Agenda packet, regular meeting — Banning City Council, June 9, 2026 (part 1 of 4)

June 9, 2026
5:00 p.m.

In Chambers
Council Chambers
99 E. Ramsey Street
Banning, CA 92220

1. CALL TO ORDER

2. AGENDA APPROVAL
AGENDA

CITY COUNCIL - REGULAR MEETING

CITY OF BANNING, CALIFORNIA
The following information comprises the agenda for the regular meeting of the Banning City Council, a joint meeting of the City Council and Banning Utility Authority, and the Banning City Council sitting in its capacity as the Banning Successor Agency Board.

This meeting is being held via Zoom so that members of the public may observe and participate in this meeting electronically. If you participate in this meeting via Zoom, you are agreeing to abide by the City's Zoom Community Standards for Public Meetings (provided in full on the last page of the agenda). Esta reunión se lleva a cabo en la Cámara y a través de Video/Teleconferencia en Zoom para que los miembros del público puedan observar y participar en esta reunión de manera electrónica. Si elige participar en esta reunión a través de Zoom, acepta cumplir con los Estándares comunitarios de Zoom para reuniones públicas de la ciudad (que se proporcionan en su totalidad en la última página de la agenda).

To observe and participate in the online video portion of the meeting through your personal computer or device, follow this link:
https://us02web.zoom.us/j/82012644588?pwd=GwdLNir0X6fHkhlgVjAjRUQf1C6yoz.1 Dial in: +1 669 900 9128
Meeting ID: 820 1264 4588
Password: 1913-92220
Per the City of Banning Manual of Procedural Guidelines, matters taken up by the Council before 10 p.m. may be concluded, but no new matters shall be taken up except upon a majority vote of the council members present and voting. Such an extension shall only be valid for one hour and each hour thereafter shall require a renewed action for the meeting to continue.

1.1 ROLL CALL

1.2 INVOCATION
Performed by Pastor David Kieffer of Our Savior's Lutheran Church

1.3 PLEDGE OF ALLEGIANCE
City Council - Regular Meeting Agenda
June 9, 2026
1 3. PRESENTATIONS

3.1 Annual Presentation by Members of the City of Banning Youth Council

3.2 Recognition of Outgoing Banning Youth Council Members

4. REPORT ON CLOSED SESSION

5. PUBLIC COMMENTS, CORRESPONDENCE, APPOINTMENTS, AND REPORTS

6. CONSENT ITEMS

6.1 Consideration and Approval of the meeting minutes of the February 24, 2026, March 10, 2026, March 24, 2026, April 14, 2026, April 28, 2026, May 26, 2026 Special City Council meetings (Closed Session) and May 26, 2026 Special City Council meeting (Workshop)

6.2 Public Works Capital Improvement Project Tracking List

6.3 Consideration of Resolution 2026-79 Approving Amendment No. 7 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an Additional Amount of $23,550 for Continued Environmental Support Services for the Sun Lakes Blvd Extension Project

2.1 AGENDA APPROVAL
Recommendation: Receive and File
Recommendation: Four Youth Council Members are set to Graduate this month. Staff requests City Council acknowledge and recognize their tremendous service to the community through their involvement on the Banning Youth Council.

John Pinkney, City Attorney

5.1 PUBLIC COMMENTS

5.2 CORRESPONDENCE

5.3 APPOINTMENTS

5.4 CITY COUNCIL COMMITTEE REPORTS

5.5 ANNOUNCEMENTS OF CITY COUNCIL MEMBERS

5.6 CITY MANAGER'S REPORT
Sunset Crossroads Specific Plan - Chapter 3, Table 3-1
Planning Commission Recruitment - Deadline June 12

5.7 CITY ATTORNEY'S REPORT
The following items have been recommended for approval and will be acted upon simultaneously, unless a member of the City Council/Banning Utility Authority/Successor Agency Board wishes to remove an item for separate consideration.

Recommendation: Approve the meeting minutes of the February 24, 2026, March 10, 2026, March 24, 2026, April 14, 2026, April 28, 2026, May 26, 2026 Special City Council meetings (Closed Session) and May 26, 2026 Special City Council meeting (Workshop) Recommendation: Receive and file
Recommendation: Adopt Resolution 2026-79
City Council - Regular Meeting Agenda
June 9, 2026
2 6.4 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

6.5 Consideration of Resolution 2026-82, Approving a List of Projects to be Funded for Fiscal Year 2026/2027 by SB 1 “The Road Repair and Accountability Act of 2017”

6.6 Consideration of Resolution 2026-85, Calling for the Holding of a General Municipal Election on Tuesday, November 3, 2026 for the Election of Two Members of the City Council to Four Year Terms Representing Districts 4 and 5 as Required by the Provisions of the Laws of the California Relating to General Law Cities and the Banning Municipal Code, and Requesting Consolidation of the General Municipal Election with the Statewide General Election to be Held on the Same Day

6.7 Consideration of Resolution 2026-86, to Revise the Appropriation Listed in Approved Resolution 2026-45 to Include Funding From the Sun Lakes Boulevard Extension Project for Inspection Services

6.8 Receive & File Update, City of Banning Participation at the 2026 ICSC Las Vegas Conference

7. PUBLIC HEARINGS

7.1 Public Hearing: Zoning Text Amendment No. 26-0001 (Accessory Dwelling Units/Junior Accessory Dwelling Units)

8. REPORTS OF OFFICERS

9. DISCUSSION ITEMS

9.1 Resolution No. 2026-89 Establishing a Continuing Budget and Authorizing City Expenditures/Appropriations Until the Operating Budget is Adopted for Fiscal Year 2026- 2027, No Later Than September 30, 2026

9.2 Consideration of Submittal of a Grant Application for Federal Railroad Administration Railroad Crossing Elimination Grant Funding Opportunity for the Hargrave Grade Separation Project.

Recommendation: Adopt Resolution 2026-80
Recommendation: Adopt Resolution 2026-82
Recommendation: Adopt Resolution No. 2026-85
Recommendation: Adopt Resolution 2026-86
Recommendation: Staff recommends that the City Council receive and file an update regarding the City of Banning’s participation at the 2026 ICSC Las Vegas Conference, held May 18–20, 2026, in Las Vegas, Nevada.

Recommendation: The Planning Commission recommends the City Council take the following actions:

1. Determine that approval of Zoning Text Amendment 26-0001 is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h); and

2. Introduce and approve first reading of an Ordinance 1624.

Recommendation: Adopt Resolution No. 2026-89
Recommendation: Authorize staff to submit a grant application to the Federal Railroad Administration Railroad Crossing Elimination (RCE) Grant program for the Hargrave City Council - Regular Meeting Agenda
June 9, 2026
3 9.3 Consideration of Resolution 2026-87 the City of Banning Technology Disruption Policy and Resolution 2026-88 the City of Banning Public Outreach and Public Interpretation Assistance Practices in Accordance with SB 707

10. ITEMS FOR FUTURE AGENDAS

11. ADJOURNMENT
Separation Project.

Recommendation: Adopt Resolution 2026-87 and Resolution 2026-88

11.1 NEW ITEMS

11.2 EXISTING ITEMS

1. Emergency Preparedness (Barrington) January 2025

2. Streamline Procurement Policy (Flynn) August 2025

3. Sales Tax Agreement Update with Diamond Chevrolet (Flynn) December 2025

4. Cannabis Warehouse Moratorium (New Facilities Only) (Barrington) December 2025

5. Maintenance and replacement of street signs. (Flynn) March 2026

6. Rename the Arthur Welch Community Center back to the National Guard Armory (Flynn) April 2026

7. Smoke Shop Moratorium (Miller) April 2026

8. Landscape Standards Review (Wallace) May 2026

9. Special Event Fee Schedule and Permit Process Review (Miller) May 2026 Next Regular Meeting – June 23, 2026
Zoom Community Standards for Public Meetings
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City Council - Regular Meeting Agenda
June 9, 2026
4 Si no cumple con estas pautas de la comunidad, es posible que lo destituyan por interrumpir la reunión que tiene lugar en las Cámaras del Consejo. Puede volver a unirse a la reunión, pero es posible que lo eliminen por cada violación de estos estándares de la comunidad.

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AFFIDAVIT • DECLARACIÓN JURADA
IT IS HEREBY CERTIFIED under the laws of the State of California that the above agenda was posted on the City's website (www.banningca.gov) as well as the Bulletin Board at Banning City Hall, located at 99 E Ramsey Street, Banning, CA 92220, at least 72 hours in advance of the meeting.
_________________________
Vickie Sellers, Elected City Clerk
Secretaria Municipal Electa
PUBLIC NOTICE • NOTICIA PÚBLICA
Meeting Agendas and Notices
Interested in receiving email and/or text notifications of upcoming City Council meetings? Sign up for meeting notifications through the City's website. Pursuant to amended Government Code §54957.5(b), staff reports and other public records related to open session agenda items are available on the City's website (www.banningca.gov/).

Public Comment
Agenda Items
Any member of the public may address this meeting of the City Council on any item appearing on the agenda. A five-minute limitation shall apply to each member of the public and no member of the public shall be permitted to share their time with any other person.

Non-Agenda Items
Any member of the public may address this meeting of the City Council on any item which does not appear on the regular meeting agenda but is of interest to the general public and is an item upon which the City Council may act. A three-minute limitation shall apply to each member of the public and no member shall be permitted to share their time with any other person. No action shall be taken, nor discussion held by the City Council, on any item which does not appear on the agenda, unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of §54954.2 of the Government Code.

Special Assistance/Accessibility Requests
In compliance with the Americans with Disabilities Act, any member of the public may request that the agenda and agenda packet be mailed to them. If you need special assistance to participate in this meeting (such as translation services), please contact the City Clerk's Office. Advanced notification of at least 48 hours prior to the meeting will allow the city to make arrangements to ensure your accessibility.
¿Necesita servicios de traducción para participar? Contacto Oficina del Secretario de la Ciudad.

CONTACT • CONTACTO
City Clerk's Office | 951-922-3102 | [email protected] 99 East Ramsey Street, Banning, California 92220
City Council - Regular Meeting Agenda
June 9, 2026
5 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: June 9, 2026
SUBJECT: Annual Presentation by Members of the City of Banning Youth Council STAFF RECOMMENDATION:

Receive and File
BACKGROUND:

The City of Banning established the Banning Youth Council in 2024 and annually, the Youth Council provide a report on their activity over the last year.

JUSTIFICATION:

The Banning Youth Council was established to serve as an advisory board to the Banning City Council and provide youth of the City of Banning with a channel to have their voices heard and to participate in City Government.

FISCAL IMPACT:

There is no Fiscal Impact associated with this presentation. 6 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director MEETING DATE: June 9, 2026
SUBJECT: Recognition of Outgoing Banning Youth Council Members STAFF RECOMMENDATION:

Four Youth Council Members are set to Graduate this month. Staff requests City Council acknowledge and recognize their tremendous service to the community through their involvement on the Banning Youth Council.

BACKGROUND:

The Banning Youth Council is comprised of up to nine members and meets monthly in the Council Chambers on the first Tuesday at 5:00 pm. The Banning Youth Council volunteer their time to offer a voice for the youth in the community and to create and participate in teen and family events.

JUSTIFICATION:

The following Banning Youth Council members are graduating and have served the City of Banning admirably.

Kal-El Hernandez originally appointed on February 27, 2024 Malia Lopez originally appointed on February 27, 2024
Sara McDermott originally appointed on March 11, 2025
Josue Sanchez Omana originally appointed on August 26, 2025 FISCAL IMPACT:

N/A
ATTACHMENTS:

1. 2026 06 09_Banning Youth Council Service Certificates.pdf 7 City of Banning

PRESENTED TO
Kal-El Hernandez
The City Council of the City of Banning recognizes your dedication, leadership, and service as a member of the Youth Council. Your commitment to engagement, representation, and community betterment has made a meaningful impact. Thank you for your contributions as a member of the Youth Council and for making Banning a better place to live, work, & play!
Presented on this 9th day of June, 2026
Richard Royce, Mayor
8 City of Banning

PRESENTED TO
Malia Lopez
The City Council of the City of Banning recognizes your dedication, leadership, and service as a member of the Youth Council. Your commitment to engagement, representation, and community betterment has made a meaningful impact. Thank you for your contributions as a member of the Youth Council and for making Banning a better place to live, work, & play!
Presented on this 9th day of June, 2026
Richard Royce, Mayor
9 City of Banning

PRESENTED TO
Sara McDermott
The City Council of the City of Banning recognizes your dedication, leadership, and service as a member of the Youth Council. Your commitment to engagement, representation, and community betterment has made a meaningful impact. Thank you for your contributions as a member of the Youth Council and for making Banning a better place to live, work, & play!
Presented on this 9th day of June, 2026
Richard Royce, Mayor
10 City of Banning

PRESENTED TO
Josue Sanchez Omana
The City Council of the City of Banning recognizes your dedication, leadership, and service as a member of the Youth Council. Your commitment to engagement, representation, and community betterment has made a meaningful impact. Thank you for your contributions as a member of the Youth Council and for making Banning a better place to live, work, & play!
Presented on this 9th day of June, 2026
Richard Royce, Mayor
11 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Sandra Calderon, Deputy City Clerk
MEETING DATE: June 9, 2026
SUBJECT: Consideration and Approval of the meeting minutes of the February 24, 2026, March 10, 2026, March 24, 2026, April 14, 2026, April 28, 2026, May 26, 2026 Special City Council meetings (Closed Session) and May 26, 2026 Special City Council meeting (Workshop)
STAFF RECOMMENDATION:

Approve the meeting minutes of the February 24, 2026, March 10, 2026, March 24, 2026, April 14, 2026, April 28, 2026, May 26, 2026 Special City Council meetings (Closed Session) and May 26, 2026 Special City Council meeting (Workshop)
BACKGROUND:

After every meeting, the City Clerk's Office prepares meeting minutes. The City Council reviews and approves these minutes either as presented or with modifications.

JUSTIFICATION:

These minutes have been prepared as summary minutes in accordance with City Council Resolution 2025-22 and Government Code Section 36814, 4801, and 54953 (c)(2).

FISCAL IMPACT:

None
ATTACHMENTS:

1. 2026 02 24_Closed Session_DRAFT.pdf

2. 2026 03 10_Closed Session_DRAFT.pdf

3. 2026 03 24_Closed Session_DRAFT.pdf

4. 2026 04 14_Closed Session_DRAFT.pdf

5. 2026 04 28_Closed Session_DRAFT.pdf

6. 2026 05 26_Closed Session_DRAFT.pdf

7. 2026 05 26_Workshop_DRAFT.pdf
12 MINUTES
CITY COUNCIL – SPECIAL MEETING (CLOSED SESSION)
FEBRUARY 24, 2026

1. CALL TO ORDER – 3:04 p.m.

COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Sheri Flynn
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: John Pinkney, City Attorney
Art Vela, Interim City Manager
Bonnie Johnson, Interim Finance Director
Lisa Rossi, Human Resources Director
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk

2. PUBLIC COMMENTS - Agenda Items Only
There were no public comments.

3. CLOSED SESSION

3.1 CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6 (d) (1) Agency Designated Representatives: Art Vela, Interim City Manager; Bonnie Johnson, Interim Finance Director; Lisa Rossi, Human Resources Director; Oliver Yee, Liebert Cassidy and Whitmore (City Counsel) Employee Organization: Banning Police Manager's Association (BPMA); Banning Police Officer's Association (BPOA

3.2 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT

EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (3). One potential case Council Members recessed to Closed Session at 3:06 p.m. to discuss the items listed.

