
WHEREAS, the California Strategic Growth Council awarded the City a grant in the amount of $1,070,620 with a grant contract execution date of, April 21, 2025: and WHEREAS, City Council adopted Resolution 2025-143 at the regular meeting of the banning City Council on October 14, 2025 awarded a professional services contract, Cto Richard Yen and Associates Architects & Planners for a three year term; and WHEREAS, Richard Yen and Associates architects and planners requested an amendment to the contract language of Section 1.1 of the agreement C01207; and WHEREAS, the City of Banning is amenable to the requested changes to Section 1.1 as stated in Amendment # 1 to the agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Amendment # 1 to the Professional Services Agreement, C01207, with Richard Yen and Associated Architects and Planners to modify the language in Section 1.1 of the agreement.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Amendment.
SECTION 3. The City Council authorizes the City Manager to execute Amendment # 1 to the Professional Services Agreement C01207.
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 24th day of March 2026 Richard Royce, Mayor
City of Banning
ATTEST:
860
Resolution 2026-53
Sandra Calderon, Deputy City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
861
Resolution 2026-53
CERTIFICATION:
I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-53 was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of March 2026 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Deputy City Clerk
City of Banning, California
862
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT
(C01207) FOR BANNING ARMORY COMMUNITY RESILIENCE
CENTERS PROJECT BY AND BETWEEN CITY OF BANNING AND
RICHARD YEN & ASSOCIATES ARCHITECTS & PLANNERS, INC.
THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and Richard Yen & Associates Architects & Planners, Inc., an Arizona Corporation (“Consultant”) is effective as of this day: ______________.
RECITALS
A. City and Consultant entered into that certain Contract dated October 14, 2025 for the purpose of providing Armory Community Resilience Centers Project Services (“Agreement”) following Request for Proposal 25-102 Banning Armory Community Resilience Centers Project, as approved by City Council Resolution 2025-143.
ARTICLE 1. SERVICES OF CONSULTANT, Section 1.1 Scope of Services of the Agreement is hereby deleted in its entirety and replaced with the following.
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 applicable professional standards in performing the services required hereunder and that all materials will be of good quality and fit for the purpose intended. For the purposes of this Agreement, the phrase “professional standards” shall mean those standards of practice recognized by one or more similar firms performing similar work under similar circumstances.
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Scope of Services, as set forth in Section 1.1 of the Agreement is hereby amended.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term 863
“Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 1. In the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement or Amendments No. 1 through 1, the provisions of this Amendment No. 1 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 1.
2.3 Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No.1 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
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The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.
CITY OF BANNING CONSULTANT
Elizabeth Gibbs,
City Manager
NAME:
TITLE:
City Council Approval: _______________ NAME:
TITLE:
ATTEST:
Sandra Calderon
Deputy City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
865
RESOLUTION 2025- 143
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE BANNING ARMORY
RESILIENCE CENTERS PROJECT TO RICHARD YEN & ASSOCIATES ARCHITECTS & PLANNERS, INC. IN THE AMOUNT OF $ 759, 850
WHEREAS, on August 22, 2023, City Council authorized the submission of a grant application to the California Strategic Growth Council for funding under the Community Resilience Centers Program; and
WHEREAS, the City submitted application requested funds to support project development activities, including community outreach, facility assessments, and design work necessary to retrofit the former California National Guard Armory building located at 2041 W.
Nicolet Street in an effort to convert the facility into a dual- purpose Community Resilience Center and Emergency Operations Center; and
WHEREAS, California Strategic Growth Council awarded the City a grant in the amount of $1,070, 620 which is effective two years from its grant execution, April 21, 2025; and WHEREAS, City staff developed and issued a Request for Proposals ( RFP) soliciting qualified firms to provide services in alignment with the grant program guidelines, the City' s application and the executed grant agreement; and
WHEREAS, the RFP was advertised in the local newspaper on and officially released through ProcureNow on July 7, 2025 and in response, the City received 6 proposals as summarized below:
Consultant
1) Richard Yen & Associates Architects & Planners, Inc. 2) ELS Architecture and Urban Design
3) SVA Architects, Inc.
4) IDS Group, Inc.
5) Dunbar Architecture
6) Lionakis
Score
83.67 78.00
76. 33
73.67 67. 67
61. 33
WHEREAS, the Professional Services Agreement in the amount of $ 759, 850 will be funded through the Community Resilience Centers Program grant award and an appropriation to Account 704- 3200- 412. 33- 11 ( Professional Services) in the amount of $ 759, 850 is required with the understanding that grant reimbursements will be requested periodically throughout the duration of the project.
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 Richard Yen Associates Architects & Planners for the Banning Armory Resilience Centers project for a 3- year term in an amount of $ 759, 850 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 $759, 85 over five ( 5) years.
Resolution 2025- 143
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 Richard Yen & Associates Architects & Planners, 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 14th day of October, 2025.
ATTEST:
Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:
ney
r & Pinkney,
Resolution 2025- 143
City of Banning
867
CERTIFICATION:
I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025- 143, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of October, 2025 by the following vote, to wit:
AYES: Barrington, Flynn, Miller, Royce, Wallace
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2025- 143
Sandra Calderon, Acting Administrative City
Clerk,
City of Banning, California
868
Resolution 2025- 143
EXHIBIT A
Agreement Document Title
Attach Agreement Document)
869
AGREEMENT FOR PROFESSIONAL SERVICES ( C01027) FOR
BANNING ARMORY COMMUNITY RESILIENCE CENTERS PROJECT
BY AND BETWEEN CITY OF BANNING AND RICHARD YEN &
ASSOCIATES ARCHITECTS & PLANNERS, 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 Richard Yen & Associates Architects & Planners, Inc., an Arizona Corporation (" Consultant"). City and Consultant are sometimes hereinafter individually referred to as " Party" and hereinafter collectively refen- ed to as the " Parties."
RECITALS
A. City has sought by a Request for a Proposal ( RFP 25- 102) for the performance of the services for the Arm01y Community Resilience Centers Project and as further defined and described particularly in Article I 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 forperfom1ance of those services defined and described particularly in Article l of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
D. Pursuant to the City ofBanning' 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 Paities agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all tenns 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 necessaiy to properly perfonn 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 1-
870
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 perfo1ming 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, Band 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 jmisdiction 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, pennits, 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 wan- ants 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). 2-
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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.
For work to be paid for by funds other than the SGC CRC grant, the 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 ofup 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. All changes in scope of work, an extension of time, and/ or an increase in cost require an amendment to this Agreement. 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. 3-
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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 Band 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 co1Tection( 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 c01Tection( 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:
Title
Jianshan Liang Principal
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 inf01med of the progress of the perfmmance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 4-
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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 perfonn 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 superv1S1on. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel perfonning 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 5-
874
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 perfonn 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 Seven Hundred Fifty- Nine Thousand Eight Hundred Fifty Dollars ($ 759. 850. 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 ( unit price) 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.
6-
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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 an executed amendment as set fo11h in Section 1.8 and pursuant to the time limit in Section 3.4 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 perfonned 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.
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3.3 Force Majeure.
The time period( s) specified in the Schedule of Perfonnance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/ or acts of any governmental agency, including City, if Consultant shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer' s determination ( or the City Council' s determination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the perfonnance 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 April 30, 2027 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 oflnsurance.
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 mm1mum limit of 1,000, 000. 00 per occurrence for bodily injury, personal injury and prope1iy 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 perfonnance of Services under this Agreement, 8-
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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 and will obtain Worker' s Compensation Insurance prior to hiring any employees should the need arise during the term of and related to this Agreement.
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.
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Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the te1m 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 ce11ified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant' s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant' s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
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 insurnnce 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 cmTent endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the tenn 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.
I) 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, 10-
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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 from the sole negligence or willful misconduct of the lndemnitees 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 A11icle, 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.
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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 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 four ( 4) 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, but not less than quarterly, and as requested by the City, 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") 12-
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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 tennination 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 sueµ 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.
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 infonnation 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 suppmi, 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 perfotmed 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. 13-
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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 right to terminate pursuant to Section 6.7, if the City Manager detennines that Consultant is in default in the perfonnance 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 14-
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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 tenn, 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.
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 perfonnance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contra1y 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 15-
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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 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 perfonnance 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 waiTants that it has not paid or given, and will not pay or give any money or other consideration whatsoever for obtaining this Agreement.
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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, pe1form 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, 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, repo1i 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:
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Ifto City
With a courtesy copy to:
If to Consultant:
8.2 Interpretation.
Attn: Holly Stuart
Public Works Program Manager
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: hstuart@banningca. gov
John Pinkney, City Attorney
Slovak Baron Empey Murphy & Pinkney LLP
74774 CA- 111
Indian Wells, CA 92210
Email: pinkney@sbemp. com
Attn: Jianshan Liang, Principal
Richard Yen & Associates Architects & Planners, Inc
731 S. Highway 101, Suite IM
Solana Beach, CA 92075
Email: JLiang@ry- aoarchitects. com
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.
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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 cany 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 info1mation 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.
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 perfonned 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. 19-
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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 this Agreement on behalf of that Party, ( iii) by so executing this Agreement, such Party is fonnally 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 Patiy 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
Art Vela, Date
Interim City Manager
ATTEST:
Sandra Calderon Date
Acting Administrative City Clerk
APPROVED AS TO FORM:
Slovak Baron Empey Murphy & Pinkney
LLP
John O. Pinkney
City Attorney
Date
CONSULTANT
NAME: Date
TITLE:
NAME: Date
TITLE:
Tax ID No.
Address:
City Council Approval: _____ _
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"
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Design Services prepared in connection therewith:
II. As part ofthe Services, Consultant will prepare and deliver the following tangible work products and services to City:
Exhibit "A"-1
891
Banning Armory Community Resilience Center
Statement of Understanding and Approach
Firm Experience & Expertise
RY +AO Architects brings proven expertise in critical facility planning and community design.
We recently completed Southern California Edison's Irwindale EOC, Security Operations Center, AG&R Grid Control Center, and a Regional Telecom Hub Needs Assessment and Design. In partnership with Holmes, our structural engineering collaborator, we have assessed and retrofitted over 100 mission- critical facilities for seismic resilience.
Beyond critical infrastructure, we have extensive experience designing civic and community spaces, including Escondido City Hall (with an integrated community center), the 4S Ranch Boys & Girls Club, Confluence Park Community Center, and Solis Park at FivePoint Valencia.
These projects demonstrate our ability to create facilities that are resilient, functional, and deeply rooted in community identity.
