Banning City Council
June 9, 2026

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 187
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT (C00660)

FOR THE DESIGN OF SUN LAKES BOULEVARD EXTENSION BY AND
BETWEEN THE CITY OF BANNING AND ALBERT A. WEBB ASSOCIATES THIS AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL
DESIGN SERVICES (“Amendment No. 1”) 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-of-scope 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).

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 Fifty-One 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.

DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 November 8, 2022
188
TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1 – “Contract Sum” of the Agreement is amended to provide that Consultant’s total compensation shall not to exceed Seven Hundred Fifty-One Thousand Nine Hundred Forty-Seven Dollars and Sixty Six Cents ($751,947.66). (b) Section 3.4 – “Term” of the Agreement is hereby amended to extend the Agreement term to June 30, 2024.

2. Continuing 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 “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Professional Services Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. 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 Agreement, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other Agreement to which said party is bound.

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IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 1 to the Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
Dilesh Sheth Date
Vice President
NAME: Date
TITLE:

ATTEST:
95-1723730
Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:
3788 McCray Street
Riverside, CA 92506
APPROVED AS TO FORM:

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

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

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

DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 10/19/2022
11/4/2022 October 11, 2022
11/7/2022
11/8/2022
190
RESOLUTION 2022-139

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $ 148,222 FOR THE DESIGN OF SUN LAKES BOULEVARD EXTENSION; EXTENDING THE TERM OF AGREEMENT TO JUNE 30, 2024; AND RESCINDING RESOLUTION 2022-106
WHEREAS, on April 14, 2020, under Resolution No. 2020-48, the City Council approved the Professional Services Agreement with Albert A. Webb Associates, Inc. for the design of Sun Lakes Boulevard Extension in the amount of $548,416.05, and a 10% contingency for a total of $603,725.66; and
WHEREAS, on July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government ( WRCOG) for up to $ 1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project; and WHEREAS, on February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-of-scope work including coordination with• Western Riverside County Regional Conservation Authority RCA in the amount of $24, 9873.25, paid from contingency funds; and
WHEREAS, 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 sediment transport in the amount of $5,974.88, paid from contingency funds; and
WHEREAS, on May 12, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for additional out of scope work such as storm drain system design, environmental coordination with Wildlife Agencies and Western Riverside County Regional Conservation Authority ( RCA), supplemental environmental documentation and jurisdictional delineation and permitting in the amount of $148,222; and WHEREAS, Amendment No.1 will amend the purchase order by adding an additional $ 148,222; and
WHEREAS, Amendment No. 1 will also extend the term of the Agreement to June 30,2024;and
WHEREAS, an appropriation from the Measure A Fund in the amount of $148,222 to Account No. 101-4900-431.93-16 is necessary to cover the change orders; and Resolution 2022- 139

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WHEREAS, the project , including Amendment No . 1 is fully funded by the TUMF program up to $1 ,000 ,000.

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

SECTION 1 . City Council hereby approves Amendment No. 1 to the Professional Services Agreement with Albert A. Webb Associates , Inc. for an additional $ 148, 222 for the Design of Sun Lakes Boulevard Extension and extend the term of the agreement to June 30 , 2024.

SECTION 2. The City Manager or designee is authorized to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement Amendment No. 1 with Albert A. Webb Associates , Inc.

SECTION 3. The City Manager or designee is authorized to execute Amendment No . 1 to the Professional Services Agreement with Albert A. Webb Associates , Inc.

PASSED, APPROVED AND ADOPTED this 11th day of October 2022 .

ATTEST:

Caroline Patton , DeQiycitycierk
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Se~~
Richards, Watson & Gershon
Resolution 2022-139

City of Banning
DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 192
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California , do hereby certify that the foregoing Resolution 2022- 139 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 11th day of October 2022 by the following vote , to wit:

AYES: Happe , Minjares, Sanchez , and Wallace .

NOES:

ABSENT:

ABSTAIN:

Resolution 2022-139

Caroline Patton, De City Clerk
City of Banning , Californ ia
DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 193

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager

PREPARED BY: Art Vela, Director of Public Works
Patrick Safari, Associate Engineer
MEETING DATE: October 11, 2022
SUBJECT: Consideration of Resolution 2022-139, Approving Amendment No. 1 to the Professional Services Agreement with Albert A.

Webb Associates, Inc. for an Additional Amount of $148,222 for the Design of Sun Lakes Boulevard Extension; Extending the Term of Agreement to June 30, 2024; and Rescinding
Resolution 2022-106
RECOMMENDATION:

City Council adopt Resolution 2022-139:

1. Approving Amendment No. 1 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an additional amount of $148,222 for the Design of Sun Lakes Boulevard Extension and extend the term of the agreement to June 30, 2024.

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

3. Authorizing the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Albert A. Webb Associates, Inc.

4. Rescinding Resolution 2022-106.

BACKGROUND:

On April 14, 2020, under Resolution No. 2020-48, the City Council approved the Professional Services Agreement with Albert A. Webb Associates, Inc. for the design of Sun Lakes Boulevard Extension (“Project”) in the amount of $548,416.05 with a 10% contingency of $54,841.61, for a total of $603,725.66.

On July 14, 2020, City Council adopted Resolution No. 2020-97, authorizing the City Manager to execute a Transportation Uniform Mitigation Fee (TUMF) Reimbursement Agreement with Western Riverside Council of Government (WRCOG) for up to $1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project. The TUMF 21 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 194
Staff Report: Resolution 2022-139, Amendment 1 to Webb Agreement for Sun Lakes Blvd Design October 11, 2022

funding would fully fund the environmental documentation (CEQA) and the design of the Project.

On February 11, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for out-of-scope 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.

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.

On May 12, 2022, Public Works Department approved a change order to the Professional Services Agreement with Albert A. Webb Associates, Inc. for additional out-of-scope work such as storm drain system design, environmental coordination with Wildlife Agencies and Western Riverside County Regional Conservation Authority (RCA), supplemental environmental documentation and jurisdictional delineation and permitting in the amount of $148,222. The change order increased the contract amount to $751,947.66.

JUSTIFICATION:

Throughout the design process and coordination with the various environmental regulatory agencies, several out-of-scope tasks were identified that were needed to be completed in order to continue progress on the Project leading to the change orders described in the background section of this report.

As a result of the extra work, Amendment No.1 will also extend the term of the Agreement to June 30, 2024.

FISCAL IMPACT:

An appropriation from the Measure A Fund in the amount of $148,222 to Account No. 101-4900-431.93-16 is necessary to cover the current change order $148,222 as described above. A contingency balance will remain equal to $23,883.48.

The project is fully funded by the TUMF program up to $1,000,000, therefore the additional expenditures related to Amendment No. 1 will be fully reimbursed by the TUMF program.

ALTERNATIVES:

1. Approve Resolution 2022-139

2. Do not approve Resolution 2022-139 and provide alternative direction to staff. 22 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 195
Staff Report: Resolution 2022-139, Amendment 1 to Webb Agreement for Sun Lakes Blvd Design October 11, 2022

ATTACHMENTS:

1. Resolution 2022-139
https://banningca.gov/DocumentCenter/View/11549/Att-1-Resolution-2022-139

2. Approved Resolution 2020-48
https://banningca.gov/DocumentCenter/View/11550/Att-2-CC-Resolution-No-2020- 048

3. Approved Resolution 2020-97
https://banningca.gov/DocumentCenter/View/11551/Att-3-CC-Resolution-No-2020- 097

4. Professional Services Agreement with Webb
https://banningca.gov/DocumentCenter/View/11552/Att-4-Professional-ServicesAgreement-with-Webb

5. Amendment No.1 to the Webb Agreement
https://banningca.gov/DocumentCenter/View/11547/Att-5-Amendment-No-1

6. Change Orders
https://banningca.gov/DocumentCenter/View/11548/Att-6--Change-Orders Approved by:

Douglas Schulze
City Manager
23 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 196

CHANGE ORDER
Change Order No. 2
Purchase Order No. 030269
Date 1/ 25/022
Agreement Date 6/ 23/020
Sheet 1 of 2
Owner: CITY OF BANNING
Project: 2020- 04 Sun Lakes Boulevard Extension
Contractor: Albert A. Webb and Associates
The following changes are hereby made to the Contract Documents:

JUSTIFICATIONS:

Out of scope work. Sediment Transport Study was needed to assess the potential sediment transport capacity at the proposed arched culverts crossings.

DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 197

CHANGE TO CON TRACT PRICE
Original Contract Price
Contract Price adjusted by previous
Change Order( s)
Contract Price due to this Change Order will
be ( increased)
New Contract Price including this Change Order

CHANGE TO CONTRACT TIME
Contract Time will be ( increased) Date
for Completion of all Work

APPROVALS REQUIRED
548, 416. 05
573, 399.0
5, 974. 88
579, 374. 18
12/ 31/ 2022
Current
580
Working Days) (Date) •
To be effective, this order must be approved by the Owner, or as may otherwise be required by the Supplemental General Conditions.

Recommended by:

Approved by:
geti,„ Y -63 - Date: II o2h l
aozz
Date: 1 Z Z
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RESOLUTION 2020- 97
ADOPT RESOLUTION 2020-97, AUTHORIZING THE CITY MANAGER

TO EXECUTE A TUMF REIMBURSEMENT AGREEMENT WITH WRCOG
FOR UP TO $ 1,000,000 IN TUMF FUNDS FOR THE SUN LAKES

BOULEVARD EXTENSION PROJECT
WHEREAS, Western Riverside Council of Government ( WRCOG) has developed and administers the Transportation Uniform Mitigation Fee ( TUMF) program, a regional fee program designed to provide transportation infrastructure to mitigate the impact of new growth in western Riverside County. The City of Banning is an active member in WRCOG; and
WHEREAS, as the program administrator, WRCOG allocates TUMF funds to a variety of agencies, including the Riverside County Transportation Commission ( RCTC), Riverside Transit Agency ( RTA), Western Riverside Regional Conservation Authority RCA) and western Riverside cities and Riverside County areas through applicable TUMF Zones; and
WHEREAS, the City of Banning is part of the Pass Zone along with the City of Calimesa, City of Beaumont and Riverside County ( District 5); and WHEREAS, the Pass Zone Transportation Improvement Program ( TIP), which included the Sun Lakes Boulevard Extension project, was approved by the WRCOG Executive Committee at its May 4, 2020 meeting; and
WHEREAS, the TUMF Reimbursement Agreement will provide up to $ 1,000,000 in TUMF funds in the form of a reimbursement to the City of Banning for expenditures related to the Sun Lakes Boulevard Extension project; and WHEREAS, the WRCOG Executive Committee approved the TUMF Reimbursement Agreement at its June 1, 2020 meeting.

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

Section 1. The Banning City Council adopts Resolution 2020- 97 authorizing the City Manager to execute the TUMF Reimbursement Agreement with WRCOG for up to 1,000,000 in TUMF funds for the Sun Lakes Boulevard Extension project.

Section 2. The City Manager or his designee is authorized to record the reimbursement funds and to make all necessary budget adjustments, appropriations and transfers related to the TUMF Reimbursement Agreement for the Sun Lakes Boulevard Extension project.

Resolution 2020- 97 1
DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 201
PASSED, APPROVED AND ADOPTED this 14th day of July, 2020.

ATTEST:

S~ Deputy City Clerk
City of Banning

APPROVED AS TO FORM
AND LEGAL CONTENT:
7~ %C/44
Kevin G. Ennis, Esq., City Attorney
Richards, Watson & Gershon
Resolution 2020- 97
Daniela Andrade, Mayor
City of Banning
2 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 202
CERTIFICATION:

I, Sonja De La Fuente , Deputy City Clerk of the City of Bann ing , Ca liforn ia , do hereby certify that the foregoing Reso lution No. 2020-97 , was adopted by the City Council of the City of Banning at a Regular Meeting thereof held on the 14th day of July , 2020 , by the following vote , to wit:

AYES : Councilmembers Happe, Pingree, Wallace, Welch and Mayor Andrade NOES: None
ABSTAIN: None
ABSENT: None
Sonja uente , Deputy City Clerk
City of Banning
Re solutio n 20 20- 97 3
DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 203
RESOLUTION 2020- 48

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF

THE SUN LAKES BOULEVARD EXTENSION FROM HIGHLAND HOME ROAD TO SUNSET AVENUE, TO ALBERT A. WEBB ASSOCIATES IN THE AMOUNT OF 548, 416. 05 AND APPROVING A 10% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF " NOT -TO -EXCEED" $603, 258. 05
WHEREAS, there is a current need for a new road on the south side of Interstate 10 to close a gap in the City' s street network from Highland Home Road to Sunset Avenue to reduce existing congestion at the Highland Springs Avenue interchange and to accommodate expected growth within the City; and
WHEREAS, on February 11, 2020, under Resolution 2020-1 the City Council accepted Lots A, D, E, F and G for the necessary right- of- way for the extension of Sun Lakes Boulevard from Highland Home Road to Sunset Avenue. The lots were originally offered to the City on Parcel Map 25541 approved on August 28, 1990, at which time the City deferred the approval of the right- of- way to a future date; and WHEREAS, on March 24, 2020, under Resolution 2020- 37, the City Council approved General Plan Amendment 19- 2502 and Environmental Assessment 19- 1503, a proposed amendment to the Circulation Element of the General Plan to modify the alignment of Sun Lakes Boulevard from its existing General Plan alignment with Lincoln Street to the proposed alignment with Westward Avenue following closely the right- of- way offered on Parcel Map 25541; and
WHEREAS, on February 18, 2020, staff released an Invitation for Bid for the Design of the Sun Lakes Boulevard Extension to five ( 5) consultants on the on -call engineering list approved by City Council on September 10, 2019 under Resolution 2019- 116 and received three ( 3) proposals ranging in costs from $ 508, 678 to $ 849, 674; and
WHEREAS, staff evaluated the proposals based on qualifications, cost, experience with the request scope of services and response to the request for proposals. As a result, staff recommends the award of a professional services agreement to Albert A. Webb Associates, in the amount of $548, 416. 05; and WHEREAS, the total project budget of $ 603, 258. 05, which includes a 10% contingency, will be funded by Measure A funds. The project costs are eligible and expected to be reimbursed by the Western Riverside Council of Governments ( WRCOG) via the Transportation Uniform Mitigation Fee ( TUMF) program. 1 Resolution 2020- 48
DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 204
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:

SECTION 1. The City of Banning City Council adopts Resolution No. 2020- 48 Professional Services Agreement for the Design of the Sun Lakes Boulevard Extension from Highland Home Road to Sunset Avenue, to Albert A. Webb Associates in the amount of $ 548, 416. 05 and approves a 10% contingency for a total project budget of "not -to -exceed" $603, 258. 05.

SECTION 2. City Council authorizes the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement with Albert A. Webb Associates and to approve change orders within the 10% contingency.

SECTION 3. The City Manager is authorized to execute the Professional Services Agreement with Albert A. Webb Associates.

SECTION 4. The City Clerk is authorized to certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions PASSED, APPROVED and ADOPTED this 14th day of April, 2020.

Daniela Andrade, Mayor
City of Banning
ATTEST:

Sonja D- a uente, Deputy City Clerk

APPROVED AS TO FORM AND
LEGAL CONTENT:

Kevin G. Ennis, Esq., City Attorney
Richards, Watson & Gershon
2 Resolution 2020- 48
DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 205
CERTIFICATION:

I, Sonja De La Fuente, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2020- 48 was duly adopted by the City Council of the City of Banning at a Regular Meeting thereof held on the 14th of April, 2020.

AYES: Councilmembers Happe, Pingree, Wallace, Welch & Mayor Andrade NOES: None
ABSTAIN: None
ABSENT: None
Sonja De 9 ente, Deputy City Clerk
City of Banning, California
3 Resolution 2020- 48
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2344655v8
AGREEMENT FOR PROFESSIONAL SERVICES (C00660) FOR THE

DESIGN OF SUN LAKES BOULEVARD EXTENSION BY AND

BETWEEN CITY OF BANNING AND ALBERT A WEBB ASSOCIATES
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 ALBERT A WEBB ASSOCIATES, a California corporation, (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals, the performance of the services for the design of Sun Lakes Boulevard extension prepared in connection therewith, and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 6/23/2020
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standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. This Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code. Therefore, as to those services that are “public works,” Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B hereto.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

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

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1.6 Prevention of Loss and Damages.

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

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

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

2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to five percent (5%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

1.9 Facilities and Equipment.

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

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1.10 Special Requirements.

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

1.11 Corrections.

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

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

1.12 Party Representatives.

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

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

Name Title
Dilesh Sheth Vice President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer.

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

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

1.13 Independent Contractor.

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

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

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

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 211
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than $ 548,416.05 (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Unauthorized Services and Expenses.

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

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section IV 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.

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

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

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3.4 Term.

The Term of this Agreement shall be from the Effective Date through October 3, 2022, 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.

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

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

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

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 214
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

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

4.4 Primary and Non-Contributing.

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

4.5 Consultant’s Waiver of Subrogation.

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

4.6 Deductibles and Self-Insured Retentions.

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

4.7 Cancellations or Modifications to Coverage.

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

4.8 City Remedy for Noncompliance.

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

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

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4.9 Evidence of Insurance.

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

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

4.10 Indemnity Requirements not Limiting.

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

4.11 Sub-contractor Insurance Requirements.

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

4.12 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnification of City.
1) Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify, and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c). 2) Other Indemnities. Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify 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 DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 216
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damages (collectively “Claims”), 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 Claims arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claims 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.
3) 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.3. 4) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities and Claims, in law or in equity, 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, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities and Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by court decision or by the agreement of the Parties.

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

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

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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 three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

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

5.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 218
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risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

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

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

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

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

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 219
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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 determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.

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

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

6.3 Retention of Funds.

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

6.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 220
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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 performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.

6.7 Termination Prior to Expiration of Term.

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

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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 performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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

Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 222
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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, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:

If to City Attn: Patrick Safari
Associate Engineer
City of Banning
99 East Ramsey Street
Banning, California 90220
Email: [email protected]
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With a courtesy copy to: Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
355 South Grand Avenue, 40th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Dilesh Sheth
Vice President
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
Email: [email protected]

8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

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

8.5 Severability.

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

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8.6 Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

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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 formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Sonja De La Fuente Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: 04/14/2020
Kevin G. Ennis, Esq., Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 Dilesh Sheth
Vice President
3788 McCray Street, Riverside, Ca 92506
6/23/2020
95-1723730
6/23/2020
6/23/2020
6/23/2020
DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 227
Exhibit “A”-1
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EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing design of Sun Lakes Boulevard extension prepared in connection therewith:

I. As part of the Services, Consultant will prepare and deliver the following tangible work products to City:

A. Consultant shall provide services necessary to provide a complete (construction ready) project.

Task 1. Project Management
The consultant shall attend regular status meetings with the City throughout the duration of the project as well as prepare monthly progress reports. The consultant shall develop and maintain a detailed work program and schedule the development of a project specific Work Plan. The Work Plan will include, at a minimum, details of methodology, sequence of tasks, lists of deliverables, milestone submittal schedule, summary of organizational responsibilities and contacts, as well as reporting and invoicing procedures. The consultant will meet face to face with the Project Design Team (PDT) monthly. The consultant will be responsible to facilitate other meetings as necessary with City Departments and other key stakeholders, creating meeting agendas with input from the City and prepare and distribute meeting minutes.

Deliverables: Work Plan, Monthly Progress Reports, Meeting Agendas and Meeting Minutes.

Task 2. Project Development

2.1 Data Collection and Site Reconnaissance
Consultant shall collect and review available existing reports, data, as-built plans, and information relevant to the project from the City, County and any other agency necessary to complete the work, including assessor’s information and any utilities that exist in the area. Consultant shall conduct a field investigation to familiarize the project team with the drainage conditions, flow patterns, existing design constraints and existing/ongoing improvements in the project area.

Deliverables: Field Review Notes, Photo Logs, Copies of Existing Data

2.2 Survey and Aerial Topographic Mapping
Consultant shall research available record information pertaining to the project including: Tract Maps, Records of Survey, Parcel Maps and Right-of-Way Maps.

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Exhibit “A”-2
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Consultant shall provide topographical mapping at 1-foot contour intervals and field surveying to identify existing topographical features. Tie out any and all survey monuments that may be disturbed by the work. Establish street centerline and centerline stationing to an accuracy of one-tenth foot (0.10’). Establish temporary benchmarks required for the work and provide all elevations, dimensions and other measurements necessary to establish proper line and grade.

Deliverables: AutoCAD drawing file of the survey points

2.3 Utility Research and Base Mapping
Consultant shall act on behalf of the City of Banning and contact all utility purveyors to determine if existing facilities are present in the area. Utility data shall be base mapped and include appropriate identification by their respective owner, location and size.

2.4 Public Outreach
Due to the number of residences and existing developments located adjacent to the project site, the Consultant shall include the necessary public outreach. At a minimum, this shall be conducted in an “Open house” fashion to give the adjacent neighbors a chance to learn about the project and note any potential concerns.

Deliverables: Letters to Utility Owners, Utility As-Built Maps, Utility Base Map Task 3. Preliminary Engineering Design

3.1 Roadway Geometric Approval Drawings (GAD’s)
Consultant shall analyze and prepare a proposed alignment consistent with the existing right-of-way and in accordance with the Caltrans Highway Design Manual for geometric features. It is anticipated that right-of-way will not be required as a part of this project; however, construction easements, slope easements, etc. may still be required. The GAD shall include typical cross sections as well as the identification of existing rights-of-way and property lines to determine any need for right-of-way or easements.

Deliverables: Geometric Approval Drawings (30% Complete Plans), Preliminary Cost Estimate, Preliminary Right-of-Way Requirements Map

3.2 Preliminary Roadway Drainage Plans
Consultant shall prepare drainage design for the proposed improvements in accordance with the Riverside County Flood Control and Water Conservation District (RCFC&WCD) design standards. The consultant shall review any available hydrology reports and prepare necessary analysis in accordance with RCFC&WCD DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 229
Exhibit “A”-3
11303-0008\2431284v2.doc
as well as City requirements to determine the amount of drainage tributary to the project area and to review the capacity of existing drainage facilities. Consultant shall review public agency’s available hydrology/hydraulic and storm drain plan records for existing drainage facilities within and adjacent to the project site.

Existing drainage patterns and runoff tributary areas to the site shall be determined.

Consultant shall perform necessary analysis to determine hydraulic function and size of necessary facilities.

Deliverables: Drainage Design Report, 30% Drainage Plans (shown on the GAD) Task 4. Environmental Documentation
Consultant shall identify environmental impacts under California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) if necessary.

Environmental services shall include identification and preparation of an Initial Study Assessment, technical studies and environmental document for City review and approval as necessary for CEQA clearance. The City currently anticipates an IS/MND as the appropriate CEQA document for the project. The Consultant shall evaluate the City’s recommendation and determine if the IS/MND is the appropriate document for this project. Based on this assumption, the proposal should include timing and cost breakdowns for the initial assessment, as well as costs associated with potential focused surveys. At a minimum, the consultant shall address:

4.1 Traffic Impact Analysis
Consultant shall prepare a TIA for the proposed improvements for CEQA documentation. The study will address the changes in traffic volumes and patterns in the immediate vicinity. At a minimum, the study shall look at adjacent intersections to determine if traffic controls (stop control, traffic signals, etc.) are required. The consultant shall assume that Vehicle Miles Traveled (VMT) analysis will be required in conformance with SB 743.

4.2 Air Quality and Greenhouse Gas
These studies will be used in the CEQA review. The studies should include a written report (with photos of the site) discussing air quality and greenhouse gas impacts.

4.3 Biological Study
Based on the recent Negative Declaration for the modification to the City’s General Plan Circulation Element, at a minimum this shall include a burrowing owl survey and Los Angeles Pocket Mouse Survey. An MSHCP consistency analysis will need to be completed as a part of this study. The necessary habitat assessments shall include written reports (with photos of the site) indicating whether or not the site contains suitable habitat.

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Exhibit “A”-4
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4.4 Cultural Study and Paleontological Resources Report The Cultural Study and Paleontological Resources Report should include a written report following the guidelines for Archaeological Resource Management Reports prepared by the California Office of Historical Preservation, Preservation Planning Bulletin 4(a), December 1989. AB52 compliance shall also be included in the scope of services.