The City Council reconvened in open session, with all Council Members present, with no reportable action taken.

4. ADJOURNMENT
Council Member Miller motioned to adjourn, seconded by Mayor Pro Tem Barrington.

The question was called and the motion carried unanimously.

The meeting adjourned at 4:23 p.m.
13 City of Banning
City Council Minutes
February 24, 2026 Special Meeting – Closed Session
2 Minutes presented by:

Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/290?view_id=1&redirect=true 14 MINUTES
CITY COUNCIL – SPECIAL MEETING (CLOSED SESSION)
MARCH 10, 2026

1. CALL TO ORDER – 3:00 p.m.

COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Sheri Flynn (arrived at 4:04 p.m.) OTHERS PRESENT: John Pinkney, City Attorney
Elizabeth Gibbs, City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk

2. PUBLIC COMMENTS - Agenda Items Only
There were no public comments.

3. CLOSED SESSION

3.1 CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code 54956.9(d)(2) and/or (3) Potential Case(s): One (1)

3.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8.

Property: Banning Municipal Airport consisting of approximately 232.41 acres comprised of APNs 541- 240 -009; 541-250 -009; 541-140-003; 532-150-002; 532-150-003; 532-150- 004; 532- 130 -012; 532- 130-018; 532-130-011; 532-180- 034.

Agency Negotiator: City Manager Elizabeth Gibbs or her designee.

Negotiating Parties: City of Banning as potential Lessor and Industrial Enterprises, LLC as potential Lessee.

Under Negotiations: Price and Terms of proposed ground lease.

Council Members recessed to Closed Session at 3:02 p.m. to discuss the items listed.

The City Council reconvened in open session, with all Council Members present, with no reportable action taken.

4. ADJOURNMENT
Council Member Wallace motioned to adjourn, seconded by Mayor Pro Tem Barrington.

The question was called and the motion carried unanimously. 15 City of Banning
City Council Minutes
March 10, 2026 Special Meeting – Closed Session
2 The meeting adjourned at 4:09 p.m.

Minutes prepared by:

Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/296?view_id=1&redirect=true 16 MINUTES
CITY COUNCIL – SPECIAL MEETING (CLOSED SESSION)
MARCH 24, 2026

1. CALL TO ORDER – 3:00 p.m.

COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Sheri Flynn (arrived during Closed Session) OTHERS PRESENT: John Pinkney, City Attorney
Elizabeth Gibbs, City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk

2. PUBLIC COMMENTS - Agenda Items Only
There were no public comments.

3. CLOSED SESSION

3.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT

EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (3). Two potential cases.

3.2 CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL INITIATION OF

LITIGATION
Pursuant to Government Code Section 54956.9(d)(4). One Potential Case.

3.3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8.

Agency Negotiator: City Manager Elizabeth Gibbs or her designee.

Negotiating Parties: City of Banning as potential Lessor and Industrial Enterprises, LLC as potential Lessee.

Under Negotiations: Price and Terms of proposed ground lease.

Council Members recessed to Closed Session at 3:01 p.m. to discuss the items listed.

The City Council reconvened in open session, with all Council Members present, with no reportable action taken.
17 City of Banning
City Council Minutes
March 24, 2026 Special Meeting – Closed Session
2 4. ADJOURNMENT
Council Member Miller motioned to adjourn, seconded by Mayor Pro Tem Barrington.

The question was called and the motion carried unanimously.

The meeting adjourned at 4:41 p.m.

Minutes prepared by:

Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/300?view_id=1&redirect=true 18 MINUTES
CITY COUNCIL – SPECIAL MEETING (CLOSED SESSION)
APRIL 14, 2026

1. CALL TO ORDER – 3:07 p.m.

COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: Council Member Flynn (arrived at 3:09 p.m.) OTHERS PRESENT: Phaedra Norton, Assistant City Attorney Elizabeth Gibbs, City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk

2. PUBLIC COMMENTS - Agenda Items Only
There were no public comments.

3. CLOSED SESSION

3.1 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - SIGNIFICANT

EXPOSURE TO LITIGATION
Pursuant to Government Code Section 54956.9(d)(2) and/or (3). Two potential cases.

3.2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8.

Agency Negotiator: City Manager Elizabeth Gibbs or her designee.

Negotiating Parties: City of Banning as potential Lessor and Industrial Enterprises, LLC as potential Lessee.

Under Negotiations: Price and Terms of proposed ground lease.

3.3 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1):
(1) Tom Miller v. City of Banning, Riv. Co. Sup. Ct. Case No. CVRI2402316 (2) R.R., a minor, by and through his Guardian ad Litem, Anaise Hollis v. City of Banning Riverside Superior Court, Case No. CVR12507138

3.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8
Property: A.C. Dysart Park, APN: 537-190-016
19 City of Banning
City Council Minutes
April 14, 2026 Special Meeting – Closed Session
2 2101 W. Victory Avenue, Banning, CA
Agency Negotiator: Elizabeth Gibbs, City Manager or Designee Negotiating Parties: City of Banning and Banning Stagecoach Days Association Under Negotiation: Price and Terms of Payment
Assistant City Attorney Norton stated her office would be recused from Item 3.1. due to a conflict of intertest.

Council Member Wallace stated she would also be recused from Item 3.1. due to a conflict of financial interest regarding income and expenses.

Council Member Flynn stated she would also be recused from Item 3.1. due to a conflict of financial interest regarding a pending request for reimbursement of legal fees.

Council Members recessed to Closed Session at 3:13 p.m. to discuss the items listed.

4. OPEN SESSION AGENDA

4.1 Amendment No. 1 to Professional Services Agreement by Independent Contractor by and Between City of Banning and Sloan, Sakai, Yeung & Wong, LLP Recommendation:

Approve Amendment No. 1 to Professional Services Agreement by Independent Contractor by and Between City of Banning and Sloan, Sakai, Yeung & Wong, LLP RECESS
The City Council reconvened at 5:07 to the regular meeting agenda, leaving the Closed Session recess open. The City Council reconvened to the Closed Session agenda at 10:47 p.m.

The City Council asked clarifying questions.

City Manager Gibbs stated this agreement amendment was necessary to work on a specific project and was justified by the number of vacant staff positions at the City at the time.

MOTION
Mayor Pro Tem Barrington moved to approve the amendment for an additional six months, seconded by Council Member Wallace.

The question was called and the motion carried unanimously.

5. ADJOURNMENT
Council Member Wallace motioned to adjourn, seconded by Council Member Miller.

The question was called by roll call vote and the motion carried unanimously.

The meeting adjourned at 10:53 p.m.

Minutes prepared by:

Sandra B. Calderon
Deputy City Clerk
20 City of Banning
City Council Minutes
April 14, 2026 Special Meeting – Closed Session
3 These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/304?view_id=1&redirect=true 21 MINUTES
CITY COUNCIL – SPECIAL MEETING (CLOSED SESSION)
APRIL 28, 2026

1. CALL TO ORDER – 3:01 p.m.

COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Sheri Flynn
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Phaedra Norton, Assistant City Attorney Elizabeth Gibbs, City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk

2. PUBLIC COMMENTS - Agenda Items Only
There were no public comments.

3. CLOSED SESSION

3.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Name of Case and Case Number: Supporters Alliance for Environmental Responsibility v. City of Banning, Riverside Superior Court, Case No. CVR12600183

3.2 CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION Pursuant to Government Code Section 54956.9(d)(2) or (3)
Two (2) Potential Cases

3.3 CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION Deciding Whether to Initiate Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case

3.4 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8.

Agency Negotiator: City Manager Elizabeth Gibbs or her designee. 22 City of Banning
City Council Minutes
April 28, 2026 Special Meeting – Closed Session
2 Negotiating Parties: City of Banning as potential Lessor and Industrial Enterprises, LLC as potential Lessee.

Under Negotiations: Price and Terms of proposed ground lease.

Council Members recessed to Closed Session at 3:03 p.m. to discuss the items listed.

The City Council reconvened in open session with no reportable action taken.

4. ADJOURNMENT
Council Member Flynn motioned to adjourn, seconded by Council Member Miller.

The question was called by roll call vote and the motion carried 4-0-1, Council Member Wallace absent.

The meeting adjourned at 4:30 p.m.

Minutes prepared by:

Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/310?view_id=1&redirect=true 23 MINUTES
CITY COUNCIL – SPECIAL MEETING (CLOSED SESSION)
MAY 26, 2026

1. CALL TO ORDER – 3:01 p.m.

COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Sheri Flynn
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Phaedra Norton, Assistant City Attorney Elizabeth Gibbs, City Manager
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk

2. PUBLIC COMMENTS - Agenda Items Only
There were no public comments.

3. CLOSED SESSION

3.1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8.

Agency Negotiator: City Manager Elizabeth Gibbs or her designee.

Negotiating Parties: City of Banning as potential Lessor and Industrial Enterprises, LLC as potential Lessee.

Under Negotiations: Price and Terms of proposed ground lease.

3.2 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code 54956.9(d)(1)
Name of Case: Hannah Poulter v. City of Banning
Case No. CVR12405849, Riverside Superior Court
Council Members recessed to Closed Session at 3:03 p.m. to discuss the items listed.

The City Council reconvened in open session with no reportable action taken.

4. ADJOURNMENT
Council Member Wallace motioned to adjourn, seconded by Council Member Flynn. 24 City of Banning
City Council Minutes
May 26, 2026 Special Meeting – Closed Session
2 The question was called by roll call vote and the motion carried unanimously.

The meeting adjourned at 4:02 p.m.

Minutes prepared by:

Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/318?view_id=1&redirect=true 25 MINUTES
CITY COUNCIL – SPECIAL MEETING (WORKSHOP)
MAY 26, 2026

1. CALL TO ORDER – 4:03 p.m.

COUNCIL MEMBERS PRESENT: Mayor Richard Royce
Mayor Pro Tem Cindy Barrington
Council Member Sheri Flynn
Council Member Leroy Miller
Council Member Colleen Wallace
COUNCIL MEMBERS ABSENT: None
OTHERS PRESENT: Phaedra Norton, Assistant City Attorney Elizabeth Gibbs, City Manager
Art Vela, Public Works Director
Vickie Sellers, City Clerk
Sandra Calderon, Deputy City Clerk

2. WORKSHOP

2.1 Banning Animal Shelter Feasibility Analysis Report
Recommendation: Receive and file the Banning Animal Shelter Feasibility Analysis Report prepared by IDS Group, Inc. and provide feedback.

Art Vela, Public Works Director, presented the staff report. He introduced Quentin Montrie of IDS, who authored the feasibility report and was available to answer questions. Mr. Vela provided background information on the project and the history of the animal shelter. He stated the report found the shelter to be significantly undersized and discussed resulting impacts on animal welfare, staff safety, and the availability of medical and support space. He reviewed opportunities for improvement identified in the report, stakeholder input received during the process, and regional considerations related to animal shelter operations. Mr. Vela also outlined the improvement tiers and associated costs included in the report.

In response to Mayor Pro Tem Barrington, Mr. Vela discussed the roofing improvements included in Tier 1. He stated the existing tile roof would likely need to be replaced and could be replaced with a less expensive roofing material.

In response to Council Member Flynn, Mr. Vela discussed alternative improvement methods that had been considered. He also discussed the $500,000 payment from Sunset Crossroads and the anticipated timing of the payment.

In response to Mayor Pro Tem Barrington, Mr. Vela stated a regional shelter was likely at least seven years away and that improvements would need to be made to address the City’s immediate needs in the interim.

Mayor Royce questioned how the project would be funded given the City’s current financial condition. 26 City of Banning
City Council Minutes
May 26, 2026 Special Meeting – Workshop
2 Mr. Vela stated staff had not yet conducted significant research regarding funding options for the Tier 1 improvements. He stated the improvements would be a one-time cost, but recurring operational costs would also need to be evaluated.

Mayor Pro Tem Barrington questioned whether grant funding might be available from the County given that the County shelter was unable to accommodate Banning’s animal shelter needs. Mr. Vela stated staff would look into potential funding opportunities.

In response to Council Member Flynn, Mr. Vela discussed portable kennels and stated the City would need to determine how it wanted the shelter to operate and the level of service it wished to provide.

3. PUBLIC COMMENTS - Agenda Items Only
Frank Connolly discussed the condition of the shelter roof and factors that have contributed to its deterioration over the years. He stated he was present when the building was donated and expressed disappointment with its current condition. He expressed concern regarding the cost of the necessary improvements and questioned whether constructing a new shelter elsewhere in the City would be a better option.

A resident discussed portable kennels and stated she had prior experience with them. She stated they require specialized roofing and, given the wind conditions in Banning, would not be a viable solution. She also expressed concern regarding the enforcement of City ordinances related to animals and pets.

Mayor Pro Tem Barrington responded to Mr. Connolly and stated the City was seeking temporary and interim solutions while awaiting completion of the County animal shelter.

Mr. Vela stated staff would continue finalizing the report and researching potential funding sources.

He requested feedback from the Council regarding finalization of the report.

In response to Council Member Flynn, Mr. Vela discussed the property's foundation and stated the report identified few concerns in that area. He stated drainage improvements represented a more significant issue. He also discussed the possibility of utilizing volunteers, donated materials, and donated labor for the project, but stated the City should first identify internal funding sources before relying on donated resources.

4. ADJOURNMENT
Mayor Pro Tem Barrington motioned to adjourn, seconded by Council Member Wallace.

The question was called by roll call vote and the motion carried unanimously.

The meeting adjourned at 4:49 p.m.

Minutes prepared by:

Sandra B. Calderon
Deputy City Clerk
These minutes have been prepared as Summary Minutes in accordance with City Council Resolution 2025-22 and Government Code Sections 36814, 40801, and 54953(c)(2).

The entire discussion of this meeting may be viewed here:
https://banningca.granicus.com/player/clip/319?view_id=1&redirect=true 27 CITY OF BANNING

Receive and file
BACKGROUND:

To keep the City Council and the public informed of the progress and status of various capital improvement projects, staff has prepared the attached Public Works CIP Tracking List, which will be updated and presented on a monthly basis.

The tracking list includes planning, environmental, design, and construction contracts previously approved by the City Council and/or the City Manager’s Office and currently managed by the Public Works Department.

JUSTIFICATION:

This recurring item is provided to keep the City Council and public apprised of the progress on certain projects.

FISCAL IMPACT:

Not applicable.

ATTACHMENTS:

1. CIP Tracking List_May 2026.pdf
28 Category Project # Project Name Phase % Completed Tasks Completed Current Tasks Future Tasks Tentative Completion Date Project Budget Streets 2023-17 Hargrave Grade Separation PA&ED 18% Contract execution; project kickoff, grant reporting.
35% Caltrans Submittal; 10% UPRR
Approval; FRA RCE Grant Application
25% UPRR Submittal, Environmental
Assessments
12/31/27 $ 8,300,000
Streets - Highland Springs Avenue
Interchange
PA&ED 40% Highway Safety Manual segmentation existing
condition; aerial topo mapping; traffic volume
report; Environmental Purpose/Need Statement;
Air/Noise memos; VMT Methodology Memo;
DDI Exclusion Memo; ROW Data Sheets;
Revised noise studies for new alternate,
updated technical studies
Design Standard Risk Assessment;
Value Analysis Report; Geometric
Approval Document; R/W Data Sheets;
Transp. Management Plan
12/31/27 $ 2,900,000
Streets 2020-04 Sun Lakes Blvd Extension CEQA, PS&E 99% Obtained environmental permits, complted PSE package.