Project Understanding
The City of Banning, with the support of the Community Resilience Center (CRC) Grant Agreement, is transforming its historic 1950s Armory into a dual-purpose Community Resilience Center {CRC) and Emergency Operations Center (EOC). This facility must serve two equally important roles: a welcoming civic destination for daily programs and services, and a resilient, mission-critical hub capable of safeguarding the community during emergencies.
The reimagined Armory will:
Provide evacuation and climate-resilient shelter with capacity for community safety during extreme heat, wildfire smoke, and other climate-driven events.
Operate as a fully capable EOC, with secure command, communications, and resilient infrastructure to support emergency response and continuity of operations.
Deliver year-round community programming, including recreation, youth services, and food distribution that strengthen social resilience.
Include campus amenities such as shaded outdoor gathering spaces, drought-tolerant landscapes, renewable energy systems, and flexible infrastructure adaptable for both community events and emergency staging.
Meeting this vision requires integrating community engagement, technical rigor, and fiscal responsibility while complying with CRC Grant requirements. RY +AO has a proven record of balancing these priorities in both mission-critical facilities and civic projects, giving us a strong foundation to guide Banning through this transformation.
EXHIBIT " A" - 2
892
Our Approach
1. Inclusive Community Engagement
Community participation is central to the success of the Armory transformation. Our process begins with building trust and ensuring that all voices in Banning's diverse community are heard and reflected in the design.
To achieve this, RY+AO has partnered with PLAYCE Studio, a leader in participatory design and public engagement. Their respected PLAVCE methodology integrates traditional engagement techniques with team-building and creative visioning exercises. By using play, storytelling, and hands-on activities, stakeholders become collaborators and champions of the project from the start.
Together, we will deliver a Community Engagement Plan (CEP) that ensures transparency, inclusivity, and accessibility.
Key strategies include:
Bilingual, ADA-compliant engagement through workshops, forums, surveys, and digital platforms.
Pop-up community conversations at existing community venues and events to "meet people where they are."
Interactive site tours to generate real-time dialogue about opportunities and challenges on the ground.
Visioning workshops using PLAYCE's creative tools, such as "blue sky" exercises, collaging, and magazine cover games, to unlock innovative ideas for the Armory's future.
Try It On" design simulations that let participants experiment with full-scale props or temporary installations, building consensus through hands-on exploration.
Community Meetings I & II, structured to move from big-picture visioning to clear, achievable design strategies, while demonstrating how public input directly shapes outcomes.
This two-month engagement process will culminate in a Final Engagement Report documenting outreach activities, feedback, and design impacts. Beyond informing design, the process will build long-term community pride, ownership, and readiness.
As an added benefit, PLAYCE Studio will invite a City staff member to participate in their PLAYCE Engagement Academy, equipping the City with an in-house facilitator skilled in inclusive outreach. This ensures that the project leaves not only a resilient facility but also a legacy of collaboration and capacity-building for Banning's future.
EXHIBIT " A" - 3
893
Relevant Experience: RY+AO has successfully led inclusive engagement on civic projects such as the Solis Park Community Center and the 45 Ranch Boys & Girls Club, where broad participation shaped facilities that reflect community identity. Similarly, PLAYCE Studio has delivered award-winning public engagement programs across the country, demonstrating their ability to turn diverse input into actionable, inspiring design outcomes.
2. Comprehensive Needs & Facility Assessment
We will combine stakeholder interviews, surveys, and workshops with a technical facility assessment. This includes evaluating structural integrity, seismic resilience, hazardous materials, ADA compliance, fire/life safety, and MEP systems. We will also conduct an Emergency Preparedness Assessment to confirm the facility can effectively support command operations and sheltering during crises.
This effort is guided by our disciplined design methodology:
1. Define objectives and budget - We begin by understanding operational priorities and financia Irequirements.
2. Translate into a program - These are transformed into spatial requirements that become the roadmap for design.
3. Align budget with vision - Only once the program is established do we integrate costs with client objectives, ensuring solutions are both practical and aspirational.
Relevant Experience: Our team recently completed Southern California Edison's Regional Telecom Hub Needs Assessment and AG&R Grid Control Center, both of which required detailed spatial, technical, and operational analyses to align program needs with facility capabilities.
Below example of the SCE's Edison Security Operation Center (ESOC) Need Assessment and Space Planning at Westminster Combined Facility.
EXHIBIT "A" - 4
894
Example of Space Planning 3D View:
Example of a programming assessment Data Sheet: Control Center of ESOC Program summary
re
I i !
Space CURRENT I GROWTHI TOTAL Seat! SF/Unit SF/Room! Qty Area ( S:) Tota' (SF) Comment ESOC
ES0C Operating Group I
SOC CONTROL CENTCR ll 9 20 20, l2S 2500!
11 2500 l.119) sit/ stand consoles
I
2. 11) 6Jd! cubicle for speciaf;; t
3 12) radio wheeler console;
i
2 Medio Wdll: 40' moi11 ) tu:fm I multiple
I ~ mi! IIC' r :, i::rccw .. un lhc :!.id1..~
3. tot.:il TVcounts 0) 1 rrOOia wall: 20 on mal11
t~····
rcen; l on ead1 ':) de w.1I1
P~>I/ATE OFFICE 1 4 5 150 5 750 v·isibiliv1 t~ the control • oom ·-·· ITORAGE 50 1 50
CON;,FR•NCF ROOM ! 1 fiOO Pu• lt•rfl' ll Ph' t. tri1 pti\' rH. y t1J~ 1;,-. Wrdl di Ol' l' •,i1w; ' 3Ww2Q1 st,1nd,1rd
COLLA.SOAAl !O>. 12!
l
350 v.rh,tec bd., rriap tJb!e~ t.J'I accommod.Jtc 12 ,~., c~ I
5tilrid,rcs ~eople c.:1n hi? ~ hared ll'J1th conf'Erence I room, op.;an por.kPti., Ptr::., i
miAL·- 12 13 25 4,250
Example of an equipment list: Control Center of ESOC
EXHIBIT " A" - 5
895
EQUIPMENT LIST {FF&E)
sETNAME
Med a ' Nall 1 ~ Ma: r
1vJ:11i--~·~~ __ ..
Med .: 1 w.111 :: 1 ' Side
ofisolt:'
SIZE
S5"
Qr/ MArlFUFACTURER ! IMAGE
20 led
r..r.n-::i!P
2 Winsted
3. Integrated CRC + EOC Design
iLOCATIOH
cur. tro! Cen:\; r
COMMEtlT
As~ ume monitors will lM,; cornti1r1L° O ir1 srou;: r:, cf (A] per ltist, 111d < oriso1t"! i, ,st,1tl, 1blc cubbys, ~ nor, itors, preri:- r i7f" ir. l1 r,r,rr ~h.i.n } 4"
for mobl e ·aclos, al~ms side with consol-e workstatlor· For the new City of Banning EOC, a core objective is enabling the Armory to function as a fully capable Emergency Operations Center while serving daily community needs.
Key design approaches:
a. Dual-Use Design
Retrofit the existing Armory to Risk Category IV standards wherever feasible, allowing it to safely function as an Emergency Operations Center during disasters while serving daily community programming in normal conditions.
Design spaces with flexible partitions, durable finishes, and resilient building systems so rooms can shift from classes, meetings, or youth programs to EOC operations during an emergency.
b. Secure and Functional Zones
Develop a zoned floor plan that separates secure, mission- critical EOC areas ( command room, communications hub, server room) from public-facing CRC spaces ( multipurpose rooms, classrooms, kitchen).
Incorporate redundant building systems (HVAC, power, IT backbone) designed by AlfaTech to support continuous EOC operations while ensuring comfort for daily community use.
c. Resilience-Ready Infrastructure
A resilient structure is the backbone of a Community Resilience Center. If afacility cannot withstand natural hazards, it cannot fulfill its most vital role-protecting the community during emergencies.
EXHIBIT " A" - 6
896
In partnership with Holmes, our team will implement seismic retrofits, diaphragm strengthening, and structural upgrades to ensure life safety and continuity of operations. We will also provide a generator site with fuel storage, hardened utility connections, and redundant communications systems ( satellite and backup) to maintain EOC readiness.
Our process begins with a review of existing documentation and on-site assessments to confirm the Armory' s current condition. Where needed, we will expand evaluation using FEMA P-58 benchmarks-the national standard for seismic resilience-to guide costeffective retrofit strategies that strengthen integrity and long-term operability. Beyond seismic performance, Holmes will also evaluate risks such as wind, fire, and climatedriven events, integrating both structural and non-structural measures into a comprehensive hazard mitigation strategy.
To support decision-making, we will present the City with retrofit and EOC placement options ranging from moderate upgrades within the Armory to a new dedicated EOC facility. We will guide the City in weighing resilience, cost, and operational disruption to identify the solution that delivers the greatest long-term value.
Potential EOC Strategies:
Scheme Existing Retrofit to Retrofit scheme EOC Cost
condition of Seismic Placement
Amory Design Risk
building Category
1 Decent IV Strengthen Roof Inside Lowest
diaphragm, infill Armory Bldg
openings, less
intrusive to existing
spaces
2 Poor IV Strengthen Roof Inside Medium -
diaphragm, infill Armory Bldg High
openings,
buttresses - more
intrusive to existing
spaces
3 Poor II Strengthen Roof New bldg. High
diaphragm, infill
openings, less
intrusive to existing
spaces
EXHIBIT " A" - 7
897
And potential structural retrofit schemes:
lU.. O"' f:NIWi. ABO' l,'E:
PAAT! J,t. HfKiHT Pfl' W' ETFR
WAU., tfP
CONCEPT 1 • IF INVEST/GATION RESULTS IN DECENT
EXISTING CONDITIONS
iTnU. KITl- lO'lt!\IJ' liAA0. 1,,1:
CC: U~ C: TJ0'- 1.$ 10 l'U1NE: H:; H
WillC fY? .\ FCil! UDl:! UI.. O! tro.
CONCEPT 2 - IF INVESTIGATION RESULTS IN POOR
EXISnNG CONDITIONS
fflEtlGlliE,,1•.oi:reo
CCMlf, t.'11/;' M,'I. N fXISTIHO
fRAJJFr, 45 flHm
EXHIBIT " A" - 8
l'Ra'," IO!' N£ Wf' l¥\ WXX,
C',' tA TOP OF ( Xl! illtlO
SH' iAHtrltl
898
4. Community Life & Outdoor Civic Identity
Equally important as the building itself is transforming the Armory site into a welcoming civic destination. Building on its current uses, such as classes, food distribution, and recreational programs, we will create an outdoor environment that extends community life while reinforcing resilience and identity. The site will function as a daily amenity for residents, a venue for cultural and recreational programming, and a resource adaptable to emergency staging when needed.