4.5 Noise Study
The Noise Study shall include a written report (with photos of the site) identifying short- and long-term noise impacts, and any mitigation measures required to reduce these impacts to less than significant. Deliverables: CEQA IS/MND, Responses to Comments, Copies of Studies, Correspondence.

Task 5. Final Design Reports and Studies
Consultant shall provide final Design Reports and Studies necessary to complete the project. The following recommendations may be necessary:

5.1 Utility Coordination
Review and verification of facilities that may be in conflict based on results of potholing; relocation of any existing utilities determined to be in conflict; liability for all utility conflicts; agreements as necessary; issuance of notices to relocate as necessary.

5.2 Geotechnical Design Report
Structural conditions and recommendations that may include over excavation and recompaction areas or surcharges; all necessary analysis for proper design of the project objectives, R-values of subgrade material and the structural section of the roadway using the latest traffic index.

5.3 Supplemental Design Surveys
Provide potholing map as necessary for utility surveying in the field; establish potholing location and record elevations of any utilities located.

5.4 Storm Water Pollution Prevention Plan (SWPPP)
In compliance with National Pollution Discharge Elimination system (NPDES) requirements as well as Construction General Permits; address project’s risk level; provide Notice of Intent (NOI) and assist with uploading NOI & SWPPP into the “SMARTs” system.

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Exhibit “A”-5
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Deliverables: Utility Correspondences (i.e. Relocation Claim Letters, Agreements, Notice to Relocate, etc.), Final Studies/Reports.

Task 6. Final Design Plans, Specifications and Estimates Consultant shall prepare a complete set of improvement plans compatible with AutoCAD 2019. PS&E submittals will be required at the 60%, 90% and 100% design intervals. The plans shall include a cover sheet with all sheets using the City title block and prepared in accordance with the regulations and standards of the City of Banning. At a minimum, the plans shall include the following new, modification or relocation of existing improvements:
· Street Improvements
· Grading
· Easement Documents
· Sidewalk, Curb & Gutter
· Retaining Walls and/or Structures
· Storm Drain
· Landscape & Irrigation
· Signing & Striping
· Erosion Control and Storm Water Pollution Prevention Plan (if necessary) · Construction Options, Phasing and Detour Plans
· Street Lighting, Traffic Signals and Modifications
· Utilities
· Intersecting Street Designs
· Driveway Approaches
· Record of Existing Survey Monuments
· Other Related Work
Consultant shall address all plan check comments, to the satisfaction of the City Engineer. Final Plans shall be submitted on 24” X 36” mylars Deliverables: 60%, 90%, 100% PS&E Submittals, Final PS&E, Electronic Versions of each Submittal.

Task 7. Permitting
Consultant shall investigate and process all required permits if necessary, including, but not limited to the following: Riverside County Flood Control & Water Conservation District, National Pollution Discharge Elimination System, U.S.

Army Corps of Engineers, California Department of Fish and Wildlife, State of California Water Resources Control Board, and Regional Conservation Authority.

Deliverables: Correspondence with Various Agencies, Permit Applications and Final Permits
Task 8. Bidding/Construction Support
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Exhibit “A”-6
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Consultant shall be available during the advertisement and construction of the project to answer RFI’s as well as prepare necessary addenda. The consultant shall plan to attend, at a minimum, the following meetings: pre-bid meeting and preconstruction meeting. The Consultant shall review shop drawings and submittals from the contractor for conformance with the contract plans and specifications, and make recommendations for acceptance, denial or re-submittal within reasonable time of receipt. Upon written authorization from the City, consultant shall provide engineering design services for revisions to construction documents resulting from changed or unforeseen conditions, or other change order work required due to actions of the City. The Consultant shall assume a minimum of eight (8) site visits during construction as requested by the City. Upon completion of the project, the consultant shall use information based on redlined information provided by the contractor and the City to prepare as-built plans. As-built plans shall be submitted to the City within one (1) month of receipt of as-built plans.

Deliverables: Meeting Attendance, Response to Bidder’s/Contractor’s RFIs, Design Addenda, Submittal Reviews, As-Built Plans
II. 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 or teleconference.

B. Email updates/questions to applicant team and City while reviews are underway.

C. Conference calls.

III. All work product is subject to review and acceptance by City, and must be revised by Consultant without additional charge to City until found satisfactory and accepted by City.

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Exhibit “B”-1
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EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

7. Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records.

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Exhibit “B”-2
11303-0008\2431284v2.doc

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

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

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

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

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

11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Date______________ Signature___________________________ DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 6/23/2020
DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 235
Exhibit “B”-3
11303-0008\2431284v2.doc

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

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Exhibit “C”-1
11303-0008\2431284v2.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates.

TASK DESCRIPTION SUB-BUDGET

1. Project Management $19,970

2. Project Development $26,206

3. Preliminary Engineering Design $76,154

4. Environmental Documentation $159,470

5. Final Design Report and Studies $67,250

6. Final Design, Specifications and Estimates $183,236

7. Permitting $11,130

8. Bidding/Construction Support $5,000
TOTAL $548,416.05
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.

IV. The total compensation for Services shall not exceed $548,416.05 as provided in Section 2.1 of this Agreement.

V. Consultant’s billing rates for all personnel are attached as Exhibit C-1.

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Exhibit “D”- 1
11303-0008\2431284v2.doc
EXHIBIT “D”

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

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.

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Exhibit “D-1”- 1
11303-0008\2431284v2.doc
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 DocuSign Envelope ID: 5506D702-AAA7-48B1-AC91-3BB493FABE06 239
5 Section D. Project Schedule
ID Task Name Duration Start Finish Predecessors
1 Contract Award 0 days Mon 6/1/20 Mon 6/1/20
2 Project Kick‐Off Meeting 0 days Mon 6/1/20 Mon 6/1/20 1 3 Task 1 ‐ Project Management 550 days Mon 6/1/20 Fri 7/8/22 4 1.1 ‐ Coordination and Meetings (Prepare Agendas and Minutes) 550 days Mon 6/1/20 Fri 7/8/22 2 5 1.2 ‐ Prepare Monthly Progress Reports and Work Plans 550 days Mon 6/1/20 Fri 7/8/22 2 6 1.3 ‐ Coordination with Stakeholders and Agencies 300 days Mon 8/31/20 Fri 10/22/21 2 7 Task 2 ‐ Project Development 120 days Mon 6/1/20 Fri 11/13/20 8 2.1 ‐ Data Collection and Site Reconnaissance 30 days Mon 6/1/20 Fri 7/10/20 2 9 2.2 ‐ Survey and Aerial Topographic Mapping 30 days Mon 7/13/20 Fri 8/21/20 8 10 2.3 ‐ Utility Research and Base Mapping 30 days Mon 7/13/20 Fri 8/21/20 8 11 2.4 ‐ Public Outreach 60 days Mon 8/24/20 Fri 11/13/20 10 12 Task 3 ‐ Prelinimary Engineering Design 90 days Mon 8/24/20 Fri 12/25/20 13 3.1 ‐ Roadway Geometric Approval Drawing (GAD) 90 days Mon 8/24/20 Fri 12/25/20 10 14 3.2 ‐ Preliminary Roadway Drainage Plans 90 days Mon 8/24/20 Fri 12/25/20 10 15 Task 4 ‐ Environmental Documentation 450 days Mon 5/4/20 Fri 1/21/22 16 4.1 ‐ Traffic Impact Analysis 180 days Mon 12/28/20 Fri 9/3/21 13 17 4.2 ‐ Air Quality and Greenhouse Gas 180 days Mon 12/28/20 Fri 9/3/21 13 18 4.3 ‐ Biological Study 325 days Mon 5/4/20 Fri 7/30/21 19 4.4 ‐ Cultural Study and Paleontological Report 65 days Mon 5/4/20 Fri 7/31/20 20 4.5 ‐ Noise Study 180 days Mon 12/28/20 Fri 9/3/21 13 21 4.6 ‐ CEQA Documentation 100 days Mon 9/6/21 Fri 1/21/22 16,17,18,19,20 22 Task 5 ‐ Final Design Reports and Studies 180 days Mon 6/1/20 Fri 2/5/21 23 5.1 ‐ Utility Coordination 30 days Mon 6/1/20 Fri 7/10/20 2 24 5.2 ‐ Supplemental Design Survey 30 days Mon 12/28/20 Fri 2/5/21 13 25 5.3 ‐ Storm Water Pollution Prevention Plan (SWPPP) 60 days Mon 8/24/20 Fri 11/13/20 10 26 Task 6 ‐ Final Design Plans, Specifications and Estimate 380 days Mon 12/28/20 Fri 6/10/22 27 Preparation of 60% Plans 120 days Mon 12/28/20 Fri 6/11/21 13 28 City Review of 60% Plans 30 days Mon 6/14/21 Fri 7/23/21 27 29 Preparation of 90% PS&E 90 days Mon 7/26/21 Fri 11/26/21 28 30 City Review of 90% PS&E 30 days Mon 11/29/21 Fri 1/7/22 29 31 Preparation of 100% PS&E 60 days Mon 1/10/22 Fri 4/1/22 30 32 City Review of 100% PS&E 30 days Mon 4/4/22 Fri 5/13/22 31 33 Approval of PS&E Package 20 days Mon 5/16/22 Fri 6/10/22 32 34 Task 7 ‐ Regulatory Permitting 180 days Mon 1/24/22 Fri 9/30/22 21 35 Task 8 ‐ Bidding / Construction Support 30 days Mon 10/3/22 Fri 11/11/22 34 6/1
6/1
May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Qtr 3, 2020 Qtr 1, 2021 Qtr 3, 2021 Qtr 1, 2022 Qtr 3, 2022 Sun Lakes Blvd. Extension in the City of Banning

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AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT (C00660)

FOR THE DESIGN OF SUN LAKES BOULEVARD EXTENSION BY AND
BETWEEN THE CITY OF BANNING AND ALBERT A. WEBB ASSOCIATES THIS AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL
DESIGN SERVICES (“Amendment No. 2”) 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-of-scope 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 Fifty-One 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. City and Consultant now desire to amend 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 ($496,079.00) for a total not to exceed amount of One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six 241
Cents ($1,248,026.66).

TERMS

1. Contract Changes. The Agreement is amended as provided herein. (a) Section 2.1 – “Contract Sum” of the Agreement is amended to provide that Consultant’s total compensation shall not to exceed One Million Two Hundred Forty-Eight Thousand Twenty-Six Dollars and Sixty-Six Cents ($1,248,026.66). (b) Section 3.4 – “Term” of the Agreement is hereby amended to extend the Agreement term to June 30, 2025.
(c) Section 1.1, Exhibit “A” and Exhibit "D" - 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.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2 , all provisions of the Agreement as amended by Amendment Nos 1, shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendments Nos. 1 through 2 to the Professional Services Agreement. 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 2, the provisions of this Amendment No. 2 shall control.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid and binding obligation.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

5. Authority. The persons executing this Amendment No. 2 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. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other Agreement to which said party is bound.

6. Counterparts. This Amendment No. [Insert amendment number] may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

7. 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 242
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]
243
IN WITNESS WHEREOF the Parties hereto have executed this Amendment No. 2 to the Agreement the day and year first hereinabove written.

CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
Dilesh Sheth Date
Vice President
NAME: Date
TITLE:

ATTEST:

Caroline Patton Date
Deputy City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
95-1723730
Tax ID No.

Address:
3788 McCray Street
Riverside, CA 92506
Serita R. Young Date
City Attorney
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.
244
G:\Proposals\FORMAL PROPOSALS\City of Banning\015921 Sun Lakes Change Order\Sun Lakes _Additional Engineering and Env Services_2023-07-06.docx July 6, 2023
Mr. Patrick Safari
CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
RE: Request for Additional Engineering and Environmental Services for the Sun Lakes Blvd. Extension Project (C00660)
Dear Patrick,
Albert A. Webb Associates (WEBB) respectfully submit this change order for additional Engineering and Environmental Services for the revised alignment of the Sun Lakes Boulevard Extension Project (C00660). It is necessary to revise the alignment of this roadway as it is infeasible to obtain an easement from Kinder Morgan to place the road atop their existing high-pressure gas line.

WEBB has been contracted by the City of Banning to provide engineering and environmental services for the Sun Lakes Blvd. Extension Project. The following are outof-scope additional task items to be provided by WEBB for the proposed revised alignment of Sun Lakes Boulevard:
• Update final design plans and documents
• Revised CEQA Document
• Revised Technical Studies (Biological, Cultural, and Air Quality/GHG/Energy) • Revised Jurisdictional Delineation and Permitting
• Utility coordination
• Project Management, Coordination, and Meetings
At this time, we are respectfully requesting compensation for the tasks already completed and the future tasks to be completed as outlined below.

Attachment "1"
245
EXHIBIT "A" SCOPE OF SERVICES
The proposed Sun Lakes Boulevard Extension project (Project) is a project that entails the construction of a new section of Sun Lakes Boulevard from Highland Home Road to Sunset Avenue. The proposed Project is approximately 5,400 linear feet (1.02 mile) long and 110 feet wide and will be constructed according to the City's General Plan Typical Section for an Arterial Highway.

Westward Avenue is a straight east-west unpaved dirt road between Highland Home Road and Sunset Avenue. Kinder Morgan has two fuel lines (16- and 20-inch diameters) in two 20-feet wide easements along Westward Avenue. The proposed Sun Lakes Boulevard curvilinear alignment overlaps Westward Avenue and Kinder Morgan easements, as shown in Figure 1. Initially, Kinder Morgan had no issue with roadway construction over their easements. Later, Kinder Morgan changed their policies to restrict roadway improvement over their lines and directed the City to realign Sun Lakes Boulevard to minimize the impact on Kinder Morgan fuel lines.

Sun Lakes Boulevard Circulation Plan Alignment
Figure 1
WEBB had already completed draft CEQA documents and associated technical studies and substantially completed final design plans, studies, and documents for the Project. Now, WEBB prepared a preliminary realignment of Sun Lakes Boulevard, as shown in Figure 2. Since the completion of the draft CEQA document and associated technical studies, the alignment for Sun Lakes Boulevard will be modified to an area that falls outside the previously surveyed areas in some places. Therefore, updates to the CEQA document and the relevant technical studies are needed now. In addition, redesigning all final design documents and update of studies and documents are needed.

Sun Lakes Boulevard Realignment to Minimize Impacts on Kinder Morgan Fuel Lines Figure 2
Based on the feedback we received at the pre-application meeting with resource agencies on June 14, 2023, they understood the Kinder Morgan easement challenges. They agreed with the City to allow roadway realignment, as shown in Figure 2 above.

The City has received substantial funds for the Project and would like to move forward as soon as possible to meet the funding deadlines. The following is our understanding of the Project to complete the PS&E:

Attachment "1"
246

1. Drainage Report and Storm Drain Improvement Plans - Minor updates to the drainage report will be required. Storm drain alignments and elevations will remain the same; minor changes may be needed. Headwall and wing wall changes will be required to match the street improvement plans.

Plans will be submitted for 90%, 100%, and approval.

2. Street Improvement Plans – Try to hold the profile over the storm drains. Revise street improvement plans and profiles for the realignment. Redesign and detail out 7-ADA ramps. No driveways, ADA ramps, and curb ramps will be provided along the alignment. We will provide AC berm at the proposed driveways per City’s request. We will be submitted for 90%, 100%, and approval.

3. Signing & Striping Plans – Revise plans per the realignment and submit for 90% and 100% for approval.

4. Street Light Location Plans – Revise street light location plans per the revised alignment and submit for approval for 90% and 100%. The City will prepare street light conduit and conductor plans.

5. Landscape and Irrigation Plans – Because of budget constraints, the City decided not to landscape the parkway and median at this time, so an update of plans will not be required. The City would like to install sleeves with the Project to avoid future trenching across the pavement. The conduit sleeves will be shown on the street improvement plans.

6. Coordination with the Developer – The City will coordinate with the developer. WEBB will not be required to attend meetings and provide coordination with the developer. WEBB's scope of work includes legal & plats and exhibits needed to obtain right-of-way and easement for the roadway and storm drain improvement. The developer will analyze any impact on future development.

7. Potholing – We will prepare an exhibit for approximately 40 potholes. The City will coordinate and hire a potholing contractor to perform the work. WEBB will conduct the field survey and collect data points set by the potholing contractor.

8. Coordination with Kinder Morgan – Even with the roadway realignment, approximately 500' on both ends will impact Kinder Morgan fuel lines. We have estimated our effort under utility coordination and meetings. It is very hard to predict the effort required to estimate effort to obtain Kinder Morgan approval and to meet the Federal Energy Regulatory Commission (FERC) requirements. We have added optional items and a budget to provide additional effort if needed.

9. Out-of-scope services – We will obtain authorization from the City for the out-scope services before beginning out-of-scope tasks.

Attachment "1"
247
Our scope of services is as follows:

Task 1 – Update Final Design Plans, Studies, and Documents

1.1 – Street Improvement Plans
Additional work includes the following items:
a. Update of horizontal alignment to minimize impacts to Kinder Morgan fuel lines. b. Update the vertical centerline, curbs, and right-of-way profiles. c. Update grading limits. The grading limits will consider cut and fill amounts, environmental impact, and resources.
d. Revise raised medians layout and profiles
e. Update sidewalks, ADA ramps, and driveways design and details. f. Review utility adjustment and relocation and update plans and construction notes.

1.2 – Storm Drain System Design
The approved scope and budget for the Project included a task for the development of a preliminary roadway drainage design and tasks for a final drainage report and storm drain plans. The preliminary drainage design task included a preliminary hydrology and hydraulic analysis, preliminary scour calculations, preliminary plans, and a preliminary drainage report. The preliminary design was completed and submitted in November of 2020.

After the preliminary design was completed, concerns were raised by the resource agencies, which necessitated a sediment transport study be prepared for the Project. This study was completed and concluded that revisions to the culvert configuration were needed to address those concerns. WEBB's efforts to coordinate with the sediment transport study engineer and develop a revised design concept were covered under both a separate approved change order and the remaining preliminary design task budget.

A change order was also approved by the City to update the plans based on the revised concept. This change order included updating the drainage report, update of the drainage plan sheets, and preparation of structural details and calculations.

As WEBB was proceeding with the updates to the design, input was received from Kinder Morgan stating that the drainage outlet structures would not be permitted within their easement. WEBB was then directed to stop work while the City coordinated with Kinder Morgan. WEBB was authorized by the City in January 2023 to proceed. An additional redesign of the outlet structures was completed to ensure that they did not encroach into the easement as requested.

After the redesign was substantially complete, WEBB was given direction to realign the street to minimize the impact on the existing Kinder Morgan easement. This change will require a redesign of the channel inlet and outlet structures, a redesign of the street storm drains, and a redesign of the intercept drain on the northerly side of the street. The drainage plans will also need to be redrafted. The hydraulic calculations (HEC-RAS, WSPG, etc) and drainage report will also need to be updated for these changes. The structural design work that has been started will also need to be redone. Added to this work is also an update to the preliminary geotechnical report to provide all the parameters needed to finalize the structural design calculations.

Attachment "1"
248

1.2.1 - Final Drainage Report Update - Additional work items include:
a. Due to road realignment, update the HEC-RAS model for updated inlet/outlet configuration. b. Update WSPG calculations for culverts, new street storm drains, and intercept drain designs. c. Update report text and exhibits to reflect revised road alignment. d. Address additional plan check comments.

1.2.2 – Storm Drain Plan Update – Additional work items include:
a. Update the design and plan details for the outlet structures to avoid the Kinder Morgan easement. b. Update design and plans due to the road realignment (channel inlet and outlets, street storm drain, northerly intercept ditch, and appurtenances).
c. Coordination with WEBB environmental team for the information requested and/or needed.

1.2.3 - Structural Design Details - Additional work items include:
a. Update structural calculations for revised inlet and outlet configuration. b. Coordination with the geotechnical engineer for information required for structural design. c. Review of Geotechnical report of adjacent development provided by City. d. Update of Preliminary Geotechnical report by sub-consultant.

1.2.4 – Assessment of Potential Sediment Transport Impact - Additional work items include:

A study is to be conducted to assess the potential sediment transport impacts associated with the improvement of Sun Lakes Boulevard. The proposed road improvements involve the addition of several new culvert crossings that are to be constructed upstream of two existing dry weather crossings. The proposed culvert crossings have increased in size since the hydraulic assessment previously conducted by Northwest Hydraulic Consultants (NHC) in 2021. The existing dry weather crossings are to remain in place with the proposed road improvement plan.

Impacts on sediment transport will depend on the configuration proposed for the new crossings. A high-level assessment of the potential effects will be completed through a comparison of hydraulic characteristics pre- and post-project.

We will evaluate (existing conditions models, also developed previously provided for the 2021 NHC study) 2D model hydraulic models (HEC-RAS) of the proposed improvement plan.

Assumptions:
a. The Resource Agencies are currently reviewing the HEC-RAS model prepared for the revised culvert concept. WEBB will proceed with the final design phase ahead of Resource Agency approval under the assumption that they will not have any comments that will impact the culvert design or analysis.

This additional budget request does not include any additional changes to the culvert analysis or design resulting from future Resource Agency comments.
b. It is assumed that the Caltrans Standard Detail D81 for double-cell reinforced concrete boxes can be utilized for the multi-cell boxes required for this Project, and no special structural design is required for these culverts.
c. The final plans and analysis will be designed with the assumption that the future Sunset Crossing project will be designed and built after the roadway project is completed. This additional budget request does not include any additional design or analysis required to assess changes to the roadway design or hydraulic analysis based on this future Project. It also assumes that drainage facilities for the Sunset Crossroads property (outside of the street right of way) will be designed and constructed by the developer's plans and is not a part of the road project scope.

Attachment "1"
249

1.3 – ROW and Easement Documents
We will prepare and update fourteen (14) documents needed for additional right-of-way and easements.

1.4 – Signing & Striping Plans
Update signing & striping plans for the revised alignment.

1.5 – Street Light Location Plans
a. Update street light location plans for the revised alignment.

1.6 – Specifications
The City will provide us with its boilerplate Technical Provisions in Microsoft Word format. We will compile the project specifications, including the project-specific scope of work in the Technical Specifications, and provide Special Technical Provisions beyond the City's Standard Technical Provisions. With each submittal, WEBB will provide a bid schedule, special provisions, and technical specifications. The specifications shall be signed by a Civil Engineer registered in the State of California as complete and ready for bidding purposes and awarding contracts for construction for the improvements. The latest edition of the Greenbook (Standard Specifications for Public Works Construction and subsequent amendments) will be used on the Project, except for the signing/striping elements. The City and Caltrans Standard Specifications will be used for these improvements. The City will prepare the bid book.

1.7 - Cost Estimates
We will provide a construction quantity and cost estimate with each submittal of plans. The unit costs shall be based upon the most current cost information for recent similar projects in the area compiled by us and approved by the City. The estimated items of work with quantities shall include, but not be limited to, itemizing all removals, clearing and grubbing, relocations, sidewalk, curb & gutter, driveway approaches, Asphalt Concrete (AC), utility improvements, applying/painting of pavement legends & striping, signs, traffic control, raised pavement markers, street lights in City limits, storm drain improvements, and project identification and completion signs. The estimates will also include probable costs for utility relocations, right-of-way, and temporary construction easements.

Task 3 – Revised Environmental Documentation
Since the completion of the draft CEQA document and associated technical studies, the alignment for Sun Lakes Boulevard has been modified to an area that, in some places, falls outside the previously surveyed areas. Therefore, updates to the CEQA document and the relevant technical studies are needed at this time.

3.1 - Revised Cultural Resources Study – Additional work items include:
a. Applied Earthworks (AE), WEBB's cultural resources subconsultant will conduct a complete and intensive cultural resource survey of the additional Project acreage. Two previously documented cultural resources (a large farm/ranch complex and a large historic water-control complex) are located within the expanded Project area. AE will confirm the location of these previously identified resources in proximity to the expanded Project area and assess their current condition.

Attachment "1"
250
b. AE will update the Phase I Cultural Resources Assessment (Phase I CRA) and paleontological memorandum to include the additional Project acreage, as well as add language regarding federal funding. This scope includes two rounds of comments following the City review of the draft updated Phase I CRA and no major revisions will be required. The draft updated Phase I CRA and paleontological memorandum will be submitted electronically in MS Word format for ease of review; the final updated Phase I CRA and paleontological memorandum will be submitted electronically as a PDF file.

