Banning City Council
August 27, 2024

RESOLUTION 2024-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE ACCEPTANCE OF THE 2023 EMERGENCY MANAGEMENT

PERFORMANCE GRANT (EMPG) PROGRAM AWARD
WHEREAS, the City of Banning Police has entered into an Interlocal Agreement with the Riverside County Emergency Department (“Agreement”); and WHEREAS, pursuant to the Agreement, the Banning Police Department is being awarded an Emergency Management Performance Grant (EMPG) award in the amount of $10,097; and WHEREAS, the City of Banning will match the awarded EMPG funds dollar-for-dollar using account 001-1300-412.41-29; and
WHEREAS, grant funds may be used towards the purchase of an Unmanned Aircraft System (UAS) or “drone” for the Banning Police Department, with approval from the Riverside County Emergency Management Department.

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

SECTION 1. The City Council approves the distribution with the Riverside County Emergency Management Department for the 2023 Emergency Management Performance Grant for a oneyear term in an amount of $10,097, with a total not-to-exceed amount of $10,097 over one (1) year.

SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the 2023 Emergency Management Performance Grant and to execute the 2023 Emergency Management Performance Grant with the Riverside County Emergency Management Department on behalf of the City Council.

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

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

PASSED, APPROVED AND ADOPTED this 27th day of August 2024.

Alberto Sanchez, Mayor
City of Banning
318
Resolution 2024-128

ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
319
Resolution 2024-128

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-128, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of August 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
320
450 E. ALESSANDRO BLVD
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 Bruce Barton, Director
Emergency Management Department
April 9, 2024
City of Banning
Derek Thesier, Lieutenant/Acting Chief
RE: FY23 Emergency Management Performance Grant Program (EMPG) Award - $10,097 Grant # 2023-0006 CFDA#: 97.042
The California Office of Emergency Services (CalOES) has approved Riverside County’s FY23 Emergency Management Performance Grant Program (EMPG) application and has authorized the commencement of reimbursement requests. The performance period of this grant is July 1, 2023 (for personnel only), April 9, 2024 – December 31, 2024. Final reimbursement requests are due within twenty (20) calendar days after the end of the grant period of performance.

This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), Preparedness Grants Manual, California Supplement to the NOFO, Riverside County Supplement to the NOFO, Grant Assurances, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the period of performance. EMPG requires a dollar-for-dollar match.

The Riverside County Operational Area (OA) may reduce, suspend, or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required performance reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding.
• False certification in the application or document.
• Failure to adequately manage, monitor, or direct the grant funding activities of the organization.

Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation review. Any changes to the Financial Management Forms Workbook requires approval from the OA prior to conducting activities and incurring costs.

Your organization’s Financial Management Forms Workbook is being provided to you via email along with a copy of this letter. The Facesheet, Governing Body Resolution, Grants Management Assessments form, Standard Assurances, EHP Screening Form (if applicable) must be read, signed, and dated by your authorized agent in blue ink and returned to [email protected] by July 9, 2024. Requests will not be processed without the acceptance documents on file.
321
450 E. ALESSANDRO BLVD
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 This subaward is subject to all provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the OA within 30 days upon receipt of an invoice from the County of Riverside Emergency Management Department.

For further assistance, please contact [email protected]. We look forward to working with you and appreciate your cooperation and support.

Sincerely,
Louis Le
Senior Administrative Services Analyst
County of Riverside Emergency Management Department
322
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) FIPS # VS# Subaward # 2023-0006
1a. UEI:
2a. UEI:
92220-4839
(City) (Zip+4)
92220-4839
(Zip+4)
July 1, 2023 ############
(Start Date) (End Date)
%
Item
Number
Grant
Year
Fund
Source A. State B. Federal C. Total D. Cash Match E. In-Kind Match F. Total Match G. Total Cost

8. 2023 EMPG $10,097 $10,097 $10,097

9. 10.

11. 12.

Total Project Cost $10,097 $10,097 $10,097
Name: Title:

City: Zip Code+4: 92220-4839
Signature: Date:
(Date) (Date)
The California Governor's Office of Emergency Services (Cal OES) hereby makes a Grant Subaward of funds to the following:
(Cal OES Use Only)
Cal OES #

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

GRANT SUBAWARD FACE SHEET

1. Subrecipient: City of Banning Police Department T9ZPMCBNFZC8

2. Implementing Agency: City of Banning Police Department T9ZPMCBNFZC8

3. Implementing Agency Address: 125 E. Ramsey Street Banning (Street)

4. Location of Project: Banning Riverside

14. CA Public Records Act - Grant applications are subject to the California Public Records Act, Government Code section 7920 et seq. Do not put any personally identifiable information or private information on this application. If you believe that any of the information you are putting on this application is exempt from the Public Records Act, please attach a statement that indicates what portions of the application and the basis for the exemption. Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed. (City) (County)

5. Disaster/Program Title: Emergency Management Performance Grant 6. Performance / Budget Period: to

7. Indirect Cost Rate: N/A Federally Approved ICR (if applicable):

13. Certification - This Grant Subaward consists of this title page, the application for the grant, which is attached and made a part hereof, the Assurances/Certifications, and any attached Special Conditions. I hereby certify I am vested with the authority to enter into this Grant Subaward, and have the approval of the City/County Financial Officer, City Manager, County Administrator, Governing Board Chair, or other Approving Body. The Subrecipient certifies that all funds received pursuant to this agreement will be spent exclusively on the purposes specified in the Grant Subaward. The Subrecipient accepts this Grant Subaward and agrees to administer the grant project in accordance with the Grant Subaward as well as all applicable state and federal laws, audit requirements, federal program guidelines, and Cal OES policy and program guidance. The Subrecipient further agrees that the allocation of funds may be contingent on the enactment of the State Budget.

15. Official Authorized to Sign for Subrecipient:

Doug Schulze City Manager
Payment Mailing Address: 99 E. Ramsey Street Banning

16. Federal Employer ID Number: 95-6000674
(FOR Cal OES USE ONLY)
I hereby certify upon my personal knowledge that budgeted funds are available for the period and purposes of this expenditure stated above. (Cal OES Fiscal Officer) (Cal OES Director or Designee) FY 2023 EMPG FMFW (Macro) v.23 1 of 1 Grant Subaward Face Sheet Cal OES 2-101 (Revised 05/2023) 323 FY23 Standard Assurances
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As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO;
(e) Federal and State Grant Program Guidelines; and
(f) Riverside County Supplement to the NOFO.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so. 324
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This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 325
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Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy without the express written approval from the awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department oragency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:
326
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(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of governmentcontractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; 327
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(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; 328
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(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic riverssystem.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a ceaseand-desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 329
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8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and 2 C.F.R., Part 200, Subpart F Audit Requirements.

9. Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A. The Applicant is required to report to Riverside County Operational Area (Riverside County OA) the progress of their funded programs on a quarterly basis (January 1, April 1, July 1, October 1).

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 330
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4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction 331
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and acquisition is $10,000 ormore;
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistanceawards.

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance 333
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awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources. 334
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31. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 335
FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 13 of 15 Initials

37. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005.

Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.

The “Buy America” preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.

Per section 70914(c) of BABAA, FEMA may waive the application of a “Buy America” preference under an infrastructure program in certain cases.

On July 1, 2022, OMB approved FEMA’s General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023.

Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or 336
FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 14 of 15 Initials
through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if Riverside County OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as notedabove.

Riverside County OA may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
a) Failure to submit required reports.
b) Failure to expend funding.
c) Failure to expend at least 90% or $5,000 (whichever is greater) of the award could affect future funding.
d) Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
e) Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
f) Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process
g) Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
h) Failure to follow grant agreement requirements or special conditions. i) False certification in the application or document.
j) Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
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FY23 Standard Assurances
Federal Grant Programs
2023 Standard Assurances Page 15 of 15 Initials
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Riverside County OA, Cal OES, or public scrutiny upon request.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:
338
339

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: August 27, 2024
SUBJECT: Consideration of Resolution 2024-129, Approving a Successor Memorandum of Understandings with the Banning Police Officers' Association, Representing All City Employees Eligible for Inclusion in the Police Unit, Effective March 28, 2024, Through March 27, 2027, and Authorizing the City Manager to Finalize and Execute a Successor Agreement
RECOMMENDATION:

Adopt Resolution 2024-129.

BACKGROUND:

The City Council has previously approved a Tentative Agreement (TA) with Banning Police Officers' Association for the bargaining period of March 28, 2024, through March 27, 2027. The union has since ratified via membership vote. The Council is requested to accept the resulting Memorandum of Understanding (MOU).

JUSTIFICATION:

The City Council must ratify the MOUs for execution by the City Manager.

FISCAL IMPACT:

The fiscal impact was discussed with City Council in closed session at the time of the original TA.

ALTERNATIVES:

Do not adopt Resolution 2024-129 and provide staff alternate direction.

BUDGETED?:

No
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2024-129, BPOA MOU.docx

2. BPOA MOU_March 2024 thru March 2027.pdf
340
Resolution 2024-129

RESOLUTION 2024-129

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

APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING WITH THE BANNING POLICE OFFICERS’ ASSOCIATION REPRESENTING ALL CITY EMPLOYEES ELIGIBLE FOR INCLUSION IN THE POLICE UNIT, EFFECTIVE MARCH 28, 2024, THROUGH MARCH 27, 2027, AND AUTHORIZING THE CITY MANAGER TO FINALIZE AND EXECUTE A

SUCCESSOR AGREEMENT
WHEREAS, the City of Banning ("City") has formally recognized the Banning Police Officers’ Association (BPOA) as the exclusive employee organization for all City employees eligible for inclusion in the Police Unit; and
WHEREAS, the prior Memorandum of Understanding ("MOU") between the City and the BPOA expired on March 27, 2024; and
WHEREAS, the City labor representatives and BPOA representatives have successfully met, conferred and signed a Tentative Agreement on the deal points for a successor MOU for the period of March 28, 2024, through March 27, 2027, pursuant to the Meyers-Milias-Brown Act (MMBA) (Gov't code Sections 3500-3511) and the City's Employer-Employee Relations Resolution 2010-45; and
WHEREAS, MMBA Section 3505.1 provides that: "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and
WHEREAS, the BPOA membership has ratified the Tentative Agreement for a successor MOU, where once approved by the governing body and the resulting final MOU is signed by the City Manager and BPOA representatives becomes a binding agreement.

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

SECTION 1. The City Council hereby approves the Successor MOU between the City and Banning Police Officers’ Association (BPOA) representing all City employees eligible for inclusion in the Police Unit, for the period of March 28, 2024, through March 27, 2027.

SECTION 2. The City Council hereby authorizes and directs the City Manager or designee to finalize and execute the Successor MOU, based on the approved Tentative Agreements, on behalf of the City of Banning.

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. 341
Resolution 2024-129

PASSED, APPROVED AND ADOPTED this 27th day of August 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
342
Resolution 2024-129

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-129, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of August 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
343
Resolution 2024-129

EXHIBIT A
Banning Police Officers’ Association (BPOA) Memorandum of Understanding for the Period of March 28, 2024 through March 27, 2027 344

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BANNING
AND

THE CITY OF BANNING POLICE OFFICERS' ASSOCIATION
MARCH 28, 2024 - MARCH 27, 2027
345

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE
Article 1 PREAMBLE 3
Article 2 CONTINUATION OF RULES & POLICIES. 3
Article 3 EMPLOYEE RIGHTS. 4
Article 4 MANAGEMENT RIGHTS 4
Article 5 DUES DEDUCTION 5
Article 6 UNION REPRESENTATION 6
Article 7 BULLETIN BOARDS 6
Article 8 MEMORANDUM OF UNDERSTANDING COPIES 6
Article 9 MEETINGS 7
Article 10 HOURS OF WORK 7
Article 11 SHIFT EXCHANGE 8
Article 12 SALARIES, PERFORMANCE EVALUATIONS, INCENTIVE PAY 8 Article 13 OVERTIME 10
Article 14 ACTING PAY AND PROMOTION PAY 12
Article 15 PAY FOR JURY DUTY, COURT APPEARANCES, "ON-CALL" DUTY 13 Article 16 EQUIPMENT, UNIFORM ALLOWANCE, SAFETY AND TRAINING 14 Article 17 MILEAGE, MEALS AND OTHER TRAVEL REIMBURSEMENT 15 Article 18 TUITION & BOOKS REIMBURSEMENT; EDUCATION INCENTIVE 15 Article 19 SICK AND BEREAVEMENT LEAVE 18
Article 20 VACATION AND HOLIDAY LEAVE 19
Article 21 MEDICAL AND DENTAL INSURANCE 21
Article 22 RETIREMENT AND MEDICARE 25
Article 23 MISCELLANEOUS BENEFITS 26
Article 24 LAYOFFS AND RE-EMPLOYMENT 27
Article 25 GRIEVANCE AND DISCIPLINE APPEALS PROCEDURE. 28 Article 26 SEVERABILITY CLAUSE 30
Article 27 COMPLETE AGREEMENT 31
Article 28 INVESTIGATION DOCUMENTS AND MATERIALS 31
Article 29 RE-OPENERS 31
Article 30 RATIFICATION AND EXECUTION 31
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ARTICLE 1 - PREAMBLE

1.1 Agreement-This Memorandum of Understanding ("MOU" or "Agreement") is entered into between the City of Banning, a Municipal Corporation, hereinafter known as "the City" or "City" and the authorized representatives of the Banning Police Officers' Association, the recognized employee organization of the Police Unit, hereinafter known as "BPOA" or "Union", relative to wages, hours, and other terms and conditions of employment as provided by Sections 3500- 3511 of the California Government Code, otherwise known as the Meyers­ Milias-Brown Act.