1. Arrival & Identity
o A welcoming public plaza with shaded portals and civic-scale signage. o Cultural storytelling elements such as murals, public art, and interpretive displays that celebrate Banning's heritage and resilience values.
2. Family & Youth Spaces
o Outdoor classrooms, play structures, and flexible gathering areas. o Safe open sightlines and circulation paths that balance activity, visibility, and security.
o Game tables and casual seating to encourage intergenerational use and community interaction.
3. Flexible Infrastructure for Daily & Civic Life
o Shaded, durable spaces adaptable for daily activities such as markets, fitness programs, or food distribution.
o Infrastructure designed to host food truck events, outdoor movie nights, holiday celebrations, arts and crafts fairs, performances, and other community gatherings.
o Multipurpose outdoor spaces that can convert to emergency functions such as staging, supply distribution, or triage during a disaster.
EXHIBIT " A" - 9
899
4. Resilient Systems
o Solar canopies providing both renewable power and shaded gathering areas. o Drought-tolerant landscapes and stormwater management features that serve as living teaching tools while reducing long-term maintenance costs.
5. Cohesive Civic Identity
o Unified materials, colors, and graphics that tie the building and site together. o A design language that communicates confidence and readiness in emergencies while remaining warm, inviting, and approachable in daily life.
EXHIBIT " A" - 10
900
Project Schedule
We anticipate a 12-14 month effort from initiation to construction documents:
Phase 1 (Months 1-3): Project kickoff, community engagement, site investigations.
Phase 2 & 3 (Months 3-5): Facility & Needs Assessment, Basis of Design.
Phase 4 (Months 5-7): Schematic design options and recommendations.
Phase 5 (Months 7-12): Desing development and construction document.
Phase 6 (Months 12-14): Agency Review and Permitting.
Project Schedule:
Phase 6: Agency Review and Permitting
Phase 5; Design development and constructlon document
Phase 4: Sche: matic design options and recommendations Phase 2 & 3: facility & Needs Assessrnent, BastS of Oes! gn Phase 1: Project kickoff, community engagement, site investigations 4 5 6 7 8
Months
9 10 11 12 13
Plan to Address Fluctuations in Service Needs and Price Adjustments 14 We recognize that the scope of services for the Community Resilience Center may evolve as the project progresses, particularly given the dual-use nature of the facility and the reliance on grant funding. Our approach is to remain flexible while maintaining transparency and fiscal accountability.
1. Scalable Staffing and Resources
Our project team is structured with both core staff and specialized consultants who can be scaled up or down depending on the City's needs. For example, if additional community engagement sessions are requested, we can expand Place Studio's hours accordingly. Similarly, iffewer sessions are required, resources will be reduced to match.
EXHIBIT " A" - 11
901
2. Defined Unit Rates for Adjustments
To manage costs fairly, we provide a schedule of hourly rates for each discipline. Any fluctuation in service needs, whether an increase or reduction, will be adjusted based on these unit rates.
This ensures the City pays only for the services actually performed while maintaining a predictable cost framework.
3. Transparent Change Authorization
Any adjustments to the scope of services will be documented through a written request and approved by the City before work proceeds. We will provide a clear breakdown of added or reduced hours, along with associated cost impacts, so that decisions can be made with full visibility.
4. Proactive Communication
We will monitor service needs closely during project execution. lffluctuations arise, our Project Manager will promptly notify the City, propose alternatives, and recommend the most costeffective solution. This proactive coordination prevents budget surprises and schedule delays.
5. Commitment to Budget Stewardship
While we have planned our base scope to fully satisfy the RFP requirements, we understand that unforeseen needs may arise (e.g., additional analysis, extended stakeholder engagement, or revised design iterations). Our commitment is to work collaboratively with the City to identify efficiencies before increasing scope and cost, ensuring that all adjustments deliver tangible value.
Time Commitment & Delivery
RY+AO is fully committed to delivering this project on schedule and within budget. Dedicated personnel will ensure seamless coordination, with phased planning that minimizes disruption to operations while allowing continuous feedback.
Why Choose RY+AO Architects?
RY +AO delivers more than design, we create civic assets that safeguard public safety and identity. Our decades of mission- critical expertise and community design experience uniquely position us to help Banning realize a facility that is trusted, resilient, and adaptable for generations.
EXHIBIT " A" - 12
902
For this effort, RY+AO has teamed with PLAYCE Studio to craft a thoughtful, strategic community outreach program.
Together, the partnership will engage stakeholders, foster meaningful dialogue, and ensure community voices play an integral role in shaping the project's vision. 903
Introduction
PLAYCE is our placemaking methodology that integrates traditional public engagement techniques with team building and organizational development principles utilizing the power of play to build trust within a group, create consensus around an idea, and develop a strategy to move that idea forward.
The PLAYCE approach to public engagement invites stakeholders to be collaborative problem solvers from the onset of the process by becoming active participants in the project process. Stakeholders become project champions; ideas move to consensus sooner and concepts are tried on for size early, ensuring greater future success.
We are very excited about the potential for our award-winning engagement and visioning methodology PLAYCE to assist the City of Banning and the neighborhood surrounding the Armory as it seeks to reimagine the Armory as a multi-benefit Community Resilience Center with campus amenities that can provide an evacuation/ climate resilient shelter, be an Emergency Operations Center (EOC), and offer year-around programs to build climate and community resilience.
Purpose of Engagement
The purpose of inviting the Banning community to participate in the Banning Armory Community Resilience Center Project is to build awareness, trust, and a sense of shared ownership between the City and its residents, businesses, and stakeholders. Engagement will ensure that the design, programs, and operations of the Armory reflect the community' s priorities- serving as both a climate-resilient shelter and a year-round hub for emergency preparedness, resilience- building, and connection. Public input will guide the vision, goals, and strategies for the project, ensuring that outcomes are both innovative and achievable, with clear and measurable benefits. A successful plan is one the community can see itself inpractical in its recommendations, ambitious in its possibilities, and inspiring in its call to action. The public engagement program should be:
Transparent - to ensure that the plan process is open and accessible Equitable and inclusive - to provide every member of the community ample opportunity to participate by providing a variety of platforms for participation and ensure special effort is made to include traditionally marginalized groups in the process
Accessible and safe - to make it easy for people to participate, make them confident that their opinions are important and to provide settings in which they feel secure in sharing their thoughts and ideas Relevant - to clearly document engagement outcomes in the plan and ensure they are reflected in the vision, goals and strategies and in the final plan
Following are elements of the Community Engagement Plan for the City of Banning Armory Community Resilience Centers Project:
EXHIBIT " A" - 14
904
Community Engagement Plan
A Community Engagement Plan (CEP) will be prepared for the project summarizing the techniques we will use to ensure that every resident, stakeholder and interested person has ample opportunity to provide input into the plans and detail the platforms through which public input will be solicited. The CEP will also include overlaps and integration with existing planning bodies and networks, including the Project Advisory Committee and Key Stakeholder Groups.
The CEP will include a proposed engagement schedule and include techniques for publicizing engagement meetings and events. These strategies include social media, news releases, community announcements, press coverage, and media interviews. We will assemble an email database, updated throughout the plan process, to publicize engagement events and updates through e-blasts. Postal mailings of postcards and flyers can also be considered.
A draft CEP will be distributed for review by the Project Advisory Committee prior to the kickoff meeting, revised and distributed again as needed. The CEP should be amended and updated during the plan process as conditions warrant, for example, if changes are needed because one or another engagement technique turns out to be more or less effective and we want to do more or less of it as a result.
All engagement activities will be photo-documented, and their results tabulated and documented for inclusion in the Final Engagement Report. Proposed participation elements can include a variety of the following opportunities, and are anticipated to occur at various time during the project schedule.
Pop Up Community Conversation - Meeting the Public In Public We will "meet the public where they are" by setting up pop-up style engagement tables at existing community venues and events across Banning. These approachable, in-the-moment interactions allow us to connect with a wide range of residents, businesses, and visitors-engaging them in short but meaningful conversations about the Armory's transformation into a Community Resilience Center. These events will provide opportunities to share project goals, gather input on community needs for year-round programming, emergency preparedness, and climate resilience, and invite participants to imagine how the Armory can serve them in daily life and during emergencies.
Pop-up conversations build early awareness, signal transparency and inclusivity, and encourage continued involvement throughout the project. Community maps, visuals of the Armory and potential improvements, informational handouts, engagement schedules, and short surveys will help participants share their perspectives. Visioning activities will draw from PLAYCE's proven engagement tools-creating interactive, creative moments that make it easy for people to share ideas and see themselves as cocreators of the Center' s future. Visioning experiences can include a variety of the PLAYCE activities some of which are noted in Community Meeting description below.
These relaxed and fun events are particularly effective because they provide an opportunity to share the project with stakeholders and to collaborate on tactics to overcome perceived and actual barriers to redevelopment, and to demonstrate how good design and public realm activation can improve quality of life for the community. These intimate interactions help us to build foundations of trust and relationships within the community.
EXHIBIT " A" - 15
905
Survey
A neighborhood survey will be distributed via Survey Monkey or similar online platform with paper copies available for those who cannot or do not want to participate on line. This survey instrument will be developed with the support of the Project Advisory Committee. Localized issues will be highlighted, and demographic information will be sought to ensure that a diversity of community members have weighed in. The survey will be held open for enough time to allow all community members to respond. Using Survey Monkey' s "skip logic" function, we can direct respondents to specific categories of questions.
Community Meeting 1and Tour
Deeper discussions around needs and desires can take place through two sets of interactive Community meetings that will articulate priorities and translate them into goals and design strategies.
Each Community Meeting includes three elements: an educational element, during which progress on the plan is reviewed and input sought on the content of the evolving document; collaboration, group games and exercises that assist in team building in which participants work together to develop an understanding of their shared priorities and preferences for the future; and individual input with exercises and games that help participants to express their own visions for a preferred future.
As part of Community Meeting 1participants will be invited to join in " blue sky" visioning, imagining no constraints - including time and money - to develop the future of the Armory Community Resilience Center. Techniques can include icebreakers and games designed to challenge and draw participants out on their priorities and small group conversations. Techniques could include discussions revolving around four key questions: "What is holding us back," "what could be possible for the space and the community," what will it take for success" and "what partners or resources do we need?" Others include a "roles and contribution" discussion inviting each participant to define a role they see for themselves in the plan process or the contribution they see they would like to make. Individual or small group activities can include a magazine cover game in which participants develop an imaginary national magazine cover celebrating the project' s success 10 or 20 years in the future -adapted for in-person and online use; and collaging a vision of the community' s perfect future using magazines, scissors, construction paper and glue sticks in the in-person iteration, and electronic collaging using free digital tools.