3.2 - Revised Biological Resources Studies – Additional work items include:
a. WSP USA Environment & Infrastructure Solutions (WSA),1 WEBB's biological resources
subconsultant will revise the figures and exhibits, recalculate impacts, and update the previously finalized versions of the following reports to include the revised street alignment (Project footprint). The updated draft reports listed below will be submitted electronically for ease of review; the final revised reports will be submitted electronically as PDF files.

1. Habitat Assessment/Western Riverside County Multiple Species Habitat Consistency Analysis,

2. Focused Burrowing Owl Survey,

3. Narrow Endemic and Criterial Area Plants Survey,

4. Los Angeles Pocket Mouse Protocol Survey

5. Determination of Biologically Equivalent or Superior Preservation (DBESP)

6. West and Dry Season Fairy Shrimp Survey Memo Update

3.3 - Additional Environmental Coordination – Additional work items include:

WEBB has expended all original budgets associated with coordination and meetings with the Regional Conservation Authority (RCA) and regulatory agencies (US Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board and US Fish and Wildlife Service). Given that a meeting has been scheduled for June 14, 2023 with the RCA and regulatory agencies, and since there will be pre- and post- meeting coordination needed with the City and WEBB Team, additional request for budgets to do this meeting, along with more frequent coordination with the City as the revised CEQA document is underway, will also be needed.

3.4 – Revised Environmental (CEQA) Documentation – Additional work items include:

The Initial Study/Mitigated Negative Declaration (IS/MND) in addition to the CEQA notices for the original proposed alignment have been prepared. The IS/MND was ready to be released in January 2024 for public review prior to the decision to revise the Project alignment. Because the Project footprint has changed and revised biological resources reports, cultural report, and jurisdictional delineation must be prepared, additional budget is needed to revise and complete processing the IS/MND for public review through the Final MND phase. We are asking for an additional task authorization to complete this task since the budget originally allocated has been expended.

This scope does not include updating the air quality/greenhouse gas analysis completed in November 2021, which was prepared using the California Emissions Estimator Model® version 2020.4.0 (CalEEMod) model.

The California Air Pollution Control Officers Association (CAPCOA) released CalEEMod version 2022.1 in December 2022. However, WEBB is not proposing to redo the air quality/greenhouse gas analysis using 1 Wood Environment Infrastructure Solutions, Inc. was acquired by WSP.

Attachment "1"
251
the new model because: (i) the analysis was completed before the new model was released; (ii) there are no substantial changes to the Project that would warrant remodeling construction impacts; (iii) this is a capital improvement project; and (iv) and the results of the original air quality/greenhouse gas analysis were well below the numeric thresholds that would indicate a potentially significant impact. In the event comments are received during the public review period for the IS/MND, WEBB would address that in the responses to comments and explain the rationale for not remodeling the Project's air quality/greenhouse gas emissions.

Task 4 - Jurisdictional Delineation and Permitting
The original field surveys for the jurisdictional delineation (JD) were completed summer 2021, exhibits prepared, impacts calculated, and these results were presented to the resource agencies. WEBB will update the previous JD, to cover the new areas proposed by the revised Project alignment, including a 100-foot survey buffer. Specifically, WEBB will update the existing JD report with regulatory changes that have occurred since preparation of the original 2021 JD report. Following the literature review update, WEBB will conduct a one-day site visit to the revised Project site to document suspected wetlands and non-wetland waters of the U.S, waters of the State located outside federal jurisdiction, and streambed according to Fish and Game Code.

Waters of the U.S. will be evaluated using the methodology set forth in the guidelines provided in the Corps of Engineers Wetlands Delineation Manual (1987), the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), and the 2008 Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. Potential Waters of the State that are outside of federal jurisdiction will be identified following the Procedures for Discharges of Dredged or Fill Material to Waters of the State. Fish and Game Code, Section 1600 et al streambed will be identified as the bank-to-bank where the active streambed shows the fullest expression on the landscape.

After the site-visit is completed, WEBB will update the JD report with the new data collected from the site visit including tables, figures, and impacts discussion. The report will be prepared following the 2017 U.S Army Corps of Engineers (USACE), Minimum Standards for Acceptance of Aquatic Resources Delineation Reports. The JD report will provide an analysis and discussion of the existing site conditions, methods, and results of the delineation, including details such as soil types, hydrology, and vegetation present on the site.

The report will also provide a discussion of the impacts proposed to any jurisdictional areas, including photographs and exhibits depicting any jurisdictional features.

Task 5 – Utility Coordination and Additional Field Survey for Potholing (Time and Material Basis) WEBB will Identify all known utilities that potentially conflict with the planned project improvements and determine special requirements for facilities, including protection, relocation, right-of-way easements, and construction. WEBB will coordinate with utility companies to schedule the relocation of the utilities before the start of construction.
a. Coordinate with Kinder Morgan to construct Sun Lakes Boulevard for segments east of Highland Home Road and west of Sunset Avenue.
b. Coordinate with City to relocate power poles and guy anchors and adjust electrical vaults. c. Coordinate with the City for relocation and adjustment of water valves, fire hydrants, blow-offs, air vacuum, and sewer manholes.
d. Coordinate with the Gas Company to relocate and adjust gas valves and electronic gas station.

Attachment "1"
252
e. Coordinate with telecommunication companies for the adjustment of telecommunication manholes.
f. Attend six (6) meetings with utility companies.
g. We will prepare an exhibit for approximately 40 potholes. The City will coordinate and hire a potholing contractor to perform the work. WEBB will conduct the field survey and collect data points set by the potholing contractor.

Task 6 – Project Management, Coordination, and Meetings (Time and Material Basis) We will schedule and attend meetings as follows:
a. Project Development Team (PDT) meetings – We estimate twelve (12) meetings b. Environmental meetings - We estimate six (6) meetings We will schedule, chair, and prepare meeting agendas and meeting minutes. The agendas will be submitted to the City for review one working day before the meeting. The minutes will be distributed to all attendees, everyone invited, and the City's Project Manager within five working days after the meeting.

The minutes shall include but are not limited to a list of attendees with phone numbers and contact emails, a summary of discussion items, a decision log, ROW/Utility Tracking Sheets, any pertinent information, and follow-up to action items.

We will update project schedules. The project schedules will be divided into tasks and subtasks in full detail, including the City function timeline, critical path, and outside sources such as agencies or utilities.

Task 7 – Engineering Support Services for Environmental Documentation, Jurisdictional Delineation, and Permitting (Time and Material Basis)
We have been providing out-of-scope services for the realignment of the roadway and coordination with the City and resource agencies.

We will provide engineering support services for environmental documentation, jurisdictional delineation, and permitting.

Optional Task 8 – Additional Work for Kinder Morgan (Time and Material Basis) Even with the roadway realignment, approximately 500' on both ends will impact Kinder Morgan fuel lines.

We have estimated our effort under utility coordination and meetings. It is very hard to predict the effort required to estimate effort to obtain Kinder Morgan approval and to meet the Federal Energy Regulatory Commission (FERC) requirements. Any additional effort required beyond estimated under the utility coordination and meetings, with the approval of the City, WEBB will provide additional support services.

Attachment "1"
253
EXHIBIT "B" COMPENSATION FOR SCOPE OF SERVICES
Total fees for services shown in the Scope of Services (Exhibit "A") shall not exceed $496,079 without prior authorization from the client. If the optional Task 7 is to be conducted, the total shall be provided on a time and materials basis not to exceed $516,079 after City authorization for the task. We propose to provide details in Exhibit "A" for an initial Time & Materials fee to be billed monthly in accordance with the attached fee schedule.

Task budgets are estimates and may be used interchangeably to stay within the budget total. Any additional services requested outside this scope will be provided under separate contract addenda for additional fees.

Charges for deliveries, printing, copying, mileage, postage, outside services, and for coordination or other services not specifically listed in the scope of work (Reimbursable Expenses) will be billed on a time and material basis in accordance with our Schedule of Fees. Checking and/or filing fees are not included in this contract and shall be paid directly to the appropriate governmental agency by the client.

If you find this request acceptable, please issue contract amendment #1 with the current dollar amount to the Final Engineering Services contract dated June 23, 2020. We appreciate this opportunity to serve your firm and look forward to hearing from you. If you have any questions regarding this proposal, don't hesitate to contact me at 951-830-4305.

Sincerely,

ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE / TE
Senior Vice President
Attachment "1"
254
Exhibit B
Item Description
Stephanie Standerfer Cheryl DeGano Autumn DeWoody Marshall Paymard Field Biologist Virginia Waters Jacqueline Gamboa Joseph Caldwell Eric Hays Ranjit Singh Nathan Armendariz Dilesh Sheth Nicholas Keller Joy Schwiebert Son Le Deborah Saulina Danielle Logsdon Jason Ardery Michael Johnson Linda Bouschet Jon Ros Andres Lopez Party Chief/2-Person Survey Crew Total HoursSubtotal - Labor
Sub-consultant budget
Total/task
Classification
Principal IIPrincipal IIAssociate IIAssociate IIAssistant IIAssistant IIAssistant IIPrincipal IIPrincipal ISenior IIIAssistant VPrincipal IISenior IAssistant VAssociate IIAssistant IIISenior IIIPrincipal IIPrincipal IIAssociate IIISenior IISenior I Party
Chief/2-
Person
Billout Rate 293$ 293$ 197$ 197$ 135$ 135$ 135$ 293$ 279$ 252$ 173$ 293$ 232$ 173$ 197$ 144$ 252$ 293$ 293$ 208$ 240$ 232$ 302$ Task 1 - Update Final Design Plans, Studies, and Documents 24 62 168 430 30 208 108 48 60 110 8 16 110 14 1396 $ 295,874 $ 6,600 $ 302,474

1.1 Street i\Improvement Plans $ - $ - $ -
Update Street i\Improvement Plans 12 200 12 40 264 $ 61,724 $ - $ 61,724 Redesign ADA Ramps (7) 2 70 12 84 $ 15,720 $ - $ 15,720

1.2 Storm Drain System Design

1.2.1 - Final Drainage Report Update 8 20 50 2 8 4 4 96 $ 19,588 $ - $ 19,588

1.2.2 - Storm Drain Plan Update 8 40 120 300 2 4 4 478 $ 97,814 $ - $ 97,814

1.2.3 - Structural Design Details 2 4 80 2 4 4 96 $ 17,576 $ - $ 17,576

1.2.4 - Assessment of Potential Sediment Transport Impact 8 4 8 2 4 4 30 $ 7,646 $ 6,600 $ 14,246

1.3 ROW and Easement Documents (14) 8 8 8 8 16 110 14 172 $ 38,296 $ - $ 38,296

1.4 Signing and Striping Plans 6 40 4 50 $ 9,494 $ - $ 9,494

1.5 Street Light Plans 16 4 20 $ 3,344 $ 3,344

1.6 Specifications 8 8 4 8 20 48 $ 11,612 $ - $ 11,612

1.7 Cost Estimate 8 8 4 8 8 8 14 58 $ 13,060 $ - $ 13,060 Task 3 - CEQA Compliance Services Revised Environmental Documentation 56 108 8 68 240 $ 58,808 $ 17,820 $ 76,628

3.1 Revised Cultural Resources Study 4 4 8 $ 1,712 $ 3,520 $ 5,232

3.2 Revised Biological Resources Studies 4 4 8 $ 1,712 $ 14,300 $ 16,012

3.3 Additional Environmental Coordination 40 60 100 $ 29,300 $ - $ 29,300

3.4 Revised CEQA Documentation 16 40 8 60 124 $ 26,084 $ - $ 26,084 Task 4 - Jurisdictional Delineation and Permitting 28 20 89 74 12 16 239 $ 49,955 $ - $ 49,955

4.1 Revised Survey, Mapping, Impact Calculation, Report Preparation, and Regulatory Permitting (includes optional UAV Remote sensing updates) 28 20 89 74 12 16 239 $ 49,955 $ - $ 49,955 Task 5 - Utility Coordination and Additional Field Survey for Potholing (T&M) 6 6 6 16 10 2 4 8 58 $ 12,942 -$ $ 12,942

5.1 Utility Coordination & Meetings (6) 6 6 12 6 30 $ 6,036 $ - $ 6,036

5.2 Additional Survey for Potholing 6 4 4 2 4 8 28 $ 6,906 $ 6,906 Task 6 - Project Management, Coordination & Meeting (T&M) 26 12 30 42 110 $ 24,598 $ - $ 24,598

6.1 Project Management and Coordination 8 12 20 $ 5,368 $ - $ 5,368

6.2 PDT Meetings (Estimate 12) 12 12 24 24 72 $ 15,096 $ - $ 15,096

6.3 Environmental Meetings (estimate 6) 6 6 6 18 $ 4,134 $ - $ 4,134 8 8 24 16 16 14 28 8 122
$ 29,482 -$ $ 29,482

7.1 Realignment and Pre-Coordination with Agencies 8 8 8 8 6 12 50 $ 12,882 $ - $ 12,882

7.2 Engineering Support Services for Environmental Documentation, Jurisdictional Delineation, and Permitting 16 8 16 8 16 8 72
$ 16,600 $ - $ 16,600
92 136 97 74 12 16 68 48 62 184 446 76 214 154 48 106 170 8 18 110 14 4 8 2165 $ 471,659 $ 24,420 $ 496,079 Optional Task 8 - Additional Work for Kinder Morgan (T&M) $ - $ 20,000 $ 20,000

8.1 Additional Work for Kinder Morgan $ - $ 20,000 $ 20,000 Total
Additional Engineering and Environmental Services for the Sun Lakes Blvd. Extension Project (C00660) Task 7 - Engineering Support Services for Environmental Documentation, Jurisdictional Delineation, and Permitting (T&M)
G:\Proposals\FORMAL PROPOSALS\City of Banning\015921 Sun Lakes Change Order\Sun Lakes CO 3 Budget_2023-07-06 7/6/202310:44 AM Attachment "1"
255
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
256 62
($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 257 63
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 258 64
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
259 65
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
260 64
($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.

Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 261 64
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 262 64
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
263 64
ATTACHMENT “1”
Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 264 64
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.

Docusign Envelope ID: 01A08EE0-B9E7-4A85-B399-92075202D3D3 265 64
WO: 2020-0126
City of Banning
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 268 64
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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 271 65
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
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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. 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 273 631
(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]
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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
275 633
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.

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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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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.

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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.

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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
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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 281 639
AMENDMENT NO. 6 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. 6 TO THE PROFESSIONAL SERVICES
AGREEMENT FOR SERVICES (“Amendment No. 6”) 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-of-scope 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 Fifty One 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 Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 4/6/2026
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Contract Sum by Four Hundred Ninety Six Thousand Seventy Nine Dollars ($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. On August 26, 2025, City and Consultant amended 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) as approved by Council Resolution No 2025-116.

J. City and Consultant now desire to amend the Agreement to extend the Term of the Agreement to December 31, 2027, and increase the Contract Sum to One Million Four Hundred Forty-Three Thousand Three Hundred Thirty Dollars and Sixty-Six Cents ($1,443,330.66).

The Parties therefore agree follows:

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

1.1 The maximum compensation for the Services performed pursuant to this Amendment No. 6 shall not exceed Seventy-Eight Thousand Six Hundred Twenty-Four Dollars ($78,624.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to One Million Four Hundred Forty-Three Thousand Three Hundred Thirty Dollars and Sixty-Six Cents ($1,443,330.66).

1.2 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through December 31, 2027, 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. 6, 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. 6, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment Nos. 1 through 6. In the event of a conflict between the provisions of this Amendment Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 283 622
No. 6 and the provisions of the Agreement or Amendments No. 1 through 6, the provisions of this Amendment No. 6 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. 6.

2.3 Authority. The persons executing this Amendment No. 6 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. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Amendment No. 6, and (iv) entering into this Amendment No. 6 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 6 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]
Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 284 623
The Parties are signing this Amendment No. 6 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
Administrative City Clerk

APPROVED AS TO FORM:

Slovak, Baron, Empey, Murphy & Pinkney
LLP
John O. Pinkney
City Attorney

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

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

Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F Vice President
Stephanie Standerfer
RESO 2026-56, 3/24/26.
285 624
January 15, 2026
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. 7- Proposal for Construction Engineering Support Services
Project: Sun Lakes Boulevard Extension Project (PSA C00660) Dear Patrick,
Albert A. WEBB Associates (WEBB) respectfully submits this proposal to provide Construction Engineering Support Services for the Sun Lakes Boulevard Extension Project. These services are designed to support the City of Banning during the construction phase of the Project and are consistent with the approved plans, technical specifications, City of Banning standards, and the Standard Specifications for Public Works Construction (Green Book).

WEBB has been contracted by the City of Banning to provide engineering services for the Sun Lakes Boulevard Extension Project. As the Project transitions into construction, additional engineering support is required to assist the City with material submittal reviews, responses to Requests for Information (RFIs), verification of grading quantities, preparation of record drawings, and participation in construction progress meetings.

The following proposal outlines WEBB’s understanding of the Project, the Exhibit “A” scope of services to be provided, and the Exhibit “B” proposed compensation for the scope of services.

If you find this proposal acceptable, please issue a contract amendment or task authorization to proceed. We appreciate the opportunity to continue supporting the City of Banning on the Sun Lakes Boulevard Extension Project. If you have any questions, please do not hesitate to contact me at 951-830-4305.

Sincerely,
ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE, TE
Senior Vice President
Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 286 625

PROJECT UNDERSTANDING
The Sun Lakes Boulevard Extension Project includes roadway, drainage, utility, signing, and striping, as well as related infrastructure improvements, between Highland Home Road and Sunset Avenue. During construction, the City requires ongoing engineering support to ensure the Project is constructed in general conformance with the approved plans, specifications, and City standards, while addressing field conditions, coordination issues, and Contractor inquiries.

The City will provide the construction management and inspection services, while WEBB will provide construction engineering support services.

EXHIBIT “A” SCOPE OF SERVICES
Task 1 – Construction Engineering Administration and Coordination WEBB will provide construction engineering support throughout the duration of construction, including:

Coordination with the City Construction Manager, Resident Engineer/Inspector, and Contractor
Interpretation of approved plans, specifications, and contract documents Engineering support related to constructability and field conditions Identification of potential impacts to design intent, scope, or schedule for City consideration
Task 2 – Material Submittal Review
WEBB will review Contractor material submittals for general conformance with the Contract Documents prior to construction or installation.

Services include:

Logging and tracking submittals
Coordinating multi-discipline reviews, as required
Providing consolidated written comments and disposition Reviewing resubmittals until an acceptable status is achieved Includes a total of 20 submittal and resubmittal reviews, with an average of 1 hour of Engineer review time and 0.5 hour of Project Coordinator time per review.

Required Material Submittals (as applicable):

Traffic Control Plans
SWPPP / WPCP (QSD/QSP certifications)
Earthwork and import/borrow material data
Aggregate base and asphalt mix designs
Portland cement concrete mix designs
ADA detectable warning surfaces
Storm drain pipe, structures, and appurtenances
Signing, striping, and traffic control devices
Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 287 626
Erosion control and BMP products
Final material certifications and warranties
Task 3 – Requests for Information (RFI) Review and Response WEBB shall provide comprehensive engineering support for the review, evaluation, coordination, and response to Contractor RFIs.

Services include:

Logging and tracking RFIs
Reviewing RFIs for completeness and clarity
Coordinating internally across disciplines
Coordinating with City staff when RFIs may affect scope, cost, or schedule Preparing written responses consistent with City standards RFIs shall be categorized by complexity to define the level of engineering effort required:

A. Simple RFIs (10)
Typically include:

Clarification of notes, dimensions, quantities, or plan references Interpretation of standard details or specifications
Field questions that can be resolved without design modification Services include:

Review and written response
Minor plan markup or reference to contract documents. Includes a total of 10 RFIs, with an average of 2 hours of the Engineer’s time and 1 hour of the Project Coordinator and Project Manager’s time per RFI.

B. Medium-Complexity RFIs (5)
Typically include:

Coordination between multiple disciplines
Minor design refinements or field-driven adjustments
Utility or drainage clarifications requiring limited analysis Supplemental sketches or exhibits
Services include:

Internal coordination and technical evaluation
Preparation of clarification sketches or exhibits
Written response with supporting documentation
Medium plan markup or reference to contract documents. Includes a total of 5 RFIs, with an average of 4 hours of the Engineer’s time and 1 hour of the Project Coordinator's time per RFI.

Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 288 627
C. Complex RFIs (5)
Typically include:

Differing site conditions
Conflicts with existing utilities
Discrepancies between plans and field conditions
Utility conflicts requiring evaluation of alternatives
Drainage, grading, or roadway geometry impacts
RFIs with potential cost, schedule, or scope implications Issues requiring coordination with outside agencies or third parties Services include:

Engineering analysis and evaluation of alternatives
Coordination meetings with the City and project stakeholders Preparation of detailed response narratives and supporting exhibits Plan markup or reference to contract documents. Includes a total of 5 RFIs, with an average of 8 hours of the Engineer’s time and 1 hour of the Project Coordinator's time per RFI.

Identification of potential impacts for City consideration Task 4 – Construction Progress Meetings
WEBB will attend construction progress meetings (a total of 24) as requested by the City, 8 inperson meetings and 16 virtual meetings.

Task 5 – Grading Quantity Verification
WEBB shall perform grading quantity calculations for earthwork pay quantities based on survey data provided by the Contractor.

Services include:

Review of Contractor-provided pre- and post-construction survey surfaces Independent calculation of excavation, fill, and import/export quantities Coordination with City staff and the Inspector to resolve discrepancies All field surveying shall be performed by the Contractor. WEBB’s role is limited to office-based quantity verification.

Task 6 – Record Drawings (As-Built Plans)
WEBB shall prepare Record Drawings for City acceptance.

Services include:

Incorporating approved RFIs, field directives, and clarifications Reviewing Contractor redline drawings
Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 289 628
Updating plan sheets to reflect final constructed conditions Record Drawings shall be based on information provided by the Contractor and City. WEBB shall not be responsible for independent field verification.

EXHIBIT “B” COMPENSATION FOR SCOPE OF SERVICES
WEBB proposes to provide the Construction Engineering Support Services on a time-andmaterials basis, billed monthly in accordance with the attached Schedule of Fees.

The total fee for services described in Exhibit “A” shall not exceed $78,624 without prior written authorization from the City.

Docusign Envelope ID: C4257D86-D422-4F41-AD3B-5D711FF9F68F 290 629
291
292

CHANGE ORDER
Change Order No. 2
Purchase Order No. 030269
Date 1/ 25/022
Agreement Date 6/ 23/020
Sheet 1 of 2
Owner: CITY OF BANNING
Project: 2020- 04 Sun Lakes Boulevard Extension
Contractor: Albert A. Webb and Associates
The following changes are hereby made to the Contract Documents:

JUSTIFICATIONS:

Out of scope work. Sediment Transport Study was needed to assess the potential sediment transport capacity at the proposed arched culverts crossings.
293

CHANGE TO CON TRACT PRICE
Original Contract Price
Contract Price adjusted by previous
Change Order( s)
Contract Price due to this Change Order will
be ( increased)
New Contract Price including this Change Order

CHANGE TO CONTRACT TIME
Contract Time will be ( increased) Date
for Completion of all Work

APPROVALS REQUIRED
548, 416. 05
573, 399.0
5, 974. 88
579, 374. 18
12/ 31/ 2022
Current
580
Working Days) (Date) •
To be effective, this order must be approved by the Owner, or as may otherwise be required by the Supplemental General Conditions.

Recommended by:

Approved by:
geti,„ Y -63 - Date: II o2h l
aozz
Date: 1 Z Z
294
May 3, 2022
Mr. Patrick Safari
City of Banning
99 E. Ramsey Street
Banning, CA 92220
RE: Request for Change Order for Additional Engineering and Environmental Services for the Sun Lakes Blvd. Extension Project (C00660) Dear Patrick,
Albert A. WEBB Associates respectfully submit this change order for Engineering and Environmental Services for the Sun Lakes Blvd. Extension Project (C00660).

WEBB has been contracted by the City of Banning to provide engineering and environmental services for the Sun Lakes Blvd. Extension Project. The following are outof-scope additional task items provided by WEBB:
• Street Improvement, Storm Drain Design, and Environmental Coordination for Wildlife/Resource Agencies review and Sunset Crossroads Project Coordination • Storm Drain System Design
• Supplemental Environmental Documentation
• Jurisdictional Delineating and Permitting
At this time, we are respectfully requesting compensation for the tasks already completed, and the future tasks to be completed as outlined below.