Construction support Complete environmental mitigationss 12/1/26 $ 1,248,026 Streets 2020-04 Sun Lakes Blvd Extension Construction 2% Construction project public advertising Contractor performing clearing and grubbing the whole site including potholing
of all utilties
Begin Kinder Morgan Relocation and
Construction of the Reinforced
Concrete Boxes at the Smith Creek
crossings
7/30/27 $ 20,996,793
Streets - Traffic Signalization of 8th
Street/I-10 Interchange
Design/Permits 90% Design well underway. Submittal of
encroachment permit application to Caltrans.

Caltrans approval on TOAR and concepts.

Design paused, due to rephase of RSG
project and property acquisition needs
Resubmitted to Caltrans if needed.

Caltrans encroachment permit
issuance. Property acquisition (private
party task)
6/1/26 $ 1,081,000
Streets 2022-05 HSIP Cycle 10 Omar/Ramsey
Intersection Improvements
Construction 100% Project Approved for Funding by the State.

Proposal solicitation. Contract award.

Retention released Caltrans post-construction review
meeting
2/27/26 $ 649,954
Streets 2023-04 HSIP Cycle 10 Ramsey Street
Pedestrian Safety Improvements
Construction 95% Project Approved for Funding by the State.

Project Awarded.

Construction is substantially completed.

Waiting on long lead items such as street
lights and
Pre-Construction review meeting with
Caltrans.
4/14/26 $ 596,850
Streets 2023-09 HSIP Upgrade 17 Traffic Signals
Hardware
PS&E 90% Project approved for funding by Caltrans STC Traffic Working on 90% Plans Submittal and Caltrans EP Approval
100% Plans Submittal and Approval 3/30/26 $ 74,760
Streets 2023-10 HSIP Pedestrian Crossings
Upgrades at 19 Intersection
PS&E 80% Project approved for funding by Caltrans Consultant working on 90% plans 90% plan submittal 6/30/26 $ 86,075 Streets 2023-11 HSIP Wilson St & 12 St
Intersection Upgrade
PS&E 10% Project approved for funding by Caltrans Consultant working on on 30% plan submittal
Submit 30% Plans 9/30/26 $ 41,665
Streets 2023-05 San Gorgonio/UPRR Pedestrian
Crossing
Design 95% Amendment 2 CC Approval. 65% Plans
complete
Final Plans approved by UPRR, CUPC
and Caltrans. C&M Agreement Draft
Approve C&M Agreement. Prepare Bid
Documents
8/30/26 $ 230,000
Facility 2021-06 CNG Station Design-Build 98% Project is now substantially complete. Project is now substantially complete. Completion of final punchlist items.

Notice of Completion
5/15/26 $ 4,888,261
Facility City Hall Roof Repairs - Phase 2 Design/Bid 10% Scope identification - Roof/leak repairs on flat roof section over remainder of City Hall
Preparation of RFP Award, Construction 10/31/26 $ 275,000 Facility 2024-02 City Hall HVAC Replacement Construction 1% Bid and award of contract Finalize contracts Construction 8/1/26 $ 188,000 Water 2018-02W2 New Domestic Water Well C8 (Phase 2: Well Equipping and Site Development)
Construction 80% Installed pump, above-ground piping, pump-towaste, louvers, doors, CMU block. Completed curb, gutter, asphalt paving, drainage swale.

Finish roofing and truss system, Exterior
finishes, Paint and coating
MCC, switchboard, VFD, Transfer
switch, generator, start-up, O&M
manuals, testing and training
7/30/26 $ 3,774,100
Water 2022-07W Well M12A (Phase 2: Well
Equipping an Site Development)
Construction 95% Installed pump, above-ground piping, pump-towaste, louvers, doors, CMU block, electrical units, testing, disinfection
Slurry seal asphalt O&M manuals and training, completion of final punchlist items. Notice of
completion
7/30/26 $ 2,684,990
Wastewater 2022-
01WW
Wastewater Treatment Plant and
Recycled Water Improvements
Phase 1
(Design)
30% Received 10% BODR (Basis Of Design Report). PDB team has provided updated quote on a packaged system, which is currently
being evaluated.

Analyze the cost estimate and
determine next steps.
4/30/26 $ 4,398,490
Wastewater 2020-
08WW
WWTP Equalization Basin Design/CEQA 95% Completed 90% drawings review. Development of 100% drawings; ~$1.25M EPA Community Grant has been issued.

Finalize 100% drawings; Approval to
proceed with grant expenditures;
Invitation for Bids.
6/1/26 $ 362,866
Recycled
Water
2024-1RW Charles Street and Lincoln Street
Booster Station and Reservoirs
Construction 95% Project was awarded, a NTP was issued
followed by pre-con meeting and submittal
reviews.

Finish installation of MCCs at Charles and
Lincoln. Install Fiber Optic.

Energize both Sites 5/30/26 $ 10,160,200
Recycled
Water
2023-
06RW
Lions Park Non-Potable Water
Conversion
Construction 100% Project Awarded. Kick Off Meeting. Surveying and utility research
Release Retention Warranty Period 3/31/26 $ 920,672
Electric Sun Lakes Blvd Extension Construction 2% Application for SCE relocation work is complete.

SCE joint trench plan estimated to be complete
in August 2026.

Construction started on May 11. Contractor
on site for clearing and grubbing whole site
including potholing all utilities
Begin construction of concrete box
culverts on the east side
7/30/27 $ 2,366,090

PUBLIC WORKS CAPITAL IMPROVEMENT PROJECTS (CIP) TRACKING SHEET 29 Electric Robertson's Ready Mix Pole
Relocation
Construction 0% Line Extension Agreement approved by City Council. Additional comments provided by
Robertson's Ready Mix
Update agreement and resubmit for City
Council approval
Collect deposits from Robertson's
Ready Mix and order materials for
construction and schedule installation
12/30/26 $ 425,000
Electric 12kV Reconductor on Barbour St
at Hathaway
PS&E 95% Alternative plan to address replacement of 4kV equipment at the site has been approved.

Negotiate cost sharing with property
owners at 700 S Hathaway St for reduced
scope of work for completing necessary
upgrades to replace all 4kV equipment
with 12kV equipment.

Make adjustments for current budget
cycle and carry over to 2026/27 if
needed. Current construction estimate
is $125,000.
9/30/26 $ 125,000
Electric Mias Canyon Line Hardening Design/MSHCP 100% Line hardeining redesign completed. MSHCP Consistency ASnalysis has been completed and
submitted to USFW/FEMA/CDFW/CalOES for
review.

Coordinate with Riverside County and
other participating jurisdictions to confirm
incorporations of measures for consistency
with the MSHCP.

Await determination on approval of
federal grant funding and match
funding thru CalOES
12/30/27 $ 2,189,140
Electric 34.5kV Circuit Reroute Construction 65% 16 of 26 poles have been replaced. Installation is being completed by BEU linemen.

Make adjustments for 2026/27 budget
cycle to include funding for this project.

Schedule construction for remaining poles
Complete installation of remaining
poles and re-energize sub-transmission
Circuit #1.
12/30/26 $ 575,000
30 CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Elizabeth Gibbs, City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: June 9, 2026
SUBJECT: Consideration of Resolution 2026-79 Approving Amendment No. 7 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an Additional Amount of $23,550 for Continued Environmental Support Services for the Sun Lakes Blvd Extension Project STAFF RECOMMENDATION:

Adopt Resolution 2026-79
BACKGROUND:

On April 14, 2020, City Council approved Resolution No. 2020-48 for Professional Services Agreement with Albert A. Webb Associates, Inc. (WEBB) for the design of the Sun Lakes Boulevard Extension Project in the amount of $548,416.05.

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 Agreement was subsequently amended two (2) times. The first amendment increased the funding by $12,000,000 and the second amendment increased the funding by $7,000,000 for a total of $20,000,000.

On February 11, 2022, a change order to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25. The approval of this change order was within the City Manager approval authority.

On March 21, 2022, a change order to the Professional Services Agreement with WEBB was approved for out-of-scope work for the preparation of a sediment transport analysis in the amount of $5,974.88 to comply with requirement of the California Department Fish and Wildlife. The approval of this change order was within the City Manager approval authority.

On October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB (Amendment No. 1) to include additional compensation in the amount of $148,222 and extend the term of the agreement to June 30, 2024.

Amendment No. 1 was for out-of-scope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting. Amendment No. 1 increased the contract amount to $751,947.66. 31 On October 24, 2023, City Council adopted Resolution 2023-174, authorizing the Mayor to execute an Agreement for Measure A Regional Arterial (MARA) funding with the Riverside County Transportation Commission (RCTC) in the amount of $13,500,000 for the Construction of the Sun Lakes Boulevard Extension Project.

On October 24, 2023, City Council adopted Resolution 2023-175 to amend the Professional Services Agreement with WEBB (Amendment No.2) to include additional compensation in the amount of $496,079 for continued design of the Sun Lakes Boulevard Extension. Amendment No. 2 increased the contract amount to $1,248,026.66.

On January 6, 2025, City staff amended the Professional Services Agreement with WEBB (Amendment No.3) to extend the Term of Agreement to June 30, 2026.

On May 27, 2025, City Council adopted Resolution 2025-70 to amend the Professional Services Agreement with WEBB (Amendment No.4) to include additional compensation in the amount of $57,080 for environmental permitting related biological studies for the Sun Lakes Boulevard Extension.

Amendment No. 4 increased the contract amount to $1,305,106.66.

On August 26, 2025, City Council adopted Resolution 2025-116 to amend the Professional Services Agreement with WEBB (Amendment No.5) to include additional compensation in the amount of $59,600 for engineering and environmental permitting services for the Sun Lakes Boulevard Extension.

Amendment No. 5 increased the contract amount to $1,364,706.66.

On March 24, 2026, City Council adopted Resolution 2026-56 to amend the Professional Services Agreement with WEBB (Amendment No.6) to include additional compensation in the amount of $78,624 for construction engineering support services. Amendment No. 6 increased the contract amount to $1,443,330.66 and extended the Agreement Term to December 31, 2026.

On May 13, 2026, WEBB submitted a proposal (Change Order No. 8) outlining the necessary environmental services for Offsite Compensatory Mitigation Support in the amount of $23,550. The scope of work under this Amendment No. 7 includes management and coordination support for mitigation associated with regulatory permits which include:

Permits from the California Department of Fish and Wildlife (CDFW) and the Colorado Regional Water Quality Control Board (RWQCB) for impacts to jurisdictional waters.

An Incidental Take Permit (ITP) from CDFW for Bombus Crotchii (Crotch bumble bee).

Contract Summary:

Original Contract $ 548,416.05
Change Order No. 1 $ 24,983.25
Change Order No. 2 $ 5,974.88
Change Order No. 3 $ 148,222.00
Contingency $ 24,351.48
Change Order No. 4 $ 496,079.00
Change Order No. 5 $ 57,080.00
Change Order No. 6 $ 59,600.00
Change Order No. 7 $ 78,624.00
Change Order No. 8 $ 23,550.00
Total Contract Value $1,466,880.66
JUSTIFICATION:

Sun Lakes Boulevard is identified by the City of Banning General Plan Circulation Element as an Arterial Highway. The proposed extension of Sun Lakes Boulevard will ease traffic congestion on existing city streets; improve public safety and emergency response; and improve regional connectivity. 32 Approving Amendment No. 7 is critical to ensuring a successful construction phase. By securing WEBB's environmental support during construction, the City will have the necessary resources to navigate complex permittee responsible mitigation requirements, maintain regulatory compliance with CDFW and RWQCB, track progress by the Inland Empire Resource Conservation District and Rivers (IERCD) and Lands Conservancy, and avoid potential enforcement actions or project delays.

FISCAL IMPACT:

An appropriation from the Measure A Fund in the amount of $23,550 to Account No. 101-4900-431.93- 16 is necessary to fund Amendment No. 7.

The additional project costs are eligible and expected to be reimbursed through TUMF Funds administered by WRCOG and MARA Funds administered by RCTC. The City has secured a total of $33,500,000 from these sources for the project.

ATTACHMENTS:

1. Resolution 2026-79.docx

2. Resolution No. 2026-56.pdf

3. Resolution No. 2025-116.pdf

3. Resolution No. 2025-070.pdf

4. Resolution No. 2023-175.pdf

4. Resolution No. 2023-174.pdf

5. Resolution No. 2022-139.pdf

5. Resolution No. 2020-097.pdf

6. Resolution No. 2020-048.pdf

6. Original Services Agreement.pdf

7. Amendment #1.pdf

8. Amendment #2.pdf

10. Amendment #3.pdf

12. Amendment #4.pdf

13. Amendment #5.pdf

15. Amendment #6.pdf

17. Change Orders #1,2 and 3.pdf

18. Change Order #4.pdf

19. Change Order #5.pdf

20. Change Order #6.pdf

21. Change Order #7.pdf

22. Change Order #8.pdf
33 Resolution 2026-79

Page 1 of 5 ends

RESOLUTION 2026-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $23,550 FOR CONTINUED ENVIRONMENTAL SUPPORT SERVICES.

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 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. The Agreement was subsequently amended two (2) times. The first amendment increased the funding by $12,000,000 and the second amendment increased the funding by $7,000,000 for a total of $20,000,000; and WHEREAS, on February 11, 2022, change order no.1 to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25; and WHEREAS, on March 21, 2022, a change order no.2 to the Professional Services Agreement with WEBB was approved for out-of-scope work including a sediment transport analysis in the amount of $5,974.88; and
WHEREAS, on October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB (“Amendment No. 1”) to include additional compensation in the amount of $148,222 (change order no.3) and extend the term of the agreement to June 30, 2024. Amendment No. 1 was for out-ofscope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting.