Looking closely at a site helps us close gaps in knowledge and reach individuals and groups with specific insights and experiences that will enrich the project.
It is often difficult to see a place you experience every day with new eyes. An interactive site tour as part of the Community Meeting 1can help us do that. Site tours lend themselves to better understanding of specific opportunities, such as EOC needs, community recreation needs, as well as staff and operation needs. This method is particularly effective because they take place as the group is looking at physical issues, barriers or opportunities and engaging in real-time dialog about opportunities to overcome barriers and improve the quality of life in the community. In our experience, we realize better outcomes, a more engaged public and better project understanding than if these meetings take place in conference rooms and meeting halls.
EXHIBIT " A" - 16
906
We will develop specific tour topics to be considered in the CEP, establish goals and objectives for the tour, and outline tour discussion topics. Each participant will receive a tour packet with a background summary, tour route, questions for discussion and vignettes, concepts and/ or precedent images so the future can be visualized by participants.
An additional option that has seen tremendous success in other projects is an opportunity to "Try a Design" on for size. We can create this at two different scales and can deploy them at various times during the process. The first scale we call " Prop Play" and this can include bringing light weight and inexpensive props such as boxes, buckets, colorful tape, pool noodles and hula hoops to the various sites, and invite the community participants to move the items around to create life scale concept plans that can be explored, tested and adjusted in real time. This can also be done at a table top scale if weather or timing does not permit being on the site. This unique opportunity allows community participants to be directly connected with design, they are part of the decision- making process in a very accessible way and can see their contributions when concepts are developed into real life installations.
The larger scale " Trying it On" is akin to a tactical urbanism approach which brings near- final design ideas to life in temporary, low cost, creative ways which are coordinated with various program elements to mimic the real life intention of the design. Here we engage with the broader community, those impacted who may not have been a part of the planning process, but who will be at the affect of the design.
Physical exploration and extended conversations allow the participant to share authentic feedback that still has time to influence the final outcomes.
Precedents and How we got there
The second community meeting builds on the ideas, priorities, and visions developed during the first meeting and throughout prior engagement activities. This session focuses on sharing how community input directly shaped the project' s emerging goals, design concepts, and program strategies for the Armory Community Resilience Center. The purpose is to affirm the community' s role in the process, demonstrate transparency, and provide opportunities for further refinement before finalizing recommendations.
The meeting will begin with a clear presentation of outcomes, showing how needs, desires, and constraints have been synthesized into preliminary design strategies, operational recommendations, and year- round programming ideas. Visuals will include concept drawings, precedent imagery from other successful resilience centers, and data summaries that trace the path from initial " blue sky" ideas to tangible, achievable solutions. This educational component will help participants understand not only what is being proposed, but why- including how input from the first meeting, site tours, pop- up events, and advisory committee feedback informed the concepts.
Following this presentation, participants will rotate through interactive stations where they can engage with various aspects of the proposed plan:
Design Station - View and comment on conceptual layouts, circulation patterns, and spatial uses.
Programming Station - Explore proposed year- round activities and programs, and emergency preparedness functions, adding suggestions or highlighting top priorities.
EXHIBIT " A" - 17
907
Precedent Station - Review examples of other resilience- focused community facilities and discuss which ideas might be adapted for Banning.
How We Got Here" Station - An illustrated timeline and engagement map showing the journey from initial conversations to current concepts, emphasizing where community voices made key contributions.
The collaboration segment will invite small- group discussions to identify what resonates most strongly, what could be improved, and what must be protected as the project moves toward implementation.
Tools could include real- time polling, dot- voting on priorities, and " if this, then what?" scenario games to help the community weigh trade- offs.
For individual input, participants can complete comment cards, annotate drawings, or record short video/ audio messages sharing their thoughts. Activities like "Headline the Future" ( writing the newspaper headline they' d love to see in 10 years about the Armory' s success) or "Postcard to the Future" ( a personal message to future users of the facility) can add a creative and personal dimension to feedback.
The session will close with a next steps and celebration moment- thanking participants for their contributions, explaining how final refinements will be made, and inviting them to remain involved through the final design and implementation stages. This approach ensures that the community leaves the meeting not only informed, but motivated, and confident that their voices are shaping the future of the Armory Community Resilience Center.
VALUE ADD
PLAYCE' s engagement approach builds lasting community capacity, ensuring benefits extend well beyond the Banning Armory Community Resilience Centers Project. Our hands- on methods- visioning workshops, interactive site tours, and " Try It On" exercises- equip participants with skills in facilitation, consensus- building, and problem- solving they can apply to future challenges.
As an added benefit, we propose that an appropriate City employee- such as from Planning or Parks and Recreation- participate in our PLAYCE Engagement Academy during the project. This immersive training will provide the City with an in-house facilitator skilled in inclusive engagement and will foster a longterm relationship between that staff member and the community. This connection strengthens trust, allows for more meaningful collaboration in future projects, and keeps the City closely attuned to community needs for years to come.
By combining immediate project impact with the development of local champions- both in the community and within City staff-PLAYCE leaves a legacy of collaboration, preparedness, and selfdetermination that positions Banning for a resilient and thriving future.
EXHIBIT "A" - 18
908
ID jT3; k-Na1° rnE
IBanning Armory Community
IResilience Center Design Schedule
2 ! roTALPROJECTOESlGNOURATIDN
l lVendor Seiettion
t ! tontr: itt Award & Notice to Proccod
AE team mobilililtion
f, : Kick Off Meetlt' ip;
j Site lmrestlptlort & Documt: ntatlon
e r Land Survffy' & Base Map
Ai.•bu11t0rawingi.
10 / Geotgch Investigation and Report
11 IOulttach/ Com~ nity En, aPmtmt Plan
t
12 , Commun• tv EngJeemcnt Plan oeve- fopmMt
13 _ j Outre;, ch& Community Meetk1g5
j C.ommumty f:ngageme~, t P!;: m Report
15 ! Fatftlty Asse~ sement & ~' CY Pre. par~ dneu
iAs. 5.l!s.um~ t
10. l Facility Cot' ld1t1on Assessmi! Ylt
1t j racl! lt't' Condition A5sessement Report
18 ! Emergency Preparedness . i-",s.sessment
19) Eme- rgency Pteparedness Assessment Report
30·~1 Need Assessement
21 1 NttcdA~ sscmcnt
1 Nc- cdA~ S!. tr~ ment Repo, t
1Scbemet_ 1c Des, ign
2.::. / Schcrnctit Design
2:1 1 : 100½ so su'Omlttal
26-\ Oty PM & Stakeho! de1s 50 SUbmtmd re.• rew
2'. J Design Development
28 ! OesiGn Development
9-7 lOO½ 0DSubmittal
I
30 ! Gty PM & Stuk. ehOfdcti DO Submittal 1evii:! w
I""'''"'-00cuincn1
3.! l COnstrncuon oocvrnent
33 ! 9M CD Submittal
ji~ •• J Ot\• PM&. Stakeholders COSubmittai te"Jiew
l
r-; J Perrnittin;. Proc: ess
i6 ,· 1FPt, fn1. 1cdf~ rPianchctk)# l
37 ; A&E Pian Cheek c.onecuon
38 I IFP# 2
3_:'-J AP., E Plan 01eck Corrf' ttlon
j IFP# 3
o!.1 i A&E Pl. in Check Correction
2 ! Plan Chetk ,'\ pproval & 100% CO Bid Set
1 4-3 ! Time Betweef' l Project C.Ornplet! on and Grant Expiratton
t ! Grant Funding Vaid Thtovgh End Date
l!Gl
Cr: tt;,! Si; ht
CrilitllF1:: 9re-. 1>
Bann; ng Armory' Community Re; ilience Center Design Schedi..! e
59.4 wb Mon 11/ 3/ 25 Tvu 12/ 22/ 16
Od~ ys Tue 10/ l4/ 25 Tue 10/ 14/ 25
rnw1<, Tue 10/14/2; Fri 10/ 24/ 25
l\'llk Mon t0/ 27/ 25 Fri 10/ 31/ 25
Od" ys Mon tl/ 3/ 25 Mon 11} 3/ 25
Swks Tue 11/ 4P. 5 Mon U/ 29/' lS
4wks iue 11/ 4/25 Mon 12/ l/2S
2wks Tue 11/ 4/ 25 Mon 11/ 17/ 25
Bwks Tue 11/ 4/ 25 Mon 12/ 29/ 25
Bwks r .. 11/ 4/ 25 Mon. 12./ 29/ 2S
lwk Tue 11/- 4/25 Mon 11/ 10/ 25
6wl( s Tue ll/ 11/ 25 Mon 12/ 21/ 25
1•.-.,1( Tue 12/ 13/ 2.5 Mon 12/ 29/ 2$
4wb • Tue 11/ 4/ 25 M4n12/ 1/ 2S
4Wks Tue 11/ 4/ 25 Mon 12/ 1/ 25
Odays Mon 12/ 1/ 25 Mon 12/ 1/ 25
4Wk!. iue 11/ 4( 25 Mon 12/ 1/ 25
Odays: Man 11/ 1/ 25 Mon 12/ 1/ 25
Bwh Tue: 12/ 2/25 Mon l/7»/ 26
Swks Tue 12/ 2/ 25 Mon 1/ 26/ 26
Od.: iy~ Mon 1/ 26/ 26 Mon 1/ 26/ 26
Bwks Tui. 1/ 27/ 26 Mon 3/ 23/ 26
Bwks Tue 1/ 27/ 26 Mon 3/ 23/ 26
Odi' yS Mo113/ 23/ 26 Mon 3/ 23/ 26
2wks TUe3/ 24/ 26 Mon• f6/ 26
s, vb Toe 3/ 24/ 26 Mon 5/ lB/ 26
Swks Tue3/ 24/ 26 Mon 5/ tB/ 26
Odays Mcn5/ 18/ 26 Mon 5/ 18/ 26
Zwk> Tut! S/19/ 2G Mon 6/ 1/ 26
12wks Tue 5/ 19/ 26 M<>n B/10/26
12t'l%S TueS/ 19/ 26 Mon B/ 10/ 26
Oda)''> Mon8/ l0/ 26 Mon 8/10/ 26
2wks Tue8/ 1l/ 26 Mon 8/ 24/ 26
t7wks TueB/ U/ 26 Mon. ll/ 7/ 26
Bwks TueB/ 11/ 26 Mon 10/ 5/ 26
2wks Tue 10/ 6/ 26 Mon 10/ 19/ 26
1,Bwks Tue 10/ 20/ 26 Fri ID/ J0/ 26
2\·,·ks Man 1.1/2/26 Frl 11/ 13/ 26
2wks- Mon 11/ 16/ 26 Fri 11/ 27/ 26
lwlt; Mon ll/ 30/ 26 Fri 12/ 4/ 26
Odays Mon 12/ 1/ 26 Mon 12/ 7/ 26
16. 6wks? Wed 12/ 23/ 26 Fri4/ 1£/ 27
Odays S• t4/ 17/ 27 S• t</ 17/ 27
5FS+ l dJy
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Page1
EXHIBIT " A" - 19
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M:ti
909
B~fflG
Banning Armory Community Resilience Center Tasking Effort Month One
Award- Contract
Issuance
Kick- offl\ Jlg.