295
EXHIBIT “A” SCOPE OF SERVICES
Task 1 - Street Improvement, Storm Drain Design, and Environmental Coordination for Wildlife/Resource Agencies review and Sunset Crossroads Project Coordination

1. Attend meetings with City and Sunset Crossroads design team. • Original Proposal: Not in scope, Additional Cost: $4,644

2. Review Sunset Crossroads preliminary on-site design layout. • Original Proposal: Not in scope, Additional Cost: $3,666

3. Prepare and provide electronic CAD files to Sunset Crossroads design team. • Original Proposal: Not in scope, Additional Cost: $896

4. Coordinate with bridge consultant to determine appropriate spans and type selection (arched culverts). • Original Proposal: Not in scope, Additional Cost: $1,120

5. Coordinate with environmental team and biologist for determining new impacts from revised culvert design.
• Original Proposal: Not in scope, Additional Cost: $790

6. Coordinate with environmental team to determine alternative alignments and spans for minimizing impacts.
• Original Proposal: Not in scope, Additional Cost: $1,792

7. Coordinate with design team to prepare for resource agency meetings. • Original Proposal: Not in scope, Additional Cost: $713

8. Meet and coordinate with Wildlife/Resource Agencies
• Original Proposal: Not in scope, Additional Cost: $713

9. Coordinate and schedule meeting with Sunset Crossroads design team for environmental analysis approach.
• Original Proposal: Not in scope, Additional Cost: $448

10. Coordinate with sediment transport consultant for scour memo and/or detailed analysis. a. Review Geotechnical Report with consultant
b. Review existing particle size distribution for channel bed. • Original Proposal: Not in scope, Additional Cost $1,344 Task 2 – Storm Drain System Design

2.1 - Final Drainage Report – Additional work items include:
a. Update preliminary hydraulic and scour calculations for the revised culvert footprint. b. Prepare hydraulic analysis for mimicking the existing hydraulic conditions at the existing roadway crossings.
c. Update preliminary report for the new concept and additional analysis. • Original Proposal: Included in scope but revisions required as a result of revised culvert design, Additional Cost: $10,304

2.2 - Storm Drain Plans – Additional work items include:
a. Update design layout of culvert and culvert inlet and outlet wing walls, headwalls, aprons, access ramps, riprap, and other elements for new culvert concept. b. Update design layout and details for mimicking existing hydraulic conditions at existing roadway crossings.
296
• Original Proposal: Included in scope but revisions required as a result of revised culvert design, Additional Cost: $34,944

2.3 - Structural Design Allowance – Additional work items include:
a. Prepare structural design calculations and details, as needed, for culverts, wingwalls, headwall, parapet, and energy dissipaters where standard details are not applicable. • Original Proposal: Not in scope, Additional Cost: $34,792 Task 3 – Supplemental Environmental Documentation

Following preparation of the draft Phase I Cultural Resource Assessment for the Sun Lakes Boulevard Realignment Project, November 2020 (the Draft Phase 1 CRA) and the biological resources studies, the Project footprint has expanded due to the new culvert concept and the addition of access to the City’s substation being and grading along the west side of Sunset Avenue. This has resulted in an expanded Project footprint that was not evaluated in the Draft Phase I CRA or the biological resources studies.

3.1 - Supplemental Cultural Resources Study – Additional work items include:
a. Applied Earthworks (AE), WEBB’s cultural resources subconsultant will conduct a complete and intensive cultural resource survey of the expanded Project footprint. Two previously documented cultural resources (a large farm/ranch complex and a large historic water-control complex) are located within the expanded Project area. AE will confirm the location of these previously identified resources in proximity to the expanded Project area and assess their current condition. b. AE will update the draft Phase I CRA to include the expanded Project footprint. This scope include two rounds of comments following City review of the draft updated Phase I CRA and no major revisions will be required. The draft updated Phase I CRA will be submitted electronically in MS Word format for ease of review; the final updated Phase I CRA will be submitted electronically as a PDF file. • Original Proposal: Included in scope but revisions required as a result of revised culvert design, Additional Cost: $3,646

3.2 - Supplemental Biological Resources Studies – Additional work items include:
a. Wood Environment Infrastructure Solutions, Inc. (Wood), WEBB’s biological resources subconsultant will revise the figures and exhibits, recalculate impacts, and update the previously submitted draft versions of the following reports to include the expanded Project footprint. Habitat Assessment/Western Riverside County Multiple Species Habitat Consistency Analysis, Focused Burrowing Owl Survey, Narrow Endemic and Criterial Area Plants Survey, Los Angeles Pocket Mouse Protocol Survey. The Determination of Biologically Equivalent or Superior Preservation (DBESP), which is in process, will also be revised to include the expanded Project footprint. b. The updated draft reports will be submitted electronically for ease of review; the final updated reports will be submitted electronically as PDF files.
• Original Proposal: Included in Scope but revisions required as a result of revised culvert design, Additional Cost: $19,336
297

3.3 - Additional Environmental Coordination – Additional work items include:

Subsequent to the initial meeting with the Western Riverside County Regional Conservation Authority (RCA) and the Wildlife/Resource Agencies, WEBB’s environmental staff coordinated with the Wildlife/Resource Agencies to provide the hydraulic modeling results and assist City staff in responding to agency questions. WEBB will also assist the City in shepherding this project through the DBESP process with the Wildlife/Resource Agencies.
• Original Proposal: Included in Scope but revisions required as a result of revised culvert design, Additional Cost: $12,430

3.4 - CEQA Documentation Updates – Additional work items include:

Because the design of the culverts delayed the design progress and over a year has gone by since the draft CEQA document was prepared, as well as given the updates to the project design/footprint and the need to update the cultural and biological and JD studies, additional budget is needed to further process the MND. Budget for all the additional meetings and coordination related the crossings took budget away from the CEQA task. We are asking for an additional task authorization to update the draft MND, and process it for public review through a Final MND.
• Original Proposal: Included in Scope but revisions required as a result of revised culvert design, Additional Cost: $11,952
Task 4 - Jurisdictional Delineation and Permitting
The original field surveys for the jurisdictional delineation were completed summer 2021, exhibits prepared, impacts calculated, and these results were presented to the resource agencies and used to develop the new culvert concept. In order to complete the jurisdictional delineation report, additional work items include:
a. Survey and map jurisdictional resources within the expanded Project footprint. b. Prepare revised exhibits for use in the report.
• Original Proposal: Included in Scope but revisions required as a result of revised culvert design, Additional Cost: $4,692
298
EXHIBIT “B” COMPENSATION FOR SCOPE OF SERVICES
Total fees for services shown in the Scope of Services (Exhibit “A”) shall not exceed $148,222 without prior authorization from client. We propose to provide details in Exhibit “A” for an initial Time & Materials fee to be billed monthly in accordance with the attached fee schedule.

Task 1: Street, Storm, Environmental Coordination $16,126 Task 2: Storm Drain System Design $80,040
Task 3: Supplemental Environmental Documentation $47,364 Task 4: Jurisdicational Delineation and Permitting $4,692 Total $148,222

Task budgets are estimates and may be used interchangeably as needed but not to exceed the budget total.

Any additional services requested outside this scope will be provided under separate contract addenda for additional fees. Invoices will be submitted monthly based on the percentage of work completed. All invoices shall be due and payable upon receipt. If invoices remain unpaid after 30 days, work on project may cease and interest of 1.5% per month shall be charged on unpaid balances.

Charges for deliveries, printing, copying, mileage, postage, outside services, and for coordination or other services not specifically listed in the scope of work (Reimbursable Expenses), will be billed on a time and material basis, in accordance with our Schedule of Fees. Checking and/or filing fees are not included in this contract and shall be paid by the client directly to the appropriate governmental agency.

Charges for printing, copying, mileage, postage, outside services, and for coordination or other services not specifically listed in the scope of work (Reimbursable Expenses), will be billed on a time and material basis, in accordance with our Schedule of Fees. Checking and/or filing fees are not included in this contract and shall be paid by the client directly to the appropriate agency.

If you find this request acceptable, please issue contract amendment #1 with the current dollar amount to the Final Engineering Services contract dated June 23, 2020. We appreciate this opportunity to be of service to your firm and look forward to hearing from you. If you have any questions regarding this proposal, please contact us at 951-320-6063.

Sincerely,

ALBERT A. WEBB ASSOCIATES
Eugene Abrego, PE
Senior Engineer
299
Item Description
Stephanie Standerfer
Cheryl DeGano
Autumn DeWoody
Eric Hays
Eugene Abrego
Ranjit Singh
Total Hours
Subtotal - Labor
Sub-consultant
budget
Total/task
Billout Rate $ 224 265 $ 171 $ 224 $ 224 $ 224 $
Task 1 - Field Survey Street/Storm/Env. Design Coordination 8 14 2 6 21 20 71 $ 16,126 $ - $ 16,126

1.1 Attend Meetings 4 4 2 6 4 20 $ - 4,644 $ 4,644 $

1.2 Review of Sunset Crossroads Project 2 2 2 8 2 16 $ - 3,666 $ 3,666 $ 1.3 Preparation of CAD files 4 4 $ - 896 $ 896 $

1.4 Coodination with Bridge Consultant 1 4 5 $ - 1,120 $ 1,120 $

1.5 Coordination with Biologist 2 2 4 $ - 790 $ 790 $

1.6 Alternative Culvert Alignment Analysis 2 2 4 8 $ - 1,792 $ 1,792 $

1.7 Coordination for Resource Agency Meetings 1 2 3 $ - 713 $ 713 $

1.8 Meet and Coordinate with Wildlife/Resource Aencies 1 2 3 $ - 713 $ 713 $ 1.9 Coordination and Meetings with SC Env. Team 2 2 $ - 448 $ 448 $

1.10 Coordination with Sediment Transport Subconsultant 6 6 $ - 1,344 $ 1,344 $ Task 2 - Description (Phase XXXX) Storm Drain System Design 40 170 210 $ 47,040 $ 33,000 $ 80,040

2.1 Final Draiange Report 16 30 46 $ - 10,304 $ 10,304 $

2.2 Storm Drain Plans 16 140 156 $ - 34,944 $ 34,944 $

2.3 Structural Design Allowance 8 8 $ 1,792 $ 33,000 $ 34,792 Task 3 - CEQA Compliance Services Supplemental Environmental Services 46 58 12 116 $ 27,234 $ 20,130 $ 47,364

3.1 Supplemental Cultural Resources Study 4 4 $ 2,750 896 $ 3,646 $

3.2 Supplemental Biological Resources Studies 4 4 8 $ 17,380 1,956 $ 19,336 $

3.3 Additional Environmental Coordination 30 20 50 $ - 12,430 $ 12,430 $

3.4 CEQA Document Updates and Processing 12 30 12 54 $ - 11,952 $ 11,952 $ Task 4 - Jurisdicational Delineation and Permitting 4 4 16 24 $ 4,692 $ - $ 4,692

4.1 Additional Survey, Mapping, Impact Calculation 4 4 16 24 $ - 4,692 $ 4,692 $ Total 58 76 30 46 21 190 421 $ 95,092 $ 53,130 $ 148,222 Sun Laked Blvd. Extension Change Order - 2
H:\2020\20-0126\Proposals, Contracts, & Change Orders\Change Orders\CO-2\Sun Laked CO2 Budget_20220420.xlsx 5/3/20227:30 AM 300
G:\Proposals\FORMAL PROPOSALS\City of Banning\015921 Sun Lakes Change Order\Sun Lakes _Additional Engineering and Env Services_2023-07-06.docx July 6, 2023
Mr. Patrick Safari
CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
RE: Request for Additional Engineering and Environmental Services for the Sun Lakes Blvd. Extension Project (C00660)
Dear Patrick,
Albert A. Webb Associates (WEBB) respectfully submit this change order for additional Engineering and Environmental Services for the revised alignment of the Sun Lakes Boulevard Extension Project (C00660). It is necessary to revise the alignment of this roadway as it is infeasible to obtain an easement from Kinder Morgan to place the road atop their existing high-pressure gas line.

WEBB has been contracted by the City of Banning to provide engineering and environmental services for the Sun Lakes Blvd. Extension Project. The following are outof-scope additional task items to be provided by WEBB for the proposed revised alignment of Sun Lakes Boulevard:
• Update final design plans and documents
• Revised CEQA Document
• Revised Technical Studies (Biological, Cultural, and Air Quality/GHG/Energy) • Revised Jurisdictional Delineation and Permitting
• Utility coordination
• Project Management, Coordination, and Meetings
At this time, we are respectfully requesting compensation for the tasks already completed and the future tasks to be completed as outlined below. 301
EXHIBIT "A" SCOPE OF SERVICES
The proposed Sun Lakes Boulevard Extension project (Project) is a project that entails the construction of a new section of Sun Lakes Boulevard from Highland Home Road to Sunset Avenue. The proposed Project is approximately 5,400 linear feet (1.02 mile) long and 110 feet wide and will be constructed according to the City's General Plan Typical Section for an Arterial Highway.

Westward Avenue is a straight east-west unpaved dirt road between Highland Home Road and Sunset Avenue. Kinder Morgan has two fuel lines (16- and 20-inch diameters) in two 20-feet wide easements along Westward Avenue. The proposed Sun Lakes Boulevard curvilinear alignment overlaps Westward Avenue and Kinder Morgan easements, as shown in Figure 1. Initially, Kinder Morgan had no issue with roadway construction over their easements. Later, Kinder Morgan changed their policies to restrict roadway improvement over their lines and directed the City to realign Sun Lakes Boulevard to minimize the impact on Kinder Morgan fuel lines.

Sun Lakes Boulevard Circulation Plan Alignment
Figure 1
WEBB had already completed draft CEQA documents and associated technical studies and substantially completed final design plans, studies, and documents for the Project. Now, WEBB prepared a preliminary realignment of Sun Lakes Boulevard, as shown in Figure 2. Since the completion of the draft CEQA document and associated technical studies, the alignment for Sun Lakes Boulevard will be modified to an area that falls outside the previously surveyed areas in some places. Therefore, updates to the CEQA document and the relevant technical studies are needed now. In addition, redesigning all final design documents and update of studies and documents are needed.

Sun Lakes Boulevard Realignment to Minimize Impacts on Kinder Morgan Fuel Lines Figure 2
Based on the feedback we received at the pre-application meeting with resource agencies on June 14, 2023, they understood the Kinder Morgan easement challenges. They agreed with the City to allow roadway realignment, as shown in Figure 2 above.

The City has received substantial funds for the Project and would like to move forward as soon as possible to meet the funding deadlines. The following is our understanding of the Project to complete the PS&E:
302

1. Drainage Report and Storm Drain Improvement Plans - Minor updates to the drainage report will be required. Storm drain alignments and elevations will remain the same; minor changes may be needed. Headwall and wing wall changes will be required to match the street improvement plans.

Plans will be submitted for 90%, 100%, and approval.

2. Street Improvement Plans – Try to hold the profile over the storm drains. Revise street improvement plans and profiles for the realignment. Redesign and detail out 7-ADA ramps. No driveways, ADA ramps, and curb ramps will be provided along the alignment. We will provide AC berm at the proposed driveways per City’s request. We will be submitted for 90%, 100%, and approval.

3. Signing & Striping Plans – Revise plans per the realignment and submit for 90% and 100% for approval.

4. Street Light Location Plans – Revise street light location plans per the revised alignment and submit for approval for 90% and 100%. The City will prepare street light conduit and conductor plans.

5. Landscape and Irrigation Plans – Because of budget constraints, the City decided not to landscape the parkway and median at this time, so an update of plans will not be required. The City would like to install sleeves with the Project to avoid future trenching across the pavement. The conduit sleeves will be shown on the street improvement plans.

6. Coordination with the Developer – The City will coordinate with the developer. WEBB will not be required to attend meetings and provide coordination with the developer. WEBB's scope of work includes legal & plats and exhibits needed to obtain right-of-way and easement for the roadway and storm drain improvement. The developer will analyze any impact on future development.

7. Potholing – We will prepare an exhibit for approximately 40 potholes. The City will coordinate and hire a potholing contractor to perform the work. WEBB will conduct the field survey and collect data points set by the potholing contractor.

8. Coordination with Kinder Morgan – Even with the roadway realignment, approximately 500' on both ends will impact Kinder Morgan fuel lines. We have estimated our effort under utility coordination and meetings. It is very hard to predict the effort required to estimate effort to obtain Kinder Morgan approval and to meet the Federal Energy Regulatory Commission (FERC) requirements. We have added optional items and a budget to provide additional effort if needed.

9. Out-of-scope services – We will obtain authorization from the City for the out-scope services before beginning out-of-scope tasks.
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Our scope of services is as follows:

Task 1 – Update Final Design Plans, Studies, and Documents

1.1 – Street Improvement Plans
Additional work includes the following items:
a. Update of horizontal alignment to minimize impacts to Kinder Morgan fuel lines. b. Update the vertical centerline, curbs, and right-of-way profiles. c. Update grading limits. The grading limits will consider cut and fill amounts, environmental impact, and resources.
d. Revise raised medians layout and profiles
e. Update sidewalks, ADA ramps, and driveways design and details. f. Review utility adjustment and relocation and update plans and construction notes.

1.2 – Storm Drain System Design
The approved scope and budget for the Project included a task for the development of a preliminary roadway drainage design and tasks for a final drainage report and storm drain plans. The preliminary drainage design task included a preliminary hydrology and hydraulic analysis, preliminary scour calculations, preliminary plans, and a preliminary drainage report. The preliminary design was completed and submitted in November of 2020.

After the preliminary design was completed, concerns were raised by the resource agencies, which necessitated a sediment transport study be prepared for the Project. This study was completed and concluded that revisions to the culvert configuration were needed to address those concerns. WEBB's efforts to coordinate with the sediment transport study engineer and develop a revised design concept were covered under both a separate approved change order and the remaining preliminary design task budget.

A change order was also approved by the City to update the plans based on the revised concept. This change order included updating the drainage report, update of the drainage plan sheets, and preparation of structural details and calculations.

As WEBB was proceeding with the updates to the design, input was received from Kinder Morgan stating that the drainage outlet structures would not be permitted within their easement. WEBB was then directed to stop work while the City coordinated with Kinder Morgan. WEBB was authorized by the City in January 2023 to proceed. An additional redesign of the outlet structures was completed to ensure that they did not encroach into the easement as requested.

After the redesign was substantially complete, WEBB was given direction to realign the street to minimize the impact on the existing Kinder Morgan easement. This change will require a redesign of the channel inlet and outlet structures, a redesign of the street storm drains, and a redesign of the intercept drain on the northerly side of the street. The drainage plans will also need to be redrafted. The hydraulic calculations (HEC-RAS, WSPG, etc) and drainage report will also need to be updated for these changes. The structural design work that has been started will also need to be redone. Added to this work is also an update to the preliminary geotechnical report to provide all the parameters needed to finalize the structural design calculations.
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1.2.1 - Final Drainage Report Update - Additional work items include:
a. Due to road realignment, update the HEC-RAS model for updated inlet/outlet configuration. b. Update WSPG calculations for culverts, new street storm drains, and intercept drain designs. c. Update report text and exhibits to reflect revised road alignment. d. Address additional plan check comments.

1.2.2 – Storm Drain Plan Update – Additional work items include:
a. Update the design and plan details for the outlet structures to avoid the Kinder Morgan easement. b. Update design and plans due to the road realignment (channel inlet and outlets, street storm drain, northerly intercept ditch, and appurtenances).
c. Coordination with WEBB environmental team for the information requested and/or needed.

1.2.3 - Structural Design Details - Additional work items include:
a. Update structural calculations for revised inlet and outlet configuration. b. Coordination with the geotechnical engineer for information required for structural design. c. Review of Geotechnical report of adjacent development provided by City. d. Update of Preliminary Geotechnical report by sub-consultant.

1.2.4 – Assessment of Potential Sediment Transport Impact - Additional work items include:

A study is to be conducted to assess the potential sediment transport impacts associated with the improvement of Sun Lakes Boulevard. The proposed road improvements involve the addition of several new culvert crossings that are to be constructed upstream of two existing dry weather crossings. The proposed culvert crossings have increased in size since the hydraulic assessment previously conducted by Northwest Hydraulic Consultants (NHC) in 2021. The existing dry weather crossings are to remain in place with the proposed road improvement plan.

Impacts on sediment transport will depend on the configuration proposed for the new crossings. A high-level assessment of the potential effects will be completed through a comparison of hydraulic characteristics pre- and post-project.

We will evaluate (existing conditions models, also developed previously provided for the 2021 NHC study) 2D model hydraulic models (HEC-RAS) of the proposed improvement plan.

Assumptions:
a. The Resource Agencies are currently reviewing the HEC-RAS model prepared for the revised culvert concept. WEBB will proceed with the final design phase ahead of Resource Agency approval under the assumption that they will not have any comments that will impact the culvert design or analysis.

This additional budget request does not include any additional changes to the culvert analysis or design resulting from future Resource Agency comments.
b. It is assumed that the Caltrans Standard Detail D81 for double-cell reinforced concrete boxes can be utilized for the multi-cell boxes required for this Project, and no special structural design is required for these culverts.
c. The final plans and analysis will be designed with the assumption that the future Sunset Crossing project will be designed and built after the roadway project is completed. This additional budget request does not include any additional design or analysis required to assess changes to the roadway design or hydraulic analysis based on this future Project. It also assumes that drainage facilities for the Sunset Crossroads property (outside of the street right of way) will be designed and constructed by the developer's plans and is not a part of the road project scope. 305

1.3 – ROW and Easement Documents
We will prepare and update fourteen (14) documents needed for additional right-of-way and easements.

1.4 – Signing & Striping Plans
Update signing & striping plans for the revised alignment.

1.5 – Street Light Location Plans
a. Update street light location plans for the revised alignment.

1.6 – Specifications
The City will provide us with its boilerplate Technical Provisions in Microsoft Word format. We will compile the project specifications, including the project-specific scope of work in the Technical Specifications, and provide Special Technical Provisions beyond the City's Standard Technical Provisions. With each submittal, WEBB will provide a bid schedule, special provisions, and technical specifications. The specifications shall be signed by a Civil Engineer registered in the State of California as complete and ready for bidding purposes and awarding contracts for construction for the improvements. The latest edition of the Greenbook (Standard Specifications for Public Works Construction and subsequent amendments) will be used on the Project, except for the signing/striping elements. The City and Caltrans Standard Specifications will be used for these improvements. The City will prepare the bid book.

1.7 - Cost Estimates
We will provide a construction quantity and cost estimate with each submittal of plans. The unit costs shall be based upon the most current cost information for recent similar projects in the area compiled by us and approved by the City. The estimated items of work with quantities shall include, but not be limited to, itemizing all removals, clearing and grubbing, relocations, sidewalk, curb & gutter, driveway approaches, Asphalt Concrete (AC), utility improvements, applying/painting of pavement legends & striping, signs, traffic control, raised pavement markers, street lights in City limits, storm drain improvements, and project identification and completion signs. The estimates will also include probable costs for utility relocations, right-of-way, and temporary construction easements.

Task 3 – Revised Environmental Documentation
Since the completion of the draft CEQA document and associated technical studies, the alignment for Sun Lakes Boulevard has been modified to an area that, in some places, falls outside the previously surveyed areas. Therefore, updates to the CEQA document and the relevant technical studies are needed at this time.

3.1 - Revised Cultural Resources Study – Additional work items include:
a. Applied Earthworks (AE), WEBB's cultural resources subconsultant will conduct a complete and intensive cultural resource survey of the additional Project acreage. Two previously documented cultural resources (a large farm/ranch complex and a large historic water-control complex) are located within the expanded Project area. AE will confirm the location of these previously identified resources in proximity to the expanded Project area and assess their current condition. 306
b. AE will update the Phase I Cultural Resources Assessment (Phase I CRA) and paleontological memorandum to include the additional Project acreage, as well as add language regarding federal funding. This scope includes two rounds of comments following the City review of the draft updated Phase I CRA and no major revisions will be required. The draft updated Phase I CRA and paleontological memorandum will be submitted electronically in MS Word format for ease of review; the final updated Phase I CRA and paleontological memorandum will be submitted electronically as a PDF file.