1.2 Recognition - The City continues to formally recognize the Banning Police Officers' Association as the only Recognized Employee Organization representing employees in the unit of representation presently or hereafter employed by the City and eligible for inclusion in the Police Unit. It is understood that this Agreement shall constitute a bar to any petition or request for recognition of any unit which includes classifications of employees covered by this Agreement or such petitions to represent such employees at any time during the term hereof. This provision shall not preclude employees from otherwise exercising their rights as may be provided by the Meyers-Milias-Brown Act or the Employer-Employee Relations Resolution of the City.

1.3 Term - Except as otherwise provided herein, this MOU between the City and the Union relative to wages, hours, and other terms and conditions of employment shall be for the period March 28, 2024 through March 27, 2027.

1.4 Represented Classifications - This Agreement covers employees in the following classifications: Police Sergeant, Police Staff Sergeant, Police Master Sergeant, Police Corporal and Police Officer.

ARTICLE 2 - CONTINUATION OF RULES & POLICIES

2.1 - Other Written Policies - Subject to the terms of this Agreement, all City ordinances, resolutions, rules and regulations, including the City's Personnel Rules and Regulations, the Employer-Employee Relations Resolution (Resolution No. 2010-45) and the Administrative Policies of the City of Banning and the Banning Police Department shall apply during the term of this Agreement.

2.2 - Meet and Confer - The Union and the City agree to meet and confer during the term of this MOU over the adoption, amendment or revision, including repeal, of City ordinances, resolutions, rules and regulations, including the City's Personnel Rules and Regulations, the Employer-Employee Relations Resolution (Resolution No. 2010-45) and the Administrative Policies of the City of Banning and the Banning Police Department, to the extent that such documents contain mandatory subjects of bargaining pursuant to the Meyers-Milias-Brown Act. Should an impasse be reached following such meet and 347

confer sessions, the provisions of the Employer - Employee Relations Resolution (Resolution No. 2010-45) or any amendment thereto or successor EmployerEmployee Relations Resolution will apply.

2.3- Past Practice - For purposes of this Agreement, a "past practice" shall be defined as an unwritten policy, procedure or work rule, whether or not it affects a mandatory subject of bargaining, and upon which the City, the Union and the bargaining unit employees may have relied through a course of conduct. As of the effective date of this Agreement, all past practices are void, and of no further force or effect.

ARTICLE 3 - EMPLOYEE RIGHTS

3.1 - Non-Discrimination - The provisions of this Agreement shall apply to bargaining unit employees without illegal discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex (including pregnancy, childbirth and related medical condition), sexual orientation, age, citizenship status, or any other basis protected by applicable law, nor will there be any discrimination with respect to hiring, retention or any condition of employment because of membership or non-membership in the Union, or because of any activities or refraining from activities on behalf of the Union.

3.2 - Union Membership -The Union will accept into membership all eligible persons of the bargaining unit without regard to, race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex (including pregnancy, childbirth and related medical condition), sexual orientation, age, or any other basis protected by applicable law.

3.3 - Rights Granted by State and Federal Law - Except as otherwise provided in this Agreement, the employees covered by this Agreement shall have all rights which may be exercised in accordance with State and Federal Law, and applicable ordinances, resolutions, rules and regulations. However, employees covered by this Agreement shall not have the right to a grievance for violation of any such law, ordinance, resolution or rule, except as specifically set forth herein.

3.4 - Gov't Code Section 3502 - Employees shall have the rights provided to them under Government Code section 3502 of the Meyers-Milias-Brown Act.

ARTICLE 4 - MANAGEMENT RIGHTS

4.1 - The Union recognizes and agrees that the City and its representatives have the responsibility and the authority to manage and direct all operations and activities of the City including, but not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards and the processes and the materials to be employed; the right to subcontract any work or operation; to expand or diminish 348

services; to determine the procedures and standards of selection for employment and promotion; determine classifications; direct its employees; take disciplinary action; relieve its employees of duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted and to assign work to employees and to establish and change work schedules and assignments and to determine the days and hours when the employees shall work; take all necessary actions to carry out its mission in emergencies; and, exercise complete control and discretion over its organization and work performance technology.

ARTICLE 5 - DUES DEDUCTION

5.1- Dues Deduction - The City shall deduct one (1) month's current and periodic Union dues from the wages and/or Leave benefits of each employee who voluntarily executes and delivers to the City a payroll deduction authorization form.

5.2 - Sufficient Earnings -The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the dues deduction authorized. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings.

5.3 - Non-Pay Status - In the case of an employee who is in a non-pay status during only part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other legal and required deductions have priority over Union dues.

5.4 - Cancellation - An employee's authorization for deduction of dues may be canceled at any time by written notice from the employee to the City with a copy to the Union. An Employee's deduction authorization shall automatically be canceled if the employee leaves the employ of the City or is transferred out of the representation unit.

5.5 - Funds Transmission - The aggregate amount of such deductions by the City shall be transmitted monthly to the President of the Union or his or her designee. The City shall provide the President of the Union or his or her designee with a list each month indicating the dues deducted from the pay of any represented unit employee and those employees for whom no deduction was made pursuant to the provisions of Sections 5.2 and 5.3. The Union shall notify the City of the names of its President and other officers and designees each year following election of the board and appointment of members to committees to which the Union is entitled to appoint members under this Agreement.

5.6 - Indemnification -The Union shall indemnify, defend, and hold the City harmless against any claims made, and against any suit instituted against the City on account of deduction of employee organization dues. In addition, the Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. 349

ARTICLE 6- UNION REPRESENTATIVES

6.1-Two (2) employees selected by the Union may attend scheduled meetings with City management during regular hours without loss of pay, provided that such employees shall not leave their workstation or assignment without first providing twenty-four (24) hour notice to the Department Head. Additional employees who are not on duty may participate at no additional cost to the City. Such meetings shall be scheduled in a manner consistent with the City's operating requirements and work schedules. Nothing herein shall be deemed to preclude the scheduling of such meetings at hours other than such employee's regular working hours, in which event attendance shall be without pay.

ARTICLE 7 - BULLETIN BOARDS

7.1- Authorized Postings - The City will furnish adequate bulletin board space where currently available. The Department Head shall designate the bulletin boards to be used for posting notices. Bulletin boards may be used for the following notices:
(a) Scheduled Union Meetings, Agenda and Minutes.
(b) Information on Union Elections and the Results.
(c) Posting of Union special, recreational, and related bulletins. (d) Reports of Official Business of Union including Reports of Committees or the Board of Directors.
(e) MOU, Pay Scales, Job Announcements, Promotions Lists, etc. (f) Such other items as may be approved by the Department Head upon request of the Union.

7.2 - Posted Notices - Posted notices shall not be defamatory or violate any of the City's policies, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Union. The Union may give notices to the represented employees through the use of the City mail system and/or the City computer e-mail system.

ARTICLE 8 - MEMORANDUM OF UNDERSTANDING COPIES

8.1-The City shall provide the Union with one (1) original and one (1) electronic (PDF) copy of this Memorandum after it has been fully executed by the parties. The City shall also provide a copy of the executed MOU to any represented employee hired or promoted into the representation unit after the effective date of the Agreement. The City may charge for any additional hard copies. The Union shall be responsible for providing hard copies of this MOU to current represented employees at Union expense.

Electronic copies shall be no charge.
350

ARTICLE 9 - MEETINGS

9.1- Items of Mutual Concern - Upon mutual agreement of both the City and the Union, the parties may meet to discuss items of mutual concern. A meeting conducted under this section shall not constitute a meet andconfer or hearing under any grievance procedure.

9.2 - Use of City Facilities - The Union may be granted permission to use City facilities for the purpose of meeting with employees to conduct Union business provided space for such meetings can be made available without interfering with City needs. The Union shall be held fully responsible for any damages to and security of any facility that is used by the Union.

9.3 - Budget Oversight Committee - The City agrees to the creation of a Budget Oversight Committee, with the Union entitled to appoint one (1) member. Said Committee shall have an equal number of members appointed by the City's recognized Employee Associations and the City. Said Committee shall be advisory only to the City Manager.

ARTICLE 10 - HOURS OF WORK

10.1- Schedules - Unless modified by the Department Head as set forth in section 10.2 and 10.4 below, the Police Unit employees described below shall work the following work periods:
(a) Employees assigned to uniform patrol shall have a work schedule of seven (7) twelve (12) hour shifts each fourteen (14)-day work period. (b) Employees assigned to the detective bureau shall have a work schedule as assigned by the Department Head.

10.2 - Department Head Discretion - Employees may be assigned to a work schedule consisting of the days and hours as determined by the Department Head.

10.3 - Briefing - Pre-shift briefing shall be at the discretion of the Department Head and if required, shall count as hours worked.

10.4 - Schedule Changes -The Department Head, in the exercise of his or her discretion may change the work schedule and/or work period of Police Unit employees. Accordingly, work schedule and work period changes are not subject to meet and confer requirements.

The Department Head shall notify the Union regarding any change in work schedule and/or work period no later than fourteen (14) days before the date the change is implemented.

10.4 - Shift Assignments - Each year, the Department Head shall post a shift assignment 351

notice on which officers shall indicate their shift assignment preference. The Notice will solicit three shift preferences and any additional information regarding their reasons for requesting a particular shift. The Department Head shall consider each request, giving those with seniority a higher priority, and make an effort to accommodate individual preferences. However, it is recognized that the Department Head shall have the ultimate authority to make shift assignments based on the needs of the Department. These shift assignments shall be for the full year except for individual changes as determined by the Department Head.

10.5 - Outside Employment - Prior to any bargaining unit employee accepting outside employment, he or she shall request and receive authorization from the Department Head.

Authorization for outside employment shall be made according to the policies and procedures in place at the time of request.

ARTICLE 11 - SHIFT EXCHANGE
Employees may be permitted to trade shifts provided that:
(a) No additional compensation or other cost to the City results from such assignment; (b) Exchanging employees are fully qualified to perform the required tasks of both assignments; and
(c) Written requests for shift representation must be submitted on the prescribed Department form and approved by the Department Head or his/her designee prior to the start of the requested shift.

ARTICLE 12 - SALARIES, PERFORMANCE EVALUATIONS, INCENTIVE PAY

12.1 Salary Adjustment – All BPOA represented Unit members shall receive a cost of living (COLA) salary increase of base pay with a floor of 2% and a ceiling of 4%, which will be based on Riverside County CPI for January 2025 for the period of March 28, 2025, to March 27, 2026; and an additional salary increase of base pay with a floor of 2% and a ceiling of 4%, which will be based on Riverside County CPI for January 2026 for the period of March 28, 2026, to March 27, 2027. No base wage adjustment in year 1 of the contract period.