Project Mobilization: Contract Award -
I.) RY+ AO Consultant Contract
2.) City schedule all Dept. Interviews with
RY+ AO
Introductions, Strategic Overview Goals
Objectives: Community Engagement
Plan, FCA, Emergency Preparenss, Need
assessment, City Business Unit, Dept
Organizations, Stakeholders.
Outreach/ Community City to provide contact list of key Engagement Plan community stakeholders, support project webpage setup, review engagement
materials.
Facilities Condition
Assessment I Facilities
Surveys/ Emergency
Preparedness
Assessment
Initial Dept. Mtgs.: Meet with Needs
Assessment Mgmt.. Introduce detailed City
Dept Assessment Survey Strategy. Mtg. I
General overall + Individual Dept. mtg. as
req' d.
Mobilization 1-2
wks.
During Mobilization
Period ( Anticipate
during Weeks 1- 2
schedule City Dept.
Interviews)
Week 1-8
Week 3- 4
Partner with Playce Studio, lead development of Community Engagement Plan, design engagement strategy, coordinate materials for City' s project webpage, facilitate workshops/ forums/ meetings, document meeting and provide reports.
Prepare Commumty Engagement Report
a.) A&E team will survey exisitng building and funish as- built drawings if the City unable to obtain as- built drawings from the Nation! Guard. b.) RY+ AO A& E team schedule tour of existing EOC, perform a general survey of the existing spaces and inventory of essential furniture and equipment for the EOC facility
c.) Initial meeting with City of Banning Mgr./ Operations Mgmt. Team to establish objectives and goal of the needs assessment.
d.) Based on Initial meeting, schedule Dept. Interviews to validate current and future requirements.
e.) discuss optional Business Resiliency , future operational forecasts, technological , shared work place, shared commom spaces with community center considerations.
EXHIBIT " A" - 20
1of4
Structural Stds. Business Resiliency MEP, Assess Overall age Assessment. Determine what of existing facilities.
standards of assessment if any the Establish MEP
City may consider to assure Operational Resiliency
operational s11stainability during a • requirements. Review significant Seismic or catastrophic ' internal facility asset event: FEMA, ASCE, Non-, management Rpts. Assess
Structural. Identify any Structural if existing MEP NonBusiness Resiliency Requirements , Structural Assets Assessment is required
910
B~~!tIG
Banning Armory Community Resilience Center Tasking Effort Month Two
faculties Assessment I
Organization
Programming•
Benchmark Existing
Conditions I Dewlop
Future Growth & Space
Recommendati011,;
1. Conduct interviews and surveys with the week 5-8
City of Banning Parks & Recreation
Department. Riverside County Emergency
Management Department, and the Project
Advisory Council to identify projected
headcounts and space requirements for the
EOC, climate- resilient shelter, emergency
shelter, year- round programming, and
campus amenities.
2. For the EOC, benchmark organizational
needs in collaboration with department
managers to develop a Facilities Space
Occupancy Survey informed by asset
inventories, structural assessments, and
Risk Category IV standards, Hold
departmental meetings as needed, with bimonthly program management meetings included. City to provide Facility Condition
Assessment data and asset information for
existing building systems and equipment.
Our team will evaluate the existing conditions including the following:
1. Site- Assess the location, accessibility, zoning, adjacent properties, infrastructure, and environmental conditions.
2. Existing Conditions:
a) Site and Structnre - Review existing buildings, their history, past modifications, and critical infrastn1crurc.
b) Structural Assessment - Inspect structural integrity, identify visible deficiencies, and evaluate material longevity.
e) MEP and HVAC Systems Evaluation- Assess system capacity, efficiency, reliability, and upgrade requirements.
d) ADA Compliance Review- Evaluate accessibility per ADA Titles I, Tl, and Ill, and rec01mnend necessary modifications.
e) Space Utilization Analysis- Inventory functional spaces, dimensions, usage rates, and alignment with operational needs.
f) Functional Analysis- Assess the facility' s suitability for EOC operations, workflow efficiency, and spatial adequacy.
g) Site Advantages and Disadvantages - Identify strengths, weaknesses, security concerns, infrastructure proximity, and resilience factors. h) Environmental and Risk Assessment- Identify environmental hazards, site vulnerabilities, and potential risks.
EXHIBIT " A" - 21
2 of4
Holmes
Structural Physical survey preexisting City of Banning EOC Facility. If Optional FEMA P-58
Stds. are integrated, present findings
deficiencies.
AlfaTech
Physical survey all preexisting City of Banning
FacuHics utilize MEP.
Identify Non- Structural
and Operational
Resiliency Gap Analysis.
911
B~mG
Banning Armory Community Resilience Center Tasking Effort Month Two
Pmgrnmming:
Month Three
Analyze Programmatic
Data/ Convert to.:Floor
Plans I Bldg. Plans I
Master Plan
Feasibility Studies
Bi- Monthly Proj. Mgmt. Mtg. I Dept. tntgs.
Advisory Committee mtgs. as req' d.
Bi- Monthly Proj. Mgmt. Mtg./ Dept. mtgs.
Advisory Committee mtgs. as req' d. CRC
EOC Program and Concpetual Design
Review Mtgs. with City Prog. Mgr. and
individual Dept. upon completion.
Holmes AlfaTcch
Facilitate programmatic collaboration with user groups to document current and Develop Structural Develop MEP future uses, and assess projected space needs over three- and five- year periods. recommendations. Present all City of Assessment Evaluate how each functional component ( EOC, shelters, year round programming, Banning Structural assessments . recommendations. amenities) can optimize operations. including benchmarking of existing activities. Present all City of Analyze physical proximity needs and identify opportllllities for beneficial co- Banning MEP location with related functions. Develop benchmark spatial assessments, growth assessments. models, and optimized adjacencies to guide planning.
L Meet with key user groups ( EOC staff, shelter managers, program coordinators, Park & Rec operations) to identify issues, priorities, objectives, and operational requirements.
2. Develop planning scenarios to optimize space allocation, shared- use opportunities, and adjacencies among functional components.
3. Establish programming logic in coordination with the City Manager and EOC leadership to guide facility planning.
4. Engage City support services ( IT, environmental. security, safety) to define infrastructure and operational requirements tied to the Needs Assessment.
5. Conduct two cross- functional workshops with all user groups and support services to identify shared goals, unmet needs, and operational overlaps.
6. A, sess space requirements for each functional component by comparing existing facilities and assets against 3-5 year projections, with discussion of a 10- year growth model.
iIJcvclop conceptual Design. Trnnslatc Program to Space Plans. Develop • preliminary Space Plans. Collaborate with A& E Team to assess consultant ifinding. Review findings with City Program Mgr. and ea. City Dept. head.
L,.;.,-<-.s,)
Integrate structural findings with
Define ; patial requirem;~ 1:; r,;;-~ach~ f;;;;ctio;;;; i·~~mpd;;; nt ~ fihe- facility :· including the EOC, climate- resilient shelter, emergency shelter. year- round programming, and campus amenities. Prepare block plans showing adjacencies, growth capacity, and shared- use opportunities among user groups. Translate programming findings into conceptual layouts, and develop three plan options integrating existing and proposed spaces to support all resilience functions. 3 of4
EXHIBIT " A" - 22
RY+ AO
Sm, ctural recommendations
integrated with RY+ AO
Integrate MEP findings
withRY+ AO
MEP recommendations
integrated with RY+ AO
912
B~!~ G
Banning Armory Community Resilience Center Tasking Effort Month Fourth
Findings
City Deliverables
Final Draft Workshop/
City Council
Presentation if required
Month Fifth
Prog Mgr. Mtgs. / Advisory Committee
mtgs. as required. Individual Dept. mtgs. to
re, iew Final Dept. - Review w/ City Prog.
Mgr. approval sign off./ City Council
Presentation
Project Scope, Design Bi-Monthly Proj. Mgmt. Mtg./ Dept. mtgs. and Esimates / Advisory Committee mtgs.
Asummary ofthe Deliverables is outlined below:
Existing Conditions Report
l ).Overview and visual assessment of the site and structure. 2). Evaluation of MEP, HY AC, and ADA compliance.
3). Space utilization analysis and functional assessment. 4). Site advantages, disadvantages, and environmental constraints. 5). Recommendations on city needs, technology impacts, and EOC functionality. 6). Site visits and stakeholder interviews for data gathering.
Needs Assessment Report
l ). Detailed site description and existing conditions summary. 2). Structural, MEP, HVAC, and ADA compliance assessments. 3). Fnnctional analysis and space utilization breakdown. 4). Environmental and physical constraints.
5). Summary of Needs Assessment findings.
6 ). At least three options: retrofitting, expansion, or new construction. 7). Conceptual site plans. space allocation, and cost estimates. 8). Stren1,' lhs, weaknesses, and comparative analysis of alternatives. 9). Final recommendation.
Emergency Preparedness Assessment Report
1 ). Coordination with County Emergency Mgmt & Advisory Committee 2). Evaluation of facility readiness for EOC and shelter use 3 ). Identify deficiencies that may be mitigated through this project A presentation of the findings and recommendations to the Banning City Mgr./ Ops Mgr./ City Council meeting if required.
RY+ AO leads the AE team to start design phase based on the Need Assessment Report, The design phase is anticipated to take approximately 6- 7 months.
EXHIBIT " A" - 23
4 of4
Deliverables:
Structural recommendations
integrated with RY+ AO
AlfaTech
Deliverables:
MEP recommendations
integrated with RY+ AO
913
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 dete1mines 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.
Exhibit " A" -24
914
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 177 4 and 177 5 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.
Exhibit " B" -1
915
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 perf01m 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 debannent 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, Alticle 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 ___________ _
Exhibit " B"- 2
916
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.
Exhibit " B"- 3
917
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.
Exhibit " C"- 1
918
EXHIBIT " C-1"
CONSULTANT' S BILLING RATE AND TASK SCHEDULE
Exhibit " C- 1 "- 1
919
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.