3.2 - Revised Biological Resources Studies – Additional work items include:
a. WSP USA Environment & Infrastructure Solutions (WSA),1 WEBB's biological resources subconsultant will revise the figures and exhibits, recalculate impacts, and update the previously finalized versions of the following reports to include the revised street alignment (Project footprint). The updated draft reports listed below will be submitted electronically for ease of review; the final revised reports will be submitted electronically as PDF files.

1. Habitat Assessment/Western Riverside County Multiple Species Habitat Consistency Analysis,

2. Focused Burrowing Owl Survey,

3. Narrow Endemic and Criterial Area Plants Survey,

4. Los Angeles Pocket Mouse Protocol Survey

5. Determination of Biologically Equivalent or Superior Preservation (DBESP)

6. West and Dry Season Fairy Shrimp Survey Memo Update

3.3 - Additional Environmental Coordination – Additional work items include:

WEBB has expended all original budgets associated with coordination and meetings with the Regional Conservation Authority (RCA) and regulatory agencies (US Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board and US Fish and Wildlife Service). Given that a meeting has been scheduled for June 14, 2023 with the RCA and regulatory agencies, and since there will be pre- and post- meeting coordination needed with the City and WEBB Team, additional request for budgets to do this meeting, along with more frequent coordination with the City as the revised CEQA document is underway, will also be needed.

3.4 – Revised Environmental (CEQA) Documentation – Additional work items include:

The Initial Study/Mitigated Negative Declaration (IS/MND) in addition to the CEQA notices for the original proposed alignment have been prepared. The IS/MND was ready to be released in January 2024 for public review prior to the decision to revise the Project alignment. Because the Project footprint has changed and revised biological resources reports, cultural report, and jurisdictional delineation must be prepared, additional budget is needed to revise and complete processing the IS/MND for public review through the Final MND phase. We are asking for an additional task authorization to complete this task since the budget originally allocated has been expended.

This scope does not include updating the air quality/greenhouse gas analysis completed in November 2021, which was prepared using the California Emissions Estimator Model® version 2020.4.0 (CalEEMod) model.

The California Air Pollution Control Officers Association (CAPCOA) released CalEEMod version 2022.1 in December 2022. However, WEBB is not proposing to redo the air quality/greenhouse gas analysis using 1 Wood Environment Infrastructure Solutions, Inc. was acquired by WSP. 307
the new model because: (i) the analysis was completed before the new model was released; (ii) there are no substantial changes to the Project that would warrant remodeling construction impacts; (iii) this is a capital improvement project; and (iv) and the results of the original air quality/greenhouse gas analysis were well below the numeric thresholds that would indicate a potentially significant impact. In the event comments are received during the public review period for the IS/MND, WEBB would address that in the responses to comments and explain the rationale for not remodeling the Project's air quality/greenhouse gas emissions.

Task 4 - Jurisdictional Delineation and Permitting
The original field surveys for the jurisdictional delineation (JD) were completed summer 2021, exhibits prepared, impacts calculated, and these results were presented to the resource agencies. WEBB will update the previous JD, to cover the new areas proposed by the revised Project alignment, including a 100-foot survey buffer. Specifically, WEBB will update the existing JD report with regulatory changes that have occurred since preparation of the original 2021 JD report. Following the literature review update, WEBB will conduct a one-day site visit to the revised Project site to document suspected wetlands and non-wetland waters of the U.S, waters of the State located outside federal jurisdiction, and streambed according to Fish and Game Code.

Waters of the U.S. will be evaluated using the methodology set forth in the guidelines provided in the Corps of Engineers Wetlands Delineation Manual (1987), the 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0), and the 2008 Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. Potential Waters of the State that are outside of federal jurisdiction will be identified following the Procedures for Discharges of Dredged or Fill Material to Waters of the State. Fish and Game Code, Section 1600 et al streambed will be identified as the bank-to-bank where the active streambed shows the fullest expression on the landscape.

After the site-visit is completed, WEBB will update the JD report with the new data collected from the site visit including tables, figures, and impacts discussion. The report will be prepared following the 2017 U.S Army Corps of Engineers (USACE), Minimum Standards for Acceptance of Aquatic Resources Delineation Reports. The JD report will provide an analysis and discussion of the existing site conditions, methods, and results of the delineation, including details such as soil types, hydrology, and vegetation present on the site.

The report will also provide a discussion of the impacts proposed to any jurisdictional areas, including photographs and exhibits depicting any jurisdictional features.

Task 5 – Utility Coordination and Additional Field Survey for Potholing (Time and Material Basis) WEBB will Identify all known utilities that potentially conflict with the planned project improvements and determine special requirements for facilities, including protection, relocation, right-of-way easements, and construction. WEBB will coordinate with utility companies to schedule the relocation of the utilities before the start of construction.
a. Coordinate with Kinder Morgan to construct Sun Lakes Boulevard for segments east of Highland Home Road and west of Sunset Avenue.
b. Coordinate with City to relocate power poles and guy anchors and adjust electrical vaults. c. Coordinate with the City for relocation and adjustment of water valves, fire hydrants, blow-offs, air vacuum, and sewer manholes.
d. Coordinate with the Gas Company to relocate and adjust gas valves and electronic gas station. 308
e. Coordinate with telecommunication companies for the adjustment of telecommunication manholes.
f. Attend six (6) meetings with utility companies.
g. We will prepare an exhibit for approximately 40 potholes. The City will coordinate and hire a potholing contractor to perform the work. WEBB will conduct the field survey and collect data points set by the potholing contractor.

Task 6 – Project Management, Coordination, and Meetings (Time and Material Basis) We will schedule and attend meetings as follows:
a. Project Development Team (PDT) meetings – We estimate twelve (12) meetings b. Environmental meetings - We estimate six (6) meetings We will schedule, chair, and prepare meeting agendas and meeting minutes. The agendas will be submitted to the City for review one working day before the meeting. The minutes will be distributed to all attendees, everyone invited, and the City's Project Manager within five working days after the meeting.

The minutes shall include but are not limited to a list of attendees with phone numbers and contact emails, a summary of discussion items, a decision log, ROW/Utility Tracking Sheets, any pertinent information, and follow-up to action items.

We will update project schedules. The project schedules will be divided into tasks and subtasks in full detail, including the City function timeline, critical path, and outside sources such as agencies or utilities.

Task 7 – Engineering Support Services for Environmental Documentation, Jurisdictional Delineation, and Permitting (Time and Material Basis)
We have been providing out-of-scope services for the realignment of the roadway and coordination with the City and resource agencies.

We will provide engineering support services for environmental documentation, jurisdictional delineation, and permitting.

Optional Task 8 – Additional Work for Kinder Morgan (Time and Material Basis) Even with the roadway realignment, approximately 500' on both ends will impact Kinder Morgan fuel lines.

We have estimated our effort under utility coordination and meetings. It is very hard to predict the effort required to estimate effort to obtain Kinder Morgan approval and to meet the Federal Energy Regulatory Commission (FERC) requirements. Any additional effort required beyond estimated under the utility coordination and meetings, with the approval of the City, WEBB will provide additional support services. 309
EXHIBIT "B" COMPENSATION FOR SCOPE OF SERVICES
Total fees for services shown in the Scope of Services (Exhibit "A") shall not exceed $496,079 without prior authorization from the client. If the optional Task 7 is to be conducted, the total shall be provided on a time and materials basis not to exceed $516,079 after City authorization for the task. We propose to provide details in Exhibit "A" for an initial Time & Materials fee to be billed monthly in accordance with the attached fee schedule.

Task budgets are estimates and may be used interchangeably to stay within the budget total. Any additional services requested outside this scope will be provided under separate contract addenda for additional fees.

Charges for deliveries, printing, copying, mileage, postage, outside services, and for coordination or other services not specifically listed in the scope of work (Reimbursable Expenses) will be billed on a time and material basis in accordance with our Schedule of Fees. Checking and/or filing fees are not included in this contract and shall be paid directly to the appropriate governmental agency by the client.

If you find this request acceptable, please issue contract amendment #1 with the current dollar amount to the Final Engineering Services contract dated June 23, 2020. We appreciate this opportunity to serve your firm and look forward to hearing from you. If you have any questions regarding this proposal, don't hesitate to contact me at 951-830-4305.

Sincerely,

ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE / TE
Senior Vice President
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Exhibit B
Item Description
Stephanie Standerfer Cheryl DeGano Autumn DeWoody Marshall Paymard Field Biologist Virginia Waters Jacqueline Gamboa Joseph Caldwell Eric Hays Ranjit Singh Nathan Armendariz Dilesh Sheth Nicholas Keller Joy Schwiebert Son Le Deborah Saulina Danielle Logsdon Jason Ardery Michael Johnson Linda Bouschet Jon Ros Andres Lopez Party Chief/2-Person Survey Crew Total HoursSubtotal - LaborSub-consultant budget
Total/task
Classification
Principal IIPrincipal IIAssociate IIAssociate IIAssistant IIAssistant IIAssistant IIPrincipal IIPrincipal ISenior IIIAssistant VPrincipal IISenior IAssistant VAssociate IIAssistant IIISenior IIIPrincipal IIPrincipal IIAssociate IIISenior IISenior IParty Chief/2-Person Billout Rate $ 293 293 $ 197 $ 197 $ 135 $ 135 $ 135 $ 293 $ 279 $ 252 $ 173 $ 293 $ 232 $ 173 $ 197 $ 144 $ 252 $ 293 $ 293 $ 208 $ 240 $ 232 $ 302 $ Task 1 - Update Final Design Plans, Studies, and Documents 24 62 168 430 30 208 108 48 60 110 8 16 110 14 1396 $ 295,874 $ 6,600 $ 302,474

1.1 Street i\Improvement Plans $ - $ - $ -
Update Street i\Improvement Plans 12 200 12 40 264 $ 61,724 $ - $ 61,724 Redesign ADA Ramps (7) 2 70 12 84 $ 15,720 $ - $ 15,720

1.2 Storm Drain System Design

1.2.1 - Final Drainage Report Update 8 20 50 2 8 4 4 96 $ 19,588 $ - $ 19,588

1.2.2 - Storm Drain Plan Update 8 40 120 300 2 4 4 478 $ 97,814 $ - $ 97,814

1.2.3 - Structural Design Details 2 4 80 2 4 4 96 $ 17,576 $ - $ 17,576

1.2.4 - Assessment of Potential Sediment Transport Impact 8 4 8 2 4 4 30 $ 7,646 $ 6,600 $ 14,246

1.3 ROW and Easement Documents (14) 8 8 8 8 16 110 14 172 $ 38,296 $ - $ 38,296

1.4 Signing and Striping Plans 6 40 4 50 $ 9,494 $ - $ 9,494

1.5 Street Light Plans 16 4 20 $ 3,344 $ 3,344

1.6 Specifications 8 8 4 8 20 48 $ 11,612 $ - $ 11,612

1.7 Cost Estimate 8 8 4 8 8 8 14 58 $ 13,060 $ - $ 13,060 Task 3 - CEQA Compliance Services Revised Environmental Documentation 56 108 8 68 240 $ 58,808 $ 17,820 $ 76,628

3.1 Revised Cultural Resources Study 4 4 8 $ 1,712 $ 3,520 $ 5,232

3.2 Revised Biological Resources Studies 4 4 8 $ 1,712 $ 14,300 $ 16,012

3.3 Additional Environmental Coordination 40 60 100 $ 29,300 $ - $ 29,300

3.4 Revised CEQA Documentation 16 40 8 60 124 $ 26,084 $ - $ 26,084 Task 4 - Jurisdictional Delineation and Permitting 28 20 89 74 12 16 239 $ 49,955 $ - $ 49,955

4.1 Revised Survey, Mapping, Impact Calculation, Report Preparation, and Regulatory Permitting (includes optional UAV Remote sensing updates) 28 20 89 74 12 16 239 $ - 49,955 $ 49,955 $ Task 5 - Utility Coordination and Additional Field Survey for Potholing (T&M) 6 6 6 16 10 2 4 8 58 12,942 $ - $ 12,942 $

5.1 Utility Coordination & Meetings (6) 6 6 12 6 30 $ 6,036 $ - $ 6,036

5.2 Additional Survey for Potholing 6 4 4 2 4 8 28 $ 6,906 $ 6,906 Task 6 - Project Management, Coordination & Meeting (T&M) 26 12 30 42 110 $ 24,598 $ - $ 24,598

6.1 Project Management and Coordination 8 12 20 $ 5,368 $ - $ 5,368

6.2 PDT Meetings (Estimate 12) 12 12 24 24 72 $ 15,096 $ - $ 15,096

6.3 Environmental Meetings (estimate 6) 6 6 6 18 $ 4,134 $ - $ 4,134 8 8 24 16 16 14 28 8 122
$ - 29,482 $ 29,482 $

7.1 Realignment and Pre-Coordination with Agencies 8 8 8 8 6 12 50 $ 12,882 $ - $ 12,882

7.2 Engineering Support Services for Environmental Documentation, Jurisdictional Delineation, and Permitting 16 8 16 8 16 8 72
$ - 16,600 $ 16,600 $
92 136 97 74 12 16 68 48 62 184 446 76 214 154 48 106 170 8 18 110 14 4 8 2165 $ 471,659 $ 24,420 $ 496,079 Optional Task 8 - Additional Work for Kinder Morgan (T&M) $ - $ 20,000 $ 20,000

8.1 Additional Work for Kinder Morgan $ - $ 20,000 $ 20,000 Total
Additional Engineering and Environmental Services for the Sun Lakes Blvd. Extension Project (C00660) Task 7 - Engineering Support Services for Environmental Documentation, Jurisdictional Delineation, and Permitting (T&M)
G:\Proposals\FORMAL PROPOSALS\City of Banning\015921 Sun Lakes Change Order\Sun Lakes CO 3 Budget_2023-07-06 7/6/202310:44 AM 311 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. 312
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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. 313
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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. 314
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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 315
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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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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. 319
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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 320
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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. 321
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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.
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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
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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
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January 15, 2026
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. 7- Proposal for Construction Engineering Support Services
Project: Sun Lakes Boulevard Extension Project (PSA C00660) Dear Patrick,
Albert A. WEBB Associates (WEBB) respectfully submits this proposal to provide Construction Engineering Support Services for the Sun Lakes Boulevard Extension Project. These services are designed to support the City of Banning during the construction phase of the Project and are consistent with the approved plans, technical specifications, City of Banning standards, and the Standard Specifications for Public Works Construction (Green Book).

WEBB has been contracted by the City of Banning to provide engineering services for the Sun Lakes Boulevard Extension Project. As the Project transitions into construction, additional engineering support is required to assist the City with material submittal reviews, responses to Requests for Information (RFIs), verification of grading quantities, preparation of record drawings, and participation in construction progress meetings.

The following proposal outlines WEBB’s understanding of the Project, the Exhibit “A” scope of services to be provided, and the Exhibit “B” proposed compensation for the scope of services.

If you find this proposal acceptable, please issue a contract amendment or task authorization to proceed. We appreciate the opportunity to continue supporting the City of Banning on the Sun Lakes Boulevard Extension Project. If you have any questions, please do not hesitate to contact me at 951-830-4305.

Sincerely,
ALBERT A. WEBB ASSOCIATES
Dilesh Sheth, PE, TE
Senior Vice President
325

PROJECT UNDERSTANDING
The Sun Lakes Boulevard Extension Project includes roadway, drainage, utility, signing, and striping, as well as related infrastructure improvements, between Highland Home Road and Sunset Avenue. During construction, the City requires ongoing engineering support to ensure the Project is constructed in general conformance with the approved plans, specifications, and City standards, while addressing field conditions, coordination issues, and Contractor inquiries.

The City will provide the construction management and inspection services, while WEBB will provide construction engineering support services.

EXHIBIT “A” SCOPE OF SERVICES
Task 1 – Construction Engineering Administration and Coordination WEBB will provide construction engineering support throughout the duration of construction, including:
 Coordination with the City Construction Manager, Resident Engineer/Inspector, and Contractor
 Interpretation of approved plans, specifications, and contract documents  Engineering support related to constructability and field conditions  Identification of potential impacts to design intent, scope, or schedule for City consideration
Task 2 – Material Submittal Review
WEBB will review Contractor material submittals for general conformance with the Contract Documents prior to construction or installation.

Services include:
 Logging and tracking submittals
 Coordinating multi-discipline reviews, as required
 Providing consolidated written comments and disposition  Reviewing resubmittals until an acceptable status is achieved  Includes a total of 20 submittal and resubmittal reviews, with an average of 1 hour of Engineer review time and 0.5 hour of Project Coordinator time per review.

Required Material Submittals (as applicable):
 Traffic Control Plans
 SWPPP / WPCP (QSD/QSP certifications)
 Earthwork and import/borrow material data
 Aggregate base and asphalt mix designs
 Portland cement concrete mix designs
 ADA detectable warning surfaces
 Storm drain pipe, structures, and appurtenances
 Signing, striping, and traffic control devices
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 Erosion control and BMP products
 Final material certifications and warranties
Task 3 – Requests for Information (RFI) Review and Response WEBB shall provide comprehensive engineering support for the review, evaluation, coordination, and response to Contractor RFIs.

Services include:
 Logging and tracking RFIs
 Reviewing RFIs for completeness and clarity
 Coordinating internally across disciplines
 Coordinating with City staff when RFIs may affect scope, cost, or schedule  Preparing written responses consistent with City standards RFIs shall be categorized by complexity to define the level of engineering effort required:

A. Simple RFIs (10)
Typically include:
 Clarification of notes, dimensions, quantities, or plan references  Interpretation of standard details or specifications
 Field questions that can be resolved without design modification Services include:
 Review and written response
 Minor plan markup or reference to contract documents. Includes a total of 10 RFIs, with an average of 2 hours of the Engineer’s time and 1 hour of the Project Coordinator and Project Manager’s time per RFI.

B. Medium-Complexity RFIs (5)
Typically include:
 Coordination between multiple disciplines
 Minor design refinements or field-driven adjustments
 Utility or drainage clarifications requiring limited analysis  Supplemental sketches or exhibits
Services include:
 Internal coordination and technical evaluation
 Preparation of clarification sketches or exhibits
 Written response with supporting documentation
 Medium plan markup or reference to contract documents. Includes a total of 5 RFIs, with an average of 4 hours of the Engineer’s time and 1 hour of the Project Coordinator's time per RFI.
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C. Complex RFIs (5)
Typically include:
 Differing site conditions
 Conflicts with existing utilities
 Discrepancies between plans and field conditions
 Utility conflicts requiring evaluation of alternatives  Drainage, grading, or roadway geometry impacts
 RFIs with potential cost, schedule, or scope implications  Issues requiring coordination with outside agencies or third parties Services include:
 Engineering analysis and evaluation of alternatives
 Coordination meetings with the City and project stakeholders  Preparation of detailed response narratives and supporting exhibits  Plan markup or reference to contract documents. Includes a total of 5 RFIs, with an average of 8 hours of the Engineer’s time and 1 hour of the Project Coordinator's time per RFI.

Identification of potential impacts for City consideration Task 4 – Construction Progress Meetings
WEBB will attend construction progress meetings (a total of 24) as requested by the City, 8 inperson meetings and 16 virtual meetings.

Task 5 – Grading Quantity Verification
WEBB shall perform grading quantity calculations for earthwork pay quantities based on survey data provided by the Contractor.

Services include:
 Review of Contractor-provided pre- and post-construction survey surfaces  Independent calculation of excavation, fill, and import/export quantities  Coordination with City staff and the Inspector to resolve discrepancies All field surveying shall be performed by the Contractor. WEBB’s role is limited to office-based quantity verification.

Task 6 – Record Drawings (As-Built Plans)
WEBB shall prepare Record Drawings for City acceptance.

Services include:
 Incorporating approved RFIs, field directives, and clarifications  Reviewing Contractor redline drawings
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 Updating plan sheets to reflect final constructed conditions Record Drawings shall be based on information provided by the Contractor and City. WEBB shall not be responsible for independent field verification.

EXHIBIT “B” COMPENSATION FOR SCOPE OF SERVICES
WEBB proposes to provide the Construction Engineering Support Services on a time-andmaterials basis, billed monthly in accordance with the attached Schedule of Fees.

The total fee for services described in Exhibit “A” shall not exceed $78,624 without prior written authorization from the City.
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Patrick Safari, CIP Manager
City of Banning Public Works Department
99 E. Ramsey Street
Banning, CA 92220
Sent via email to [email protected]
RE: Contract Amendment No. 8 for Offsite Compensatory Mitigation Support for the Sun Lakes Blvd. Extension Project
Dear Patrick,
Pursuant to our discussion on April 23, 2026, Albert A. WEBB Associates (WEBB) submits this contract amendment to provide ongoing support to the City to accomplish its offsite compensatory mitigation obligation for its Sun Lakes Blvd. Extension Project (Project). WEBB assisted the City with obtaining its regulatory permits for the Project from the California Department of Fish and Wildlife (CDFW) and the Colorado Regional Water Quality Control Board for Project impacts to jurisdictional waters. WEBB also assisted the City with obtaining its Incidental Take Permit (ITP) for the Project from CDFW for Bombus crotchii (Crotch’s bumble bee). Both the regulatory permits and ITP obligate the City to provide compensatory mitigation in the form of permittee-responsible mitigation, which has been identified at City-owned parcels along Smith Creek, located downstream of the Project.

To this end, WEBB has facilitated a partnership between the City and the Inland Empire Resource Conservation District (IERCD) and the Rivers and Lands Conservancy (RLC) to fulfill the various requirements of the mitigation from the regulatory permits and ITP. WEBB has expended its existing authorizations from the City on this Project, which were designed to support the City until the start of construction. Now that construction of the Project has commenced, the City needs to complete the permittee-responsible mitigation process and considering WEBB’s institutional knowledge base on the Project and the permit requirements, has requested we continue tracking the various permit requirements as described in the following Scope of Work.

SCOPE OF WORK
Task 1. Management and Coordination Support for Mitigation Associated with Regulatory Permits and Incidental Take Permit
Based on the regulatory permits and ITP, the process to complete all of the required mitigation obligations may take up to one year to complete. Therefore, for this Task, we have budgeted for 100 hours of support, or, roughly 8 hours per month for 12 months. Our work under this Task will consist of tracking progress by RLC and IERCD and overall progress on fulfilling the permit requirements; 330
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2 communications primarily with CDFW and some with the RWQCB; and reviewing on behalf of the City draft documents prepared by IERCD and RLC.

Compensation
The estimated cost for the scope of work for CA No. 8 to be billed on a not-to-exceed Time and Materials (T&M) basis is $23,550.

Task Description
Stephanie
Standerfer,
Principal II
Autumn
DeWoody,
Senior I
Cameron
Blomquist,
Assistant II
Total
Hours Cost
Task 1 CA-8 Mitigation Support
$312/hour $258/hour $147/hour - -
20 50 30 100 -
$6,240 $12,900 $4,410 - $23,550
WEBB’s current and proposed authorizations with this amendment are summarized below:

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
Change Order No. 6 $59,600
Change Order No. 7 $78,624
Total $1,443,330.66
Proposed Change Order no. 8 $23,550
Total Proposed Authorization $1,466,880.66
If you find this contract amendment acceptable, please provide a purchase order and notice to proceed to our office. We appreciate this opportunity to be of continued service to the City and look forward to hearing from you. If you have any questions regarding this amendment, please call us at the number below.
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3 Sincerely,
ALBERT A. WEBB ASSOCIATES
Autumn DeWoody
Senior Environmental Analyst
(951) 320-6046
[email protected]
Copy: Dilesh Sheth, Senior Vice President
Stephanie Standerfer, Vice President
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CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Holly Stuart, Public Works Program Manager Arturo Vela, Director of Public Works
MEETING DATE: June 9, 2026
SUBJECT: Consideration of Resolution 2026-80, Approving Amendment No. 5 to the Custodial Services Agreement with Executive Facilities Services, Inc. (EFS) in the amount of $246,725 for Fiscal Year 2026-2027 Custodial Services at City Facilities
STAFF RECOMMENDATION:

Adopt Resolution 2026-80
BACKGROUND:

On May 23, 2023, Resolution 2023-92 was approved, awarding a Custodial Services Agreement to EFS in the amount of $184,752.42 with the option to renew four (4) additional single-year periods. Upon the annual review of services, staff recommended a one-year contract extension.

On June 11, 2024, Amendment No. 1 to the agreement was approved, extending the term for a one-year period and adding janitorial supplies (e.g., toilet paper, hand soap, paper towels, etc.) in the amount of $221,492.44 for Fiscal Year (FY) 2024-2025, beginning July 1, 2024, through June 30, 2025.