Amendment No. 1 increased the contract amount to $751,947.66; and WHEREAS, On October 24, 2023, City Council adopted Resolution 2023-174, authorizing the Mayor to execute an Agreement for Measure A Regional Arterial (MARA) funding with the Riverside County Transportation Commission (RCTC) in the amount of $13,500,000 for the Construction of the Sun Lakes Boulevard Extension Project; and WHEREAS, on October 24, 2023, City Council adopted Resolution 2023-175 to amend the Professional Services Agreement with WEBB (“Amendment No.2”) to include additional compensation in the amount of $496,079 for continued design of the Sun Lakes Boulevard Extension increasing the contract amount to $1,248,026.66; and WHEREAS, On January 6, 2025, City staff amended the Professional Services Agreement with WEBB (“Amendment No.3”) to extend the Term of Agreement to June 30, 2026; and
WHEREAS, On May 27, 2025, City Council adopted Resolution 2025-70 to amend the Professional Services Agreement with WEBB (“Amendment No.4”) to include additional 34 Resolution 2026-79

Page 2 of 5 ends

compensation in the amount of $57,080 for environmental permitting related biological studies for the Sun Lakes Boulevard Extension increasing the contract amount to $1,305,106.66; and WHEREAS, On August 26, 2025, City Council adopted Resolution 2025-116 to amend the Professional Services Agreement with WEBB (“Amendment No.5”) to include additional compensation in the amount of $59,600 for engineering and environmental permitting services for the Sun Lakes Boulevard Extension increasing the contract amount to $1,364,706.66; and WHEREAS, On March 24, 2026, City Council adopted Resolution 2026-56 to amend the Professional Services Agreement with WEBB (“Amendment No.6”) to include additional compensation in the amount of $78,624 for construction engineering support services increasing the contract amount to $1,443,330.66 and extended the Agreement Term to December 31, 2026; and
WHEREAS, On May 13, 2026, WEBB submitted a proposal (Change Order No. 8) outlining the necessary environmental services for Offsite Compensatory Mitigation Support in the amount of $23,550; and
WHEREAS, an appropriation from the Measure A Fund in the amount of $23,550 to Account No. 101-4900-431.93-16 is necessary to fund Amendment No.6; and WHEREAS, the additional project costs are eligible and expected to be reimbursed through TUMF Funds administered by WRCOG and MARA Funds administered by RCTC totaling $33,500,000.

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

SECTION 1. The City Council approves Amendment No. 7 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an additional amount of $23,550 for environmental support services for Sun Lakes Boulevard Extension.

SECTION 2. The City Council authorizes the City Manager, or their designee, to execute Amendment No.7 to the Professional Services Agreement with Albert A. Webb Associates, Inc.

SECTION 3. City Council authorizes the City Manager to make necessary non-substantive changes and execute Amendment No.7 to the Professional Services Agreement with Albert A.

Webb Associates, Inc.

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

PASSED, APPROVED AND ADOPTED this 9th day of June 2026.

Richard Royce, Mayor
City of Banning
ATTEST:
35 Resolution 2026-79

Page 3 of 5 ends

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

John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
36 Resolution 2026-79

Page 4 of 5 ends

CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026-79, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 9th day of June 2026 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sandra Calderon, Deputy City Clerk
City of Banning, California
37 Resolution 2026-79

Page 5 of 5 ends

EXHIBIT A
Amendment No.7 to the Professional Services Agreement with WEBB 38 RESOLUTION 2026- 56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $ 78, 624 FOR

CONSTRUCTION ENGINEERING SUPPORT SERVICES AND EXTENDING THE AGREEMENT TERM TO DECEMBER 31, 2027, FOR THE SUN LAKES BOULEVARD EXTENSION PROJECT.

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 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. The Agreement was subsequently amended two ( 2) times. The first amendment increased the funding by $ 12, 000, 000 and the second amendment increased the funding by $ 7,000, 000 for a total of $20,000, 000; and WHEREAS, on February 11, 2022, change order no.1 to the Professional Services Agreement with WEBB was approved for out- of- scope work including coordination with Western Riverside County Regional Conservation Authority ( RCA) in the amount of $24, 983. 25; and WHEREAS, on March 21, 2022, a change order no.2 to the Professional Services Agreement with WEBB was approved for out- of-scope work including a sediment transport analysis in the amount of $5,974. 88; and
WHEREAS, on October 11, 2022, City Council adopted Resolution 2022- 139 to rescind Resolution 2022- 106 and to amend the Professional Services Agreement with WEBB Amendment No. 1 ") to include additional compensation in the amount of $148, 222 ( change order no. 3) and extend the term of the agreement to June 30, 2024. Amendment No. 1 was for out- ofscope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting.

Amendment No. 1 increased the contract amount to $ 751, 947. 66; and WHEREAS, On October 24, 2023, City Council adopted Resolution 2023- 174, authorizing the Mayor to execute an Agreement for Measure A Regional Arterial ( MARA) funding with the Riverside County Transportation Commission ( RCTC) in the amount of $ 13, 500, 000 for the Construction of the Sun Lakes Boulevard Extension Project; and WHEREAS, on October 24, 2023, City Council adopted Resolution 2023- 175 to amend the Professional Services Agreement with WEBB (" Amendment No.2") to include additional compensation in the amount of $ 496, 079 for continued design of the Sun Lakes Boulevard Extension increasing the contract amount to $ 1,248, 026. 66; and WHEREAS, On January 6, 2025, City staff amended the Professional Services Agreement with WEBB (" Amendment No. 3") to extend the Term of Agreement to June 30, 2026; and
Resolution 2026- 56

Page 1 of 5 ends

39 WHEREAS, On May 27, 2025, City Council adopted Resolution 2025- 70 to amend the Professional Services Agreement with WEBB (" Amendment No.4") to include additional compensation in the amount of $57, 080 for environmental permitting related biological studies for the Sun Lakes Boulevard Extension increasing the contract amount to $ 1,305, 106. 66; and WHEREAS, On August 26, 2025, City Council adopted Resolution 2025- 116 to amend the Professional Services Agreement with WEBB (" Amendment No.5") to include additional compensation in the amount of $ 59,600 for engineering and environmental permitting services for the Sun Lakes Boulevard Extension increasing the contract amount to $ 1,364, 706. 66; and WHEREAS, as the Sun Lakes Boulevard Extension Project moves from the design phase into construction, additional engineering support services are required to assist the City' s Construction Management team including construction engineering administration and coordination; materials submittals review; Requests for Information ( RFI) reviews and responses; construction progress meetings attendance; grading quantity verification; and preparation of final record drawings; and
WHEREAS, an appropriation from the Measure A Fund in the amount of $ 78,624 to Account No. 101- 4900- 431. 93- 16 is necessary to fund Amendment No.6; and WHEREAS, the additional project costs are eligible and expected to be reimbursed through TUMF Funds administered by WRCOG and MARA Funds administered by RCTC totaling 33,500, 000.

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

SECTION 1. The City Council approves Amendment No. 6 to the Professional Services Agreement with Albert A. Webb Associates, Inc. for an additional amount of $ 78,624 for construction engineering support services for Sun Lakes Boulevard Extension.

SECTION 2. The City Council authorizes the City Manager, or their designee, to execute Amendment No. 6 to the Professional Services Agreement with Albert A. Webb Associates, Inc.

SECTION 3. City Council authorizes the City Manager to make necessary non- substantive changes and execute Amendment No. 6 to the Professional Services Agreement with Albert A.

Webb Associates, Inc.

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

PASSED, APPROVED AND ADOPTED this 24th day of March 2026.

ATTEST:

Resolution 2026- 56

Page 2 of 5 ends

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

Joh,9::' ir:tkney, City Attorne
Slo~ Baron, Empey, urphy & Pinkney,
LLP
Resolution 2026- 56

Page 3 of 5 ends

41 CERTIFICATION:

I, Sandra Calderon, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2026- 56, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 24th day of March 2026 by the following vote, to wit:

AYES: Barrington, Flynn, Miller, Royce, Wallace
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2026- 56

Page 4 of 5 ends

Sandra Calderon, Deputy City Clerk
City of Banning, California
42 EXHIBIT A
Amendment No.6 to the Professional Services Agreement with WEBB Resolution 2026- 56

Page 5 of 5 ends

43 AMENDMENT NO. 6 TO PROFESSIONAL SERVICES AGREEMENT
C00660) FOR THE DESIGN OF SUN LAKES BOULEY ARD

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 44 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, I06.66) 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 Tenns. 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 Te1m 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 ofAgreement. 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 tenn " 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 45 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 fonnally 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]
46 The Parties are signing this Amendment No. 6 on the date stated in the introductory clause.

CITY OF BANNING
Elizabeth Gibbs,
City Manager
City Council Approval: ______ _
ATTEST:

Sandra Calderon
Administrative City Clerk
APPROVED AS TO FORM:

Slovak, Baron, Empey, Murphy & Pinkney
LLP
John 0. Pinkney
City Attorney

CONSULTANT
NAME:

TITLE:

NAME:

TITLE:

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.
47 A L B E R T A.

ASSOCIATES
Janumy 15, 2026
Patrick Safari, CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: psafari@banningca. gov
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 ( RF Is), verification of grading quantities, preparation ofrecord drawings, and participation in construction progress meetings.

The following proposal outlines WEB B' 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
3788 McCray Street, Riverside, CA 92506 IP:951. 686. 1070 I F:951. 788. 1256 Iwww. webbassociates. com 48 2020- 0126
City of Banning

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 supp01i throughout the duration of construction, including:

Coordination with the City Construction Manager, Resident Engineer/ Inspector, and Co'ntractor
Interpretation of approved plans, specifications, and contract documents Engineering suppo1i 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
2 49
2020- 0126
City of Banning
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 RFls shall be categorized by complexity to define the level of engineering effort required:

A. Sim pie 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 IO RFis, with an average of 2 hours of the Engineer' s time and l hour of the Project Coordinator and Project Manager' s time per RFJ.

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 I hour of the Project Coordinator' s time per RFI.
3 50
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
RFls 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 2020- 0126
City of Banning
Plan markup or reference to contract documents. Includes a total of 5 RFls, 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 pe1form 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 pe1formed 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
4 51
Item

1.1 Updating plan sheets to reflect final constructed conditions 2020- 0126
City of Banning
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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Billout Rate $ 312 $ 312 $ 312 $ 298 $ 258 $ 196 .

IIIM f•1 111- I a • I llfllll''1l•1 1111 . ; • • 1•• .... : : ' Construction Enaineerina Administration & Coordination 8 4 8 4 24

1...,-,, 1,1u • [;.. l'J a : I I I

2.1 Material Submittal Review 8 10 2 10 30
1- 1 , 111t, 11r., , 1111 ••· .. .... . .. ' . I

3.1 Simole RFls / 10\ 5 10 10 5 30

3.2 Medium - Comolexitv RFI ( 5) 5 8 12 5 30

3.3 Comolex RFls / 5) 5 16 24 5 50

4.1 Virtual Construction Proaress Meetinas / 24) 32 12 44 ml -r" l-:Tt 1 1': m .-~ .

5.1 Gradina Quantitv Verification 24 2 32
t1••-· .......... • [---:• 111, 111• ~ : I

6.1 Preoare As- Built Drawinas 2 8 12 4 4 30
Total 63 4 74 88 6 35 270
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52 RESOLUTION 2025- 116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $ 59,600 FOR

ENGINEERING AND ENVIRONMENTAL PERMITTING SERVICES FOR THE SUN LAKES BOULEVARD EXTENSION PROJECT.

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 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, a change order ( change order 1) to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority ( RCA) in the amount of $24,983.25; and
WHEREAS, on March 21, 2022, a change order ( change order 2) to the Professional Services Agreement with WEBB was approved for out-of-scope work including a sediment transport analysis in the amount of $5,974.88; and
WHEREAS, on October 11, 2022, City Council adopted Resolution 2022- 139 to rescind Resolution 2022- 106 and to amend the Professional Services Agreement with WEBB Amendment No. 1 ") to include additional compensation in the amount of $148,222 ( change order 3) and extend the term of the agreement to June 30, 2024. Amendment No. 1 was for out- ofscope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting.

Amendment No. 1 increased the contract amount to $751, 947.66; and WHEREAS, on October 24, 2023, City Council adopted Resolution 2023- 175 to amend the Professional Services Agreement with WEBB (" Amendment No.2") to include additional compensation in the amount of $ 496,079 for continued design of the Sun Lakes Boulevard Extension increasing the contract amount to $1,248,026. 66; and WHEREAS, On January 6, 2025, City staff amended the Professional Services Agreement with WEBB (" Amendment No.3") to extend the Term of Agreement to June 30, 2026; and
WHEREAS, On May 27, 2025, City Council adopted Resolution 2025- 70 to amend the Professional Services Agreement with WEBB (" Amendment No.4") to include additional compensation in the amount of $57,080 for environmental permitting related biological studies for the Sun Lakes Boulevard Extension increasing the contract amount to $ 1,305,106.66; and Resolution 2025- 116

Page 1 of 5 ends

53 WHEREAS, the scope of work includes Incidental Take Permit ( ITP) application, Crotch' s Bumble Bee ( CBB) Habitat Assessment of Offsite Mitigation Site, UAV Drone Survey, WEBB meetings and coordination and updated street and storm drain plans; and WHEREAS, the scope of work change is essential to meet environmental mitigation requirements and to make sure that the project construction phase begins on time; and WHEREAS, Amendment No.5 will amend the Professional Services Agreement by adding an additional $ 59,600 to cover Change Order No.6; and
WHEREAS, an appropriation from the Measure A Fund in the amount of $ 59,600 to Account No. 101- 4900- 431. 93-16 is necessary to cover the change orders; and WHEREAS, the project is funded by the TUMF program up to $ 12,000,000, therefore the additional expenditure related to Amendment No. 5 will be reimbursed by the TUMF program.

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

SECTION 1. The City Council approves Amendment No. 5 to the Professional Services Agreement with Albert A Webb Associates, Inc. for an additional $ 59,600 for the Design of Sun Lakes Boulevard Extension.

SECTION 2. City Council authorizes the City Manager or designee to make necessary budget adjustments, appropriations and transfers related to Amendment No. 5 to the Professional Services Agreement with Albert A Webb Associates, Inc. for the Design of Sun Lakes Boulevard Extension.

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

PASSED, APPROVED AND ADOPTED this 26th day of August 2025.

ATTEST:

Sandra Calderon, Acting Administrative
City Clerk
City of Banning
Resolution 2025- 116

Page 2 of 5 ends

Sheri Flynn, Mayor -+
City of Banning
54 APPROVED AS TO FORM:

Resolution 2025- 116

Page 3 of 5 ends

55 CERTIFICATION:

I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-116, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 26th day of August 2025 by the following vote, to wit:

AYES: Barrington, Flynn, Miller, Royce, Wallace
NOES: None
ABSENT: None
ABSTAIN: None
Resolution 2025- 116

Page 4 of 5 ends

Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
56 EXHIBIT A
Amendment No.5 to the Professional Services Agreement with WEBB Resolution 2025- 116

Page 5 of 5 ends

57 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 Albe1i 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.

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 58 496, 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.

L 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 l ", 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, 59 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 instrnment.

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 Paiiies 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]
60 The Parties are signing this Amendment No. 5 the date stated in the introductory clause.

CITY OF BANNING
Douglas Schulze,
City Manager
City Council Approval: ____ _
ATTEST:

Caroline Patton
Administrative City Clerk

CONSULTANT
NAME:

TITLE:

NAME:

TITLE:

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED.

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUlRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT' S BUSINESS ENTITY.
61 A L B E R T A.