Exhibit " D"- 1
920
EXHIBIT " D-1"
PROPOSED PROJECT SCHEDULE
See Exhibit "A"
Exhibit "D-1 "- 1
921
AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD
EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 5”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: ______________.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five-Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty-Five Dollars and Sixty-Six Cents ($603,725.66). The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.
B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-ofscope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.
C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.
D. On August 23,2022 City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).
E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty-Eight Thousand Two Hundred Twenty-Two Dollars ($148,222.00) for a new contract total of Seven Hundred FiftyOne Thousand Nine Hundred Forty-Seven Dollars and Sixty-Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.
F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety-Six Thousand Seventy-Nine Dollars Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 8/21/2025
800 922
($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66).
G. On January 6, 2025, City and Consultant amended the Agreement to extend the Term of the Agreement to June 30, 2026.
H. On May 27, 2025, City and Consultant amended the Agreement to modify the Scope of Services and increase the Contract Sum to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-Six Cents. ($1,305,106.66) as approved by City Council Resolution No. 2025-070.
I. City and Consultant now desire to amend the Agreement to modify the Scope of Services and increase the Contract Sum to One Million Three Hundred Sixty-Four Thousand Seven Hundred Six Dollars and Sixty-Six Cents. ($1,364,706.66).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment “1”, attached hereto and incorporated herein.
1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 4 shall not exceed Fifty-Nine Thousand Six Hundred Dollars ($59,600.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Three Hundred Sixty-Four Thousand Seven Hundred Six Dollars and Sixty-Six Cents. ($1,364,706.66).
Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 5, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, 3, 4, and 5, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 5, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 5. In the event of a conflict between the provisions of this Amendment No. 5 and the provisions of the Agreement or Amendments No. 1 through 5, the provisions of this Amendment No. 5 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 5.
2.3 Authority. The persons executing this Amendment No. 5 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 5 on behalf of said party, Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 801 923
(iii) by so executing this Amendment No. 5, such party is formally bound to the provisions of this Amendment No. 5, and (iv) entering into this Amendment No. 5 does not violate any provision of any other agreement to which said party is bound.
1.3 Counterparts. This Amendment No. 5 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
1.4 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 802 924
The Parties are signing this Amendment No. 5 the date stated in the introductory clause.
CITY OF BANNING ALBERT A. WEBB ASSOCIATES, INC
NAME:
TITLE:
NAME:
TITLE:
Arturo Vela,
Acting City Manager
City Council Approval: ____________
ATTEST:
Sandra Calderon,
Acting Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 Vice President
Stephanie Standerfer
2025-116
803 925
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com August 8, 2025
Patrick Safari, CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: [email protected]
RE: Proposal for Contract Amendment No. 6 - Additional Environmental and Engineering Services for Sun Lakes Boulevard Extension Project (PSA C00660) Dear Patrick,
Pursuant to our discussion on July 3, 2025 and August 5, 2025, Albert A. WEBB Associates (WEBB) is pleased to provide you with this proposal for additional services for the Sun Lakes Boulevard Extension Project. The previous contract amendment authorized WEBB to conduct surveys for the Crotch’s bumble bee (Bombus crotchii, CBB) within the Project limits. CBB is a candidate for listing under the California Endangered Species Act and therefore treated as a listed species by the California Department of Fish and Wildlife (CDFW). The surveys were needed to comply with the Project’s CEQA mitigation measures and the forthcoming Streambed Alteration Agreement from CDFW. WEBB partnered with Osprey Environmental Associates who maintains the required credentials to survey for CBB.
The bee was found within the Project limits on June 27, 2025. Therefore, this contract amendment reflects the anticipation that the City will need an Incidental Take Permit (ITP) for CBB from CDFW and that the offsite mitigation proposed for mitigating the Project’s jurisdictional impacts may also be required to include mitigation for CBB.
In addition, the City has been coordinating with Kinder Morgan on the relocation of their fuel lines within the Sun Lake Boulevard project limits. Last week, Kinder Morgan requested that the slope be moved 50 feet to the north along the eastern project boundary. This proposed change will require revisions to the street improvement plans, including the relocation of the storm drain outlet. In addition, preparation of the slope & drainage and the temporary construction easement documents. The City is requesting a contract amendment to revise the street & storm drain improvement plans and easement document to accommodate Kinder Morgan’s request.
Finally, the City is preparing for pre-construction and construction surveys and has requested WEBB to provide archaeological and paleontological support for CEQA mitigation measures MM CR-1 (Monitoring and Inadvertent Discovery), MM GEO-1 (Paleontological Worker Environmental Awareness Program), and MM GEO-2 (Paleontological Resource Impact Mitigation Program).
Scope of Work
Task 1: Incidental Take Permit (ITP) Application
Osprey will prepare a complete ITP application that addresses potential impacts to CBB. The ITP application will include the following components:
1. Project Description
A detailed description of the proposed project, including scope, purpose, construction activities, and schedule, emphasizing elements relevant to biological resources and potential impacts to CBB.
ATTACHMENT "1" A -1
Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 804 926
2020-0126
City of Banning
2 2. Project Location
A clear and accurate description of the project location, including jurisdiction, parcel boundaries, and regional context. GIS-based mapping will support this section, showing the spatial relationship of project elements to known CBB habitat.
3. Take Analysis
Assess the likelihood, nature, and extent of incidental take resulting from proposed project activities. This will include direct (e.g., crushing during grading) and indirect (e.g., habitat degradation) take mechanisms and their anticipated frequency and scale.
4. Impact Analysis
Evaluate the biological significance of the anticipated take, with an emphasis on how project-related impacts may affect local CBB populations. This will include discussion of habitat quality, floral resource availability, and the role of the site in the species’ life cycle.
5. Jeopardy Analysis
Assess whether issuance of the ITP would jeopardize the continued existence of CBB. This analysis will include:
• A review of known population trends and range contractions • Evaluation of existing threats to CBB (e.g., pesticides, habitat loss) • Consideration of cumulative impacts from related or nearby projects (*if data is available) • An assessment of how project mitigation and minimization measures offset potential risk to the species’ long-term survival and reproductive success
6. Minimization and Mitigation Measures
Propose feasible and enforceable measures to avoid, minimize, and fully mitigate impacts. These may include:
• Seasonal work windows
• Designated biologist oversight
• Daily biological sweeps
• No-disturbance buffers around observed individuals or nests • Restoration or enhancement of temporarily disturbed habitat • Permanent preservation of habitat at a 1:1 or greater ratio
7. Monitoring and Reporting Plan
Develop a monitoring plan to document implementation and effectiveness of all minimization and mitigation measures. This may include photo documentation, habitat success criteria, and adaptive management triggers.
8. Funding and Implementation
Describe the funding sources and financial assurances that are available to fully implement the ITP requirements, including habitat restoration, long-term management, and any required endowment contributions.
Osprey will be available to coordinate directly with CDFW staff throughout the application process to facilitate review and respond to any requests for additional information. We will prepare and submit the ATTACHMENT "1" A -2
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City of Banning
3 ITP package in a format consistent with CDFW’s current guidelines and expectations. This scope assumes up to two meetings will be required to discuss the findings and ITP application.
Task 2: CBB Habitat Assessment of Offsite Mitigation Site (APNs 532-180-049 and -017)
The City owns two parcels that have been identified in the Project’s regulatory permit applications to serve as offsite mitigation for jurisdictional impacts. The riparian/riverine portions of these parcels have already been surveyed by Osprey for suitability as mitigation for jurisdictional impacts; however, the survey did not assess whether it also contained suitable habitat for mitigation for CBB. Therefore, Osprey will conduct a biological assessment of the parcels to evaluate their suitability to support CBB habitat. This task will include both a comprehensive desktop review and a reconnaissance-level field assessment.
The desktop review will include a thorough analysis of relevant environmental databases and datasets, including but not limited to the California Natural Diversity Database (CNDDB) and applicable citizen science databases such as iNaturalist and the Xerces Society’s California Bumble Bee Atlas. This review will assess the historical and recent documentation of CBB in the vicinity of the proposed mitigation parcels.
Following the literature review, Osprey biologists will conduct a field-based reconnaissance survey by foot to assess site conditions and determine habitat suitability for CBB. The survey will evaluate the presence and quality of key habitat features such as floral diversity and abundance, availability of nesting substrates (e.g., rodent burrows, thatch layers), and potential overwintering habitat. All blooming species observed will be recorded and mapped using GPS and/or GIS, and vegetation communities will be broadly classified to inform mitigation potential.
Upon completion of these efforts, Osprey will prepare a summary letter report detailing the findings of both the desktop and field assessments. The report will include a habitat suitability evaluation, mapped habitat features, and a discussion of the site’s potential to serve as suitable mitigation for CBB under the California Endangered Species Act. This information will serve as baseline data to inform future coordination with the California Department of Fish and Wildlife and support Incidental Take Permit planning and review processes.
Task 3: Task 3. UAV (Drone) Survey(s) (Optional)
As an optional task, Osprey can perform a drone-based aerial survey of the two mitigation parcels identified in Task 2 to generate a high-resolution orthomosaic basemap. This product will provide a current, spatially accurate representation of site conditions, aiding in the visualization of habitat features and supporting documentation for mitigation planning.
The UAV survey will be conducted by an Osprey FAA-licensed Remote Pilot in Command (RPIC), accompanied by a qualified visual observer, in full compliance with FAA Part 107 regulations. Collected imagery will be processed into georeferenced orthomosaics suitable for GIS integration. The resulting basemap will enhance coordination with regulatory agencies, support comparative analyses over time, and provide a detailed visual record for future project documentation.
ATTACHMENT "1" A -3
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4 Drone survey data can be integrated into all deliverables prepared under Task 1 and Task 2 and will serve as a valuable resource for informing future monitoring, restoration planning, or adaptive management efforts on the mitigation parcels.
Task 4: WEBB Meetings and Coordination
WEBB has included 28 hours for meetings and coordination associated with Tasks 1-3 and Task 6. This includes reviewing documents, attending meetings, and coordinating with the City, and Morongo Band of Missions Indians for the tribal monitoring services agreement.
Task 5: Revise Street & Storm Drain Improvement Plans and Prepare Easement Documents
As part of the contract amendment, we will revise the street and storm drain improvement plans for the Sun Lake Boulevard project to incorporate design changes requested by Kinder Morgan. They have asked for the top of the slope to be moved 50 feet to the north along the eastern project boundary to accommodate the relocation of their existing fuel lines. In response, we will coordinate with the City to confirm the revised alignment and any right-of-way impacts. We will update the street improvement plans to reflect the new slope location and associated grading modifications. Additionally, we will revise the storm drain system design, including the relocation of the existing storm drain outlet and any affected infrastructure. We will prepare the slope & drainage and temporary construction easement (TCE) legal and plats. Our scope includes updating the relevant plan sheets, profiles, and details; providing revised quantities and construction cost estimates; and submitting the updated plans and easement documents for City review. We will also incorporate one round of review comments as part of this task.