On May 27, 2025, Amendment No. 2 to the agreement was approved, extending the term by an additional year for $224,511.56, beginning July 1, 2025, through June 30, 2026, increasing the total contract to $630,756.42. During this period, Amendments No. 3 & 4 were administratively processed, increasing the agreement to $644,085.42. Amendment No. 3 added services for 3 days/week restroom cleaning services at the Senior and Community Center, and Amendment No. 4 added monthly PD West cleaning services.

At this time, staff has evaluated and confirmed that the contractor continues to provide satisfactory services; therefore, staff recommends a term extension for FY 2026-2027 beginning July 1, 2026, through June 30, 2027. Overall, based on the change in the Riverside-San Bernardino-Ontario Consumer Price Index for the March 2025 to March 2026 period, the increase in annual compensation is within the CPI change and amounts to approximately 3.10%. If approved, Amendment No. 5 will increase the compensation under the agreement by $246,724.64, which includes services and supplies. The total agreement will amount to approximately $890,810.06, with the remaining option to renew for one (1) additional year.

Fiscal Year
Document
Description
Action
Annual
Compensation
Cumulative
Contract Value
334
FY 2023-2024 Original
Agreement
Original
Agreement $184,752.42
FY 2024-2025 Amendment 1
Annual Renewal
w/ addition of
supplies
$221,492.44 $406,244.86
FY 2025-2026 Amendment 2 Annual Renewal $224,511.56 $630,756.42 FY 2025-2026 Amendment 3
Community
Services
Restrooms
$12,454.00 $643,210.42
FY 2025-2026 Amendment 4 PD West $875 $644,085.42
FY 2026-2027
Proposed
Amendment 5
Annual Renewal
(excluding PD
West)
$246,724.64 $890,810.06
The scope of work for renewal services includes five (5) days per week, facility maintenance of the Civic Center, City Yard, and Banning Police Department. The Banning Water Shop, Community/Senior Center Restrooms, and park restrooms require services three (3) days per week, with the Community/Senior Centers being restricted to quarterly floor and window cleanings. Additional compensation for Fiscal Year 2026-2027 services amounts to $217,826.44, including $2,500 for services as needed.

In addition to custodial services and cleaning supplies, the agreement provides consumable janitorial supplies (e.g., toilet paper, hand soap, paper towels, etc.). It also includes all labor for inventory maintenance, ordering, delivery, and stocking of supplies for all City facilities serviced under the agreement. Additional compensation for this portion of the Agreement totals $28,898.20, including $2,500 for services and or supplies as needed.

Regarding janitorial supplies, it is also important to note that products provided under this approval will meet the State recycled-content paper requirements outlined by Senate Bill 1383 (CARecycling.ca.gov) and summarized below. Beginning January 1, 2022, SB 1383 requires jurisdictions to purchase recycledcontent paper products that are recycled:
• Toilet paper shall consist of at least 45 percent, by fiber weight, post-consumer recycled content fiber • Paper towels shall consist of at least 40 percent, by fiber weight, post-consumer recycled content fiber
• Toilet seat covers shall consist of at least 20 percent, by fiber weight, post-consumer recycled content fiber
This extension supports the City’s strategic goals by maintaining clean, safe, and well-kept public facilities that enable efficient internal operations and reliable service delivery for the community.

JUSTIFICATION:

Custodial services are needed to provide regular scheduled custodial services to effectively, efficiently, and safely maintain a high level of cleanliness for City facilities. Upon evaluating the existing services provided by EFS, staff recommends renewing the contract and processing Amendment No. 5 for FY 2026-2027. If approved, one (1) additional extension year remains for contract renewal.

FISCAL IMPACT:

Amendment No. 5 will be funded by the operational budget of the Building and Maintenance Division, Account 704-3200-412.33-18 (Custodian Services).

ATTACHMENTS:
335

1. City Of Baning 2027 Rates with CPI Increase.xlsx

2. Orig_C00845_EFS.pdf

3. Amend No 1 EFS.pdf

4. Amend No 2 EFS.pdf

5. Amend No 3 EFS.pdf

6. Amend No 4 EFS.pdf

7. Amendment No 5 C00845 - FINAL DRAFT.pdf

8. Reso_2026-80 JT edits.docx
336
Building
City Hall
City Yard
Police Dep.

Fleet Management
Water Shop
Community & Senior Center
Community & Senior Center Restroom Service
Lions Park
Repplier Park
Roosevelt Park
Sylvan Park
Building
City Hall
City Yard
Police Dep.

Fleet Management
Water Shop
Community & Senior Center
Lions Park
Repplier Park
Roosevelt Park
Sylvan Park
337
338
Current Monthly Rate CPI Increase Amount
$ 4,151.21 3.10% $ 128.69
$ 2,905.87 3.10% $ 90.08
$ 5,396.08 3.10% $ 167.28
$ 415.51 3.10% $ 12.88
$ 746.71 3.10% $ 23.15
$ 549.46 3.10% $ 17.03
$ 1,245.40 3.10% $ 38.61
$ 498.52 3.10% $ 15.45
$ 498.52 3.10% $ 15.45
$ 498.52 3.10% $ 15.45
$ 498.52 3.10% $ 15.45
Total Current Rates Total Increase Amount / Month
$ 17,404.33 $ 539.53
Current Monthly Rate CPI Increase Amount
$ 548.21 3.10% $ 16.99
$ 383.73 3.10% $ 11.90
$ 712.61 3.10% $ 22.09
$ 54.82 3.10% $ 1.70
$ 98.62 3.10% $ 3.06
$ 72.57 3.10% $ 2.25
$ 65.78 3.10% $ 2.04
$ 65.78 3.10% $ 2.04
$ 65.78 3.10% $ 2.04
$ 65.78 3.10% $ 2.04
Total Current Rates Total Increase Amount / Month
$ 2,133.70 $ 66.14
Janitorial Services
Supplies
339
340
New Rate
$ 4,279.90
$ 2,995.96
$ 5,563.36
$ 428.39
$ 769.85
$ 566.49
$ 1,284.01
$ 513.98
$ 513.98
$ 513.98
$ 513.98
FY 2027 Rates
$ 17,943.87
New Rate
$ 565.20
$ 395.62
$ 734.71
$ 56.52
$ 101.68
$ 74.82
$ 67.82
$ 67.82
$ 67.82
$ 67.82
FY 2027 Rates
$ 2,199.85
341
342
AGREEMENT FOR CONTRACT SERVICES (C00845)

FOR CUSTODIAL SERVICES
By and Between

THE CITY OF BANNING,

A MUNICIPAL CORPORATION
and
EXECUTIVE FACILITIES SERVICES, INC.,
a California corporation
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 343
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AGREEMENT FOR CONTRACT SERVICES (C00845) FOR THE CITY-WIDE

CUSTODIAL SERVICES BY AND BETWEEN CITY OF BANNING AND
EXECUTIVE FACILITIES SERVICES, INC.

THIS AGREEMENT FOR CONTRACT SERVICES (herein” Agreement”) is made and entered into this day: ________________, by and between the CITY OF BANNING, a municipal corporation (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals (RFP No. 23-023), the performance of routine custodial services for City facilities, as defined and described particularly in Article 1 of this Agreement.

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

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

D. The Parties desire to formalize the selection of Contractor for performance of those Services defined and described particularly in Section 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

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

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those Services specified in the “Scope of Services” attached hereto as Exhibit “A” and “A-1” and incorporated herein by this reference, which Services may be referred to herein as the “Services” hereunder. As a material inducement to the City entering into this Agreement, Contractor 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.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

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1.2 Order of Precedence.

The Scope of Services shall include the City’s Request for Proposals (“RFP”) and the Contractor’s Response to the City’s RFP (“Response”), which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of this Agreement and the RFP or Response, the terms of this Agreement shall govern, including but not limited to any insurance and indemnification language. In the event of any inconsistency between the terms of the City’s RFP and the Contractor’s Response, the City’s RFP shall govern.

Sections XXII (Withheld Contract Funds), XXVII (Payroll), XXIX (Labor Standards Provision), XXX (Labor Discrimination) and XXXII (Anti-Trust Claims) of the RFP are hereby deleted from the Scope of Services.

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement.

Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

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

1.6 Additional Services.

City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra Services beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said Services. No such extra Services may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to $2,000.00; or in the time to perform of up to one hundred eighty DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 345
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(180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to Services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor 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 Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “A” and “A-1”, and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Eighty-Four Thousand Seven Hundred Fifty-Two Dollars and Forty-Two Cents ($184,752.42) (the “Contract Sum”).

2.2 Method of Compensation.

On or about the first of each month the Contractor shall submit an invoice and all reports required by this Agreement for Services performed in the prior month. (a) This invoice shall be in accordance with the Contract Sum and shall become the basis for payment.
(b) This invoice shall be subject to review and approval by the Public Works Director or designee.
(c) All submitted invoices, approved by the Public Works Director or designee, shall require four (4) weeks for processing by the City of Banning, Finance Department. (d) Any charges in the invoice not approved by the Public Works Director or designee shall not be paid by the City.
(e) Compensation may be adjusted annually, on July 1st of each year commencing on July 1, 2021, during the term of the Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino-Ontario Area, or any successor index, as set forth over the previous available twelve (12) months prior to the date of adjustment.
(f) All Services are subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

ARTICLE 3. TERM

3.1 Term.

The Term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Article 6 of this Agreement. The Parties, by mutual written agreement, may extend the Term of this Agreement for up to four (4) succeeding terms of one (1) DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 346
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year each. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principal of Contractor (“Principal”) is hereby designated as being the Principal and representative of Contractor authorized to act on its behalf with respect to the Services specified herein and make all decisions in connection therewith.

Art Ojeda, Director of Operations

4.2 Representative Name, Title.

It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principal was a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principal. For purposes of this Agreement, the foregoing Principal may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance.

4.3 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.4 Contract Officer.

The Contract Officer shall be such person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and the Contractor shall refer any decisions which must be made by City to the 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 the City required hereunder to carry out the terms of this Agreement.

DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 347
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4.5 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.6 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of the 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 Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION

5.1 Insurance Coverages.

Throughout the life of this Agreement, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) that meet the standards specified in Section 5.5. The language of this Article 5 supersedes any indemnity and insurance language in Exhibits A or A-1. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for “bodily injury,” “property damage” and “personal and advertising injury” with coverage for premises and operations (including the use of owned and non-owned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 348
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$2,000,000 aggregate for products and completed operations $2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

If this Agreement continues for more than three (3) years duration, or in the event the City Manager or his/her designee determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager, or his/her designee.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self-insured retentions.

Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to City, its Council members, officers, officials, employees and agents; or (ii) Contractor shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall the City be responsible for the payment of any deductibles or self-insured retentions.

5.2 General Requirements.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 349
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The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing and completed operations) and Automobile Liability shall name City and its officers, officials, employees, agents and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Contractor’s insurance shall be primary and no contribution shall be required of City. The coverage shall contain no special limitations on the scope of protection afforded to the City and its officers, officials, employees, agents and volunteers. The Workers’ Compensation insurance policy shall contain a waiver of subrogation as to City and its officers, officials, employees, agents and volunteers.

Should Contractor maintain insurance with broader coverage and/or limits of liability greater than those shown above, City requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

If at any time during the life of this Agreement or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that become due to Contractor shall be withheld 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. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Agreement.

Upon request of City, Contractor shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify City and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, employees, agents, persons under the supervision of Contractor, vendors, suppliers, invitees, subcontractors, or anyone employed directly or indirectly by any of them.

If Contractor should subcontract all or any portion of the Services to be performed under this Agreement, Contractor shall require each subcontractor to provide insurance protection in favor of City and its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors’ certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

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5.3 Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnities.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or 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 Contractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that 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. Contractor 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Contractor shall pay all required taxes on amounts paid to Contractor 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. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement.

If Contractor fails to obtain such indemnity obligations, Contractor 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 Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor 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. Contractor’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 351
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its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor 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 Section 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. Contractor’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement.

5.4 Sufficiency of Insurer
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than three (3) years duration, or in the event the Risk Manager determines that the work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors 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 “Books and 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 Books and 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 Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of 3 years following completion of the Services hereunder, and the City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 352
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Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Documents and Materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor 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 Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted Documents and Materials without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise or assignment. Contractor may retain copies of such Documents and Materials for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the Services performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 353
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provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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 Contractor 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.

7.2 Disputes; Default.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any Services performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices.

In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, 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 the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

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

Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 354
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provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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

7.5 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.

7.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in Exhibit A, Section XX . The City may withhold from any monies payable on account of Services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor 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 the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Section 2.2 or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor 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 7.2.

DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 355
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7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the Services and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with 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 attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a Party entitled to attorney’s 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 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor 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 Contractor’s performance of Services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor 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 the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 356
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8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Contractor 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 Contractor 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, Contractor 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 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication that either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF BANNING, 99 East Ramsey Street, Banning, CA 92220 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 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.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes 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 amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 357
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City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

9.6 Time is of the Essence. Time is of the essence in every provision of this Agreement in which time for performance is a factor.

9.7 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 said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 358
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

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

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

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

DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 6/6/2023
92504
54-2445448
6/7/2023
6865 Weaver St
Riverside, CA.

Jim Ferraro
OWNER
6/7/2023
6/7/2023
2023-092
359
Exhibit A -1
EXHIBIT “A”

SCOPE OF SERVICES
I. Contractor will perform the following Services:

As specified in RFP No. 23-023.

II. Contractor will perform the services listed in RFP No.23-023 at the following rates:

DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 360
Exhibit A-1 -1
EXHIBIT “A-1”

SCOPE OF SERVICES
I. Contractor will perform the following Services:

As specified in the RFP 23-023 City-wide Custodial Services and Contractor Proposal attached hereafter:

DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 361
EXECUTIVE FACILITIES SERVICES, INC.

B.Statement of Understanding and Approach

PROJECT SCHEDULE/IMPLEMENTATION PLAN
for Night Janitorial, Day Janitorial and Additional Services In order to fully develop our approach to servicing the City of Banning's facilities, EFS, Inc. will develop a Project Schedule/Implementation Plan. We have found this tool to be the most successful for ensuring excellent service for new and existing clients. The Project Schedule/Implementation Plan is adhered to by all members of our team. This Project Schedule/Implementation Plan was developed and has been tested by Jim Ferraro, Company Owner, who is actively involved in all aspects of the business. We view our Project Schedule/Implementation Plan as a "living document" that continues to evolve based upon our clients’ site-specific requirements.

All of our Operations Managers, Supervisors, site-specific lead employees, on-site employees, and support staff play a role in our Project Schedule/Implementation Plan. If EFS, Inc. is awarded the contract to provide janitorial services at all of the City of Banning's buildings, a detailed Project Schedule/Implementation Plan for each location will be developed. EFS, Inc.’s Project Schedule/Implementation Plan will strictly adhere to the scope of services that has been provided in the Request for Proposal for janitorial services for all the City of Banning's facilities.

The Project Schedule/Implementation Plan will also include the site-specific needs and/ or requirements that are identified during our initial site visits with a representative from the City of Banning in order to understand all needs. We have learned from experience that this additional information is vital to a successful startup of services and for a seamless start-up for our clients.

It all begins with an initial meeting with the appropriate City of Banning representatives and the EFS, Inc. management team to thoroughly review and discuss all aspects of the scope of services. If EFS, Inc. is awarded the contract, we will work closely with the City of Banning staff to ensure that each location has been thoroughly cleaned and disinfected nightly.

Our Project Schedule/Implementation Plan will enable EFS, Inc. to create a detailed plan for performing the janitorial services that are required as per the Request for Proposal and scope of services that has been provided by the City of Banning.

EFS, Inc. has reviewed the scope of work listed page 30 to 39 in the Request for Proposal in order to make a detailed schedule for each building. Through our 19 years of experience, this process allows us to monitor, schedule, and perform regular additional services effectively and with little interruption to our clients. Performing additional services at each location on a semi-annual schedule will provide the City of Banning with janitorial services that exceed their staff and residents’ expectations.

EFS, Inc. has performed similar services for cities like Thousand Oaks, Agoura Hills, Oxnard, and Costa Mesa. Each of our existing clients had detailed and itemized requirements in their scope of work which EFS, Inc. has responded to accordingly. Each of our clients has a city hall, council chambers, and water facility which required additional training and services to maintain and prepare the location for resident visibility.
6 EXHIBIT "A-1" EXHIBIT "A-1" - 2
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 362
EXECUTIVE FACILITIES SERVICES, INC.
(Continued)
EFS, Inc. has provided a detailed breakdown of the estimated crew size and hours for each location in the work schedule provided following this section. We will utilize this work schedule to coordinate what time our employees will be at each site, and utilize the scope of work to train each employee on what each of the daily, weekly, and monthly services are that need to be completed.

Utilizing time tested and proven quality control processes, EFS, Inc. will continually monitor our employees through day and night supervision to ensure that each service is completed to a standard above the current expectations. We have implemented time tracking through an app based system that gives a clear indication of when our employees are on site, and the duration of the time on site.

EFS, Inc. has perform an in-depth wage analysis for the City of Banning and its surrounding areas, and will be paying its employees servicing its sites at $16.50 per hour, one dollar above the State of California's minimum wage.

EFS, Inc. clearly understands the importance of providing thorough janitorial services for these locations and maintains the same attention to detail day in and day out to ensure that the City of Banning staff and citizens can be confident that the areas they are visiting have been cleaned properly.

Christian Ferraro, Operations Manager, will serve as the main point of contact for the City of Banning and its staff. Christian Ferraro will be supported by Jim Ferraro, our management team members, and our administrative staff throughout the life of the contract. Christian Ferraro possesses excellent communication skills, and he has learned that ongoing communication is one of the keys to success in the service industry. 7 EXHIBIT "A-1" EXHIBIT "A-1" - 3
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 363
EXECUTIVE FACILITIES SERVICES, INC.

CITY OF BANNING WORK SCHEDULE AND

CLIENT LIST
8 EXHIBIT "A-1" EXHIBIT "A-1" - 4
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 364
Building Name Address
Estimated Cleaning
Square Footage

1. Banning City Hall
(Civic Center)
99 E. Ramsey Street 20,600

2. Banning Police Department 125 E. Ramsey Street 28,000

3. City Yard 176 E. Lincoln Street 5,400

4. Fleet Maintenance Office 176 E. Lincoln Street 620

5. Water Shop 3333 Bluff Road 1,000

6. Community Center / Senior
Center
789 N. San Gorgonio
Avenue
8,800

7. Lion’s Park Restroom 955 South Hargrave
Street
200

8. Repplier Park Restroom 201 W. George Street 320

9. Roosevelt Williams Park
Restroom
1101 E. George Street 280

10. Sylvan Park Restroom 789 N. San Gorgonio
Ave.
240
Total Estimated
Cleaning Square
Footage:
65,460
The City is looking to contract for five (5) days a week custodial services for the City of Banning City Hall (Civic Center), City Yard, and Banning Police Department. as provided in the specifications. The Banning Water Shop will require three (3) days per a week custodial services only. The Community Center/Senior Center custodial services shall include quarterly floor and window cleaning per the specifications. The Park Restrooms require 3 days per week cleaning. All facilities are located in the City of Banning. A Building Location Map is attached.

SCOPE OF WORK AND SPECIFICATIONS:

The intent of these specifications is to secure a Contractor which shall provide COMPLETE CUSTODIAL SERVICES in a cost effective and professional

CITY OF BANNING SCOPE OF WORK
9 EXHIBIT "A-1" EXHIBIT "A-1" - 5
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 365
manner.
a. The Contractor shall supply all licenses, permits and fees necessary to complete work. The Contractor agrees to indemnify, defend and hold harmless the CITY OF BANNING for any and all loss, liability, damages, claims or demands of employees, agents and workers of the Contractor, or of all provisions hereof.
b. The Contractor shall furnish all labor, tools, materials, and equipment to provide custodial services as set forth in the specifications. c. The City shall provide trash liners and paper products; toilet tissue, seat liners, and paper towels, for the services set forth in the specifications. d. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Public Works Director or designee and comply with all legal generally accepted practices for custodial services. The premises shall be maintained at the level of service provided for in these specifications at all times.
e. The Contractor shall have the duty to provide complete custodial services of all work sites listed including, but not limited to duties listed in and any others added in the future. When additional services or portions thereof, are accepted by the City and become part of the custodial service contract, the City and Contractor shall negotiate a fair and reasonable cost to compensate the Contractor for the newly assigned work. f. Employees of the Contractor shall not disturb papers on desks, open drawers of cabinets, use telephones, radios or television sets or tamper with personal or City property. Employees of the Contractor shall report anything out of the ordinary, such as cracked windows. Employees of the Contractor shall call the Banning Police Department immediately when they observe anyone destroying City property either inside or outside the building. Upon leaving, when applicable, the employees of the Contractor shall see that all doors and windows so designated are locked, and lights so designated are turned off.
g. Coordination and Phasing – The Contractor shall hereby be made cognizant of the fact that the Council Chambers, meeting rooms, and, at times, conferences rooms and office spaces will be in use by employees and residents before or after normal working hours. All work shall be performed in a phased operation so that these meetings are not disrupted.

In no case shall work commence in an area occupied for meeting purposes. The City Hall Information Desk will supply the Contractor with LISTINGS of all scheduled meetings; however, department conferences and impromptu meetings are not scheduled and must be handled as they occur.
h. Personnel Attire – All employees shall be required to wear appropriate attire that readily identifies the individual as an employee of the Contractor. Additionally, the individual will wear a picture identification badge that identifies the individual and Contractor. All badges as required by this contract will be approved by the Public Works Director or designee 10 EXHIBIT "A-1" EXHIBIT "A-1" - 6
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 366
and be provided by the Contractor at the Contractor’s expense. i. SPECIAL CONDITIONS
i. The Contractor is to provide each of the items with the Bid Package as listed below:

1. Organizational chart including executives.

2. The contact of the assigned foreman or supervisor.

3. Current number of employees of the company.

4. Brief description of company personnel and training
procedures.
ii. Level of cleaning with frequency charts of each building. Service frequencies must be equal or exceed those specified.
iii. Inventory of all equipment and adequate cleaning supplies to be kept on the premises.
j. QUALITY CONTROL:
i. Inspection/Checklist:

1. The Contractor shall create and provide an
“Inspection/Checklist Form” for each facility location as approved by the Public Works Director or designee. The
Contractor’s personnel will use this form to reflect services performed and any exceptions to the requirements.

Additionally, both the Contractor’s Supervisor and Public Works Director or designee evaluating the effectiveness and adequacy of services performed, will use this form. This form will be completed daily and be maintained in the
Janitor’s closet in an appropriate binder. The Contractor will post a copy of the daily, weekly, monthly, quarterly, annual tasks as listed in these specifications in the Janitor’s closet.

A copy of the inspection/checklist will be forwarded to the Public Works Director or designee on a weekly basis.

2. Shift Log Sheet: The Contractor shall create a “Shift Log Sheet” for its personnel to sign in and out at each shift. The Shift Log Sheet shall be provided and maintained by the Contractor and located in the Janitor’s closet for each facility location.

3. Service Log Sheet: The Contractor shall create a “Service Log Sheet” which will be maintained and checked daily for customer requests at each facility location. Items requiring completion will be so noted at the end of each shift.
k. The Janitor’s closet will be kept in a neat, clean and orderly condition at all times, and securely locked when not in use. The Janitor’s closet will be stocked with ample consumable items at all times. The Contractor will complete the “Inspection/Checklist”, “Shift Log Sheet” and “Service Log Sheet” daily and file it in an appropriate binder located in Janitor’s closet. l. Requirements Subsequent to Contract Execution – The Contractor is hereby required to conform to the following:
i. The Contractor shall furnish all labor, cleaning materials and 11 EXHIBIT "A-1" EXHIBIT "A-1" - 7
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equipment necessary to perform the specified work, with the exception of owner consumable items such as toilet paper, paper towels, hand soap refills for dispenser units, sanitary napkins, toilet seat covers and waste container liners. The Contractor shall be responsible to secure City supplied items and refill all containers and dispensers. The Contractor may propose as an alternative option the cost of these consumable items. This alternative proposal will include the individual cost of each item being proposed.
ii. The Contractor’s equipment shall be new or in the best maintained working order for its intended function. Hepa type filtered vacuum cleaner must be used for all facilities. Equipment, which is faulty or does not perform to the satisfaction of the City, shall be replaced.