In addition to base wage adjustments above, Officers shall receive a 3 grade increase from P67 to P70 with placement at the step equal to or above current pay plus a 1 step increase effective March 28, 2024; Corporals shall receive a 4 grade increase from P71 to P75 with placement at the step equal to or above current pay plus a 1 step increase effective March 28, 2024; and Sergeants shall receive a 4 grade increase from P78 to P82 with placement at the step equal to or above current pay plus a 1 step increase effective March 28, 2024. This will not impact the timing of any step increases per 12.2 and will be retroactive to March 28, 2024, as necessary.
352

12.2 - Assignment to Ranges - All employees have been placed on ranges with defined steps as shown on the attached salary schedule. The salary table is calibrated in approximate 2.5% increments. Subsequent annual increase for satisfactory performance will be two (2) steps or approximately 5%.
(a) No employee shall be granted a step increase unless and until such employee has obtained an acceptable evaluation consistent with the applicable administrative policies of City.
(b) A first denial of a step increase shall not be an allowable subject of the exercise of employee rights under any grievance procedure afforded by the City or collective bargaining agreement.
(c) An employee denied a step increase for unacceptable performance shall be entitled to be re-evaluated in six (6) months from the date of the performance evaluation which led to the denial of the step increase. If the employee's overall performance is rated acceptable, the employee shall be granted the appropriate step increase effective the first pay period following the six-month re-evaluation period. Such step increase shall not be retroactive.
(d) If the employee's performance continues to be unacceptable after the six (6) month re-evaluation period, the employee shall be given a final denial of a step increase for the remainder of the regular evaluation period. Denial of a step increase under this subsection may, at the employee's option, be subject to the collective bargained grievance procedure for unit members.
(e) An employee at the top of his or her range shall have his or her performance evaluated at least annually within thirty (30) days of his or her anniversary date.

12.3 - Premium Pay - City shall additionally pay a five percent (5%) premium for the following special assignments, provided that no such premium shall attach when the officer is otherwise working an eighty-four (84) hour shift:
• Professional Standards Supervisor (Sgt. Rank only)
• Detective Sergeant
• Detective
• K-9 Officer
• Motor Officer
• School Resource Officer
• CET
• Any other assignment determined to be appropriate and approved by the Chief of Police.
353

12.4 - Field Training Officer (FTO) - All certified F.T.O.'s will be selected and appointed by the Chief of Police or their designee. F.T.O.'s. can be selected or removed by the Chief of Police or their designee at any time including: Upon the employee's change of assignment, promotion, work schedule, poor performance as an F.T.O., shortages of trainee's, influx of trainees and the needs of the department. Once appointed as a Field Training Officer (F.T.O.). The F.T.O. shall receive an additional pay of 5% with or without a trainee. The department expectation is that the F.T.O. will provide guidance and leadership while performing their duties with or without a trainee.

12.5 - Bilingual Pay – Employees certified using a CITY designated language proficiency test as being fluent speaking and interpreting (not reading or writing) in sign language or other secondary languages shall be paid an incentive equivalent to five percent (5%) of their base salary, if the need for fluency is necessary in the current job and approved by the Department Head and City Manager. Initial certification, any re-test or recertification as a condition of continued receipt of premium pay, shall be determined by the City using methods selected by the Human Resources Department. Upon receiving satisfactory testing results, implementation of the premium pay shall begin.

12.6 - Disciplinary Reductions in Pay - Any disciplinary reduction in pay due to a formal disciplinary action may be satisfied in the form of the following: (a) Payment based upon a lump sum amount to be deducted in one paycheck provided that the deduction does not violate minimum wage laws or the Fair Labor Standards Act; OR, (b) Payment over a period of pay periods based on a case by case basis provided that there is extraordinary financial hardship and that the maximum number for payment is ten (10) pay periods. Extraordinary financial hardships will be determined by the City Manager.

12.7 - Longevity Pay - Employees shall receive additional compensation, effective on the employee's employment anniversary date, for Longevity as follows:
a) Upon completion of ten (10) years of continuous service employees will receive additional pay of one percent (1.0%) of base salary; b) Upon completion of fifteen (15) years of continuous service employees will receive additional pay of one and one-half percent (1.5%) of base salary; c) Upon completion of twenty (20) years of continuous service employees will receive additional pay of two percent (2.0%) of base salary.

ARTICLE 13 - OVERTIME

13.1 - 7(k) Exemption -The City has adopted a fourteen (14) day work period pursuant to the "7k exemption" of 29 U.S.C. section 207(k) under the Fair Labor Standards Act (FLSA). Except 354

as provided below in connection with uniformed patrol officers, an employee shall be paid at the rate of one and one-half (1-1/2) times the employee's regular hourly base rate of pay for all hours worked in excess of eighty (80) hours in the fourteen (14) day work period.

Uniformed patrol officers assigned to work twelve (12) hour shifts as outlined in Article

10.1 above, shall be paid at the rate of one and one-half (1- 1/2) times the employee's regular hourly base rate of pay for all hours worked in excess of eighty-four (84) hours in the fourteen (14) day work period. This section 13.1 does not preclude the Chief of Police from establishing the practice of scheduling an employee to work a pay period of any duration which is not less than eighty (80) hours and not more than eighty-four (84) hours, subject to the shift change provisions of the MOU. At all times, the full eighty-four (84) hours shall be accounted for on the timecard . Unassigned hours of the eighty-four (84) shall be so indicated.
a) The City shall pay the employer CalPERS contribution, as required by the MOU, for the first eighty-four (84) hours of CalPERS eligible time worked during a pay period.

Hours earned as overtime and paid at time and one-half (1/2) shall not be counted as CalPERS eligible hours. All overtime worked shall be authorized by a supervisor in advance, if possible. Otherwise, the claim for overtime shall be subject to review by the Department Head. Overtime may be paid as accrued compensatory time subject to the following: Compensatory time may not be accumulated in excess of three hundred fifty (350) hours. Employees may cash out accumulated comp time up to a maximum of one hundred (100) hours per twelve (12) month period, unless otherwise restricted herein. Any cash out will be at the employee's current rate of pay inclusive of all premium pay.
(i) The "regular hourly base rate of pay" includes only salary as described in Article 13.1. Acting pay as set forth in Section 14.1 and educational incentive pay as provided in Article 18.4.
b) In calculating overtime, the practice of the Finance Department shall be as follows:
i. All hours appearing on the timecard as "Reg Hours" shall first be totaled.
ii. All hours otherwise defined as "hours worked" under the MOU shall then be totaled.
iii. Finally, all hours recorded as overtime on the timecard shall be totaled.
iv. All hours totaled above, which are in excess of eighty-four (84) hours for patrol personnel and eighty (80) hours for special assignments during the pay period, shall be treated as overtime. v. In the case of correction of the timecard by the Finance Department, the affected employee shall be given timely notice of such correction prior to the preparation of the paycheck. 355

c) Any assigned hours which are not worked, and are not otherwise accounted for through a reduction in accrued leave, shall be treated as Leave-Without-Pay ("LWOP") and the employee may be subject to a personnel action as prescribed in the personnel policies of the City.
d) Accruals, and reductions in accruals, are based on an eighty {80) hour pay period.

13.2 - Hours Worked - "Hours worked" means time spent in required court appearances as set forth in Article 15, and time paid for vacation, holidays, sick leave, CTO and administrative leave for officer involved shooting or other non-disciplinary leave.

13.3 - Call Out Minimum - Bargaining Unit employees shall be paid a minimum of two (2) hours' pay for any time worked during the first hour when called-out for emergencies, and time and one-half (1/2) for each hour worked thereafter. For example, should an employee be called-out to work two (2) hours of emergency duty he or she would be compensated with three and one­ half (3 1/2) hours' pay at the regular hourly base rate of pay; two (2) hours' pay for the first hour worked and one and one-half (1.5) hours pay for the second hour worked.

13.4 - Pyramiding of Overtime - There shall be no pyramiding or duplication of overtime payments and other premiums for the same hour worked.

13.5 - Compensatory Time - Accrued compensatory time may be taken by the employee on an "hour accrued/hour off' basis. However, in the event an employee terminates his employment and/or the City is otherwise obligated or desires to "cash out" accrued compensatory time, the employee shall be paid for any accrued time at his or her then regular hourly base rate of pay.

13.6 - Maximum Comp Time Accrual - Comp time may be accrued to a maximum of three hundred-fifty (350) hours.

ARTICLE 14 - ACTING PAY AND PROMOTION PAY

14.1 - Represented employees temporarily assigned to work in a higher classification by management shall be compensated for working their thirty-first (31st) consecutive day of such assignment within the fiscal year, and consecutive days worked thereafter, at a rate of five percent (5%) above their normal rate of compensation while working in the higher classification. The conditions of this subsection are prerequisites to the receipt of any higher acting pay. At such time as an employee is no longer performing work out of his or her pertinent classification, he or she shall be compensated at his or her regular rate of pay for his or her pertinent classification.

14.2 - Represented employees promoted to work in a higher classificationshall be placed in the lowest step of the higher classification that pays more than the employee received in the lower classification but not less than five percent (5%) more than the employee received in 356

the lower classification.

ARTICLE 15- PAY FOR JURY DUTY: COURT APPEARANCES, "ON- CALL" DUTY

15.1 - Any employee who shall be summoned for attendance to any court for jury duty during his or her normal working hours shall be deemed to be on duty and there shall be no loss of salary, but any jury fees received by him or her shall be paid into the City treasury.

Any employee who shall be called as a witness arising out of and in the course of his or her City employment shall be deemed to be on duty and there shall be no loss of salary, but any witness fees received by him or her, shall be paid into the City treasury. An employee absent as a witness in a private matter shall not be entitled to be paid during such absence, except that he or she may, however, use Vacation Leave, Holiday Leave and Compensatory Leave for such absence.

15.2 - Represented employees shall be compensated for off-duty court appearances.

Employees required to appear telephonically shall be compensated for a minimum of one (1) hour. The City will pay a minimum of three (3) hours for travel to and appearances in court at a rate of one and one-half (1.5) times the base rate of pay. All travel shall be calculated based on the time required to travel from any Banning Police Station to the destination. All hours required in excess of three (3) hours shall be compensated at one and one-half (1.5) times the base rate of pay.

15.3 - Employees required to be on-call for court appearances before noon shall be compensated for one (1) hour. Those required to be on-call for court purposes after noon shall be compensated for one (1) hour. Requirement for multiple court appearances in the same time frame shall constitute one (1) period of on-call. For purposes of this section, an employee shall not be deemed to be on-call while appearing in court. Employees shall not be paid for being on-call under this Section for a day on which the employee is compensated for being in court under Section 15.2.

15.4 – On-call pay for Detective or Detective Sergeant scheduled for "on-call" duty shall receive (8) hours of either compensatory time off or pay for each day of on-call. The duty of assigning on-call, will be tasked to the Detective Bureau Sergeant and can be modified at any time by the Chief of Police. The Detective Bureau Sergeant is responsible to schedule (2) Detectives to on-call from Friday to Sunday of each week. The on-call schedule will compensate a total of 24 hours of premium straight time over the (3) days between the on-call Detectives or Detective Sergeant.

15.5 - An employee shall be on-call for purposes of the receipt of the four (4) hours where:
(a) The employee is scheduled to provide a mandatory response; and (b) That response is to be to the station, or other designated location 357

within two (2) hours; and
(c) The employee is required to provide the Department Head with sufficient information to obtain immediate contact with the employee.

15.6 - All Police Unit members who are required to respond to a traffic accident call out would receive a minimum of two (2) hours double time pay commencing thirty (30) minutes before their arrival time. The Evidence Technician will be entitled to receive a minimum of two (2) hours double time pay commencing thirty (30) minutes before his/her arrival for any call outs.

15.7 - Scheduled Training – Any employee who is scheduled by the Department to attend day long training during his or her normal shift or working hours shall be deemed to be on duty and there shall be no loss of salary. The Department will abide by the "day for a day" theory for any day long training not lasting more than four (4) days. This policy provides that the employee will not owe the Department time should the day long training course be shorter than the officer's regularly scheduled workday. This theory applies only to scheduled full­ day training courses. For overtime calculation purposes, only actual hours in training will count as actual hours worked.

ARTICLE 16- EQUIPMENT, UNIFORM ALLOWANCE, SAFETY AND TRAINING

16.1 - The City will provide covered employees safety equipment in accordance with California State Law. Said safety devices and safeguards shall remain the property of the City of Banning and their use may be required and regulated by the Department Head or his or her designee.

16.2 - The Department Head or his or her designee shall have sole authority to assign the use of or regulate the use of City property by represented employees including but not limited to City vehicles.