Task 6: Archaeological and Paleontological Mitigation Measures WEBB will partner with CRM Tech to provide the City with the qualified archaeologists and paleontologists in order to fulfill CEQA mitigation measures MM CR-1 (Monitoring and Inadvertent Discovery), MM GEO1 (Paleontological Worker Environmental Awareness Program), and MM GEO-2 (Paleontological Resource Impact Mitigation Program).
Scope of Work: Preparation of the Paleontological Resource Impact Mitigation Program Document CEQA mitigation measure MM GEO-2 states that prior to the commencement of ground-disturbing activities, the Project Paleontologist (retained under MM GEO-1) shall prepare and implement a Paleontological Resource Impact Mitigation Program (PRIMP) for the Project. The PRIMP will describe the monitoring required during excavations that extend into locations of areas deemed to have a high paleontological resource potential, which include older Holocene-age and Pleistocene-age alluvial deposits. To meet the requirement to develop this document for this project, CRM TECH will review pertinent geological and paleontological documents available for the project area and vicinity and review the geotechnical study completed for the project as well as the site plan and grading plans. This information will be synthesized into a site-specific Program document that will outline the procedures for paleontological monitoring and for the proper treatment of all paleontological resources that may be encountered while monitoring the earth-disturbing activities associated with the project, as per the conditions for this project.
ATTACHMENT "1" A -4
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City of Banning
5 Scope of Work: Preparing and Presenting the Paleontological Worker’s Environmental Awareness Program
CEQA mitigation measure MM GEO-1 states that in order to educate the construction contractor and each of the construction crews about the types of paleontological resources that may be encountered along the Sun Lakes Boulevard Extension Project, prior to the start of the construction, the City of Banning shall retain a professional paleontologist (the “Project Paleontologist”) to prepare a Paleontological Worker Environmental Awareness Program (WEAP). The Paleontological WEAP shall be taped and presented to any construction crew members not present at the preconstruction meeting during which it was initially presented prior to such crew members working on the Sun Lakes Boulevard Extension Project. To prepare for and present the training program, CRM TECH will review the available paleontological information for the study area and vicinity; collect information about the types fossils that might be present in the project area; gather examples of fossils (or photographs of fossils), maps, contact information, and other data for use during the training session; review and compile information regarding the monitoring activities including safety measures and the procedures to be followed during ground disturbance in sensitive areas and protocols that apply in the event that resources are discovered. This information will be assembled so that it can be presented in an easily understood, comprehensive Worker Environmental Awareness Program regarding paleontological resources.
Budget
Our proposed budget for the services listed herein will be billed on a not-to-exceed time and materials (T&M) basis according to our existing contract for a total not to exceed of $59,600.
Environmental & Engineering Services Fee
Task 1. (Osprey) Preparation of CDFW ITP Application for the Crotch’s Bumble Bee $ 15,530 Task 2.
(Osprey) Biological Assessment for Potential Crotch’s Bumblebee Mitigation Site(s) APNs: 532-180-049 & 532-180-017 $ 5,750
Task 3. (Osprey) UAV (Drone) Survey (Optional) $ 1,960
Task 4.
(WEBB) meetings and coordination, and tribal monitoring services agreement with Morongo Band of Mission Indians $ 5,690
Task 5.
(WEBB) Revise Street & Storm Drain Improvement Plans and Prepare Easement Documents $ 25,540
Task 6. (CRM Tech) Prepare PRIMP; Prepare and Present Paleontological WEAP $ 5,130 TOTAL $ 59,600
ATTACHMENT "1" A -5
Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 808 930
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City of Banning
6 The following is a summary of original, current, and proposed authorizations according to our records.
WEBB Original Authorization: $548,416.05 plus $54,841.61 contingency for total of $603,725.66
Change Order No. 1 $24,983.25 (subtracted from contingency) Change Order No. 2 $5,974.88 (subtracted from contingency) City Council Resolution 2022-106 $129,400 (rescinded)
City Council Resolution 2022-139 $148,222
Change Order No. 4 $496,079
Change Order No. 5 $57,080
Current Authorization $1,305,106.66
Proposed Change Order $59,600
Proposed Authorization $1,364,706.66
If you find this request acceptable, please issue a contract amendment to our office. We appreciate this opportunity to be of service to the City and look forward to hearing from you. If you have any questions regarding this proposal, please call me at (951) 830-4305.
Sincerely,
ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE, TE
Senior Vice President
[email protected]
Copy: Stephanie Standerfer
Autumn DeWoody
ATTACHMENT "1" A -6
Docusign Envelope ID: 6C4E2DC9-7A2D-4C5F-852D-CE941C03BB50 809 931
AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD
EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 4”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: ______________.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five-Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty-Five Dollars and Sixty-Six Cents ($603,725.66). The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.
B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-ofscope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.
C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.
D. On August 23,2022 City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).
E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty-Eight Thousand Two Hundred Twenty-Two Dollars ($148,222.00) for a new contract total of Seven Hundred FiftyOne Thousand Nine Hundred Forty-Seven Dollars and Sixty-Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.
F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety-Six Thousand Seventy-Nine Dollars Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 May 27, 2025
788 932
($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66).
G. On January 6, 2025, City and Consultant amended the Agreement to extend the Term of the Agreement to June 30, 2026.
H. City and Consultant now desire to amend the Agreement to modify the Scope of Services,and increase the Contract Sum to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-six Cents. ($1,305,106.66).
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Scope of Services as set forth in Section 1.1 of and Exhibit A to the Agreement is hereby amended to include the Services set forth in Attachment “1”, attached hereto and incorporated herein.
1.2 The maximum compensation for the Services performed pursuant to this Amendment No. 4 shall not exceed Fifty-Seven Thousand Eighty Dollars ($57,080.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Three Hundred Five Thousand One Hundred Six Dollars and Sixty-six Cents. ($1,305,106.66).
Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 43, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, 3, and 4, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 4. In the event of a conflict between the provisions of this Amendment No. 4 and the provisions of the Agreement or Amendments No. 1 through 4, the provisions of this Amendment No. 4 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 4.
2.3 Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) entering into this Amendment No.
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4 does not violate any provision of any other agreement to which said party is bound.
1.3 Counterparts. This Amendment No. 4 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
1.4 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 790 934
The Parties are signing this Amendment No. 4 the date stated in the introductory clause.
CITY OF BANNING ALBERT A. WEBB ASSOCIATES, INC.
NAME:
TITLE:
NAME:
TITLE:
Robert Fisher,
Acting City Manager
City Council Approval: ___________
ATTEST:
Caroline Patton
Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
APPROVED AS TO FORM
Solvak, Baron, Empey, Murphy & Pinkney LLP
John O. Pinkley
City Attorney
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 Stephanie Standerfer
Vice President
RESO 2025-068
791 935
ATTACHMENT “1”
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 792 936
2020-0126
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com February 28, 2025
Revised April 23, 2025
Patrick Safari, CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: [email protected]
RE: Proposal for Contract Amendment No. 4 - Additional Environmental Services for Sun Lakes Boulevard Extension Project (PSA C00660)
Dear Patrick,
Pursuant to your request on February 6, 2025, and subsequent discussion on April 2, 2025, Albert A.
WEBB Associates (WEBB) is pleased to provide you with this proposal for additional services for the Sun Lakes Boulevard Extension Project. WEBB is currently under contract with the City to obtain regulatory permits for the project from the California Department of Fish and Wildlife (CDFW) and the Regional Water Quality Control Board (RWQCB).
Said permits have requirements that the City will need to fulfill prior to construction of the project which are outlined below in Task 1. Biological reporting and monitoring that is required during construction are not included herein, but as we have discussed with you, we understand the City will include the permitting-related tasks during construction to be included in the City’s forthcoming construction management contract.
Also included in this request is the City’s obligation for compensatory mitigation related to impacts to jurisdictional waters which are required to be fulfilled within 18 months of impacts. Task 2 includes WEBB’s assistance with the compensatory mitigation obligations.
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Scope of Work
Task 1: Biological Services During Construction
The Tasks below are related to the surveying and reporting requirements of the CDFW permit, RWQCB permit, as well as CEQA mitigation measures MM BIO-1 through MM BIO-4.1 WEBB will subcontract with Osprey Environmental Associates (Osprey) to fulfill these requirements.
Preconstruction Nesting Bird Survey and Report (corresponds to CDFW Measures 2.11.1 and 4.4; CEQA MM BIO-1)
Osprey will conduct preconstruction nesting bird surveys if vegetation clearance occurs outside the recommended window (September 1 – February 1). Surveys will be performed within three (3) days prior to construction initiation to identify active nests within 100 feet of the project site. A survey report by a qualified biologist verifying nest status will be submitted to the City of Banning prior to construction. If active nests are identified, species-specific measures will be implemented to prevent nest abandonment.
Burrowing Owl Pre-Construction Inspection Survey and Report (corresponds to CDFW Measure 2.12.4 and CEQA MM BIO-2)
A single preconstruction burrowing owl survey will be conducted within 3 days of vegetation removal or ground disturbance. The survey will comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and 2006 "Burrowing Owl Survey Instructions” and will cover entire the project site and within 150-meters. If burrowing owls are detected during the breeding season (February 1–August 31), a 300-foot buffer will be enforced around active burrows until nesting is complete. Following the survey, a burrowing owl pre-construction survey report will be prepared and submitted to WEBB in PDF format. The survey report will document the methods, results, and conclusion of the survey.
Crotch’s Bumble Bee (corresponds to CEQA MM BIO-3)
• Crotch’s Bumble Bee Habitat Mapping and Report (corresponds to CDFW Measure 2.14) Osprey will conduct habitat mapping for the Crotch’s bumblebee within the project footprint.
Mapping will identify habitat alliances following Sawyer et al. (2009). Following field mapping and no less than 120 days prior to the initiation of activities Osprey will complete and submit to CDFW a baseline habitat mapping report. The report will identify species composition for each mapped alliance and will be submitted to CDFW.
• Crotch’s Bumble Bee Draft Survey Plan (corresponds to CDFW Measure 2.15.2) A qualified Osprey biologist will prepare and submit to CDFW for review and comment a draft survey plan for Crotch’s bumble bee. The survey plan will identify the timing, number, and duration of survey efforts, and procedures to follow should Crotch’s bumble bee be detected within the project area. 1 There are a total of five mitigation measures for biological resources. MM BIO-5 is “Mitigation for Riparian/Riverine and Jurisdictional Impacts.” WEBB’s assistance with this is in Task 2, herein.