A S S O C I A T E S
Patrick Safari, CIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: psafari@banningca. gov
ATTACHMENT "1"
August8, 2025
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, CBBJ 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. 3788 McCray Street, Riverside, CA 92506 IP: 951.~ fl-~ 070 IF:951. 788. 1256 Iwww. webbassociates. com 62 ATTACHMENT " 1"

2. Project Location
2020- 0126
City of Banning
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 CBS 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 CBS. 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 2 A- 2
63 ATTACHMENT "1"
2020- 0126
City of Banning
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 FM- licensed Remote Pilot in Command ( RPIC), accompanied by a qualified visual observer, in full compliance with FM 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. 3 A-3
64 ATTACHMENT " 1"
2020- 0126
City of Banning
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 GE0- 2 states that prior to the commencement of ground- disturbing activities, the Project Paleontologist ( retained under MM GE0- 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.
4 A-4
65 ATTACHMENT " 1"
2020- 0126
City of Banning
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 Osprey) Biological Assessment for Potential Crotch' s Bumblebee Mitigation Task 2. Site( s) APNs: 532- 180- 049 & 532- 180- 017 $ 5, 750 Task 3. ( Osprey) UAV ( Drone) Survey ( Optional) $ 1, 960 WEBB) meetings and coordination, and tribal monitoring services agreement Task 4. with Morongo Band of Mission Indians $ 5, 690
WEBB) Revise Street & Storm Drain Improvement Plans and Prepare Easement Task 5. Documents $ 25, 540
Task 6. ( CRM Tech) Prepare PRIMP; Prepare and Present Paleontological WEAP $ 5, 130 TOTAL $ 59, 600
5 A-5
66 ATTACHMENT " 1"
2020- 0126
City of Banning
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) Citv Council Resolution 2022- 106 $ 129, 400 ( rescinded) City Council Resolution 2022- 139 $ 148, 222
Chancie 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
Dilesh . Sheth@webbassociates. com
Copy: Stephanie Standerfer
Autumn Dewoody
6 A-6
67 RESOLUTION 2025-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $ 57,080 FOR

ENVIRONMENTAL PERMITTING RELATED BIOLOGICAL STUDIES FOR THE SUN LAKES

BOULEVARD EXTENSION PROJECT
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 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, a change order (change order 1) to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority (RCA) in the amount of $24,983.25; and
WHEREAS, on March 21, 2022, a change order ( change order 2) to the Professional Services Agreement with WEBB was approved for out-of-scope work including a sediment transport analysis in the amount of $5,974.88; and
WHEREAS, on October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB Amendment No. 1") to include additional compensation in the amount of $148,222 (change order 3) and extend the term of the agreement to June 30, 2024. Amendment No. 1 was for out-ofscope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting.

Amendment No. 1 increased the contract amount to $751,947.66; and WHEREAS, on October 24, 2023, City Council adopted Resolution 2023-175 to amend the Professional Services Agreement with WEBB (" Amendment No.2") to include additional compensation in the amount of $496,079 for continued design of the Sun Lakes Boulevard Extension increasing the contract amount to $1,248,026.66; and WHEREAS, under the existing Professional Services Agreement, WEBB is working on securing regulatory permits from the Regional Water Quality Control Board ( RWQCB) and the California Department of Fish and Wildlife ( CDFW). To obtain these permits, pre-construction biological investigations are one of the prerequisites that must be met; and WHEREAS, the scope of work includes pre-construction Nesting Bird Survey, Burrowing Owl Inspection survey and report; Bumble Bee habitat surveys and reports; Biological Worker's Environmental Awareness Program ( WEAP) Training; and WEBB Management of Biological Services; and
WHEREAS, the biological investigations are time sensitive because they can only be conducted during certain months of the year; and
Resolution 2025-70

Page 1 of 4 ends

68 WHEREAS, Amendment No .3 will amend the Profess ional Services Agreement by adding an additional $ 57 ,080 to cover Change Order No.5 ; and WHEREAS, an appropriation from the Measure A Fund in the amount of $ 57 ,080 to Account No. 101- 4900- 431 .93- 16 is necessary to cover the change orders ; and WHEREAS, the project is funded by the TUMF prog ram up to $ 1 ,000 ,000 , therefore the additional expenditure related to Amendment No . 2 will be partially reimbursed by the TUMF program, which has a current balance of $ 189 ,605. 41 ; and WHEREAS, the City intends to request additional TUMF funding in the amount of 400 ,000 including contingency .

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

SECTION 1. The City Council approves Amendment No . 4 to the Professional Services Agreement with Albert A. Webb Associates , Inc . for an additional $ 57 ,080 for the Design of Sun Lakes Boulevard Extension.

SECTION 2. City Council authorizes the City Manager or designee to make necessary budget adjustments , appropriations and transfers related to Amendment No . 4 to the Profess ional Services Agreement with Albert A. Webb Associates , Inc. for the Design of Sun Lakes Boulevard Extension .

SECTION 3. The City Clerk shall certify to the adopt ion of this resolution and shall cause a certified resolution to be filed in the book of original resolut ions .

PASSED , APPROVED AND ADOPTED th is 27 th day of May 2025 .

ATTEST:

Caroline Patton , Admini
City of Banning
APPROVED AS TO FORM:

Resolution 2025- 70

Page 2 of 4 ends

SheriF! ynr{ a'y
City of Banning
69 CERTIFICATION:

I, Caroline Patton , Administrative City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolut ion 2025- 70 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 27th day of May 2025 by the following vote , to wit:

AYES : Barrington , Flynn , Miller, Royce , Wallace .

NOES :

ABSENT:

ABSTAIN:

Resolution 2025- 70

Page 3 of 4 ends

Caroline Patton, Administ
City of Banning , California
70 EXHIBIT A
Amendment No. 3 to the Professional Services Agreement with WEBB Resolution 2025- 70

Page 4 of 4 ends

71 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 ofFifty-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 Westem Riverside County Regional Conservation Authority ( RCA) in the amount of $24,983.25, leaving a contingency balance of $29,858.36.

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 72 496,079.00) for a total not to exceed amount ofOne 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 ofthe 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 l ", 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 ofAgreement. Except as amended by this Amendment No. 43, all provisions ofthe 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 ofthe Agreement or Amendments No. 1 through 4, the provisions ofthis 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 ofthe 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 ofthis Amendment No. 4, and (iv) entering into this Amendment No. 73 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]
74 The Parties are signing this Amendment No. 4 the date stated in the introductory clause.

CITY OF BANNING
Douglas Schulze,
City Manager
City Council Approval: ~n/_a ____ _
ATTEST:

Caroline Patton
Administrative City Clerk

CONSULTANT
NAME:

TITLE:

NAME:

TITLE:

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.
75 ATTACHMENT " 1"
76 A L B E R T A.

WEBB

A S S O C I A T E S
Patrick Safari, GIP Manager
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Sent via email: psafari@banninqca . gov
2020- 0126
February 28, 2025
Revised April 23, 2025
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. 3788 McCray Street, Riverside, CA 925061 P:951.686.1070 IF:951.788.1256I www.webbassociates. com 77 Scope of Work
Task 1: Biological Services During Construction
WO: 2020-0126
City of Banning
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 BI0-1)
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 BI0-2)
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 BI0-3)
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. 78 WO: 2020-0126
City of Banning
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, Asc/epias, Cirsium, Monardel/a, Keckiel/a, 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 BI0- 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. 79 WO: 2020-0126
City of Banning
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 BI0-5)
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 80 WO: 2020-0126
City of Banning
fee title), negotiate and find the City a th ird 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
Chanqe Order No. 1 $ 24 ,983.25 (subtracted from continqency) Chanqe Order No. 2 $ 5,974.88 (subtracted from continqency) 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 $
1 ,305 ,106.66
Change Order
81 WO : 2020- 0126
City of Banning
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
Dilesh. Sheth@webbassociates. com
Copy: Stephanie Standerfer
Autumn Dewoody
82 WO: 2020-0126
City of Banning

Page 16 ends

83 MsoCalGas
A ~ Sempra Energy utility"
March 27 , 2025
VIA Electronic Mail
Marisol Lopez
Economic Development Manager
City of Banning
99 E . Ramsey Street
Banning, CA 92220
Alana Edwards
Sr. Land Specialist
Land & Ri ght- of- Way
8101 Rosemead Blvd. SC722K
Pi co Rivera, CA 90660
Ph : ( 213) 671 -2089
Aedwa rdl@SoCalGa s.com
RE: Southern California Gas Company' s Line 2000 CLC MP 139.36 -139.44 Replacement Project - Offer Letter: Temporary Right ofEntry Agreement (TRE) Location: APN: 532-130 -012
Dear Ms_ Lopez,
Southern California Gas Company (SoCalGas ®) operates and maintains an existing pipeline and related facilities known as Line 2000, which is located on property owned by the City of Banning. SoCalGas holds the right-of-way easement recorded in Book 873, Page 234, on October 24 , 1947, at the County Recorder's Office of Riverside County. We are proposing to replace approximately 400 feet ofthis pipeline to ensure continued service reliability for our customers. As part ofthis project, SoCalGas requires a temporary right of entry agreement for your property, identified as APN: 532 -130-012, located in Riverside County.

SoCalGas is requesting 50 ,762 square feet of temporary workspace/ laydown yard , as described in the enclosed Temporary Right ofEntry Agreement (TRE) and depicted in the enclosed Exhibit A related to the Property identified as APN 532 -130-012. We are offering compensation ofNine Thousand Dollars ($9,000.00) for the TRE , payable upon receipt of the executed agreement. This arrangement is for a period ofthree months.

After review and acceptance by the City ofBanning' s Council Board, please execute the enclosed TRE and return the original signed document. Payment will be processed for the amount once the TRE is executed.
84

Page 2 ends

Ifyou have any questions regarding this offer or the project, please feel free to contact me at 562 388-3220 or via email at AEdwardl@SoCalGas. com.

Sincerely,

0. t,
Let me know ifyou need any further changes!
Alana Edwards
Southern California Gas
Enclosures:

Temporary Right of Entry Agreement w/Exhibit A
85 TEMPORARY RIGHT OF ENTRY AGREEMENT

FOR SOUTHERN CALIFORNIA GAS COMPANY
This Temporary Right of Entry Agreement (" Agreement") is dated as of this _ day of __ 2025 and is made by and between Southern California Gas Company (" SoCalGas"), a California corporation, and the City of Banning, a California Corporation, (" Owner"), the legal owner of the property identified herein.

The property owner is the legal owner of that certain real property located in the City of Banning, County of Riverside, California, more specifically identified as A.P.N. 532-130-012 ( the " Property").

Easement- SoCalGas is the owner of that certain right- of-way recorded as Book No. 873 Page 234 on October 24, 1947, in the County Recorder' s Office of Riverside County, California, which covers a portion of the Property and pursuant to which SoCalGas installed a 30-inch pipeline and appurtenances under a portion of the Property.

Temporary Workspace and Work- SoCalGas request the right to fabricate any and all related above and below- ground pipes, valves, fences, and appurtenances and the right to bring and store temporarily any and all necessary vehicles, materials, and other construction equipment and stockpile on the Temporary Workspace, as defined below ( all of which is hereafter referred to as Work"). As a condition to the Temporary Workspace Owner requested that the FAA notification be completed by SoCalGas. SoCalGas made such notification on March 6, 2025, SoCalGas requests the right to perform the Work within an area of approximately 50,762 square feet as shown on the attached map. This area is referred to hereafter ( individually and collectively) as " Temporary Workspace." See the Exhibit A map attached hereto and incorporated by reference.

Owner' s Consent- Owner grants SoCalGas ( including its subcontractors) permission to enter and use the Temporary Workspace for purposes of performing the Work. Work may be conducted by SoCa/ Gas or by its subcontractors during the hours of 7:00 am to 5:00 pm from Monday through Saturday. If any conflict arises between Work and any other uses of the Property, then SoCalGas and the Owner shall work together diligently and in good faith to resolve any such conflicts.

Payment and Time Period- After SoCalGas has received the Owner' s executed Agreement, and the completed IRS W-9 form and CA Form 590 or CA Form 587, SoCalGas shall pay Owner a total of 9,000. 00 for the Basic Term of the Agreement, which payment shall be sent by SoCalGas' accounting department. SoCalGas ( including its subcontractors) shall have access to and use of the Temporary Workspace for approximately Three months, tentatively arranged to start on or about September 22, 2025, to on or about November 22, 2025 (" Basic Term"). SoCalGas may postpone the start date of the Basic Term, in which case SoCalGas will notify the Owner in advance. In the unlikely event SoCalGas needs extra time on the Temporary Workspace, Owner agrees that SoCalGas may have additional monthly periods for the sum of $ 3,000.00 per month ( or portion thereof), not to exceed six months.

TRE Reviewed by Legal Dept. Andrew Cheung 12/31/2009 Page 1 of 3 86 Restoration- At the completion of the Work, SoCalGas ( including through its subcontractors) will restore the Temporary Workspace to as near to its original condition and appearance as is reasonably possible.

Indemnification- SoCalGas will indemnify the Owner for any liability arising out of SoCalGas' ( or its subcontractor' s) Work or use of the Temporary Workspace, except to the extent such liability is due to the Owner' s negligence or willful misconduct.

Entire Agreement- This Agreement constitutes the entire agreement between the parties relating to the Work and SoCalGas' entry onto the Property. Any prior agreements, promises, negotiations, or representations not expressly set forth herein are of no force and effect.

Authority- Each person executing this Agreement hereby represents and warrants ( i) their authority to do so and ( ii) that such authority has been duly and validly conferred.

Severability- lf any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall remain in full force and effect.

No Waiver- A waiver or a breach of a covenant or provision of this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement and no waiver shall be valid unless in writing and executed by the waiving party.

Governing Law-This Agreement shall be governed and construed in accordance with the laws of the State of California.

Recordation- This Agreement shall not be recorded. However, the Owner agrees that upon any transfer of title involving the Property during the period of the Agreement, the Owner shall give written notice of the Agreement to the new owner or transferee and written notice of the transfer to SoCalGas to the address below.

Counterparts- This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile transmission or by other electronic means shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes.

Electronic Signatures- Each of the parties ( i) has agreed to permit the use of electronic signatures in order to expedite the execution of this Agreement, ( ii) intends to be bound by its respective electronic signatures, ( iii) is aware that the other will rely on such electronically transmitted signature, and ( iv) acknowledges such reliance and waives any defenses to the enforcement of this Agreement based on the fact that a signature was sent by electronic transmission only.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK- SIGNATURES ON NEXT PAGE] TRE Reviewed by Legal Dept. Andrew Cheung 12/31/2009 Page 2 of 3 87 The parties have read this Agreement, understand it, and agree to be bound by its terms as of the date first set forth above.