16.3 - The City agrees to pay a uniform allowance of one-hundred-fifty dollars ($150) per month to Police Unit members. Payment of the uniform allowance will be paid equally between the first two pay periods each month. Such money shall be used for the purpose of purchasing and maintaining uniforms in order that individual officers and civilian employees who wear regulation uniforms may maintain a professional appearance.

16.4 - The City shall reimburse Police Unit employees the reasonable replacement value of personal property, not including uniforms for which the above uniform allowance is paid, which is destroyed in the course and scope of their employment. The employee shall make application for reimbursement by presenting to the Department Head the damaged or destroyed article. Personal property subject to this provision consists of personal property necessary to fulfill the employee's job duties and that is approved in advance for use on the job. Replacement for prescription eyewear is limited to two-hundred dollars 358

($200) per pair. Replacement for watches is limited to fifty dollars ($50). Sums paid hereunder shall be secondary to any applicable insurance. If an individual pays a sum of money to the City pursuant to a court order as restitution for damaging the uniform of a bargaining unit employee, then the City will reimburse that amount to the Police Unit employee.

16.5 - The Department Head or his designee may at his or her discretion authorize an employee to carry optional weapons. Nothing in this Agreement shall require the Chief of Police to approve the use of any specific weapon or ammunition.

ARTICLE 17- MILEAGE, MEALS AND OTHER TRAVEL REIMBURSEMENT

17.1 - The City will reimburse expenses for meals, lodging and tuition when a Police Unit employee attends a City directed educational program. Reimbursement shall be equal to but not exceed the amount permitted under applicable P.O.S.T. standards. If the employee's meals and lodging expenses exceed reimbursement provided by P.O.S.T., then the employee may be required to demonstrate that such expenses are reasonable by providing receipts for all expenses and written justification. Only reasonable expenses will be reimbursed.

17.2 Accommodation arrangements for attendance at a City directed educational program shall be made by the Police Unit employee. The City agrees to provide any accompanying information concerning available lodging arrangements for the program to the employee as soon as it becomes available to the City.

17.3 - Upon request, an employee attending a City directed educational program shall receive an advance up to the P.O.S.T. established limits established for the particular educational program.

17.4 - At the conclusion of the educational program, the employee shall show by certificate awarded or some other manner that the program was attended and completed.

17.5 - Except as otherwise set forth in this MOU, the scheduling of training/educational programs shall be done in accordance with Departmental procedures.

ARTICLE 18-TUITION AND BOOKS REIMBURSEMENT; EDUCATION INCENTIVE

18.1 - Qualifications - The City agrees to compensate members of the bargaining unit for an Associate's Degree, Bachelor's Degree, Master’s Degree and a PhD. The pay will be paid for employees’ regularly scheduled hours, not overtime hours. The employee’s degree must be issued from a college or university accredited by either or both the Council for Higher Education Accreditation (“CHEA”) and/or the U.S. Department of Education (“USDE”). The pay for earning a degree is not cumulative. An employee can only receive one level of pay for a degree. An employee will start to receive education incentive pay as outlined in 18.4 359

beginning on the pay period following their provision of proof of their degree to the Human Resources Department. Unit members shall be eligible to receive reimbursement for tuition and cost of books actually paid, for their approved professional and technical courses subject to the provisions below:
(a) The employee has furnished evidence that the course has been completed with at least a "C" grade or "pass."
(b) Police Unit employees will receive a maximum of four-thousand dollars ($4,000) for tuition and actual expenses paid for books for expenses incurred per fiscal year for any academic training in a university or college recognized by an accrediting institution as determined by the Human Resources Director.

18.2- Reimbursement Requirements.
(a) Requests for reimbursement must be completed and returned to the Human Resources Department within three (3) weeks after receipt of course completion documentation. (No reimbursement will be made without bona fide receipts or documentation).
(b) Reimbursements will be made only after proof of completion of course with a minimum of "C" average or "pass" and satisfactory receipts of payment for books and tuition are approved by the Human Resources Department.

18.3 Attendance - Employees may utilize shift changes and one (1) hour or more increments of Vacation or Holiday Leave to attend courses that have been approved under this Article. Employees may also convert Sick Leave to Vacation Leave for this purpose.

18.4 - Education Incentive Pay - Educational incentive pay shall be earned as follows:
a. The employee shall receive the POST Certificate salary increase effective the date noticed on the certificate after submission of the documentation showing completion.

The Police Department shall notify an employee of POST correspondence, and it is the employee's responsibility to submit said documents in a timely manner to receive full benefits of the salary increase.
b. Possession of an Associate of Arts/Science Degree in any academic field entitles the employee to seventy-five dollars ($75) per month, if the employee began receiving this incentive pay prior to July 1, 2025.
c. Possession of a Bachelor of Arts/Science Degree in any academic field entitles the employee to one-hundred-fifty dollars ($150) per month, if the employee began receiving this incentive pay prior to July 1, 2025.
d. Possession of a Masters of Arts/Science Degree in any academic field entitles the employee to two- hundred- twenty- five dollars ($ 225) per month. 360

e. Possession of a Ph.D. in any academic field entitles the employee to three- hundred dollars ($ 300) per month.
f. Possession of an Intermediate POST Certificate and an Associate of Arts/Science Degree in any academic field entitles the employee to $275 per month, if the employee began receiving this incentive pay prior to July 1, 2025; Possession of an Intermediate POST Certificate and a Bachelors of Arts/Science Degree in any academic field entitles the employee to three-hundred-fifty dollars $350 per month, if the employee began receiving this incentive pay prior to July 1, 2025; Possession of an Intermediate POST Certificate and a Masters of Arts/Science Degree in any academic field entitles the employee to four-hundred twenty-five dollars ($425) per month; Possession of an Intermediate POST Certificate, and a Ph.D. in any academic field entitles the employee to five-hundred dollars ($500) per month. g. Possession of the Regular or Specialized Advanced Certificate, Regular or Specialized Supervisory Certificate, Regular or Specialized Management Certificate, Regular or Specialized Executive Certificate and an Associate of Arts/Science Degree in any academic field entitles the employee to three-hundred-seventy-five dollars ($375) per month, if the employee began receiving this incentive pay prior to July 1, 2025; Possession of the Regular or Specialized Advanced Certificate, Regular or Specialized Supervisory Certificate, Regular or Specialized Management Certificate, Regular or Specialized Executive Certificate, and a Bachelors of Arts/Science Degree in any academic field entitles the employee to four-hundred-fifty dollars ($450) per month, if the employee began receiving this incentive pay prior to July 1, 2025; Possession of the Regular or Specialized Advanced Certificate, Regular or Specialized Supervisory Certificate, Regular or Specialized Management Certificate, Regular or Specialized Executive Certificate, and a Masters of Arts/Science Degree in any academic field entitles the employee to five-hundredtwenty-five dollars ($525) per month; Possession of the Regular or Specialized Advanced Certificate, Regular or Specialized Supervisory Certificate, Regular or Specialized Management Certificate, Regular or Specialized Executive Certificate, and a Ph.D. in any academic field entitles the employee to six-hundred dollars ($600) per month.
h. For all Police Unit members who are employed with the City at the time of the execution of this MOU, possession of sixty (60) semester units from an accredited college with a minimum of thirty-nine (39) units being in an occupationally related field (i.e. Police Science, Social Science, Political Science, Public Administration, etc.) shall entitle the employee to receive pay of one-hundred dollars ($100) per month. Determination as to whether courses are occupationally related will be made by the Department Head with right of appeal to the City Manager, if the employee began receiving this incentive pay prior to July 1, 2025. ($350) per month; Possession of an Intermediate POST Certificate and a Master of Arts/Science Degree in any academic field entitles the employee to four-hundred­ twenty-five dollars ($425) per month; Possession of an Intermediate POST Certificate, and a Ph.D. in any academic field entitles the employee to five-hundred dollars ($500) 361

per month.
i. The amounts in this article shall not be pyramided except as set forth above.

ARTICLE 19-SICK AND BEREAVEMENT LEAVE

19.1- Sick Leave Accrual - Represented employees shall accrue three and sixty-nine hundredth (3.69) hours of Sick leave per pay period. Sick leave shall accrue without limit.

19.2 - Use of Sick Leave - Sick Leave shall be granted only where consistent with the City's sick leave and Pregnancy Leave policy (currently AP-1 and AP-02).

19.3 - Cash out of Sick Leave - Employees may make an irrevocable election to cash out sick leave via a written City irrevocable election form by no later than December 31 of the calendar year prior to the calendar year in which the employee receives cash-out. If the employee does not accrue sick leave (in the following year prior to cash out payment) in the amount elected on form, the cash-out amount will be reduced accordingly to the amount accrued. Employees may choose to have a cash-out amount made as an employee contribution to the employee’s 457 deferred compensation plan or retiree health savings plan, subject to any applicable contribution limits imposed by IRS regulations. Once per year cash out for a total of up to 50 hours per year to be paid on the last paycheck of November. Cash-out must not reduce employee’s available sick leave bank at time of cash-out below 120 hours.

19.4 - Conversion to Vacation -Any employee who has taken forty (40) hours of Sick Leave or less during the fiscal year ending June 30 of each year shall be entitled to convert up to forty (40) hours of unused sick leave to vacation. The month of August will be the month for annual conversion. Only those employees who have completed twelve (12) months of service with the City as of June 30th of any year will be eligible for such annual conversion and there shall be no interim pro-rata conversion.

19.5 - Cash Out Upon Separation -After ten (10) years continuous City service, and upon voluntary separation under satisfactory conditions or involuntary disability retirement, sworn personnel shall be eligible to receive a cash payment equivalent to forty percent (40%) of all unused sick leave less the total number of hours converted to vacation, as set forth above. Civilian personnel shall be eligible to receive a cash payment equivalent to thirty percent (30%) of all unused sick leave less the total number of hours converted to vacation, as set forth above. Such reimbursement will be computed based upon the employee's final compensation rate.

19.6 - Conversion to Deferred Compensation - Beginning with the 11th year of City service, unit members may convert the value of the total amount of their sick leave bank, minus forty (40) hours, to either Deferred Compensation, or the Retiree Health Savings. Thereafter, the employee may contribute one hundred percent (100%) of the value of unused sick leave, 362

minus forty (40) hours for such purposes.

19.7 - Use of Other Leave -An employee who has exhausted all accumulated Sick leave while on Sick leave may utilize accrued Vacation or Holiday Leave or accrued compensated time off for the purposes described in 19.2 above or 19.8 below.

19.8 - Bereavement Leave - Employees covered by this Agreement are eligible for bereavement leave if they have been employed for at least 30 days prior to the commencement of the leave. Employees will be allowed five (5) shifts off duty with pay for Bereavement leave upon the death of a member of their family. The days of leave need not be taken consecutively but must be taken within three months of the date of death of the family member. For this section, family includes the following persons: spouse, domestic partner, mother, father, brother, sister, child, stepchild, grandchild, or grandparent of the employee or any one of the same relatives of the employee’s spouse or domestic partner. For the unpaid time after the five days, an employee may use vacation, compensatory time, sick leave, or any other paid leave that would otherwise be available. An employee shall be allowed a maximum of sixty (60) hours bereavement leave under this section for multiple family deaths occurring during the same twenty-four (24) hour period.

Employees are required to provide documentation of the death of the family member within 30 days of the first day of the leave. Documentation may be a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency.

19.9 - Military Leave - Banning's policy relating to military leave and compensation, therefore, shall be in accordance with the provisions of the Military and Veteran's Code of the State of California (Section 389-399.5) and with all Federal provisions (the Uniformed Services Employment and Reemployment Rights Act of 1994, USERRA, Pub. L. 103- 353, codified as amended at 38 U.S.C. §§4301-4335).

ARTICLE 20 – VACATION AND HOLIDAY LEAVE

20.1 - Vacation Leave Accrual- For employees of the City as of date of this Agreement, Vacation Leave shall accrue in accordance with the following schedules:
(a) One (1) through four (4) years of service: ten (10) days per year= three and eighthundredth (3.08) hours per pay period; (b) Beginning the fifth (5th) year through the ninth (9th) year: fifteen (15) days per year= four and sixty-two hundredth (4.62) hours per pay period; 363

(c) Beginning the tenth (10th) year & thereafter: twenty (20) days per year= six and fifteen hundredth (6.15) hours per pay period.

20.2 - Maximum Accrual - Vacation Leave may be accrued to a maximum of threehundred fifty (350) hours for all members. Holiday leave may be accrued to a maximum of two­ hundred (200) hours per employee.