Contractor equipment and supplies shall be stored only in the areas designated by the City.
m. The Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification.
n. The Contractor will maintain photo identification badges for all individuals performing services under the said contract identifying the company’s name, individual’s name, title of the individual, and a picture image of the individual. Background checks and clearance will be performed by the contractor in a manner approved by the City and maintained in a binder utilized by the Contractor to log in and log out at each location. Badges and background check to be approved by City staff will be provided at the contractor’s expense.

III. SPECIFICATIONS - FREQUENCY OF SERVICE:

The following is an itemized list by area of cleaning activities required five (5) times per week for the Civic Center, City Yard, and Police Department facilities, Monday through Friday. The Water Shop and Park Restrooms require cleaning activities (3) times per week to occur on Monday, Wednesday and Thursday of each week unless otherwise agreed upon by the Contractor and City. a. GENERAL Procedure – ALL AREAS – DAILY
i. Empty all desk and area trash and recycling container bins; materials shall not be comingled.
ii. Replace container liners as required.
iii. Sweep all composition floors with chemically treated dust mops. iv. Sweep all bar contrite floors with sweeping compound. v. Spot mop or clean spillage on floors, bare concrete, vinyl-tile, or carpet.
vi. Spot clean interior office window as needed or requested. vii. Remove all graffiti from walls and furniture. Notify the Director of Public Works or designee of any graffiti that cannot be removed with normal graffiti removal cleaning solutions.
12 EXHIBIT "A-1" EXHIBIT "A-1" - 8
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viii. Maintain custodial closets and storage areas clean and orderly. ix. Disinfect all doorknobs / handles throughout City facilities. x. Secure all exterior doors and turn off all but security night lighting when applicable.

NOTICE: Under no circumstances shall any papers, books, documents or equipment be touched, moved or displaced.

SPECIAL NOTE: Any suspiciously important envelope or other material found in the trash or recycling containers or on the floor shall be left in the area with a note.
b. RESTROOMS – DAILY
i. Empty all trash containers, replace all liners.
ii. Wash all consumable product containers.
iii. Refill all consumable products with City-furnished supplies. iv. Sweep floor clear of all debris.
v. Damp mop and disinfect all resilient and ceramic floors. vi. Wet wipe and disinfect toilet partitions with a cleaning and sanitizing solution.
vii. Empty and sanitize all sanitary napkin disposal units. viii. Clean and polish all vitreous fixtures, including toilet bowls, tanks, urinals, and hand basins; clean tile and tile flooring in men’s shower/restroom with a cleaning and sanitizing solution. ix. Clean and disinfect all flush rings, drain and overflow outlets. x. Clean and disinfect tops and underside of toilet seats. xi. Clean and polish all chrome fittings.
xii. Clean and polish all glass and mirrors.
xiii. Clean splash marks on walls adjacent to or over sinks. xiv. Remove spot, stain, and splash marks and all graffiti from walls and partitions. (Notify the City’s Public Works Director or designee of any graffiti that cannot be removed with normal graffiti removal solutions.)
xv. Dust metal partitions, wet wipe and clean both sides of restroom entry doors.
xvi. Remove fingerprints from glass, doors, door frames, and light switches.
xvii. Report any or all water leaks, plugged lavatories, etc., to the Public Works Director or designee.
c. ALL AREAS – WEEKLY
i. Dust all high and low horizontal surfaces, including sills, ledges, moldings, shelves, locker tops, frames and file cabinets. 13 EXHIBIT "A-1" EXHIBIT "A-1" - 9
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ii. Empty all recyclable bins or as needed and place in recyclable bin.

Contractor shall not commingle recyclable material with trash. iii. Damp wipe plastic and leather furniture.
iv. Remove fingerprints from glass partitions, metal door frames and light switches in office areas.
v. Clean and polish bright metal to 70” height.
vi. Clean and sanitize waste containers in restrooms and break areas. vii. Clean the interior of the microwave oven, toaster, and conventional stove in the employees’ kitchen/lunchroom area.
viii. Enzyme clean all floors and walls.
ix. Disinfect all doorknobs.
x. Empty and wipe clean all desk and counters.
xi. Vacuum all carpeting with attention to high use areas. The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
xii. Spot clean carpeting.
xiii. Spot mop or clean spillage on floors, bare concrete, vinyl-tile, or carpet.
xiv. Clean ducts and soft buff all counters, tables, chairs and furniture. xv. Spot clean to remove fingerprints from glass and metal doorframes of entry doors and wall switches; including all conference rooms. xvi. Clean customer service windows.
xvii. Clean, sanitize and polish all drinking fountains. xviii. Clean interior and exterior of all glass panel doors and windows. xix. Perform low dusting, defined as floor level to five feet above floor, including base molding or top set, sill ledges, chair and personnel rails, partitions, chairs, tables, desks, telephones, filing cabinets, and all office furniture.
xx. BI-WEEKLY- Polish buff hard and resilient floors in traffic areas.

REMOVE HEEL MARKS.
d. ALL AREAS – MONTHLY
i. Clean entire interior/exterior glass partitions and metal doorframes. ii. Thoroughly wash all restroom floors and detail corners to remove residual buildup.
iii. Clean entire desktops in a manner that does not disturb papers, folders, files, binders, etc.
iv. Dry dust wood paneled surfaces.
v. Remove dust and cobwebs from ceiling areas; vacuum all ceiling vents, taking care to not move directional vents.
vi. Spray buff entire resilient and hard surface floor areas. vii. Spot clean all carpeted areas.
viii. Detail vacuum carpet edges and under desks and office furniture.

The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.
ix. Completely clean the entire interior of the refrigerator. A “Notice” shall remain posted on the refrigerator at all times of the day of 14 EXHIBIT "A-1" EXHIBIT "A-1" - 10
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clean up. Therefore, any items such as expired food, containers, etc., within the refrigerator shall be discarded by the Contractor.

The City shall notify staff internally and provide ample notice to them. The contractor shall notify the Public Works Director or designee one (1) week in advance of the cleaning or a set day of the month shall be determined. Any items labeled “Keep” by its owner shall remain after cleaning.
e. ALL AREAS – QUARTERLY
i. Clean windows, interior and exterior including all windows that are located in high spaces.
ii. Clean and polish office furniture.
iii. Damp clean diffuser outlets in ceiling and walls.
iv. Dry clean area adjacent to diffuser outlets.
v. Wash all waste baskets.
vi. Dust Venetian blinds.
vii. Spray buff resilient and hard surface floors. Apply floor finish and ensure that all floors maintain a shine leaving no residual floor finish.
viii. Completely clean the entire interior of the freezer portion of the refrigerator and discard all food items not labeled “keep” by its owner. Provide at least a two week notice to staff and post a notice of the date of cleaning. If additional cleaning is required, the Contractor will be notified.
ix. Wash and sanitize chairs and tables in employee break rooms and conference rooms located in all buildings.
x. Wash and sanitize metal partitions and wall surfaces in all restrooms.
f. SEMI-ANNUAL REQUIREMENTS
i. Clean and polish all baseboards.
ii. Dust lighting fixtures
iii. Damp clean lobby and reception chairs.
iv. Move all furniture, deep clean all carpeted surfaces using a water extraction method.
v. Move all furniture, strip, wash and machine polish resilient and hard surface floors.
vi. Steam clean showers and shower drainage trough.
g. ALL AREAS – ANNUALLY
i. Clean and polish baseboards.
ii. Dust lighting fixtures.
iii. Damp clean lobby and reception chairs.
iv. Move all furniture, deep clean all carpeted surfaces using a water extraction method.
v. Move all furniture, strip, wash and machine polish resilient and hard surface floors.
vi. Steam clean showers and shower drainage trough.
h. AREA SPECIFIC REQUIREMENTS
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i. LOBBY AREAS AND MAIN CORRIDORS

1. Daily spot cleaning of all glass, metal doorframes; interior and exterior, and main entrance door passageways/lobby
area.

2. Daily remove all trash and place in bins at pickup area.

3. Daily clean and sanitize drinking fountains in the
lobby/restroom areas.

4. Weekly dust mop/vacuum floor areas. The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.

5. Weekly damp mop resilient tile.

6. Monthly wash all glass partition, interior and exterior, and metal doorframes of passageway/front lobby entrance area.

7. Quarterly deep clean all high-traffic and carpeted areas. ii. COUNCIL CHAMBER AND ADJACENT MEDIA ROOM AND

CORRIDORS

1. Weekly dry wipe and buff microphones with extreme care.

2. Weekly clean stage chairs.

3. Monthly vacuum Council Chambers Media Room and clean glass window.

4. Monthly wash interior and exterior glass partition and metal doorframes in east entry lobby area.

5. DO NOT CLEAN any electronic buttons, switches or gears.

6. Quarterly deep clean all high-traffic and carpeted areas. iii. PRIVATE OFFICE AREAS (i.e. City Manager, Directors, City Council Members Office)

1. Daily empty all trash and recycle containers; materials shall not be comingled, and liners shall be replaced as required.

2. Weekly dust and wipe clean desks and counters. Contractor shall not disturb paper, binders, folders etc.

3. Weekly vacuum carpet floor, as needed, minimum once a week. The contractor is responsible for moving and replacing items that are less than 50 pounds in order to thoroughly vacuum.

4. Monthly clean glass window interior.
iv. EMPLOYEE BREAK ROOMS AND KITCHENS

1. Daily empty, wash, disinfect and replace liners in all trash containers and place trash in bins at pickup area.

2. Daily empty, wash and disinfect all recycle containers in a manner that does not commingle recyclable materials with trash.

3. Daily clean and disinfect all counter tops, tabletops, and interior of sink.

4. No cleaning of dishes, silverware, or coffeepots will be required.

5. Do not clean coffee machines. Leave machines plugged in 16 EXHIBIT "A-1" EXHIBIT "A-1" - 12
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and in the same “on” or “off” position as left by staff, unless an empty coffee pot has been left on top of any “on”
element, then it shall be removed and set aside.

6. Weekly clean exterior of all appliances; refrigerator, conventional oven, microwave oven, and toaster oven in the employee kitchen/lunchroom area.

7. Weekly dust mop/vacuum hard floor area, wet mop and
disinfect all resilient/hard surface floor area and spot clean all carpet adjacent thereto.

8. Weekly dust miscellaneous furniture (chairs, couches, etc.).

9. Weekly damp mop resilient tile.

10.Weekly remove fingerprints from doors, frames, light switches, handles and push plates.

11.Monthly clean interior of refrigerator.

12.Restock paper towels containers as necessary.
v. COMMUNITY CENTER AND SENIOR CENTER

1. Quarterly buffing/waxing of all floors and shampooing of all carpets (excluding the multi-purpose room gym floors and the Community Center)

2. Quarterly window cleaning.
vi. WATER SHOP: Services provided to the Water Shop will be restricted to the administration offices, break room area and restroom.
vii. PARK RESTROOMS (LIONS, REPPLIER, ROOSEVELT

WILLIAMS, SYLVAN)

1. Empty all trash containers, replace all liners.

2. Wash all consumable product containers.

3. Refill all consumable products with City-furnished supplies.

4. Sweep floor clear of all debris.

5. Damp mop and disinfect all resilient and ceramic floors.

6. Wet wipe and disinfect toilet partitions with a cleaning and sanitizing solution.

7. Empty and sanitize all sanitary napkin disposal units.

8. Clean and polish all vitreous fixtures, including toilet bowls, tanks, urinals, and hand basins; clean tile and tile flooring with a cleaning and sanitizing solution.

9. Clean and disinfect all flush rings, drain and overflow outlets.

10. Clean and disinfect tops and underside of toilet seats.

11.Clean and polish all chrome fittings.

12.Clean and polish all glass and mirrors.

13.Clean splash marks on walls adjacent to or over sinks.

14.Remove spot, stain, and splash marks and all graffiti from walls and partitions. (Notify the City’s Public Works Director or designee of any graffiti that cannot be removed with 17 EXHIBIT "A-1" EXHIBIT "A-1" - 13
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normal graffiti removal solutions.)

15.Dust metal partitions, wet wipe and clean both sides of restroom entry doors.

16.Remove fingerprints from glass, doors, door frames, and light switches.

17.Report any or all water leaks, plugged lavatories, etc., to the Parks and Recreation Director Director or designee.
viii. BUILDING SECURITY – DAILY

1. Turn off all lights (except security and night lights).

2. Close windows.

3. Lock all doors.

4. Set alarms.

IV. BASIC COMPENSATION:

OWNER shall pay Contractor, as compensation for the services to be performed, the sum of per month listed in the Contract Agreement with additional adjustments as specified thereinafter. Additional adjustments shall be made to the monthly compensation if new areas are included in the City of Banning, Custodial Services.

Compensation may be adjusted annually, on July 1st of each year commencing on July 1, 2024, during the term of the Contract Agreement to reflect annual changes in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index Riverside-San Bernardino-Ontario Area, or any successor index, as set forth over the previous available twelve (12) months prior to the date of adjustment.

V. ADDITIONAL WORK
a. The Public Works Director or designee may authorize the Contractor to perform additional work. Additional work shall be defined as work not included in the specifications with the exception of additional sites, or portions thereof that may be added and shall be in writing. b. Prior to the Contractor performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials cost. No work shall commence without written authorization from the Public Works Director, or designee. In the event that conditions exist where there is imminent danger of injury to the public or damage to property, the Public Works Director or designee may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving verbal authorization, the Contractor shall submit a written estimate to the Public Works Director or designee for written approval. c. The cost estimate for additional work shall consist of the following elements:
i. Wholesale cost of materials including sales tax plus ten percent (10%).
ii. Base cost of labor plus fifteen percent (15%) for overhead and 18 EXHIBIT "A-1" EXHIBIT "A-1" - 14
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EXECUTIVE FACILITIES SERVICES, INC.

EXECUTIVE FACILITIES SERVICES, INC.

PROJECT SCHEDULE/WORK PLAN
City of Banning

WORK PLAN / INITIAL SITE VISITS

STEP DATE ACTION PERSON

RESPONSIBLE
DUE

DATE STATUS
Initial site visits: develop
building visitation schedule
Complete site visit
Identify site specific
additional needs
requirements if needed
Add agreed upon additional
services requirements
Identify point of contact
at the site
Identify important dates for the
site special events, etc.

Review scope of services with
facility representative if needed
1 2
3 7
4 5
6 J. Ferraro / C. Ferraro
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
J. Ferraro / City of
Banning
19 EXHIBIT "A-1" EXHIBIT "A-1" - 15
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EXECUTIVE FACILITIES SERVICES, INC.

EXECUTIVE FACILITIES SERVICES, INC.

City of Banning

WORK PLAN / SPECIFIC FACILITY INFORMATION

STEP DATE ACTION PERSON

RESPONSIBLE
DUE

DATE STATUS
Identify location of janitorial
and storage closets
Request alarm codes for facility,
if needed
Identify all entry and exit
points for each location
Determine if additional specialty
cleaning products are required
for the site
Discuss locked door
and safety protocol with
facility staff
Develop equipment needs list
for each facility
Develop emergency contact list
1 2
3 8
5 6
7 J. Ferraro / C. Ferraro
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
9 Develop keys / key fob
inventory the each location
C. Ferraro / F. Mendoza
20 EXHIBIT "A-1" EXHIBIT "A-1" - 16
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EXECUTIVE FACILITIES SERVICES, INC.

EXECUTIVE FACILITIES SERVICES, INC.

City of Banning

WORK PLAN / EMPLOYEE AND LABOR

STEP DATE ACTION PERSON

RESPONSIBLE
DUE

DATE STATUS
Identify existing EFS, Inc.
employees to transfer to
the City of Banning
Recruit and train additional
employees to fill open positions
New hire packages completed
and new employee ID numbers
issued
ID badges made for all employees
working at the City of Banning
Train employees on
facility safety
procedures
Train employees on facility
security procedures
Review scope of work for each site
with site specific employees
TBD
TBD
TBD
TBD
TBD
TBD
TBD
1 2
3 4
5 6
7 C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F.

Mendoza / Storm-Larsen
C. Ferraro / F. Mendoza
Storm-Larsen
C. Ferraro / F. Mendoza
R. Storm-Larsen
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
21 EXHIBIT "A-1" EXHIBIT "A-1" - 17
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EXECUTIVE FACILITIES SERVICES, INC.

EXECUTIVE FACILITIES SERVICES, INC.

City of Banning

WORK PLAN / EQUIPMENT FOR EACH LOCATION

STEP DATE ACTION PERSON

RESPONSIBLE
DUE

DATE STATUS
Secure cleaning equipment /
materials based upon list
developed during initial site
visit
MSDS binders placed in all
janitorial closets
Deliver all janitorial
materials to each facility
Store back-up janitorial and
dayporter materials in
Inland Empire facility
Secure special equipment
TBD
TBD
TBD
TBD
TBD
1 3
4 5
2 J. Ferraro / C. Ferraro
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
22 EXHIBIT "A-1" EXHIBIT "A-1" - 18
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EXECUTIVE FACILITIES SERVICES, INC.

1. Review meetings of Scope of Work with all Key Personnel

2. Conduct facility inspections with Operation Manager and Key Personnel

3. Identify and secure replacement equipment (when necessary)

4. Train location specific employees on various entry times, locations, and security protocols

5. Provide continuous training for employees on safety protocols so knowledge matches state mandated requirements

6. Review meetings with site specific staff of the Scope of Work

7. Conduct facility inspections with site specific staff and/or site Supervisor

8. Review floor plans with employees to identify areas of service

TRANSITION PLAN
Ensuring a smooth and seamless transition to a new service provider requires coordination and clear communication. Executive Facilities Services, Inc. ’s Transition Plan begins well before the initiation of services. Once an award of contract occurs, EFS, Inc. will have already created a detailed list of items, meetings, and follow-up job-walks required to ensure a smooth transition on the first night of service.

Utilizing our Transition Plan strategy, we will identify key staff members at each client location to gather additional site information to enable EFS, Inc. to perform beyond the City of Banning' expectations. Our highly experienced management team reviews all information and develops a "start- up kit" listing equipment and chemicals for each location and site. EFS, Inc. supervisors use this information to provide day and night janitorial employees with thorough training and the right equipment.

The first week can be stressful for all parties during a transition to a new service provider. EFS, Inc. will provide additional supervision from all levels of the organization to ensure that the transition goes smoothly. Our Sample Project Schedule/ Work Plan contains each itemized step that will be used during the Transition Plan.

Below please find some of the key elements of our Transition Plan:
23 EXHIBIT "A-1" EXHIBIT "A-1" - 19
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EXECUTIVE FACILITIES SERVICES, INC.

EXECUTIVE FACILITIES SERVICES, INC.

City of Banning
Transition Plan

STEP DATE ACTION PERSON

RESPONSIBLE
DUE

DATE STATUS
Develop building visitation
for all City of Banning
locations
Complete all site visits
Identify site specific
additional needs and
requirements if needed
Identify point of
contact at each site
TBD
TBD
TBD
TBD
TBD
1 2
3 7
4 C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza
5 TBD Identify important dates for each
site special events, etc.
6 TBD
Add agreed to additional
services requirements to scope
of work
C. Ferraro / F. Mendoza
8 TBD Deliver equipment kits to each site
Finalize the service agreement
between EFS, Inc. and the City of
Banning
J. Ferraro / City of Banning
C. Ferraro / F. Mendoza
C. Ferraro / F. Mendoza Start of
service
24 EXHIBIT "A-1" EXHIBIT "A-1" - 20
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EXECUTIVE FACILITIES SERVICES, INC.
• Monthly inspection reports summarize any reported issues and how they were resolved.
• Site visit schedules are developed weekly and unannounced, enabling EFS, Inc. to monitor and control the quality of service as well as interact with onsite employees on a regular basis.
• A copy of our Building Inspection form can be found on the page following this one. Each time a site is visited by an EFS, Inc. supervisor, whether it be a service issue, a supply delivery or a weekly site visit, the form is completed by the supervisor. Operations Managers review all Building Inspection forms daily/ nightly to ensure that any issues are addressed and resolved. • EFS, Inc. and its management team will ensure that each of the City of Banning buildings remains secure during provision of services. The EFS, Inc. Operations Manager will train each employee on the proper door locking etiquette and alarm system protocols, and verify that all protocols are being followed. • EFS, Inc. has the responsibility of categorizing and storing highly specialized keys, access cards, and key fobs for clients. As can be seen from our current client list provided with the proposal, EFS, Inc. works with several cities, municipalities, and private and public entities. We store all client keys in a locked key box at our location in our headquarters's location in Riverside. This facility has 24-hour surveillance and an alarm system.
• EFS, Inc. will not duplicate keys to any of the City of Banning without permission.

BUSINESS PERFORMANCE AND QUALITY CONTROL
Executive Facilities Services, Inc. has learned from experience that the most effective method in ensuring quality service to our clients is through routine site visits. All sites serviced by EFS, Inc. are visited by supervisors on a bi-weekly basis in addition to regular supplies delivery and inspections. Also, the City of Banning sites will be visited by Jim Ferraro, Company Owner, Christian Ferraro, Operations Manager, Francisco Mendoza, Operations Manager, Vicky Rivera, Senior Night Supervisor, Melanie Lopez, Night Supervisor. All operations managers and supervisors carry a smart phone so they can respond quickly to requests for required or emergency services.

During nightly visits to various sites, our staff members review and assess all aspects of the buildings included in the scope of services. If any issues are noticed by a staff member, the employee is made aware and the issues are addressed and resolved that evening. We believe that this is a foundational business practice between EFS, Inc. and its clients. It creates a fast-track line of communication between EFS, Inc. and our clients to ensure that they are receiving the highest of quality service. 49 EXHIBIT "A-1" EXHIBIT "A-1" - 21
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EXECUTIVE FACILITIES SERVICES, INC.

BUSINESS FORMS
Janitorial Inspection Sheet
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Has the Consultant, any officer of the Consultant, or any employee of the Consultant who has proprietary interest in the Consultant, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

DISCLOSURE OF GOVERNMENT POSITIONS
Each Proposer shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." X
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INDEMNITY AND INSURANCE STATEMENT
Summary of Indemnity and Insurance Requirements

1. These are the Indemnity and Insurance Requirements for Contractors providing services or supplies to the City. By agreeing to perform the work or submitting a proposal, you verify that you comply with and agree to be bound by these requirements. If any additional contract documents are executed, the actual Indemnity language and Insurance Requirements may include additional provisions as deemed appropriate by the City.

NONE
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2. You should check with your Insurance advisors to verify compliance and determine if additional coverage or limits may be needed to adequately insure your obligations under this agreement. These are the minimum required and do not in any way represent or imply that such coverage is sufficient to adequately cover the Contractor’s liability under this agreement. The full coverage and limits afforded under Contractor’s policies of insurance shall be available to the City and these Insurance Requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required.

The Insurance obligations under this agreement shall be: 1 – all the Insurance coverage and limits carried by or available to the Contractor; or 2 – the minimum Insurance Requirements shown in this agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to given loss, shall be available to the City.

3. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. The City reserves the right to require full-certified copies of all Insurance coverage and endorsements.

I. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or 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, subcontractors, 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 Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. Contractor shall agree that their defense and indemnification obligations are in addition to, and are not limited by, the Insurance obligations in the agreement.
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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 paragraph.

Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such 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 subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

II. INSURANCE
The City of Banning will require the following to approve insurance for your contract:
1) Insurance Limits:
(a) General Liability insurance with limits of not less than $1,000,000 for bodily injury and property damage; $1,000,000 for personal and advertising injury; $2,000,000 products and completed operations aggregate and $2,000,000 general aggregate.
(b) Auto Liability insurance endorsed for “any auto” with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (c) Professional Liability (Errors and Omissions) insurance appropriate to Consultant’s profession, with limits of liability of not less than $1,000,000 per claim/occurrence and $1,000,000 policy aggregate The “Retro Date” must be shown for the Professional Liability insurance. (only required if contract involves the rendering of a professional service).
(d) Workers' Compensation insurance as required under the California Labor Code.
62 EXHIBIT "A-1" EXHIBIT "A-1" - 26
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 386
(e) Employer's Liability insurance with limits of liability of not less than $1,000,000, each accident; $1,000,000 disease each employee; and $1,000,000 disease policy limit.
*Limits can be adjusted by the City based on services provided.