Southern California Gas Company
Artemis G. Manos
Land and Right of Way Supervisor
For Southern California Gas Company
8101 Rosemead Blvd., SC722K
Pico Rivera, California 90660- 5100
TRE Reviewed by Legal Dept. Andrew Cheung 12/31/2009
City of Banning
Robert Fisher
Acting City Manager

Page 3 of 3 ends

88 LEGEND
rz2I BAKER TANK

WORKSPACE ( OUTSIOE EASEMENT)

WORKSPACE ( INSIOE EASEMENT )

IAYOOWN YARD

ACCESS ROAD

ACCESS ROAD (REQUIRING VEGETATION CLEARANCE)
EASEMENT 16.5'

PARCEL LINE

SECTION LINE / PLSS LIMITS

BY DATE
DESIGNED : R. MATTHEWS 03111 125
DRAWN : S MOLDENHAUER 03/ 11 125
MsoCalGas. CHECKED : R. MATTHEWS 03/11 125
APPROVED : B. SANDOVAL 03/ 11 125
CLASS : DIST: SCALE : 1"• 150'
150 75 0 150
140 '±

CITY OF

BANNING

ACCESS ROAD
APN
532- 130- 012 38, 689
ACCESS ROAD ( REQUIRING VEGETATION CLEARANCE) 532- 130- 012 6,397 03111 125
DATE

BAKER TANK

LAYDOWN YARD

WORKSPACE ( INSIDE EASEMENT)

WORKSPACE ( OUTSIDE EASEMENT)

SJM JRM BLS ISSUED FOR INFORMATION

BY CHK APV
APN : 532-130-012
OWNER : CITY OF BANNING
L2000 CLC MP 139 .36-139.44 REPLACEMENT
532- 130- 012 500
532- 130- 012 18, 431
532- 130- 012 8, 498
532- 130- 012 25, 934

DESCRIPTION

DRAWING NUMBER
8788- EX- 203

EXHIBIT A

0.888

0.147

0.011

0.423

0.195

0.595
REV
A
89 RESOLUTION 2023-175

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ALBERT A. WEBB ASSOCIATES, INC. FOR AN ADDITIONAL AMOUNT OF $ 496,079 FOR THE CONTINUED DESIGN OF THE SUN LAKES

BOULEVARD EXTENSION
WHEREAS, on February 18, 2020, the Public Works Department released a Request for Proposals for the design of the Sun Lakes Boulevard Extension ( also known as the Westward Avenue Extension) and on March 10, 2020, two proposals were received from Albert A. Webb Associates, Inc. and Engineering Resources of Southern California (ERSC) in the amount of $548,416.05 and $ 849,674.30 respectively; and 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 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, a change order ( change order 1) to the Professional Services Agreement with WEBB was approved for out-of-scope work including coordination with Western Riverside County Regional Conservation Authority RCA) in the amount of $24,983.25; and
WHEREAS, on March 21, 2022, a change order ( change order 2) to the Professional Services Agreement with WEBB was approved for out-of-scope work including a sediment transport analysis in the amount of $5,974.88; and WHEREAS, on October 11, 2022, City Council adopted Resolution 2022-139 to rescind Resolution 2022-106 and to amend the Professional Services Agreement with WEBB (" Amendment No. 1 ") to include additional compensation in the amount of 148,222 ( change order 3) and extend the term of the agreement to June 30, 2024.

Amendment No. 1 was for out-of-scope work such as storm drain system design, environmental coordination with RCA, supplemental environmental documentation and jurisdictional delineation and permitting. Amendment No. 1 increased the contract amount to $751,947.66; and
WHEREAS, Kinder Morgan operates two (2) pipelines in the City of Banning which are located in easements dedicated to Kinder Morgan from 1955 and 1957 in Westward Avenue north of the proposed road centerline between Highland Home Road and Sunset Avenue within the proposed alignment of the Sun Lakes Boulevard Extension project; and
Resolution 2023- 175

Page 1 of 5 ends

90 WHEREAS, the City understands that the roadway alignment must clear the Kinder Morgan easements as quickly as practicable and this late direction from Kinder Morgan requires portions of the roadway to be redesigned; and WHEREAS, as project revisions have become necessary, City Staff has been in communication with WRCOG staff to ensure that further design efforts are consistent with the Reimbursement Agreement between the City and WRCOG; and WHEREAS, Amendment 2 will amend the Professional Services Agreement by adding an additional $496,079 to cover Change Order No.4; and WHEREAS, an appropriation from the Measure A Fund in the amount of $496,079 to Account No. 101-4900-431.93-16 is necessary to cover the change orders; and WHEREAS, the project is funded by the TUMF program up to $ 1,000,000, therefore the additional expenditures related to Amendment No. 2 will be partially reimbursed by the TUMF program, which has a current balance of $307,164.39; and WHEREAS, the City intends to request additional TUMF funding in the amount of 350,000 including contingency.

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

SECTION 1. The City Council approves Amendment No. 2 to the Professional Services Agreement with Albert A Webb Associates, Inc. for an additional $496,079 for the Design of Sun Lakes Boulevard Extension.

SECTION 2. City Council authorizes the City Manager or designee to make necessary budget adjustments, appropriations and transfers related to Amendment No. 2 to the Professional Services Agreement with Albert A Webb Associates, Inc. for the Design of Sun Lakes Boulevard Extension.

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

PASSED, APPROVED AND ADOPTED this 24th day of October 20~3.

Resolution 2023- 175

Page 2 of 5 ends

Alberto
City of B
91 ATTEST:

Caroline Patton , Depu
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:

Serita R. Young, City Attorney
Richards, Watson & Gershon
Resolution 2023-175

Page 3 of 5 ends

92 CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Banning , California, do hereby certify that the foregoing Resolution 2023-175 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 24th day of October 2023 by the following vote , to wit:

AYES: Flynn , Gonzales , Minjares, Sanchez, and Wallace.

NOES :

ABSENT:

ABSTAIN:

Resolution 2023- 175

Page 4 of 5 ends

Caroline Patton , Dep City Clerk
City of Banning, California
93 Exhibit A
Draft Agreement with Albert A. Webb Associates Inc.

Resolution 2023- 175

Page 5 of 5 ends

94 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.

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 ofthe 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 95 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 Exhibits A and D 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 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 Amendments Nos. I 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. 1through 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. 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.

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 96 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]
97 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
Douglas Schulze,
City Manager
ATTEST:

Caroline Patton
Deputy City Clerk
APPROVED AS TO FORM:

Richards, Watson & Gershon
Serita R. Young
City Attorney
Date
Date
Date

CONSULTANT
Dilesh Sheth
Vice President
NAME:
95- 1723730
Tax ID No.

Address:
3788 McCray Street
Riverside, CA 92506
Date
Date
City Council Approval: _____ _
98 RESOLUTION 2023-174

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

AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR THE FUNDING

OF MEASURE A REGIONAL ARTERIAL IMPROVEMENTS WITH THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION FOR $ 13,500,000 IN MEASURE A

FUNDING FOR THE CONSTRUCTION OF THE SUN LAKES BOULEVARD

EXTENSION PROJECT
WHEREAS, Sun Lakes Boulevard exists on the City's Circulation Element as an arterial highway; and
WHEREAS, on April 14, 2020 City Council adopted Resolution 2020-48 authorizing design services for the Sun Lakes Boulevard Extension Project (also known as the Westward Avenue Extension Project) ("Project"); and WHEREAS, the Project is eligible for grant funding for construction under the Riverside County Transportation Commission Measure A Regional Arterial program; and WHEREAS, the Riverside County Transportation Commission selected the Project through a competitive grant program for $13,500,000 of Measure A money collected and administered by the Riverside County Transportation Commission.

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

SECTION 1. The City Council approves the grant agreement, attached hereto as Exhibit A", between the Riverside County Transportation Commission and the City of Banning for $13,500,000 in construction funding for the Sun Lakes Boulevard extension project.

SECTION 2. The City Council authorizes the Mayor to sign the grant agreement for the funding of Measure A Regional Arterial Improvements.

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

PASSED, APPROVED AND ADOPTED this 24th day of October 2023.

Resolution 2023-174

Page 1 of 4 ends

Alberto S ch z, Mayor
City of B nning
99 ATTEST:

Caroline Patton , De
City of Banning

APPROVED AS TO FORM AND
LEGAL CONTENT:
lg--
Serita R. Young, City Attorney
Richards , Watson & Gershon
Resolution 2023-174

Page 2 of 4 ends

100
CERTIFICATION:

I, Caroline Patton , Deputy City Clerk of the City of Bann ing , Cal iforn ia , do hereby certify that the foregoing Resolution 2023-174 , was duly adopted by the City Council of the City of Banning , California , at a regular meeting thereof held on the 24th day of October 2023 by the following vote , to wit:

AYES : Flynn , Gonzales , Minjares , Sanchez , and Wallace .

NOES:

ABSENT:

ABSTAIN:

Resolution 2023-174

Page 3 of 4 ends

Caroline Patton , Dep City Clerk
City of Banning , Califo mia
101
Resolution 2023- 174

Page 4 of 4 ends

EXHIBIT A
Grant Agreement
102
Agreement No. 23-72-091- 00

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF BANNING
l. Parties and Date.

1.1 This Agreement is executed and entered into this_ day of __ ~ 2023, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (" RCTC") and CITY OF BANNING (" City"). RCTC and City are sometimes collectively referred to herein as the Parties".

2. Recitals.

2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053 .5.

2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one- half percent ( 112%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan ( the " Plan").

2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees ( TUMF) revenues.

2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.

2.5 RCTC intends, by this Agreement, to distribute Measure A Regional Arterial MARA") Funds, subject to the conditions provided herein, and to participate in the joint development of the Project, as defined herein.

3. Terms.
3 .1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the Sun Lakes Extension Project, (" the Work"). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit " A" attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:
1) CONS - Construction
The Work phase( s) funded pursuant to this Agreement shall be consistent with the City' s Call for Projects Nomination Form submitted to RCTC (" the Project"). The Project is more fully described 17336.02600\32593628. I
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in Exhibit " B" attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval of RCTC.

3.2 RCTC Funding Amount. RCTC hereby agrees to distribute to the City, on the terms and conditions set forth herein, a sum not to exceed Thirteen Million, Five Hundred Thousand Dollars ($ 13,500, 000), to be used exclusively for reimbursing the City for eligible Work expenses as described herein (" Funding Amount"). The City acknowledges and agrees that the Funding Amount may be less than the actual cost of the Work, and that RCTC shall not contribute MARA Funds in excess of the maximum authorized in this section.

3.2.1 Eligible Work Costs. The total Work costs (" Total Work Cost") may include the following items, provided that such items are included in the scope of work attached as Exhibit A": ( 1) City and/ or consultant costs associated with direct Work coordination and support; ( 2) construction costs, including change orders to construction contract approved by the City; and ( 3) construction management, field inspection and material testing costs.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: ( 1) City administrative costs; 2) City costs attributed to the preparation of invoices, billings and payments; ( 3) any City fees attributed to the processing of the Work; and ( 4) expenses for items ofwork not included within the scope of work in Exhibit " A".

3.2.4 Cost Savings. In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit " A" for the Work.

The City shall inform RCTC of any cost savings and the Parties shall amend this Agreement to reflect the revised Funding Amount. RCTC' s Executive Director and the City Manager shall be authorized to execute any such amendment.
3 .2.5 No Funding for Temporary Improvements. Only segments or components of the Work that are intended to form part of or be integrated into the Work may be funded by MARA Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, or drainage facilities, shall be funded with MARA Funds except as needed for staged construction of the Work.
3 .3 City' s Funding Obligation to Complete the Work. In the event that the MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit " A".

3.3.1 City' s Obligation to Repay MARA Funds to RCTC. In the event that: ( i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not 17336.02600\32593628. I 2
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timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/ or initiate legal action to compel repayment, ifthe City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.

3.3.2 City' s Local Match Contribution. The City shall provide at least Thirteen Million, Five Hundred Thirty- Six Thousand Dollars ($ 13,536, 000) of funding toward the Work, as shown in Exhibit " A" and as called out in the City' s Project Nomination Form submitted to RCTC in response to its Call for Projects.

3.4 Work Responsibilities of the City. The City shall be- responsible for the following aspects ofthe Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit " A": ( i) all aspects of bidding, awarding, and administration of the contracts for the Work; ( ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and ( iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds.

3.5 Term/ Notice of Completion. The term ofthis Agreement shall be from the date first herein above written until: ( i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; ( ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, " including full repayment of MARA Funds to RCTC as provided herein". All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.6 Representatives of the Parties. RCTC' s Executive Director, or his or her designee, shall serve as RCTC' s representative and shall have the authority to act on behalf of RCTC for all purposes under this Agreement. The City hereby designates Doug Schulze, City Manager, or his or her designee, as the City' s representative to RCTC. The City' s representative shall have the authority to act on behalf of the City for all purposes under this Agreement and shall coordinate all activities of the Work under the City' s responsibility. The City shall work closely and cooperate fully with RCTC' s representative and any other agencies which may have jurisdiction over or an interest in the Work.

3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution ofthe Agreement, or from being reimbursed by RCTC for such expenditures.

However, the City understands and acknowledges that any expenditure offunds on the Work prior to the execution of the Agreement is made at the City' s sole risk, and that some expenditures by the City may not be eligible for reimbursement under this Agreement. l 7336. 02600\ 32593628. l 3
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3.8 Review of Services. The City shall allow RCTC' s Representative to inspect or review the progress of the Work at any reasonable time in order to determine whether the terms of this Agreement are being met.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, for convenience by giving thirty ( 30) days' written notice to the other party of such termination and specifying the effective date thereof.

3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review ofthe invoices and requesting additional info1mation. This Agreement shall terminate upon receipt by the non- terminating party of the amounts due it under this Section 3.9.1.2.

3.9.2 Termination for Cause.

3.9.2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.

During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

3.9.2.2 Effect ofTermination for Cause. In the event that the City terminates this Agreement in response to RCTC' s uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time ofthe notice oftermination.

In the event that RCTC terminates this Agreement in response to the City' s uncured material breach hereof, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. Notwithstanding termination of this Agreement by RCTC pursuant to this Section 3.9.2.2, RCTC shall be entitled to exercise its rights under Section 3.14.2, including but not limited to conducting a review of the invoices and requesting additional information. This Agreement shall terminate upon receipt by the terminating party of the amounts due it under this Section 3.9.2.2.

3.9.3 Cumulative Remedies. The rights and remedies ofthe Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

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3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et~-, which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et ~-
3 .1 l Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.
3 .12 Indemnification.

3.12.1 City Responsibilities. In addition to the indemnification required under Section 3 .10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act of the City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence ofRCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act ofthe City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.

RCTC' s review, acceptance or funding of any services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or of any cause of action arising out ofthis Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City' s performance of this Agreement or supervision of any services provided to complete the Work.

3.13 Insurance. The City shall require, at a minimum, all persons or entities hired to perform the Work to obtain, and require their subcontractors to obtain, insurance ofthe types and in the amounts described below and satisfactory to the City and RCTC. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Work, whichever occurs last.

3.13.1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than 2,000, 000. 00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
3 .13 .1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the I7336.02600\32593628. l 5
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Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13. l.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/ or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions.

3. 13. 2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $ 1,000, 000. 00 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles.

3.13.3 Professional Liability Insurance. Errors and omissions liability insurance with a limit ofnot less than $ 1,000, 000. 00 Professional liability insurance shall only be required of design or engineering professionals.
3 .13 .4 Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $ 1,000, 000. 00 each accident.

3.14 Procedures for Distribution of MARA Funds to City.

3.14.1 Initial Payment by the City. The City shall be responsible for initial payment of all the Work costs as they are incurred. Following payment of such Work costs, the City shall submit invoices to RCTC requesting reimbursement of eligible Work costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the City, and documents evidencing the City' s payment of the invoices or demands for payment. The City shall submit invoices not more often than monthly and not less often than quarterly. 3 .14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty ( 30) days. In the event that RCTC disputes the eligibility ofthe City for reimbursement ofall or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Ifthe meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC' s decision as to the eligibility of one or more invoices to RCTC' s Executive Director. The City may appeal the decision ofthe Executive Director to the full RCTC Board, the decision of which shall be final. Additional details concerning the procedure for the City' s submittal of invoices to RCTC and RCTC' s consideration and payment of submitted invoices are set forth in Exhibit " C", attached hereto.