20.3 - Approval Required -Vacation Leave shall be taken with approval of the Department Head at any time following the completion of the eighteen (18) month probationary period for entry-level Unit members and one (1) year probationary period for lateral hire Unit members, but the Vacation Leave taken shall not be in excess of that actually accrued at the time such Vacation Leave is taken. Vacation Leave must be approved a minimum of fourteen (14) days in advance of the first day of such Vacation by the Department Head or his or her designee. Exceptions may be made to the fourteen (14) day notice requirement for emergencies or at the discretion of the City by the Department Head or Division Supervisor.

20.4 - Payment Upon Separation - Any employee, who has been in continuous full-time service of the City for a period of 1 year or more, who is about to separate from his or her employment and has earned Vacation Leave to his or her credit, shall be paid for such Vacation Leave on the effective date of such separation up to the maximum accrual. It shall not be necessary to carry such employee on the payroll for the Vacation Leave period, and the vacancy created may be filled at any time after the employee ceases to perform the duties of his or her office or employment. When separation is caused by death, payment of all outstanding compensation, including Salary and all remaining Sick Leave, Vacation, Comp Time or Holiday Time accruals shall be paid into the employee's direct deposit account the same as regular payroll.

20.5 - Payment of Excess Hours - Employees may make an irrevocable election to cash out vacation leave via a written City irrevocable election form by no later than December 31 of the calendar year prior to the calendar year in which the employee receives cashout. If the employee does not accrue vacation leave (in the following year prior to cash out payment) in the amount elected on form, the cash-out amount will be reduced accordingly to the amount accrued. Employees may choose to have a cash-out amount made as an employee contribution to the employee’s 457 deferred compensation plan or retiree health savings plan, subject to any applicable contribution limits imposed by IRS regulations.

Once per year cash out for a total of up to 80 hours per year to be paid on the last paycheck of November. Cash-out must not reduce employee’s available vacation leave bank at time of cash-out below 120 hours. Unused or uncashed vacation accrual in excess of the employee's annual entitlement, if any, may result in the employee being scheduled for mandatory vacation time off by the Department Head for a period of time equal to the excess accrual.
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20.6 - Holidays - City Holidays are as follows:

New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Juneteenth
Fourth of July
Labor Day
Veterans' Day
Thanksgiving Day
Day after Thanksgiving
Christmas
One (1) floating holiday

20.7 - Holiday Accrual - Employees shall accrue Holiday Leave at the rate of five and fifty-four hundredths (5.54) hours per pay period.

20.8 Approval Required - Holiday Leave must be approved a minimum of fourteen (14) days in advance by the Department Head or his or her designee of the first day of such Holiday leave. Exceptions may be made to the fourteen (14) day notice requirement for emergencies or at the discretion of the City by the Department Head or immediate supervisor.

20.9 - Cash Out - Employees may make an irrevocable election to cash out holiday leave via a written City irrevocable election form by no later than December 31 of the calendar year prior to the calendar year in which the employee receives cash-out. If the employee does not accrue holiday leave (in the following year prior to cash out payment) in the amount elected on form, the cash-out amount will be reduced accordingly to the amount accrued. Employees may choose to have a cash-out amount made as an employee contribution to the employee’s 457 deferred compensation plan or retiree health savings plan, subject to any applicable contribution limits imposed by IRS regulations. Once per year cash out for a total of up to 120 hours per year to be paid on the last paycheck of November. There is no floor for hours for this payout to occur.

20.10 - Payment Upon Termination -Any employee who is about to terminate his or her employment and has earned Holiday Leave to his or her credit, shall be paid for such Holiday Leave on the effective date of such termination.

ARTICLE 21 - MEDICAL AND DENTAL INSURANCE

21.1- Health Benefit Contributions and Benefit Money – City Contributions to health plans and benefit money shall be as follows:
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a. For employees participating in a City sponsored health plan:
i. Healthcare Plan Contributions - Effective March 28, 2024, the City shall contribute for each employee who participates in a City Healthcare Plan a maximum amount up to the 2024 rates for mid-tier HMO Healthcare Plan (Blue Shield Access+), which are stated below.

BS ACCESS+
Single Employee $756.65 per month
2 party $1,513.30 per month
Family $1,967.29 per month
Beginning January 1, 2025, and annually thereafter on January 1, the maximum annual inflator for the City contribution increase is up to 2.5% above the maximum contribution amount for rates for mid-tier HMO Healthcare Plan (Blue Shield Access+ in 2024) of the prior year. ii. In addition to the healthcare plan contribution, employees participating in the City Healthcare Plan shall receive the following amounts as cafeteria plan Benefit Money.

Single Employee $600 per month
2 party $250 per month
Family $250 per month
Employees may use the Benefit Money stated above for any combination of the following cafeteria plan benefits: (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Benefit Money is forfeited.
*Because of requirements related to the 457-plan election, those employees who are currently contributing to their 457-plan amounts for 2024 from their cafeteria plan contribution would continue to maintain their current level of contribution using the cafeteria plan contribution through the end of 2024 only.

Employees shall be responsible for paying any cost for the employee's selected cafeteria plan benefits that exceed the City's contribution described above.
b. Option to Opt-Out with Proof of Alternative Minimum Essential Coverage - Employees who provide the City with reasonable evidence of alternative minimum 366

essential coverage can decline, in writing, coverage under the City's Healthcare Plans and will not receive any cafeteria plan contribution from the City. i. Employees hired before July 1, 2024, may opt out and choose to receive a maximum cash out of $1,000 per month as taxable income that is not includable as compensation earnable or pensionable compensation for CalPERS purposes if they meet the conditions of the eligible opt out arrangement described below. Such employees would also receive $150 per month as Non-Medical Benefit Money that may be used for (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Non-Medical Benefit Money is forfeited.
ii. Employees hired after July 1, 2024, may opt out and choose to receive a maximum cash out of $500 per month as taxable income that is not includable as compensation earnable or pensionable compensation for CalPERS purposes if they meet the conditions of the eligible opt out arrangement described below. Such employees would also receive $150 per month as Non-Medical Benefit Money that may be used for (1) dental insurance for employee, spouse, and/or dependents; (2) vision insurance for employee, spouse, and/or dependents; (3) health flexible spending account (health FSA); and/or (4) additional City offered health benefits. Any leftover unused Non-Medical Benefit Money is forfeited.
*Because of requirements related to the 457-plan election, those employees who are currently contributing to their 457-plan amounts for 2024 from their cafeteria plan contribution would continue to maintain their current level of contribution using the cafeteria plan contribution through the end of 2024 only.
iii. Eligible Opt Out Arrangement - The eligible opt out arrangement conditions that must be satisfied in order for an employee to receive cash for opting out of the City's Healthcare Plan coverage are as follows:
a. The employee and the employee's Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California);
b. A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee's plan year for which the eligible opt out arrangement applies;
c. The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family 367

for applicable period. Reasonable evidence may include an attestation by the employee;
d. The employee must provide the evidence/attestation every plan year; e. The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g., open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and
f. The cash for opting out cannot be made if the City knows or has reason to know that the employee or the employee's tax family member does not have alternative minimum essential coverage.

21.2 - IRS 125 Plan - Police Unit employees may participate in the City's Internal Revenue Section 125 program which will allow employees to allocate specified amounts of monthly pretax salary or wages for the reimbursement of medical care expenses, dependent care expenses, or both. Premiums for Long-Term Care and other defined exceptions are excluded from the pretax provisions of the Section 125 program.

21.3 - Insurance Advisory Committee - The City shall maintain the Insurance Advisory Committee to which the Association may appoint two (2) representatives.

21.3.1- Purpose -The purpose of the Advisory Insurance Committee shall be to advise the City relative to health, life, and related insurance plans which may be provided to employees of the City of Banning including the type of plans, scope of coverage, and the selection of insurance carriers.

21.3.2 - Voting- The Insurance Committee shall determine issues by a majority vote of the members, each member having one (1) vote, except that any such determination shall constitute an advisory recommendation only to the City Manager.

21.3.3 -Selection of Members - Insurance Committee Members shall be selected as follows:
(a) Representatives of bargaining units shall be selected in a manner to be determined by each respective unit.
(b) The City's Representative shall be the City Manager or his/her designee.

21.3.4 - Meetings - The Insurance Advisory Committee shall meet as may be necessary to conduct the business of the Committee.

21.3.5 - Status - The Insurance Advisory Committee will be advisory only, with no power or prerogative to decide on behalf of the City on issues pertaining to employee insurance coverage.
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ARTICLE 22 - RETIREMENT AND MEDICARE

22.1- Contributions to CalPERS.
(a) All CalPERS Classic employees are responsible for paying their contributions for their respective retirement plans to CalPERS at five percent (5%) for safety members and eight percent (8%) for non-sworn miscellaneous members. The City shall contribute four percent (4%) for safety members, to total the required nine percent (9%) contribution.
(b) Per the Public Employees' Pension Reform Act of 2013 and related laws and regulations, new employees hired after January 1, 2013, are subject to paying at least 50% of the normal costs or as otherwise determined by CalPERS.

22.2 - CalPERS Formulas.
(a) The City agrees to continue to pay the employer's portion of the CalPERS "Three Percent at Fifty" (3%@ 50) public safety retirement formula and the "Two Point Five Percent at Fifty-Five" (2.5%@ 55) public miscellaneous retirement formula for employees hired on or before December 20, 2012. All employees shall pay their full member contributions under their respective retirement plans.
(b) The City previously adopted Resolution 2012-99 approving the Side Letter Agreement between the City and the BPOA which authorized implementation of a two tiered retirement plan providing the CalPERS "Two Percent at Fifty" (2%@ 50) retirement formula for public safety employees and the 'Two Percent at Sixty" (2%@ 60) retirement formula for public miscellaneous employees. The new two-tiered retirement plans applied to all new employees hired after December 20, 2012. All Unit employees hired on or before December 20, 2012, remained at the previously existing 'Three Percent at Fifty" (3%@ 50) retirement formula for public safety employees and the 'Two Point Five Percent at Fifty- Five" (2.5%@ 55) formula for public miscellaneous employees.
(c) Unit employees hired on or after January 1, 2013, shall be enrolled in either the "Two Percent at Fifty" (2%@ 50) formula for public safety employees and the "Two Percent at Sixty" (2% @ 60) formula for public miscellaneous employees or the 'Two Point Seven Percent at Fifty-Seven" (2.7%@ 57) formula for public safety employees and the "Two Percent at Sixty-Two" (2%@ 62) formula for public miscellaneous employees depending upon eligibility rules as established by CalPERS under the Public Employees' Pension Reform Act of 2013 and related laws and regulations.
369

(d) Per the Public Employees' Pension Reform Act of 2013 and related laws and regulations, all Unit employees hired on or after January 1, 2013, shall also be required to have their final compensation defined as the highest average annual final compensation during a consecutive thirty- six (36) month period, subject to the cap. Unit employees hired before January 1, 2013 will maintain the "single highest year" benefit.

22.3 - F.I.C.A. - Police Unit have voted to withdraw from F.I.C.A., which could result in loss of some Social Security benefits. The City will assist the Union in filing the appropriate federal forms for removal from F.I.C.A. deductions. Payroll will comply upon notification and documentation of approval.

ARTICLE 23 - MISCELLANEOUS BENEFITS

23.1- Life Insurance -The City shall provide a life insurance policy to each employee in the Police Unit in the amount of $50,000.00.

23.2 - Direct Deposit - All Police Unit employees shall be paid by direct deposit of their payroll check into an account of their choice, except those employees who either do not hold an account with a financial institution that offers direct deposit or who do not hold an account of any type and such employees will be required to pay a $10 administrationfee per payroll. It shall be the responsibility of the employee to establish and maintain such account.

23.3 - Computer Loan - Every Police Unit employee shall be entitled to participate in an interest free loan program for the purchase of a computer. The maximum amount of any individual loan shall be equal to one (1) month of an employee's salary. The cumulative amount of loansoutstanding hereunder shall not exceed $20,000. The loan shall be upon the terms and conditions established by the City. These conditions shall include the prohibition against developing, maintaining or storing any department files or department related files or information or any criminal justice files, including but not limited to Megan's Law files and information, on such equipment. Wrongful possession of such information on the equipment shall constitute grounds for discipline up to and including dismissal. For purposes of this section "department files or department related files" are information concerning any individual or group of individuals, developed or obtained in the course and scope of the duties of the owner of the equipment purchased hereunder, or the course and scope of the duties of the provider of the information to such owner, as a law enforcement officer or employee of a law enforcement agency. The definition includes, but is not limited to, information regarding an individual or group of individuals which is not available to the general public, and which is available to the owner of the equipment because, and not necessarily solely because, of their status as a public safety officer.