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The survey plan will be submitted no less than 90 days prior to initiation of project activities in suitable habitat.
• Crotch’s Bumble Bee Survey(s) and Report (corresponds to CDFW Measure 2.15.3) If habitat mapping identifies the presence of plants (e.g., genera Antirrhinum, Phacelia, Clarkia, Cordylanthus, Dendromecon, Eschscholzia, Eriogonum, Hypericum, Lantana, Lupinus, Salvia, Asclepias, Cirsium, Monardella, Keckiella, Acmispon, Euthamia, Ehrendorferia, Vicia, and/or Trichostema) or other suitable habitat (i.e. nesting, foraging, and overwintering habitat), Osprey will conduct focused surveys for the Crotch’s bumblebee (CBB) following the approval and submittal of survey plan. Osprey will first conduct a literature review and records search for CBB occurrences within a 10-mile radius, utilizing the CDFW California Natural Diversity Database and iNaturalist.
Following the literature review, Osprey will conduct on-site CBB surveys following the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2023). These surveys will take place during the Colony Active Period (April-August) and when floral resources are available, ideally at peak bloom. A minimum of three surveys will be conducted, spaced 2-4 weeks apart between April and August. Surveys will be performed during daylight, beginning at least one hour after sunrise and ending at least two hours before sunset, ideally between 9:00 AM and 1:00 PM, with temperatures between 65°F and 90°F and wind speeds under 8 miles per hour. Each survey will cover at least one person-hour of search effort per three acres of suitable habitat.
Following the completion of the surveys, a report will be prepared summarizing the survey methods, findings, and conclusions. The report will also include a list of bee species observed and any accompanying photographs. Survey results will be submitted to CDFW before ground-disturbing activities begin. If an active CBB nest is detected, a no-disturbance buffer zone will be established, and CDFW will be notified.
Biological Worker’s Environmental Awareness Program (WEAP) and Invasive Species Education Program (corresponds to CDFW Measures 2.8 and 2.8.1; CEQA MM BIO-4) Osprey will develop and conduct a mandatory Biological Worker’s Environmental Awareness Program (WEAP) training for all construction personnel. This training will cover key topics, including CBB, burrowing owls, rare plant species, and riparian/riverine features. WEAP training will be coordinated with the paleontological WEAP. A recorded training will be prepared and available.
Further, included in the WEAP will be an additional discussion of the invasive species currently present within the project site as well as those that may pose a threat to or have the potential to invade the Project site. The discussion will include a physical description of each species and information regarding their habitat preferences, local and statewide distribution, modes of dispersal, and impacts. The invasive species education program will also include a discussion of Best Management Practices (BMPs) to be implemented at the Project site to avoid the introduction and spread of invasive species into and out of the Project site.
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WEBB Management of Biological Services
WEBB has budgeted 40 hours to manage and coordinate with Osprey related to Task 1 including reviewing documents, and meeting with the City.
UAV (Drone) Survey(s) (Optional)
Osprey can provide a drone survey of the project area to generate a high-resolution orthomosaic basemap, offering a temporally and spatially accurate depiction of the project site as is currently prior to construction and post-construction. This updated imagery can serve as a key reference for stakeholders, ensuring precise visualization of project lands, roads, and planned or constructed infrastructure. The orthomosaic will enhance project planning, coordination, and decision-making by delivering highly accurate spatial and visual data. The flight will be conducted by an Osprey FAA-licensed Remote Pilot in Command (RPIC) and a visual observer, ensuring full compliance with FAA regulations. The drone data collection and subsequent GIS analysis will be used to support all of Osprey’s reporting deliverables included herein. Deliverables will include a high-resolution orthomosaic base map, digital terrain model depicting project ground elevations, and a digital surface model depicting project surface elevations.
Although a temporally and spatially accurate orthomosaic basemap is informative and helpful, this optional service is not required in order to complete any of the aforementioned tasks.
Task 1 Assumptions
• None of the species identified above will be found on site. • This scope includes one (1) in-person WEAP training. Any additional training sessions will require a separate scope and fee.
• Materials required for delineating Environmentally Sensitive Areas (ESAs) or establishing nesting buffers are not included in this proposal. The cost of these materials will be billed directly to the client if not provided by the City.
• The preparation of a Burrowing Owl Mitigation Plan is not included. If required, Osprey will provide a separate scope and fee for this task.
• This proposal does not cover small mammal trapping or the preparation of a small mammal trapping survey report. If required, Osprey will provide an additional scope and fee for these efforts.
• Assistance with securing an Incidental Take Permit (ITP) from CDFW is not included. If required, Osprey can provide a separate scope and fee for this task.
Task 2: WEBB Assistance with Offsite Compensatory Mitigation Fulfillment (corresponds to CDFW Measure 3.3; CEQA MM BIO-5)
WEBB has included 50 hours to help the City to set up its compensatory mitigation obligation utilizing an offsite mitigation site owned by the City located southeast of the City’s wastewater treatment plant. We anticipate actions under this task will be to advise and support the City related to: finding a third party to hold a conservation easement/deed restriction(s) on the City’s property (City to retain Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 796 940
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fee title), negotiate and find the City a third party land manager and assist City with said agreement, and finding an entity to provide a non-wasting endowment. We understand the City will take lead on each of these tasks; therefore this budget is for things like attending meetings to provide project background and making connections to facilitate the process.
Budget
Our proposed budget for the services listed herein will be billed on a Time and Materials basis according to our existing contract for a total not to exceed of $57,080.
Environmental Services
Task 1 - Biological Services
Preconstruction Nesting Bird Survey and Report $ 4,660
Burrowing Owl Pre-Construction Inspection Survey and Report $ 6,230 Crotch’s Bumble Bee Habitat Mapping and Report $ 6,840
Crotch’s Bumble Bee Draft Survey Plan $ 4,350
Crotch’s Bumble Bee Survey(s) and Report $ 14,380
WEBB Management of Task 1 (40 hours) $ 7,150
Optional UAV (Drone) Survey $ 4,370
Task 2 - Management and Coordination for Offsite Mitigation $ 9,100 TOTAL $ 57,080
The following is a summary of original, current, and proposed authorizations according to our records.
WEBB Original Authorization: $548,416.05 plus $54,841.61 contingency for total of $603,725.66
Change Order No. 1 $24,983.25 (subtracted from contingency) Change Order No. 2 $5,974.88 (subtracted from contingency) City Council Resolution 2022-106 $129,400 (rescinded)
City Council Resolution 2022-139 $148,222
Change Order No. 3 $496,079
Current Authorization $1,248,026.66
Proposed Change Order $57,080
Total WEBB Authorization with Proposed
Change Order $1,305,106.66
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If you find this request acceptable, please issue a contract amendment to our office. We appreciate this opportunity to be of service to the City and look forward to hearing from you. If you have any questions regarding this proposal, please call me at (951) 830-4305.
Sincerely,
ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE, TE
Senior Vice President
[email protected]
Copy: Stephanie Standerfer
Autumn DeWoody
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Page | 6
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 799 943
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT
(C00660) FOR THE DESIGN OF SUN LAKES BOULEVARD
EXTENSION BY AND BETWEEN CITY OF BANNING AND ALBERT
A. WEBB ASSOCIATES
THIS AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 3”) by and between the CITY OF BANNING (“City”) and ALBERT A. WEBB ASSOCIATES, a California Corporation (“Consultant”) is effective as of this day: ______________.
RECITALS
A. City and Consultant entered into that certain Agreement for Professional Design Services dated June 23, 2020 (“Agreement”) whereby Consultant agreed to provide Design Services for the Design of Sun Lakes Boulevard Extension following a Request for Proposals for an amount not to exceed Five-Hundred Forty-Eight Thousand Four Hundred Sixteen Dollars and Five Cents ($548,416.05). The agreement included a 10% Contingency of Fifty-Four Thousand Eight Hundred Forty One Dollars and Sixty-One Cents ($54,841.61) for a total contract amount of Six Hundred Three Thousand Seven Hundred Twenty Five Dollars and Sixty Six Cents ($603,725.66) The Term of the Agreement was to commence on June 23, 2020, and continue in full force and effect until October 3, 2022.
B. On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-ofscope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.
C. On March 21, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for the preparation of a sediment transport analysis (out of scope) in the amount of $5,974.88, leaving a contingency balance of $23,883.48.
D. On August 23,2022 City Council adopted City Council Resolution 2022-106 which authorized the increase in compensation for services provided under the Agreement by One Hundred Twenty-Nine Thousand Four Hundred Dollars ($129,400.00).
E. On October 11, 2022, City Council Adopted City Council Resolution 2022-139 to rescind Resolution 2022-106 and amend the Agreement to include additional compensation in the amount of One Hundred Forty-Eight Thousand Two Hundred Twenty-Two Dollars ($148,222.00) for a new contract total of Seven Hundred FiftyOne Thousand Nine Hundred Forty-Seven Dollars and Sixty-Six Cents ($751,947.66) and to extend the term of the Agreement through June 30, 2024.
F. On October 23, 2023, City and Consultant amended the Agreement to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum by Four Hundred Ninety-Six Thousand Seventy-Nine Dollars Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 1/6/2025
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($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66).
G. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2026.
The Parties therefore agree follows:
1. Amended Terms. The Agreement is hereby amended as follows:
1.1 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2026, unless sooner terminated or extended as provided in the Agreement.
2. Miscellaneous Provisions
2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 3, all provisions of the Agreement, as amended by Amendment Nos. 1, 2, and 3, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 3. In the event of a conflict between the provisions of this Amendment No. 3 and the provisions of the Agreement or Amendments No. 1 through 3, the provisions of this Amendment No. 3 shall control.
2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 3.
2.3 Authority. The persons executing this Amendment No. 3 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 3 on behalf of said party, (iii) by so executing this Amendment No. 3, such party is formally bound to the provisions of this Amendment No. 3, and (iv) entering into this Amendment No. 3 does not violate any provision of any other agreement to which said party is bound.
2.4 Counterparts. This Amendment No. 3 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.
2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 785 94
to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 786 94
The Parties are signing this Amendment No. 3 the date stated in the introductory clause.
CITY OF BANNING CONSULTANT
Douglas Schulze,
City Manager
NAME:
TITLE:
City Council Approval: __n/a___________ NAME:
TITLE:
ATTEST:
Caroline Patton
Administrative City Clerk
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
Docusign Envelope ID: 01AD65EE-8891-443E-8A68-1BCD3B1F23B4 Stephanie Standerfer
Vice President
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