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3.15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval ofRCTC' s Representative, which approval will not be unreasonably withheld, provided that extensions oftime for completion of the Work shall be approved in the sole discretion of RCTC' s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act ( Public Resources Code Section 21000 et seq.; " CEQA") and the National Environmental Policy Act of 1969 ( 42 USC 4231 et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work. 3 .16 Conflict of Interest. For the term ofthis Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3 .17 Limited Scope of Duties. RCTC' s and the City' s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.

3.18 Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Work under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least three ( 3) years following termination of this Agreement, and they shall have access to such information during the three- year period for the purposes of examination or audit.

3.19 Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, ancestry, sex or age. Such nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County. 3 .21 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit.

3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3 .23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

3.24 Notification. All notices hereunder and communications regarding interpretation of the terms of the Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CITY OF BANNING
99 East Ramsey Street
Banning, CA 92220
AT1N: City Manager
RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: Executive Director
Any notice so given shall be considered served on the other party three ( 3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.
3 .25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services.

3.26 Contract Amendment. In the event that the Parties determine that the provisions of this Agreement should be altered, the Parties may execute a contract amendment to add any provision to this Agreement, or delete or amend any provision ofthis Agreement. All such contract amendments must be in the form of a written instrument signed by the original signatories to this Agreement, or their successors or designees.

3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.

3.29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees ofRCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction l7336. 02600\ 32593628, I 8
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and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 3 .31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.

3.32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.34 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

Signatures on following page]
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SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY

TRANSPORTATION COMMISSION
By:

Anne Mayer, Executive Director
APPROVED AS TO FORM:

By:

Best, Best & Krieger
Counsel to the Riverside County
Transportation Commission
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CITY OF BANNING
By:

Alberto Sanchez, Mayor
ATTEST:

By:

Caroline Patton, City Clerk
APPROVED AS TO FORM:

By:
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EXHIBIT " A"

SCOPE OF WORK,

FUNDING AND TIMETABLE
SCOPE OF WORK: Construct new 1.02-mile section of Westward Avenue from Sunset Avenue to Highland Home Road. Will include two eastbound and two westbound lanes, comprised of a 12-foot inner lane and a 14- foot outer lane in each direction; a raised 18-foot wide median; 8-foot- wide Class 2 bike lanes in each direction; 8-foot- wide sidewalks; associated road striping, drainage, and street light improvements.

FUNDING:

PHASE MARA Fund LOCAL TOTAL
CONSTRUCTION $ 13,500, 000 $ 13,536, 000 $ 27,036, 000
TOTAL $ 13,500, 000 $ 13,536, 000 $ 27,036, 000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
Construction 3/2025 8/2026 360 Working Davs
Exhibit A
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7336,02600\ 32593628. 1
EXHIBIT " B"

PROJECT LOCATION MAP

RAMSEY ST
1-10

VICINITY MAP
N.1.S
Exhibit B
WESTWARD WAY ~
0 ii:
8 ~ <:>
i
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EXHIBIT " C"

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. RCTC recommends that the City incorporate Exhibit " C- 1" into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the City and ultimately to RCTC for reimbursement of City contractor costs.

2. Each month the City shall submit an invoice for eligible Work costs incurred during the preceding month. The original invoice shall be submitted to RCTC' s Executive Director with a copy to RCTC' s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit " C- 2".

3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits " C-4". All documentation from the City' s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit C-3".

4. Ifthe City is seeking reimbursement for direct expenses incurred by City staff for eligible Work costs, the City shall detail the same level of information for its labor and any expenses in the same level of detail as required of contractors pursuant to Exhibit " C" and its attachments.

5. Charges for each task and milestone listed in Exhibit " A" shall be listed separately in the mvo1ce.

6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:

I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed ____________ _
Title ----------------
Date ----------------
Invoice No. -------------
Exhibit C
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7. RCTC will pay the City within 30 days after receipt by the Commission of an invoice. If RCTC disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

8. The final payment under this Agreement will be made only after: ( i) the City has obtained a Release and Certificate of Final Payment from each contractor or consultant used on the Work; ( ii) the City has executed a Release and Certificate of Final Payment; and ( iii) the City has provided copies of each such Release to RCTC.

Exhibit C
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EXHIBIT " C-1"

ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed (____ INSERT WRITTEN DOLLAR AMOUNT_) ($_ INSERT NUMERICAL DOLLAR AMOUNT_) without written approval ofCity' s City Engineer (" Total Compensation").

1. ELEMENTS OF COMPENSATION.

Compensation for the Work will be comprised of the following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.1 DIRECT SALARY COSTS
Direct Salary Costs are the base salaries and wages actually paid to the Consultant' s personnel directly engaged in performance of the Work under the Agreement. ( The range of hourly rates paid to the Consultant' s personnel appears in Section 2 below.)

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is _______ , and is the sum of the following components:

1.1.2.1 Direct Salary Costs

1.1.2.2 Payroll Additives
The Decimal Ratio of Payroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

Exhibit " C- 1"
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1.2 FIXED FEE.

1.1.2.3 Overhead Costs
The Decimal ratio ofAllowable Overhead Costs to the Consultant Firm' s Total Direct Salary Costs. Allowable Overhead Costs include general, administrative and overhead costs of maintaining and operating established offices, and consistent with established firm policies, and as defined in the Federal Acquisitions Regulations, Part 31.2.

Total Multiplier
sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2.1 A Fixed Fee of _______ shall be paid to Consultant for Consultant' s complete and satisfactory performance of this Agreement and all Services required.

The Fixed Fee shall be paid in monthly installments based upon the percentage ofthe Services completed at the end of each billing period, as determined in the sole discretion of the City. Consultant shall not be entitled to and shall forfeit any portion of the Fixed Fee not earned as provided herein.

1.2.2 A pro- rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs

REIMBURSEMENT RATE
insert charges__]
day
mile
trip
hour
copy
sheet
call
sheet
sheet
Travel by air and travel in excess of I00 miles from the Consultant' s office nearest to City' s office must have City' s prior written approval to be reimbursed under this Agreement.

Exhibit " C~ l"
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2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

2.1 Direct Salary Rates shall be applicable to both straight time and overtime work, unless payment of a premium for overtime work is required by law, regulation or craft agreement, or is otherwise specified in this Agreement. In such event, the premium portion of Direct Salary Costs will not be subject to the Multiplier defined in Paragraph 1.1.2 above.

2.2 Direct Salary Rates shown herein are in effect for one year following the effective date of the Agreement. Thereafter, they may be adjusted annually to reflect the Consultant' s adjustments to individual compensation. The Consultant shall notify City in writing prior to a change in the range of rates included herein, and prior to each subsequent change.

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
sample__]
Principal
Project Manager
Sr. Engineer/ Planner
Project Engineer/ Planner
Assoc. Engineer/ Planner
Technician
Drafter/ CADD Operator
Word Processor
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour

2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant' s cost proposal.

3. INVOICING.

3.1 Each month the Consultant shall submit an invoice for Work performed during the preceding month. The original invoice shall be submitted to City' s City Engineer with two ( 2) copies to City' s Project Coordinator.

3.4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.

3.5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant' s Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed
Title
Date
Invoice No.

4. PAYMENT

4.1 City shall pay the Consultant within four to six weeks after receipt by City of an original invoice. Should City contest any portion of an invoice, that portion shall be held for resolution, without interest, but the uncontested balance shall be paid.

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.

Exhibit " C- 1"
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Date
Ms. Anne Mayer
Executive Director
EXHIBIT " C-2"
Sample Cover Letter to RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
ATTN: Accounts Payable
Re: Project Title - Invoice #_
Enclosed for your review and payment approval is the City of ______ ' s invoice for professional and technical services that was rendered by our contractors in connection with the Agreement No. ____ effective ( Month/ Day/ Year). The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/ Date/ Year to Month/ Date/ Year.

Total Authorized Agreement Amount:

Total Invoiced to Date:

Total Previously Invoiced:

Balance Remaining:

Amount due this Invoice:
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By:

Name
Title
cc:
l 7336. 02600\ 32593628. l
Exhibit " C- 2"
121
EXHIBIT " C-3"
Sample Letter from Contractor to City/County
Month/ Date/ Year
Attn: Accounts Payable Invoice# -----
For [ type of services] rendered by [ contractor name] in connection with [ name of project] This is per agreement No. XX-XX-XXX effective Month/ Date/ Year.

Invoice period covered is from Month/ Date/ Year to Month/ Date/ Year.

Total Base Contract Amount:

Authorized Extra Work ( ifApplicable)
TOTAL AUTHORIZED CONTRACT AMOUNT:

Total Invoice to Date:

Total Previously Billed:

Balance Remaining:

Amount Due this Invoice:
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By:---------
Name
Title
Exhibit " C-3"
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REPORTING PERIOD:

PROGRESS REPORT:

EXIDBIT C-4
Sample Progress Report
Month/ Date/ Year to Month/ Date/ Year
1 A. Activities and Work Completed during Current Work Periods TASK 01 - 100% PS& E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment 1 final PS& E
B. Current/ Potential Problems Encountered & Corrective Action Problems Corrective Action
None None
C. Work Planned Next Period
TASK 01- 100% PS& E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
Exhibit C-4
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Agreement No. 23-72-091- 00

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

WITH THE CITY OF BANNING

1. Parties and Date.

2. Recitals.

2.1 RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053. 5.

2.2 On November 5, 2002 the voters of Riverside County approved Measure A authorizing the collection of a one- half percent ( 1/2%) retail transactions and use tax to fund transportation programs and improvements within the County of Riverside, and adopting the Riverside County Transportation Improvement Plan ( the " Plan").

2.3 The Plan establishes funding for any improved Regional Arterial System to be funded by a mix of measure A and Transportation Uniform Mitigation Fees ( TUMF) revenues.

2.4 Pursuant to Public Utility Code Sections 240000 et seq., RCTC is authorized to allocate the proceeds of the Measure A tax in furtherance of the Plan.

3. Terms.

3.1 Description of Work. This Agreement is intended to distribute MARA Funds to the City for the Sun Lakes Extension Project, (" the Work"). The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit " A" attached hereto and, pursuant to Section 3.15 below, is subject to modification as requested by the City and approved by RCTC. The Work shall be consistent with one or more of the defined RCTC Call for Projects phases detailed herein as follows:
1) CONS - Construction
The Work phase( s) funded pursuant to this Agreement shall be consistent with the City' s Call for Projects Nomination Form submitted to RCTC (" the Project"). The Project is more fully described I7336. 02600\ 32593628. I
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in Exhibit " B" attached hereto. It is understood and agreed that the City shall expend MARA Funds only as set forth in this Agreement and only for the Work. To this end, any use of funds provided pursuant to this Agreement shall be subject to the review and approval ofRCTC.

3.2.2 Ineligible Work Costs. The Total Work Cost shall not include the following items which shall be borne solely by the City without reimbursement: ( 1) City administrative costs; 2) City costs attributed to the preparation of invoices, billings and payments; ( 3) any City fees attributed to the processing ofthe Work; and ( 4) expenses for items ofwork not included within the scope of work in Exhibit " A".

3.2.3 Increases in Work Funding. The Funding Amount may, in RCTC' s sole discretion, be augmented with additional MARA Funds. Any such increase in the Funding Amount must be approved in writing by RCTC' s Executive Director. No such increased funding shall be expended to pay for any Work already completed. For purposes ofthis Agreement, the Work or any portion thereof shall be deemed complete upon its acceptance by RCTC' s Executive Director. 3 .2.4 Cost Savings. In the event that bids for the Work are lower than anticipated, or there are cost savings for any other reason, the Funding Amount shall be reduced as follows: cost savings shall be applied proportionately to each funding source listed in Exhibit " A" for the Work.

3.3 City' s Funding Obligation to Complete the Work. In the eventthatthe MARA Funds allocated to the Work represent less than the total cost of the Work, the City shall provide such additional funds as may be required to complete the Work as described in Exhibit " A".

3.3.1 City' s Obligation to Repay MARA Funds to RCTC. In the event that: ( i) the City, for any reason, determines not to proceed with or complete the Work; or (ii) the Work is not 17336.02600\32593628. I 2
125
timely completed, subject to any extension of time granted by RCTC pursuant to Section 3.15; the City agrees that any MARA Funds that were distributed to the City for the Work shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues. The City acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due the City, in an amount not to exceed the total of the funds distributed to the City, and/ or initiate legal action to compel repayment, ifthe City fails to repay RCTC within a reasonable time period not to exceed 180 days from receipt of written notification from RCTC that repayment is required.

3.4 Work Responsibilities of the City. The City shall be responsible for the following aspects ofthe Work, in compliance with state and federal law provided that such items are included in the Project scope of work attached as Exhibit " A": ( i) all aspects of bidding, awarding, and administration of the contracts for the Work; ( ii) all construction management of any construction activities undertaken in connection with the Work, including survey and material testing; and ( iii) development of a budget for the Work prior to award of any contract for the Work, taking into consideration available funding, including MARA Funds.

3.5 Term/ Notice of Completion. The term ofthis Agreement shall be from the date first herein above written until: ( i) the date RCTC formally accepts the Work as complete, pursuant to Section 3.2.3; (ii) termination of this Agreement pursuant to Section 3.9; or (iii) the City has fully satisfied its obligations under this Agreement, " including full repayment ofMARA Funds to RCTC as provided herein". All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

3.7 Expenditure of Funds by City Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the City from expending funds on the Work prior to the execution of the Agreement, or from being reimbursed by RCTC for such expenditures.

3.9 Termination. This Agreement may be terminated for cause or convenience as further specified below.

3.9.1 Termination for Convenience.

3.9.1.2 Effect of Termination for Convenience. In the event that the City terminates this Agreement for convenience, the City shall, within 180 days, repay to RCTC in full all MARA Funds provided to the City under this Agreement. In the event that RCTC terminates this Agreement for convenience, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time of the notice oftermination; provided, however, that RCTC shall be entitled to exercise its rights under Section 3 .14.2, including but not limited to conducting a review ofthe invoices and requesting additional information. This Agreement shall terminate upon receipt by the non- terminating party of the amounts due it under this Section 3. 9 .1.2.

3.9.2 Termination for Cause.
3 .9 .2.1 Notice. Either RCTC or the City may, by written notice to the other party, terminate this Agreement, in whole or in part, in response to a material breach hereof by the other party, by giving written notice to the other party of such termination and specifying the effective date thereof. The written notice shall provide a 30 day period to cure any alleged breach.

During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.

3.9.2.2 Effect ofTermination for Cause. In the eventthatthe City terminates this Agreement in response to RCTC' s uncured material breach hereof, RCTC shall, within 90 days, distribute to the City MARA Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the City regarding the Work at the time ofthe notice oftermination.

3.9.3 Cumulative Remedies. The rights and remedies ofthe Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement. l7336.02600\32593628. l 4
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3.10 Prevailing Wages. The City and any other person or entity hired to perform services on the Work are alerted to the requirements of California Labor Code Sections 1770 et seg .. which would require the payment of prevailing wages were the services or any portion thereof determined to be a public work, as defined therein. The City shall ensure compliance with these prevailing wage requirements by any person or entity hired to perform the Work. The City shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation attorneys, fees, arising from its failure or alleged failure to comply with California Labor Code Sections 1770 et seg.