23.4 - Utility Allowance -Any Police Unit employee who resides within the City shall receive one-hundred-fifty dollars ($150) per month as a discount against the cost of 370

electric and water service during the period of such residency.

23.5 - Deferred Compensation Plan - The City has established a deferred compensation plan under Section 457 of the IRS code. Police Unit employees may participate in this plan at their own expense and at their option. Employees may opt to deposit into their established deferred compensation account, any funds paid to them under any leave pay out provisions in this MOU. Deposits into deferred compensation accounts shall be subject to IRS rules and regulations. The City will match employee contributions up to but not exceeding five percent (5%) of employee’s contributions.

23.6 - Gun Loan - The City has established a loan program for those police officers approved by the Chief of Police who wish to purchase a weapon. Repayment of the loan shall be through payroll deduction. The complete policy is established in Resolution 2005-

66. The cumulative amount of loans outstanding here under is being increased and shall not exceed $35,000.

23.7 - Take Home Vehicles - The City has established a program for those police officers living within forty (40) miles driving distance and cleared for full duty to take home marked police vehicles. The complete policy is established in Departmental Policies 704.9.

ARTICLE 24- LAYOFFS AND RE-EMPLOYMENT

24.1- Purpose -The purpose of this Article is to provide a fair and equitable basis for the reduction in force of full-time classified personnel due to insufficient work or lack of funds.

24.2 - Reasons for Lay Off - The City of Banning retains the right to determine when a lack of work or lack of funds condition exists. Lack of work means that a category of work effort within the City can be fulfilled with fewer employees at a level of service acceptable to the City. Lack of funds means that the City in its sole discretion has determined that it cannot sustain operations at the current level of employment within the funding available. For the purpose of this subsection, the determination of the City shall be binding.

24.3 - Notice of Lay Off - Any lay off initiated under the provisions of this Agreement can take place at any time during the year. The City shall notify the affected employees in writing at least ten (10) working days prior to the employee's last day of work. The City reserves the right to pay the employee for such ten (10) day period or any remaining portion thereof, and to require the employee to immediately vacate City property. A copy of any notice will be forwarded to the appropriate Police Unit representative. Any notice of lay off shall specify the reason for the lay off and the effective date. The form and timing of any such notice shall be subject to the established grievance procedure, provided however, the City's decision to lay off is not subject to the grievance procedure. The date of the layoff shall not be delayed by the pendency of a grievance.

24.4 - Order of Lay Off - Any lay off shall be effective within the job classification or job 371

classifications selected by the City. Once the City has determined which classification or classifications will be affected by the layoff, the order of lay off shall be based on seniority among employees in the classification with "satisfactory job performance." "Satisfactory job performance" as used in this section shall be established when an employee has not more than two (2) overall less than satisfactory evaluations within the past five (5) years.

For purposes of this Article, seniority is defined as the length of uninterrupted service within the classification of employees to be laid off as measured from the date of the layoff notice.

24.5 - Reduction of Class - Any employee who has been designated to be laid off may choose to be reduced in class and compensation if the employee has greater seniority in a class than those employees in a lower class or position.

24.6 - Equal Seniority - If two (2) or more employees subject to lay off have equal class seniority, then the determination as to who has greater seniority shall be based upon total length of uninterrupted service with the City.

24.7 - Reemployment Rights - Laid off employees will be eligible for reemployment under the provisions of the Personnel Rules.

24.8 - Reduction in Work Week - The Personnel Rules authorize the City Council to change or alter the work week by resolution.

24.9 - Probationary Period - The Probationary Period for entry-level Unit members shall be eighteen (18) months and for lateral hired Unit members the Probationary Period shall be twelve (12) months. The Probationary period for Unit members promoted to Corporal or Sergeant positions shall be twelve (12) months. The Probationary period for Unit members, including new hired and promoted members shall be extended on a day-by-day basis if employee is out on extended leave exceeding 3 consecutive scheduled working days.

ARTICLE 25 - GRIEVANCE AND DISCIPLINE APPEALS PROCEDURE

25.1 - Procedure – Subject to the provisions of this MOU, any permanent Police Unit employee who has a grievance, as defined below, or has been disciplined, as defined below, shall be entitled to have the matter reviewed through the procedures outlined in this Article.

This Article shall also include and satisfy all rights which a permanent bargaining unit employee may have under California Government Code Section 3304(b).

25.2 – Definitions - For the purposes of, and subject to the terms, provisions and conditions of, this MOU, “grievance" is defined as a dispute between the employee and the City, or the Union and the City, over the interpretation or application of this MOU, or the second denial of a step increase to an employee. The term "grievance" does not include "discipline" as defined herein.
372

For the purposes of, and subject to the terms, provisions and conditions of, this MOU, “discipline" is limited to any action taken by the City against a permanent Police Unit employee which (1) is punishment or discipline of the employee, (2) will result in a reduction or loss in the employee's salary, (3) is either (i) an involuntary termination from City employment (ii) involuntary suspension from employment without pay, (iii) involuntary move from one (1) job classification to another job classification where the second job classification has a lower rate of pay at the top step than the top step of the job classification from which the employee was moved, or (iv) involuntary reduction in step within a job classification, and (4) is not the result of a lay off or (v) a written reprimand.

25.3 – Informal Step – An attempt shall be made to ascertain all facts and adjust such grievance or discipline on an informal basis between the employee and, if he or she desires, the employee's representative, on the one hand, and the immediate supervisor, on the other hand. Presentation of such grievance or discipline shall be made within fourteen (14) calendar days of the incident causing the grievance or discipline, or the date on which the employee first became aware of it.

25.4 – Step One – If the grievance or discipline is not adjusted to the satisfaction of the employee within fourteen (14) calendar days after presentation to the grievance or discipline to the immediate supervisor, and if the employee or the Union wishes to resolve the matter, the grievance or discipline shall be submitted in writing by the employee or his or her representative to the Police Chief in consultation with the Human Resources Director within the next fourteen (14) calendar days. The Police Chief shall meet with the employee, his or her representative or both within fourteen (14) calendar days of receipt of such written grievance; and deliver his or her decision in writing to the employee, along with reasons for such decision, within fourteen (14) calendar days after meeting.

25.5 – Step Two – If the grievance or discipline is not adjusted to the satisfaction of the employee under the procedures set forth in Sections 25.4 above, the employee or his/her steward may submit the grievance, in writing, to the City Manager, within fourteen (14) calendar days after the completion of the last step under paragraph 25.4 above. The City Manager shall meet with the employee, and his/her steward, if applicable, within fourteen (14) calendar days of receipt of such written grievance, and shall deliver his decision in writing, to the employee, along with the reasons for such decision, within fourteen (14) calendar days after the meeting.

25.6 – Step Three - If the grievance or discipline is not adjusted to the satisfaction of the employee under the procedures set forth in Sections 25.3, 25.4 and 25.5 above, the employee or his/her representative may submit written notice to the City Manager within fourteen (14) calendar days after the completion of the last step under paragraph 25.5 above of his/her intent to submit the matter to arbitration. In matters of interpretation of this MOU, BPOA shall have the exclusive authority to determine whether a grievance shall be taken to arbitration. In disciplinary cases where BPOA may be required to pay for any part of the cost of such arbitration, BPOA may elect to proceed to arbitration. If BPOA does not elect to do so, 373

then the employee may do so at his/her own expense. The procedures set forth below shall be followed for arbitrations:
a. Within seven (7) calendar days of receipt of the written notice, the parties shall request a list of seven (7) arbitrators from the Federal Mediation and Conciliation Service or any other mutually agreeable mediation service. b. Within fourteen (14) calendar days of receipt of the list of arbitrators the parties shall attempt to reach an agreement on an arbitrator. Failing to agree on an arbitrator, BPOA and the City shall take turns striking the names or arbitrators from the FMCS list until one (1) name remains. BPOA shall strike the first name. c. The parties shall contact the arbitrator to arrange for a mutually convenient time and date for the arbitration hearing.
d. The cost of the arbitrator shall be split equally by the City and BPOA. e. All arbitration proceedings shall be recorded. The arbitrator shall be required to provide both parties with a decision and with written findings of fact in support of the decision. The arbitrator’s decision shall be consistent with and supported by the substantive law.

25.6 – Step Four - Within fourteen (14) calendar days after the parties receive the arbitrator's recommendation the opinion of the arbitrator will be final on matters relating to the interpretation or administration of this MOU. Arbitration on discipline is advisory only. If the decision relates to discipline, within fourteen (14) calendar days after the parties receive the arbitrator's recommendation on disciplinary matters, the City Manager shall advise BPOA and/or the employee and the Police Chief whether the City Manager is accepting, rejecting, or modifying the recommended decision. The decision of the City Manager shall be the final decision of the City.

25.7 - Modification of Time Limits -The above time limits may be modified by mutual agreement.

ARTICLE 26-SEVERABILITY CLAUSE

26.1- Severability - If any of the provisions contained in this MOU are determined to be unlawful, then only such provision(s) shall be deleted from this MOU with the remainder of this MOU remaining in force and effect. Upon the issuance of a decision by a Court of Competent Jurisdiction declaring any section of this MOU to be unlawful, unenforceable, unconstitutional, or not applicable, the parties agree to meet and confer as soon as possible concerning only those sections.
374

ARTICLE 27 - COMPLETE AGREEMENT

27.1- Entire Agreement -This Agreement is the entire Agreement between the parties, terminating all prior agreements, whether written or oral, arrangements and practices, and, except as otherwise provided herein, shall conclude all meetings and conferences during the term of this Agreement.

27.2 - Items Not Covered - All terms and conditions of employment not covered by this Agreement shall continue to be subject to the City's direction and control.

ARTICLE 28 - INVESTIGATION DOCUMENTS AND MATERIALS
The City shall continue to maintain investigation documents and material in accordance with its Records Management Program. No. A-28 in the Administrative Policy which was adopted by Resolution No. 2003-26.

ARTICLE 29 - RE-OPENERS
During the term of this MOU, unless otherwise provided, the parties shall not meet and confer with respect to any subject or matter, unless mutually agreed to otherwise.

ARTICLE 30 - RATIFICATION AND EXECUTION
This MOU has been developed as a result of meet and confer sessions between representatives of the City and the Union regarding issues related to wages, hours and other terms and conditions of employment. The City's representatives and the Union have reached an understanding as to certain recommendations to be made to the City Council for the City of Banning and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and benefit resolution which will provide for the changes contained in said joint recommendation. The parties hereto acknowledge that this MOU shall not be in full force and effect until adoption by the Banning City Council.
375

In witness whereof the parties have caused their signatures to be affixed this ______day of ________, ________ (month/year).

Banning Police Officers Unit:

Date: _________________, 2024
Roberto Jauregui, Sergeant Rene Munoz, Sergeant
Eric Campa, Corporal Daniel Deusenberry, Corporal
Samuel Mendoza, Officer
City of Banning Representatives:

Date: ___________________, 2024
Doug Schulze, City Manager Lincoln Bogard, Administrative Services Director Nicole Jews, Human Resources & Risk Manager
Attest:

By: _____________________________
Administrative City Clerk
376

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Scott Foster,
Ralph Wright, Parks and Recreation Director
MEETING DATE: August 27, 2024
SUBJECT: Consideration of Resolution 2024-130, Accepting a Donation from First Industrial, LP in the Amount of $2,500
RECOMMENDATION:

Adopt Resolution 2024-130.

BACKGROUND:

City of Banning Administrative Policy B-27 – Donation to City Funds and Programs/Administration, effective 4/2015 and reviewed on 07/2018, establishes the protocol for acceptance of donations for City programs and services.

Administrative Policy B-27 also establishes the acceptance approval thresholds and per this policy, donations in an amount greater than $1,000 must be approved by the City Council.

The Banning Parks and Recreation Department charges reasonable fees to cover the direct variable program costs of certain Parks and Recreation Programming. To assist the participants that might not be able to participate due to program fee, the City established a Scholarship fund that, when funded, would split 50% of the fee for certain programs for eligible residents of Banning who are designated low to moderate low income.