2.) Insurance Requirements:
(a) California Insurance Commissioner to do business in the State of California and rated not less than “A- VII” in Best's Insurance Rating Guide. (b) Certificate holder should appear as follows:

City of Banning
Attn: Purchasing Division
99 E. Ramsey Street
Banning, CA 92220-4837
(c) The certificate of insurance should read "The City of Banning, its officers, officials, employees and agents are additional insured with respects to General Liability and Auto Liability insurance. This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis. Waiver of subrogation for Workers’ Compensation insurance with respects to the City of Banning, its officers, officials, employees and agents.” (d) The additional insured coverage under the contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13.

3.) Insurance Documents:
(a) Include an Additional insured endorsement, with primary and noncontributory language or a primary insurance endorsement, for General Liability insurance including ongoing operations and completed operations (i.e., CG 20 10, CG 20 33, or CG 20 38). The additional insured should read, "The City of Banning, its officers, officials, employees, agents and volunteers". Examples of primary insurance language are "Such insurance as is afforded by the policy is primary and any other insurance shall be excess and not contribute to the insurance afforded by this endorsement" or "This insurance is primary, and our obligations are not affected by any other insurance carried by such additional insured whether primary, excess, contingent, or on any other basis". The endorsement number needs to be included in the accord description of certificate of insurance.
(b) Include an Additional insured endorsement for Auto Liability insurance. The additional insured should read, "The City of Banning, its officers, officials, 63 EXHIBIT "A-1" EXHIBIT "A-1" - 27
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 387
EXECUTIVE FACILITIES SERVICES, INC.

ADDIITONAL INFORMATION
Green Cleaning Program and Partner
65 EXHIBIT "A-1" EXHIBIT "A-1" - 28
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 388
EXECUTIVE FACILITIES SERVICES, INC.
66 EXHIBIT "A-1" EXHIBIT "A-1" - 29
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 389
EXECUTIVE FACILITIES SERVICES, INC.
67 EXHIBIT "A-1" EXHIBIT "A-1" - 30
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 390
EXECUTIVE FACILITIES SERVICES, INC.
• Secured multiple EPA approved disinfecting cleaning chemicals • Continue to review CDC guidelines for disinfecting procedures • Trained over 80 employees to complete disinfecting/deep cleaning services • Set up emergency response teams to complete this service upon request • Incorporated Electrostatic Sprayers into our disinfection protocols and made additional Electrostatic sprayers available at each operating facility to respond immediately to client request
• Achieved GBAC COVID-19 Trained Technician status with ISSA • Had an employee become a Certified Contract Tracer through the University of John’s Hopkins
The management team and employees of EFS, Inc. continue to respond immediately to our clients’ requests to provide facility “high touch” hand disinfecting and deep cleaning services at our numerous medical facilities, doctors’ offices, public and private schools, banking institutions, commercial properties, and public agencies.

As of July 30, 2022, we have disinfected/deep cleaned approximately 7 million square feet of our clients’ facilities. Our clients knowingly contact EFS, Inc. with confidence that their properties, cities, and schools will be disinfected and ready for the next day’s use.

EFS, Inc. continues to respond to requests for special disinfecting/deep cleaning services from current and new clients. These include services for various facilities including public parks and restrooms, public and private schools, banking institutions, commercial properties, public agencies and non-contract clients for assistance in battling the COVID-19 pandemic.

Our current procedure for on-call disinfecting services includes a detailed pre-site review with client. This is then followed up with a description of the two types of disinfecting services that EFS, Inc. can provide for the client. Once the client has selected which disinfecting procedure they would like performed, our highly trained staff is then equipped with the correct PPE. Once on site, our team will work with the client to ensure that all areas that have come in contact with COVID–19 positive or suspected positive individuals is thoroughly disinfected.

We know that this situation is evolving daily, and we intend to continue to respond quickly and efficiently to all of our client requests to battle against the COVID-19 pandemic.

COVID RESPONSE PLAN
COVID Experience and Disinfecting Cleaning Program
Immediately upon COVID-19 being declared a pandemic in March 2020, Jim Ferraro and the management team began to research and develop our Disinfecting Deep Cleaning Services plan as per the Centers for Disease Control and Prevention (CDC) guidelines. EFS, Inc. monitors both CDC and World Health Organization (WHO) websites for updates and additional information to assist us in the fight against COVID-19.

As of January 15, 2022, we have:
7068 EXHIBIT "A-1" EXHIBIT "A-1" - 31
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 391
EXECUTIVE FACILITIES SERVICES, INC.
• Clean and disinfect all “high touch” points
• Clean and disinfect all doors, door handles, and fixtures • Clean and disinfect all kitchen equipment and cabinets • Perform all high dusting and cleaning of light fixtures, air diffusers, and door frames
• Damp wipe all baseboards
• Thoroughly disinfect all vertical and horizontal surfaces, including but not limited to desks, windowsills, tables, built-in cabinets, lighting fixtures, shelves, walls, doors, door frames, doorknobs, door handles, light switches, telephones, handrails, etc.
• Vacuum all carpeted areas making sure to get underneath built-ins, into corners and along edges.

RESTROOMS:
• Scour and sanitize all basins, toilets, urinals, and showers inside and out
• Clean and disinfect all bright work
• Clean and disinfect all partitions
• Wash and disinfect all tile throughout restrooms with disinfectant
• Disinfect and polish mirrors in restrooms
WINDOWS:
• Clean and disinfect inside window ledges
• Clean and disinfect all window frames

COVID RESPONSE PLAN
Hand Touch Disinfecting Specifications
Facility Disinfecting Deep Cleaning Specifications for offices, hallways, common areas, restrooms, break rooms and kitchens:
69 EXHIBIT "A-1" EXHIBIT "A-1" - 32
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 392
EXECUTIVE FACILITIES SERVICES, INC.

COVID RESPONSE PLAN
Hand Touch Disinfecting Deep Cleaning Specifications

1. Spray or apply with a towel hospital grade disinfectant to all touch points.

2. Let disinfectant dwell on the surface for the required kill time, usually one minute

3. After the disinfectant is on the surface for the required dwell time, wipe the surface clean and remove any streaks
The major touchpoints that need to be disinfected in offices or cubicles are as follows:
• Cabinet handles
• Door handles
• Desks or cubicle tops
• Light switches
• Phones
• Computer keyboards and
mouse’s
• Copiers and shredders
• Appliance buttons
• Grab rails
• Push plates
• Conference room tables and
chairs
• Restroom partitions
• Restroom fixtures
• Switch plates
• File cabinets
• Opening edges of entry points
• Elevator buttons
• Door jambs
• Coffee stations
• Changing tables
• TP, towel and soap dispensers
70 EXHIBIT "A-1" EXHIBIT "A-1" - 33
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 393
EXECUTIVE FACILITIES SERVICES, INC.

DISINFECTING PRODUCT INFORMA TION
CO VID-19 Electrostatic Disinfecting Spraying Solution
Protexus Electrostatic Sprayer System
EFS, Inc. implements a research-driven technique of disinfecting that will reduce disinfecting expenses and increase our efficiency, known as the Protexus Electrostatic Sprayer System. By using the Protexus Electrostatic Sprayer System paired with the hospital grade PurTab disinfecting chemical, we have reduced the kill time of the disinfectant to one minute. We have found that in utilizing this system, we can drastically increase our efficiency of disinfecting services to approximately 10,000 square feet per hour.

We understand the safety and health of our clients’ staff members is key, so EFS, Inc. selected the PurTab chemical for its non-toxic, non-corrosive characteristics as an EPAregistered disinfectant. The PurT ab chemical can be applied at any time throughout the day and left on high touch surfaces with little to no residue. Depending on the saturation of the surface the PurTab disinfectant dries completely within minutes.

By utilizing these two disinfecting tools, we can dramatically increase the productivity of our staff and increase the frequency of disinfecting that can occur during a standard workday. EFS, Inc. believes that using this method of disinfecting services will greatly benefit the City of Banning as it will increase the frequency of disinfection and provide peace of mind to residents, staff, and visitors to all of the buildings within the City of Banning.

Link to Protexus Electrostatic Sprayer System
https/www.youtube.com/watch??v=k1agZEwcfLQ&feature=youtu.be 71 EXHIBIT "A-1" EXHIBIT "A-1" - 34
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 394
EXECUTIVE FACILITIES SERVICES, INC.

DISINFECTING PRODUCT INFORMA TION
Protexus Electrostatic Sprayer System
72 EXHIBIT "A-1" EXHIBIT "A-1" - 35
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 395
EXECUTIVE FACILITIES SERVICES, INC.

DISINFECTING PRODUCT INFORMATION
Evaclean
73 EXHIBIT "A-1" EXHIBIT "A-1" - 36
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 396
EXECUTIVE FACILITIES SERVICES, INC.

DISINFECTING PRODUCT INFORMATION
EPA Certified Disinfectant
74 EXHIBIT "A-1" EXHIBIT "A-1" - 37
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 397
EXECUTIVE FACILITIES SERVICES, INC.

DISINFECTING PRODUCT INFORMATION
EPA Certified Disinfectant
75 EXHIBIT "A-1" EXHIBIT "A-1" - 38
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 398
EXECUTIVE FACILITIES SERVICES, INC.

WAXIE Letter of Recommendation
January 23, 2023
To whom it may concern,
WAXIE Sanitary Supply has had a long term partnership with Executive Facilities Services Inc. with both companies having like goals of helping customers keep buildings cleaner, safer and healthier. WAXIE provides multiple training classes on restroom care, Green Cleaning Practices, floor care, carpet care and COVID – 19 to our customers of which EFS Inc. participates in. Along with that, WAXIE prides itself on finding solutions for customers to meet all of their cleaning needs.

Together with EFS Inc. we have been able to create cleaning protocols during the pandemic using electro-static sprayers, EPA N-List approved disinfectants and PPE, all while providing the other necessary products in a timely manner. I know if EFS Inc. is chosen for your facility, they will provide the same level of excellent service that other customers like yourself are receiving.

Sincerely,
Theresa Cummins
Regional Sales Manager
WAXIE – Ontario, CA
[email protected]
Cell # 702-768-5696
www.waxie.com
Regional Inventory Center  905 N. Wineville Avenue  Ontario, CA 91764-5595 (800) 443-3469  (909)942-4100  FAX (909) 942-3199  www.waxie.com 7876 EXHIBIT "A-1" EXHIBIT "A-1" - 39
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 399
EXECUTIVE FACILITIES SERVICES, INC.

BUSINESS ATTIRE
EFS, Inc. Uniform: apron, employee badge, and t-shirt
77 EXHIBIT "A-1" EXHIBIT "A-1" - 40
DocuSign Envelope ID: BB32BF16-8C0E-4E41-8233-96C353F786B8 400
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT
(C00845) FOR CUSTODIAL SERVICES AND BETWEEN CITY OF
BANNING AND EXECUTIVE FACILITIES SERVICES, INC.

THIS AMENDMENT NO. 1 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 1”) by and between the CITY OF BANNING (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: ______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023 for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No. 23-023), as approved by City Council Resolution 2023-92.

B. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Six Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86).

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. 1 shall not exceed Two Hundred Twenty-One Thousand Four Hundred Ninety-Two Dollars and Forty-Four Cents ($221,492.44) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Four Hundred Six Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86).

1.3 The Term of the Agreement, as set forth in Section 3.4 of the Agreement, is hereby extended through June 30, 2025, unless sooner terminated or extended as provided in the Agreement.

1.4 Exhibit C-1 to the Agreement is hereby amended to read as set forth in Attachment 2, attached hereto and incorporated herein.

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 “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1. In the event of a conflict between the provisions DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 June 11, 2024
401 615
of this Amendment No. 1 and the provisions of the Agreement, 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]
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 402 616
The Parties are signing this Amendment No. 1 on the date stated in the introductory clause.

CITY OF BANNING CONTRACTOR
Douglas Schulze,
City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

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

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

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

DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 OWNER
Jim Ferraro
RESO # 2024-090
403 617
ATTACHMENT 2
The Contractor shall provide and stock soap for dispensers, trash liners and paper products:
toilet tissue, seat liners, and paper towels, for the services set forth in the specifications of Exhibit A of the Agreement. Contractor shall provide an itemized list of the consumables utilized by service area as part of the monthly invoice for reimbursement.

The grade of consumable supplies in that contents shall meet SB 1383 requirements (summarized below) and be equitable or superior to City supplied stock in FY24.  Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber
 Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber
 Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 404 618
ATTACHMENT 2
Rates and projected consumables
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 405 619
DocuSign Envelope ID: 318F8AF9-877C-4F53-B441-79F9570012E8 406 620
AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT
(C00845) FOR CUSTODIAL SERVICES AND BETWEEN CITY OF
BANNING AND EXECUTIVE FACILITIES SERVICES, INC.

THIS AMENDMENT NO. 2 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 2”) by and between the CITY OF BANNING (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: ______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023 for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No. 23-023), as approved by City Council Resolution 2023-92.

B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated June 11, 2024 to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86), as approved by City Council Resolution 2024-90.

C. City and Contractor now desire to amend the Agreement to extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred Fifty-Six Dollars and Forty-Two Cents ($630,756.42).

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. 1 shall not exceed Two Hundred Twenty-Four Thousand Five Hundred Eleven Dollars and Fifty-Six Cents ($224,511.56) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Six Hundred Docusign Envelope ID: 6AA6A827-381B-4110-8186-DA35E2109754 May 27, 2025
407 611
Thirty Thousand Seven Hundred Fifty-Six Dollars and Forty-Two Cents ($630,756.42).

1.3 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.

1.4 Exhibit C-1 to the Agreement is hereby amended to include sites and rates as set forth in Attachment 1, attached hereto and incorporated herein.

2. Miscellaneous Provisions

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

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 2.

2.3 Authority. The persons executing this Amendment No. 2 on 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. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.

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

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]
Docusign Envelope ID: 6AA6A827-381B-4110-8186-DA35E2109754 408 612
The Parties are signing this Amendment No. 2 on the date stated in the introductory clause.

CITY OF BANNING EXECUTIVE FACILITIES SERVICES
Robert Fisher,
Acting City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Caroline Patton
Administrative City Clerk
APPROVED AS TO FORM:

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

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

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

Docusign Envelope ID: 6AA6A827-381B-4110-8186-DA35E2109754 Jim Ferraro
OWNER
2025-075
409 613
ATTACHMENT 1
Docusign Envelope ID: 6AA6A827-381B-4110-8186-DA35E2109754 410 64
AMENDMENT NO. 3 TO CONTRACT SERVICES AGREEMENT
(C00845) FOR CUSTODIAL SERVICES AND BETWEEN CITY OF
BANNING AND EXECUTIVE FACILITIES SERVICES, INC.

THIS AMENDMENT NO. 3 TO THE CONTRACT SERVICES AGREEMENT FOR SERVICES (“Amendment No. 3”) by and between the CITY OF BANNING (“City”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: ______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023 for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No. 23-023), as approved by City Council Resolution 2023-92.

B. City and Consultant have entered into an Amendment No. 1 to the Agreement dated June 11, 2024 to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Thousand Two Hundred Forty-Four Dollars and Eighty-Six Cents ($406,244.86), as approved by City Council Resolution 2024-90.

C. City and Consultant have entered into an Amendment No. 2 to the Agreement dated May 27, 2025 to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred Fifty-Six Dollars and Forty-Two Cents ($630,756.42) as approved by City Council Resolution 2025-075.

D. City and Contractor now desire to amend the Agreement to modify the scope of service and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred FiftySix Dollars and Forty-Two Cents ($630,756.42).

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. 3 shall not exceed Twelve Thousand Four Hundred Fifty-Four Dollars ($12,454.00) thereby increasing the Contract Sum, as set forth in Section Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 9/18/2025
411 604

2.1 of the Agreement, to Six Hundred Forty-Three Thousand Two Hundred Ten Dollars and Forty-Two Cents ($643,210.42).

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, 2 and 3. In the event of a conflict between the provisions of this Amendment No. 3 and the provisions of the Agreement, the provisions of this Amendment No. 3 shall control.

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

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

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

2.5 Electronic Signatures. Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURE PAGE FOLLOWS]
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 412 605
The Parties are signing this Amendment No. 3 on the date stated in the introductory clause.

CITY OF BANNING CONTRACTOR
Art Vela,
Interim City Manager
NAME:

TITLE:

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 CONTRACTOR’S BUSINESS ENTITY.

Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A OWNER
Jim Ferraro
413 606
ATTACHMENT 1
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 414 607
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 415 608
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 416 609
Docusign Envelope ID: AE1BD580-04AB-4C5C-A5D5-53AA1443FF0A 417 60
AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES (C00845)

FOR CUSTODIAL SERVICES BETWEEN THE CITY OF BANNING,
CALIFORNIA AND EXECUTIVE FACILITIES SERVICES, INC.

THIS AMENDMENT NO. 4 TO THE AGREEMENT FOR CONTRACT
SERVICES (“Amendment No. 4”) by and between the CITY OF BANNING (“CITY”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: _______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023, for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No.23-023), as approved by City Council Resolution 2023-92.

B. City and Contractor have entered into an Amendment No. 1 to the Agreement dated June 11, 2024, to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Six Thousand Two Hundred Forty Four Dollars and Eighty Six Cents ($406,244.86), as approved by City Council Resolution 2024-90.

C. City and Contractor have entered into an Amendment No. 2 to the Agreement dated May 27, 2025, to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred Fifty Six Dollars and Forty Two Cents ($630,756.42), as approved by City Council Resolution 2025-075.

D. City and Contractor have entered into an Amendment No. 3 to the Agreement dated September 18, 2025, to modify the Scope of Services and increase the Contract Sum to Six Hundred Forty Three Thousand Three Hundred Sixty Five Dollars and Forty Two Cents ($643,365.42).

E. City and Contractor now desire to amend the Agreement to modify the Scope of Services, and increase the Contract Sum to Six Hundred Forty Four Thousand Two Hundred Forty Dollars and Forty Two Cents ($644,240.42).

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 Eight Hundred Seventy Five Dollars ($875.00) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, Docusign Envelope ID: 3698F9BE-9371-4E29-BBE0-A0DF65867F25 12/10/2025
418 600
to Six Hundred Forty Four Thousand Two Hundred Forty Dollars and Forty Two Cents ($644,240.42).

2. Miscellaneous Provisions

2.1 Continued Effect of Agreement. Except as amended by this Amendment No. 4, 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. 4, 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. 4 and the provisions of the Agreement or Amendments No. 1 through 3, the provisions of this Amendment No. 4 shall control.

2.2 Consideration for Amendment. The parties hereby agree that they have each received adequate and independent consideration for the modifications to the Agreement set forth in this Amendment No. 4.

2.3 Authority. The persons executing this Amendment No. 4 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 4 on behalf of said party, (iii) by so executing this Amendment No. 4, such party is formally bound to the provisions of this Amendment No. 4, and (iv) entering into this Amendment No. 4 does not violate any provision of any other agreement to which said party is bound.

2.4 Counterparts. This Amendment No. 4 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

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]
Docusign Envelope ID: 3698F9BE-9371-4E29-BBE0-A0DF65867F25 419 601
The Parties are signing this Amendment No. 4 on the date stated in the introductory clause.

CITY OF BANNING CONTRACTOR
Arturo Vela,
Interim City Manager
NAME:

TITLE:

City Council Approval: _______________ NAME:

TITLE:

ATTEST:

Sandra Calderon
Acting 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 CONTRACTOR’S BUSINESS ENTITY.

Docusign Envelope ID: 3698F9BE-9371-4E29-BBE0-A0DF65867F25 Director of Business Development
R J Storm-Larsen
N/A
420 602
ATTACHMENT 1
Docusign Envelope ID: 3698F9BE-9371-4E29-BBE0-A0DF65867F25 421 603
AMENDMENT NO. 5 TO AGREEMENT FOR CONTRACT SERVICES (C00845)

FOR CUSTODIAL SERVICES BETWEEN THE CITY OF BANNING,
CALIFORNIA AND EXECUTIVE FACILITIES SERVICES, INC.

THIS AMENDMENT NO. 5 TO THE AGREEMENT FOR CONTRACT
SERVICES (“Amendment No. 5”) by and between the CITY OF BANNING (“CITY”) and EXECUTIVE FACILITIES SERVICES, INC., a California corporation (“Contractor”) is effective as of this day: _______________.

RECITALS
A. City and Contractor entered into that certain Contract dated June 7, 2023, for the purpose of providing Custodial Services (“Agreement”) following Request for Proposals (RFP No.23-023), as approved by City Council Resolution 2023-92.

B. City and Contractor have entered into an Amendment No. 1 to the Agreement dated June 11, 2024, to modify the Scope of Services, extend the Term of the Agreement to June 30, 2025, and increase the Contract Sum to Four Hundred Six Thousand Two Hundred Forty Four Dollars and Eighty Six Cents ($406,244.86), as approved by City Council Resolution 2024-90.

C. City and Contractor have entered into an Amendment No. 2 to the Agreement dated May 27, 2025, to modify the Scope of Services, extend the Term of the Agreement to June 30, 2026, and increase the Contract Sum to Six Hundred Thirty Thousand Seven Hundred Fifty Six Dollars and Forty Two Cents ($630,756.42), as approved by City Council Resolution 2025-075.

D. City and Contractor have entered into an Amendment No. 3 to the Agreement dated September 18, 2025, to modify the Scope of Services and increase the Contract Sum to Six Hundred Forty Three Thousand Two Hundred Ten Dollars and Forty Two Cents ($643,210.42).

E. City and Contractor have entered into an Amendment No. 4 to the Agreement dated December 10, 2025, to modify the Scope of Services and increase the Contract Sum to Six Hundred Forty-Four Thousand Eighty-Five Dollars and Forty-Two Cents ($644,085.42).

F. The Parties acknowledge that clerical and calculation inconsistencies exist in Amendment Nos. 3 and 4 regarding the stated cumulative Contract Sum. The Parties desire through this Amendment No. 5 to confirm and establish the correct cumulative Contract Sum under the Agreement as Six Hundred Forty-Four Thousand Eighty-Five Dollars and Forty-Two Cents ($644,085.42) prior to the additional compensation authorized herein.

G. City and Contractor now desire to amend the Agreement to modify the Scope of Services and increase the Contract Sum to Eight Hundred Ninety Thousand Eight Hundred Ten Dollars and Six Cents ($890,810.06).

The Parties therefore agree follows:
422

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. 5 shall not exceed Two Hundred Forty-Six Thousand Seven Hundred Twenty-Four Dollars and Sixty-Four Cents ($246,724.64) thereby increasing the Contract Sum, as set forth in Section 2.1 of the Agreement, to Eight Hundred Ninety Thousand Eight Hundred Ten Dollars and Six Cents ($890,810.06).

1.3 Correction and Confirmation of Prior Amendment Amounts. The Parties acknowledge and agree that Amendment No. 3 and Amendment No. 4 contained clerical and calculation inconsistencies regarding the cumulative Contract Sum under the Agreement. The Parties hereby confirm and establish that:
(a) Amendment No. 3 properly increased the Contract Sum by Twelve Thousand Four Hundred Fifty-Four Dollars ($12,454.00), resulting in a cumulative Contract Sum of Six Hundred Forty-Three Thousand Two Hundred Ten Dollars and FortyTwo Cents ($643,210.42); and (b) Amendment No. 4 properly increased the Contract Sum by Eight Hundred Seventy-Five Dollars ($875.00), resulting in a cumulative Contract Sum of Six Hundred Forty-Four Thousand Eighty-Five Dollars and Forty-Two Cents ($644,085.42).

The Parties further acknowledge and agree that any inconsistent references to cumulative Contract Sum amounts contained in Amendment No. 3 or Amendment No. 4 were inadvertent clerical or scrivener’s errors, and this Amendment No. 5 shall control for purposes of confirming the correct cumulative Contract Sum under the Agreement.

2. 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 through 4, 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 4. In the event of a conflict between the provisions of this Amendment No. 5 and the provisions of the 423
Agreement or Amendments No. 1 through 4, 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, (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.

2.4 Counterparts. This Amendment No. 5 may be signed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument.

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]
424
The Parties are signing this Amendment No. 5 on the date stated in the introductory clause.

CITY OF BANNING CONTRACTOR
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 CONTRACTOR’S BUSINESS ENTITY.
425
ATTACHMENT 1
426
Resolution 2026-80