3.11 Progress Reports. RCTC may request the City to provide RCTC with progress reports concerning the status of the Work.

3.12 Indemnification.

3.12.1 City Responsibilities. In addition to the indemnification required under Section 3.10, the City agrees to indemnify and hold harmless RCTC, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to any act ofthe City or its subcontractors whatsoever, regardless of fault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence ofRCTC. The City will reimburse RCTC for any expenditures, including reasonable attorneys' fees, incurred by RCTC, in defending against claims ultimately determined to be due to any act ofthe City or its subcontractors whatsoever, regardless offault, including negligent acts, errors or omissions or willful misconduct, except that caused by the sole negligence of RCTC.

3.12.2 Effect of Acceptance. The City shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Work.

RCTC' s review, acceptance or funding ofany services performed by the City or any other person or entity under this agreement shall not be construed to operate as a waiver of any rights RCTC may hold under this Agreement or ofany cause ofaction arising out ofthis Agreement. Further, the City shall be and remain liable to RCTC, in accordance with applicable law, for all damages to RCTC caused by the City' s performance of this Agreement or supervision of any services provided to complete the Work.

3. 13 .1 Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than 2,000, 000. 00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Work or be no less than two times the occurrence limit. Such insurance shall:
3 .13 .1.1 Name RCTC and City, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the I7336. 02600\ 32593628. I 5
128
Work and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;

3.13.1.2 Be primary with respect to any insurance or self insurance programs covering RCTC and City, and/ or their respective officials, officers, employees, agents, and consultants; and

3.13.1.3 Contain standard separation of insured provisions. 3 .13.2 Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $ 1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles. 3 .13 .3 Professional Liability Insurance. Errors and omissions liability insurance with a limit ofnot less than $1,000, 000. 00 Professional liability insurance shall only be required ofdesign or engineering professionals.

3.13.4 Workers' Compensation Insurance. Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $ 1,000, 000.00 each accident.

3.14 Procedures for Distribution of MARA Funds to City.

3.14.2 Review and Reimbursement by RCTC. Upon receipt of an invoice from the City, RCTC may request additional documentation or explanation of the Work costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the City within thirty (30) days. In the event that RCTC disputes the eligibility ofthe City for reimbursement ofall or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Ifthe meet and confer process is unsuccessful in resolving the dispute, the City may appeal RCTC' s decision as to the eligibility of one or more invoices to RCTC' s Executive Director. The City may appeal the decision ofthe Executive Director to the full RCTC Board, the decision ofwhich shall be final. Additional details concerning the procedure for the City' s submittal ofinvoices to RCTC and RCTC' s consideration and payment of submitted invoices are set forth in Exhibit " C", attached hereto.

3.14.3 Funding Amount/ Adjustment. If a post Work audit or review indicates that RCTC has provided reimbursement to the City in an amount in excess of the maximum MARA Funds provided for in section 3.2 ofthis Agreement, or has provided reimbursement of ineligible Work costs, the City shall reimburse RCTC for the excess or ineligible payments within 30 days of notification by RCTC.
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3 .15 Work Amendments. Changes to the characteristics of the Work, including the deadline for Work completion, and any responsibilities of the City or RCTC may be requested in writing by the City and are subject to the approval ofRCTC' s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Work shall be approved in the sole discretion of RCTC' s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Work without full compliance with the California Environmental Quality Act ( Public Resources Code Section 21000 et seq.; " CEQA") and the National Environmental Policy Act of 1969 ( 42 USC 423 l et seq.), but the necessity of compliance with CEQA and NEPA shall not justify, excuse, or permit a delay in completion of the Work. 3 .16 Conflict of Interest. For the term of this Agreement, no member, officer or employee of the City or RCTC, during the term of his or her service with the City or RCTC, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.17 Limited Scope of Duties. RCTC' s and the City' s duties and obligations under this Agreement are limited to those described herein. RCTC has no obligation with respect to the safety of any Work performed at a job site. In addition, RCTC shall not be liable for any action of City or its contractors relating to the condemnation of property undertaken by City or construction related to the Work.

3.20 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Venue shall be in Riverside County.

3.21 Attorneys' Fees. Ifeither party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit.

3.22 Time of Essence. Time is of the essence for each and every provision of this Agreement.
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3.23 Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

CITY OF BANNING
99 East Ramsey Street
Banning, CA 92220
ATTN: City Manager
RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Mailing address: P.O. Box 12008
Riverside, CA 92501
ATTN: Executive Director
Any notice so given shall be considered served on the other party three ( 3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

3.25 Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties' understanding concerning the performance of the Services.

3.27 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof and supersedes any previous agreements or understandings.

3.28 No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.
3 .29 Validity of Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

3.30 Independent Contractors. Any person or entities retained by the City or any contractor shall be retained on an independent contractor basis and shall not be employees ofRCTC.

Any personnel performing services on the Work shall at all times be under the exclusive direction l7336.02600\32593628. l 8
131
and control of the City or contractor, whichever is applicable. The City or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Work and as required by law. The City or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 3 .31 Survival. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this Agreement shall survive any such expiration or termination.
3 .32 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.33 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.34 Electronically Transmitted Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means ofelectronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes.

Signatures on following page]
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SIGNATURE PAGE
TO

AGREEMENT FOR THE FUNDING OF

MEASURE A REGIONAL ARTERIAL IMPROVEMENTS

RIVERSIDE COUNTY

TRANSPORTATION COMMISSION
By:

Anne Mayer, Executive Director
APPROVED AS TO FORM:

By:

Best , Best & Krieger
Counsel to the Riverside County
Transportation Commission
17336 .02600\32593628.1

CITY OF BANNING
By:

Alberto ~ he ez , Mayor
I
ATTEST:

By:

APPROVED AS TO FORM:

By:
133
EXHIBIT " A"

SCOPE OF WORK,

FUNDING AND TIMETABLE
SCOPE OF WORK: Construct new 1.02- mile section of Westward Avenue from Sunset Avenue to Highland Home Road. Will include two eastbound and two westbound lanes, comprised of a 12- foot inner lane and a 14- foot outer lane in each direction; a raised 18- foot wide median; 8-foot- wide Class 2 bike lanes in each direction; 8-foot- wide sidewalks; associated road striping, drainage, and street light improvements.

FUNDING:

PHASE MARA Fund LOCAL TOTAL
CONSTRUCTION $ 13, 500, 000 $ 13, 536, 000 $ 27, 036, 000 TOTAL $ 13, 500, 000 $ 13, 536, 000 $ 27, 036, 000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase.

PHASE START DATE END DATE COMMENTS
Construction 3/2025 8/2026 360 Working Days
Exhibit A
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7336.02600\32593628.1
EXHIBIT " B"

PROJECT LOCATION MAP
RAMSEY Sl
HO
1ST ST

VICINITY MAP
N.l.S
Exhibit 8
WESTWARD WAY ~
lf-;::.._.--------1 <
0 2
8 Cc::
0 C
u,
135
EXHIBIT " C"

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

3. Each invoice shall include documentation from each contractor used by the City for the Work, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or consultant for the month and for the entire Work to date. A sample progress report is attached as Exhibits " C- 4". All documentation from the City' s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit C- 3".

5. Charges for each task and milestone listed in Exhibit " A" shall be listed separately in the mvo1ce.

6. Each invoice shall include a certification signed by the City Representative or his or her designee which reads as follows:

I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the consultants or contractors listed.

Signed _____________ _
Title ---------------
Date ---------------
Invoice No. -------------
Exhibit C
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Exhibit C
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EXHIBIT " C-1"

ELEMENTS OF COMPENSATION
For the satisfactory performance and completion of the Work under this Agreement, City will pay the Consultant compensation as set forth herein. The total compensation for this service shall not exceed L_INSERT WRITTEN DOLLAR AMOUNT _ J ($_INSERT NUMERICAL DOLLAR AMOUNT _ J without written approval ofCity' s City Engineer (" Total Compensation").

1. ELEMENTS OF COMPENSATION.

Compensation for the Work will be comprised ofthe following elements: 1.1 Direct Labor Costs; 1.2 Fixed Fee; and 1.3 Additional Direct Costs.

1.1 DIRECT LABOR COSTS.

Direct Labor costs shall be paid in an amount equal to the product of the Direct Salary Costs and the Multiplier which are defined as follows:

1.1.2 MULTIPLIER
The Multiplier to be applied to the Direct Salary Costs to determine the Direct Labor Costs is ________ , and is the sum of the following components:

1.1.2.1 Direct Salary Costs

1.1.2.2 Payroll Additives
The Decimal Ratio ofPayroll Additives to Direct Salary Costs. Payroll Additives include all employee benefits, allowances for vacation, sick leave, and holidays, and company portion of employee insurance and social and retirement benefits, all federal and state payroll taxes, premiums for insurance which are measured by payroll costs, and other contributions and benefits imposed by applicable laws and regulations.

Exhibit " C-1"
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138

1.2 FIXED FEE.

Total Multiplier
sum of 1.1.2.1, 1.1.2.2, and 1.1.2.3)

1.2.1 A Fixed Fee of _______ shall be paid to Consultant for Consultant' s complete and satisfactory performance of this Agreement and all Services required.

1.2.2 A pro- rata share of the Fixed Fee shall be applied to the total Direct Labor Costs expended for services each month, and shall be included on each monthly invoice.

1.3 ADDITIONAL DIRECT COSTS.

Additional Direct Costs directly identifiable to the performance of the services of this Agreement shall be reimbursed at the rates below, or at actual invoiced cost.

Rates for identified Additional Direct Costs are as follows:

ITEM
Per Diem
Car mileage
Travel
Computer Charges
Photocopies
Blueline
LD Telephone
Fax
Photographs

REIMBURSEMENT RATE
insert charges__]
day
mile
trip
hour
copy
sheet
call
sheet
sheet
Travel by air and travel in excess of 100 miles from the Consultant' s office nearest to City' s office must have City' s prior written approval to be reimbursed under this Agreement.

Exhibit " C- 1"
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139

2. DIRECT SALARY RATES
Direct Salary Rates, which are the range of hourly rates to be used in determining Direct Salary Costs in Section 1.1.1 above, are given below and are subject to the following:

POSITION OR CLASSIFICATION RANGE OF HOURLY RATES
sample_/
Principal
Project Manager
Sr. Engineer/ Planner
Project Engineer/ Planner
Assoc. Engineer/ Planner
Technician
Drafter/ CADD Operator
Word Processor
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/hour
00 -$ . 00/ hour
00 -$ . 00/ hour
00 -$ . 00/ hour

2.3 The above rates are for the Consultant only. All rates for subconsultants to the Consultant will be in accordance with the Consultant' s cost proposal.

3. INVOICING.

3.2 Charges shall be billed in accordance with the terms and rates included herein, unless otherwise agreed in writing by City' s Representative.
3 .3 Base Work and Extra Work shall be charged separately, and the charges for each task and Milestone listed in the Scope of Work, shall be listed separately. The charges for Exhibit " C- I"
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each individual assigned by the Consultant under this Agreement shall be listed separately on an attachment to the invoice.
3 .4 A charge of $500 or more for any one item of Additional Direct Costs shall be accompanied by substantiating documentation satisfactory to City such as invoices, telephone logs, etc.
3 .5 Each copy of each invoice shall be accompanied by a Monthly Progress Report and spreadsheets showing hours expended by task for each month and total project to date.

3.6 Each invoice shall indicate payments to DBE subconsultants or supplies by dollar amount and as a percentage of the total invoice.

3.7 Each invoice shall include a certification signed by the Consultant' s Representative or an officer of the firm which reads as follows:

I hereby certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed.

Signed
Title
Date
Invoice No.

4. PAYMENT

The final payment for Work under this Agreement will be made only after the Consultant has executed a Release and Certificate of Final Payment.

Exhibit " C- 1"
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Date
Ms. Anne Mayer
Executive Director
EXHIBIT " C-2"
Sample Cover Letter to RCTC
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 9250 I
ATTN: Accounts Payable
Re: Project Title - Invoice #_
Enclosed for your review and payment approval is the City of ______ ' s invoice for professional and technical services that was rendered by our contractors in connection with the Agreement No. ____ effective ( Month/ Day/ Year). The required support documentation received from each contractor is included as backup to the invoice.

Invoice period covered is from Month/ Date/ Year to Month/ Date/ Year.

Total Authorized Agreement Amount:

Total Invoiced to Date:

Total Previously Invoiced:

Balance Remaining:

Amount due this Invoice:
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000, 000. 00
0,000,000.00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the contractors listed.

By:

Name
Title
cc:
17336.02600\32593628. l
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142
EXHIBIT " C-3"
Sample Letter from Contractor to City/County
Month/ Date/ Year
Attn: Accounts Payable Invoice# -----
For [ type of services] rendered by [ contractor name] in connection with [ name of project] This is per agreement No. XX-XX-XXX effective Month/ Date/ Year.

Invoice period covered is from Month/ Date/ Year to Month/ Date/ Year.

Total Base Contract Amount:

Authorized Extra Work ( ifApplicable)
TOTAL AUTHORIZED CONTRACT AMOUNT:

Total Invoice to Date:

Total Previously Billed:

Balance Remaining:

Amount Due this Invoice:
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
000, 000. 00
I certify that the hours and salary rates charged in this invoice are the actual hours and rates worked and paid to the employees listed,
By: ______ _
Name
Title
I7336. 02600\ 32593628. I
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143
REPORTING PERIOD:

PROGRESS REPORT:

EXHIBIT C-4
Sample Progress Report
Month/ Date/ Year to Month/ Date/ Year
1 A. Activities and Work Completed during Current Work Periods TASK 01 - 100% PS& E SUBMITTAL

1. Responded to Segment 1 comments from Department of Transportation

2. Completed and submitted Segment I final PS& E
B. Current/ Potential Problems Encountered & Corrective Action Problems
None
C. Work Planned Next Period
Corrective Action
None
TASK 01- 100% PS& E SUBMITTAL

1. Completing and to submit Traffic Signal and Electrical Design plans

2. Responding to review comments
Exhibit C-4
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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

Page 1 of 3 ends

145
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

Page 2 of 3 ends

City of Banning
146
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

Page 3 of 3 ends

Caroline Patton, De City Clerk
City of Banning , Californ ia
147
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
148
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
2 149
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
150
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
151
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
152
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
153
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 158
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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 161
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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 163
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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 165
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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 166
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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 167
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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 169
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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
174
Exhibit “A”-1
11303-0008\2431284v2.doc
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.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 175
Exhibit “A”-2
11303-0008\2431284v2.doc
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 176
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.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 177
Exhibit “A”-4
11303-0008\2431284v2.doc

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.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 178
Exhibit “A”-5
11303-0008\2431284v2.doc
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
DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 179
Exhibit “A”-6
11303-0008\2431284v2.doc
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.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 180
Exhibit “B”-1
11303-0008\2431284v2.doc
EXHIBIT “B”

SPECIAL REQUIREMENTS

TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS

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

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

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

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

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

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

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

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 181
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
182
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.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 183
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.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 184
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.

DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 185
Exhibit “D-1”- 1
11303-0008\2431284v2.doc
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
DocuSign Envelope ID: 4DAF5136-2889-41EC-86A1-358FD12631F3 186
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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Banning City CouncilJune 9, 2026

Banning City Council
June 9, 2026