Interested Banning residents can complete the scholarship fund request application and it is processed in the Parks and Recreation office and provided there is funding in the scholarship fund, they are then able to register for the program at a 50% rate. Eligible residents are able to make two requests for scholarship funds per year.

Donations have been solicited and other fundraising programs have been developed to secure funding for the scholarship fund without increasing General Fund allocations to the department.

Programs potentially covered through the scholarship fund are youth sports, day camps, swim lessons and one day charged events.

Donations such as this one from the First Industrial Trust will ensure that Banning residents will not miss out on recreational programming due to the reasonable program costs.

JUSTIFICATION:

Donations such as this directly and positively impact the Parks and Recreation Services and Programs enhance the City’s offerings and aid in the development and improvement of our community. 377
FISCAL IMPACT:

The acceptance of the donation does not require any matching funding and will allow afford an opportunity for all Banning Residents to participate in Banning Recreation Department Programming.

ALTERNATIVES:

No Alternatives Presented
BUDGETED?:

No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2024-130, Donation Scholarship Fund.docx

2. B-27 - Acceptance of Donations.pdf

3. Banning Parks and Recreation Scholarship Fund Application.docx 378
Resolution 2024-130

RESOLUTION 2024-130

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, ACCEPTING A DONATION TO THE BANNING PARKS AND RECREATION DEPARTMENT’S SCHOLARSHIP FUND FROM FIRST INDUSTRIAL, LP IN THE AMOUNT OF $2,500 WHEREAS, the City of Banning Parks and Recreation Department supports its citizens by offering programs and services that enhance and provide opportunities for socialization and improved health for the community; and
WHEREAS, the Banning Parks and Recreation Department charges reasonable fees for our day camp, youth sports swim lessons and single day programs that cover the direct costs of the programs; and
WHEREAS, the City of Banning does not want anyone to miss out on an opportunity to participate in Parks and Recreation programming because of the program cost; and WHEREAS, the Banning Parks and Recreation Department established a scholarship fund to assist those low to moderate low income customers that would not be able to pay the entire program fee by reducing the fee paid by the customer by 50% and subsidized through the scholarship fund; and
WHEREAS, donations offered for the sole purpose of funding the scholarship fund are appreciated and valued and directly benefit the Citizens of Banning; and WHEREAS, Administrative Policy B-27 Donations to City Funds and Programs/Administration, establishes the protocol of acceptance of donations; and WHEREAS, Administrative Policy B-27 – Donations to City Funds and Programs/Administration establishes that donations of greater than $1,000 must be approved by the City of Banning City Council; and
WHEREAS, the First Industrial, LP, has offered to donate $2,500 for the support of the Banning Parks and Recreation Scholarship Fund and its purpose of assisting the eligible customers with a reduced program participation cost.

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

SECTION 1. Accepting the donation to the Parks and Recreation Scholarship fund from the First Industrial, LP., in the amount of $2,500.

SECTION 2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to donation and its use.

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. 379
Resolution 2024-130

PASSED, APPROVED AND ADOPTED this 27th day of August 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
380
Resolution 2024-130

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-130, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of August 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
381
382
383
384
385
City of Banning Parks and
Recreation Department Youth
Scholarship Program
The City of Banning Parks and Recreation Department offers assistance to Banning Residents through our Youth Scholarship Program. Eligibility in our Scholarship Program gives low and moderate low income residents a 50% discount on program registration fees. Families can enroll by meeting income level restrictions and by submitting documentation of enrollment in other subsidized programs. Scholarships are offered to Youth Sports, Swimming Lessons, Day Camps and single day event programming.

WHO IS ELIGIBLE:

1. Applicants must live in Banning

2. Applicant’s household must have income equal or less than 250% of the current federal poverty level as determined by the U.S. Department of Health and Human Services. Federal Poverty Guidelines 2023
NOTES:
 Eligible residents may apply up to twice per Calendar Year. (Each Program, Day, Season, or Session counts as one scholarship.)  Review of Scholarship and Approval requires a minimum of two weeks prior to each program’s registration deadline date.
 Scholarships are offered on a first come first served basis and only offered if funds are available.

How Do I Apply:

New applicants can apply by downloading an application, filling it out completely, and submitting the application with the supporting income documentation via email to [email protected] or mailing the application and supporting income documentation to:

Scott Foster
P.O. Box 99
Banning, CA 92220
(951) 922-3244
386
City of Banning Parks and Recreation Department
Youth Scholarship Application (Page 1)
Date:__________________________ New Applicant Re-Apply
APPLICANT INFORMATION: (Proof of Banning Residency Required) Parent/Guardian
Name: ________________________________________________________________________ Address: ________________________________ City:_________________ Zip: ____________ Phone Number: (____) __________________ Is this a cell phone Y/N_____ Text Messages Okay Y/N ____
Email Address: ________________________________________________________________ HOUSEHOLD INFORMATION:

1. How many persons are living in your household? (A household is defined as the persons currently living in the address you provided in the information above, inclusive of children and or dependents) ____________________

2. List monthly household income inclusive of all wage-earners living in address listed above:
_____________________________________________________________________________________ _____________________________________________________________________________________

3. List additional monthly income generated from welfare, child support, alimony and/or social security:
_____________________________________________________________________________________ _____________________________________________________________________________________

4. List the total monthly household income $___________________________ (Please provide the last two current copies of source of income, i.e., past paycheck stubs, tax returns)

5. List the name(s) and date(s) of birth of the child(ren) you are requesting a scholarship for:

Child’s Name Child’s Date of Birth Program Desired
_______________________ _________________________ __________________________ _______________________ _________________________ __________________________ _______________________ _________________________ __________________________ _______________________ _________________________ __________________________ _______________________ _________________________ __________________________ 387
City of Banning Parks and Recreation Department
Youth Scholarship Application (Page 2)
I certify that all statements on this application are true and correct and that I can verify this information if requested to do so. I understand that the Banning Parks and Recreation Department Youth Scholarship is a privilege and not a right, and that is subject to the income verification statements submitted by me. I also understand that the scholarship may pay for 50% of my program fees, and I am responsible for paying the balance of the program fees directly to the City prior to the start of the program in which my child is to participate. I understand that if any statements submitted are later determined to be inaccurate, it may immediately terminate my child’s privilege to benefit from this program. I also understand that the availability of youth scholarships are based on available program funds and are awarded on a first come/first served basis.
________________________________________ Date: _________________ Signature of Parent or Guardian
Drop-Off/Mail/Email your application to: Banning Parks and Recreation 789 N. San Gorgonio Avenue
Banning, CA 92220
Email: [email protected]
Questions? Call Scott Foster at (951) 922-3244 or email [email protected] 388

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Scott Foster,
Ralph Wright, Parks and Recreation Director
MEETING DATE: August 27, 2024
SUBJECT: Consideration of Resolution 2024-131, Accepting a Donation from Sun Lakes Charitable Trust in the Amount of $2,000
RECOMMENDATION:

Adopt Resolution 2024-131.

BACKGROUND:

City of Banning Administrative Policy B-27 – Donation to City Funds and Programs/Administration, effective 4/2015 and reviewed on 07/2018, establishes the protocol for acceptance of donations for City programs and services.

Administrative Policy B-27 also establishes the acceptance approval thresholds and per this policy, donations in an amount greater than $1,000 must be approved by the City Council.

The Banning Senior Center and its programming is substantially funded under the Parks and Recreation Budget allocation for the Senior Center within the General Fund and is also supported through donations and fund raising throughout the year.

Sun Lakes Country Club Charitable Trust has been a continuous supporter of the Banning Senior Center and has graciously donated $2,000. The Sun Lakes Charitable Trust made the donation with the requirement that the funds are used for the Senior Center operations. After evaluation of programming, the donation will be used to continue the Happiness Campaign and support monthly events and programming through purchase of supplies or equipment for that purpose. All items will significantly improve and enhance the experience of our senior population that call the Banning Senior Center home.

JUSTIFICATION:

Donations such as this directly and positively impact the Parks and Recreation Services and Programs enhance the City’s offerings and aid in the development and improvement of our community.

FISCAL IMPACT:

The acceptance of the donation does not require any matching funding and will allow for increased programming for the Senior Center without additional General Fund allocations.

ALTERNATIVES:

No Alternatives Presented
BUDGETED?:
389
No
CONTRACT/AGREEMENT:

No
ATTACHMENTS:

1. Resolution 2024-131, Donation Sun Lakes CT.docx

2. B-27 - Acceptance of Donations.pdf
390
Resolution 2024-131

RESOLUTION 2024-131

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

ACCEPTING A DONATION TO THE BANNING SENIOR CENTER FROM SUN LAKES CHARITABLE TRUST IN THE AMOUNT OF $2,000
WHEREAS, the City of Banning Senior Center supports its citizens by offering programs and services that enhance and provide opportunities for socialization and improved health for its senior population; and
WHEREAS, the Banning Senior Center is substantially supported by a General Fund allocation for FY 2023-24; and
WHEREAS, donations offered for the sole purpose of improving the facility or program offerings of the Banning Senior Center are appreciated and valued; and WHEREAS, Administrative Policy B-27 Donations to City Funds and Programs/Administration, establishes the protocol of acceptance of donations; and WHEREAS, Administrative Policy B-27 – Donations to City Funds and Programs/Administration establishes that donations of greater than $1,000 must be approved by the City of Banning City Council; and
WHEREAS, the Sun Lakes Country Club Charitable Trust has offered to donate $2,000 for the support of the Banning Senior Center and its purpose of providing socialization, healthy food and healthy programming for the City’s senior population.

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

SECTION 1. Accepting the donation to the Banning Senior Center from the Sun Lakes Country Club Charitable Trust in the amount of $2,000.

SECTION 2. Authorizing the City Manager or his designee to make necessary budget adjustments, appropriations and transfers related to donation for the sole purpose of programming at the Banning Senior Center.

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 27th day of August 2024.

Alberto Sanchez, Mayor
City of Banning
391
Resolution 2024-131

ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
392
Resolution 2024-131

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-131, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of August 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
393
394
395
396
397

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: August 27, 2024
SUBJECT: Consideration of Resolution 2024-132, Awarding A Professional Services Agreement for the Construction Management and Inspections Services of Charles Street and Lincoln Street Non-Potable Water Booster Stations and Reservoirs Project to TKE Engineering, Inc. in the amount of $910,880 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $1,001,968.

RECOMMENDATION:

Adopt Resolution 2024-132.

BACKGROUND:

The City recently completed the installation of a non-potable water trunk main that will deliver nonpotable water from the newly constructed NP -1 Well located near the Wastewater Treatment Plant (WWTP) to Sun Lakes Country Club (SLCC) located at the west end of the City of Banning. In the future said truck main will deliver recycled water produced at the WWTP.

Two (2) booster stations are needed to achieve the delivery of non-potable water to SLCC. The Charles Street Booster Station will pump non-potable water from NP-1 Well to Lincoln Street Booster Station.

The Lincoln Booster Station will then pump non-potable water to SLCC to be used to irrigate two golf courses.

The construction of the two (2) booster stations will require construction management and inspections services. Due to City staff shortage and special inspection requirements, it is necessary to hire a consultant to carry out construction management and inspection services on behalf of the City.

On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President establishing the Coronavirus State Fiscal Recovery Fund intended to provide support to state, local and tribal governments in responding to the economic impact of COVID-19. The funds were intended to be used for public health emergencies as well as for necessary investments in water infrastructure projects.

On September 13, 2022, the City Council approved Resolution 2022-123 approving a Funding Agreement with the Riverside County in the amount of $5,049,202 for the delivery of Charles Street and Lincoln Street Non-Potable Water Booster Station/Reservoir construction projects. Via said agreement, Riverside County has allocated it’s ARPA funds for these City projects.

On May 10, 2024, staff released a Request for Proposals (RFP) for Charles Street and Lincoln Street Booster Stations and Reservoir Construction Management and Inspection Services on the City’s public 398
bidding platform. The proposals were due on June 4, 2024. In response to the RFP, four (4) proposals were received from the following consultants:

Consultant Score (Out of 100)
1) TKE Engineering, Inc. 81.67
2) Albert A. Webb Associates 80.33
3) Lee & Ro, Inc. 79.33
4) Valley Construction Management 77.00
The scope will consist of construction management and inspection services for the construction of Charles Street and Lincoln Street Non-Potable Booster Stations/Reservoirs Projects.

JUSTIFICATION:

The non-potable water infrastructure projects will provide benefits to the City including reduction in demand for potable water for activities such as irrigation of golf courses and public parks; reduction in energy usage for water treatment purposes; and continuous provision of non-potable irrigation water during drought times.

Staff evaluated the proposals based on qualifications, cost, experience with the requested scope of services and response to the request for proposals. As a result, staff recommend the award of a Professional Services Agreement to TKE Engineering, Inc., in the amount of $910,880.

FISCAL IMPACT:

Staff recommends awarding a Professional Services Agreement to TKE Engineering, Inc. in the amount of $910,880 and approving a 10% contingency in the amount of $91,088 for a total “not-to-exceed” project budget of $1,001,968.

An appropriation from the Water Operations Fund 660 to Account No. 660-6300-471.95-10 in the amount of $1,001,968 is necessary to fund the Professional Services Agreement with TKE Engineering, Inc.

Fund 660 has a cash balance of $23,513,454.

ALTERNATIVES:

Do not approve Resolution 2024-132 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2024-132, Lincoln-Charles Booster Station Agreements.docx

2. Resolution No. 2022-123.pdf

3. Funding Agreement_COR & City of Banning.pdf

4. TKE_Proposal.pdf

5. C01056 PSA for TKE Eng - Booster Station Construction Mgmt.pdf 399
Resolution 2024-132

RESOLUTION 2024-132

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

AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE CONSTRUCTION

MANAGEMENT AND INSPECTIONS SERVICES OF CHARLES STREET AND LINCOLN

STREET NON-POTABLE WATER BOOSTER STATIONS AND RESERVOIRS PROJECT TO TKE ENGINEERING, INC. IN THE AMOUNT OF $910,880 AND APPROVING A 10% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF “NOT-TO-EXCEED” $1,001,968 WHEREAS, the City recently completed the installation of a non-potable water trunk main that will deliver non-potable water from the newly constructed NP-1 Well located adjacent to the City’s Wastewater Treatment Plant to Sun Lakes Country Club (SLCC) located at the west end of the City of Banning; and
WHEREAS, two booster stations are needed to achieve the delivery of non-potable water to SLCC. The Charles Street Booster Station will pump non-potable water from NP-1 Well to Lincoln Street Booster Station. The Lincoln Booster Station will then pump non-potable water to SLCC to be used to irrigate two golf courses; and
WHEREAS, the construction of the two (2) booster stations will require construction management and inspections services. Due to City staff shortage and special inspection requirements, it is necessary to hire a consultant to carry out construction management and inspection services on behalf of the City; and
WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President establishing the Coronavirus State Fiscal Recovery Fund intended to provide support to state, local and tribal governments in responding to the economic impact of COVID-19 including necessary investments in water infrastructure projects; and WHEREAS, on September 13, 2022, the City Council approved Resolution 2022-123 approving a Funding Agreement with the Riverside County in the amount of $5,049,202 for the delivery of Charles Street and Lincoln Street Non-Potable Water Booster Station/Reservoir construction projects. Riverside County is utilizing their ARPA funds to fund the Funding Agreement; and
WHEREAS, on May 10, 2024, staff released a Request for Proposals (RFP) for Charles Street and Lincoln Street Booster Stations and Reservoir Construction Management and Inspection Services on the City’s public bidding platform and received four (4) proposals ranging in score from 81.67 to 77; and
WHEREAS, the scope will consist of construction management and inspection services for the construction of Charles Street and Lincoln Street Non-Potable Booster Stations/Reservoirs Projects; and
WHEREAS, the non-potable water infrastructure projects will provide benefits to the City including reduction in demand for potable water for activities such as irrigation of golf courses and public parks; reduction in energy usage for water treatment purposes; and continuous provision of non-potable irrigation water during drought times; and 400
Resolution 2024-132

WHEREAS, staff recommend awarding a Professional Services Agreement to TKE Engineering, Inc. in the amount of $910,880 and approving a 10% contingency in the amount of $91,088 for a total “not-to-exceed” project budget of $1,001,968; and WHEREAS, an appropriation from the Water Operations Fund 660 balance to Account No. 660-6300-471.95-10 in the amount of $1,001,968 is necessary to fund the Professional Services Agreement with TKE Engineering, Inc.

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

SECTION 1. The City Council approves the Professional Services Agreement with TKE Engineering, Inc. for Construction Management and Inspection Services in the amount of $910,880 and approving a 10% contingency in the amount of $91,088 for a total “not-to-exceed” budget amount of $1,001,968.

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

SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to the Professional Services Agreement with TKE Engineering, 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 27th day of August 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
401
Resolution 2024-132

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, do hereby certify that the foregoing Resolution 2024-132, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 27th day of August 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
402
Resolution 2024-132

Exhibit A
Professional Services Agreement with TKE Engineering, Inc. 403
RESOLUTION 2022- 123

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

APPROVING A FUNDING AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF BANNING IN THE AMOUNT OF $ 5,049,202 FOR TWO NONPOTABLE WATER INFRASTRUCTURE PROJECTS WHEREAS, on March 11, 2021, President Biden signed into law a $ 1.9 trillion economic stimulus bill also known as the COVID- 19 Stimulus Package or the American Rescue Plan Act ( ARPA), with the intent to accelerate the United States recovery from the economic and health impacts of the COVID- 19 pandemic; and WHEREAS, Riverside County' s share of the American Rescue Plan funding is estimated to be $ 479 million; and
WHEREAS, on February 8, 2022, the Riverside County Board of Supervisors approved establishing the ARPA infrastructure funding category in the amount of $82 million which included an allocation of $5,049 ,202 to the City of Banning for two nonpotable water infrastructure projects.

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

SECTION 1. The Funding Agreement between the County of Riverside and the City of Banning is hereby approved; and
SECTION 2. The City Council hereby authorizes and directs the City Manager to execute the Funding Agreement on behalf of the City of Banning.

PASSED, APPROVED AND ADOPTED this 13th day of September 2022.

ATTEST:

Caroline Patton, De
City of Banning
Resolution 2022- 123

Colleen Wallace, Mayor
City of Banning
404

APPROVED AS TO FORM AND
LEGAL CONTENT:

Kevin G. Ennis , City Attorney
Richards , Watson & Gershon
Resolution 2022- 123

405
CERTIFICATION:

I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2022- 123, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 13th day of September 2022 by the following vote, to wit:

AYES: Happe, Minjares, Sanchez, and Wallace.

NOES:

ABSENT:

ABSTAIN:

Resolution 2022- 123

Caroline Patton, De y City Clerk
City of Banning, Californ'i~
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99E.RamseyStreet
Banning,CA92220
442

Prepared For:

City of Banning Purchasing Division
99 E. Ramsey Street
Banning, CA 92220
Contact: Barbara Mason, Purchasing Manager
Phone: (951) 922-3121
e-mail: [email protected]
Prepared by:

TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Steven W. Ledbetter, P.E., Vice President
Phone: (951) 680-0440
e-mail: [email protected]

TABLE OF CONTENTS

PROPOSAL
Section A | Understanding and Approach
Section B | Company Information
Section C | Company Personnel
Section D | Disclosure
Section E | Experience and References
Section F | Price Proposal (Submitted Separately)
Section G | Value Added Services (Submitted Separately) Section H | Evidence of Insurance (Submitted Separately) 443
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
SECTION A | UNDERSTANDING

AND APPROACH
1 . PROJECT

UNDERSTANDING
The City of Banning (City) is requesting proposals to
establish a contract for construction management
and inspection services for the construction of
Charles Non-Potable Water Booster/Reservoir Project
and Lincoln Non-Potable Water Booster Pump
Station/ Forebay TankProject.

Charles Non-Potable Water Booster Station/Reservoir
Project:

Project located on Charles Street will consist of the
construction of a booster pump station designed to
pump a maximum of 1,000 Gallons per Minute and it
will have two (2) vertical turbine, can mounted,
pumps housed in a masonry building including a
diesel fueled emergency engine generator. The NonPotable Water Reservoir will be a 54’ diameter, 27’ high above ground steel tank with a ring foundation.

Lincoln Non-Potable Water Booster Station/Forebay
Tank Project:

Project located on Lincoln Street, will consist of the
construction of a booster pump station designed to
pump a maximum of 1,000 Gallons per Minute, and it
will have two (2) vertical turbine, can mounted,
pumps housed in a masonry building. The NonPotable Water Forebay Tank will be a 24’ diameter, 24’ high above ground steel tank with a ring
foundation.
2 . APPROACH
Successful project delivery is our goal. Our definition of successful project delivery is:

Δ Project Completion that Meets all Project
Requirements and Specifications
Δ Project Completion within Budget
Δ Project Completion on Schedule
Our approach to your project, recognizing that both
cost effectiveness and expedited construction are of
primary concern, dictates that very close working
partnership between the selected consultant, TKE
Engineering and City is vital to successful project
completion. When this is coupled with the various
site and project constraints, it is critical that the City choose a consultant construction manager and
inspector with a proven track record of delivering
water system improvement projects. With a familiar
team of senior level design and construction
professionals, TKE is the right choice for this project.

As mentioned above, our experience tells us that
there must be a proactive approach to completing the
work in order to complete a cost effective, fully
functioning public works project. This approach
includes early identification of critical elements, and development of project schedule and tasks.

Critical elements for the project include project
management, QA/QC, cost control, dispute
resolution, public relations, standards compliance,
and site safety.

The most important key to every public works project
is management. TKE, working closely with the City
staff, will ensure that the project is managed properly to expedite project delivery. Project construction will generate a series of considerations requiring the City
responses. Our close working partnership will lead to
the proper decisions and ultimately fully operating,
cost effective water system improvements.
3 . IMPLEMENTATION
PLAN
Whether the services required are construction,
inspection, city engineering, traffic, survey, planning, or design-related, successful project delivery is our
goal. Our definition of successful project delivery is:

Δ Project Completion that Protects City Interests
Δ Project Completion that Meets All Project
Requirements
Δ Project Completion on Schedule
Δ Project Completion within Budget

IMPLEMENTATION PLAN
TKE’s implementation plan includes the following key
elements which we routinely provide for each of our
projects:
444
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH

P ROJECT M ANAGEMENT
TKE provides effective project management services
to a variety of clients. We have successfully delivered extensive and highly visible water, wastewater, street
improvement, traffic improvement, drainage
improvement, water, wastewater and facility
improvement projects for numerous municipal clients
throughout Southern California. TKE’s approach has
consistently allowed our partner agencies to fulfill
their missions of delivering the best value for the
public’s investment.

TKE’s management approach includes:

MONTHLY PROGRESS REPORTS
TKE documents project progress for all projects
assigned to TKE by a comprehensive project
management summary. The summary includes
project name and related number, description of
progress, budget status, schedule compliance, and
anticipated upcoming accomplishments.

COMMUNICATION
Communications with the City staff is another
important component to effective project
management. In addition to the monthly progress
reports, TKE meets with clients as needed to ensure
the projects are proceeding as anticipated. We
document each discussion or meeting with notes and
electronically mail them to the project team within
three days of the meeting / conference indicating
action items and a schedule for completion of these
items.

RECORD KEEPING
TKE keeps records in an organized filing system both
in hard copy and electronic forms. This organized
filing system allows TKE to access records
immediately should they be needed.

MEETINGS
TKE meets with project stakeholders as needed
including the public, permitting agencies, utilities, etc.

We meet with them at the project’s onset and
throughout the course of project development to
ensure all stakeholder project needs are considered
in the project design. All meeting preparation
(City/Board Staff Reports, agendas, exhibits, slide
shows, etc.) will be prepared by TKE for each meeting.

Again, meetings will be documented. TKE has
provided numerous similar presentations to
Councils/Boards (closed sessions, council meetings,
community meetings, etc.).

TEAM MEETINGS
Team meetings include all parties that have any
interest in the project development. In particular, the City’s Engineering Department and design
consultants will be close working partners with TKE in
project development and environmental compliance
for capital projects. TKE will function as an extension of the City staff in meeting and coordinating with
design consultants, while ensuring accurate minutes
are kept for all pertinent meetings to ensure critical
design decisions are memorialized and adhered to
throughout the construction process.

CIP PROJECT MANAGEMENT
Project management will be an essential element in
all types of project delivery. Effective
communications will lead to effective management.

Management will include weekly reviews of project
budget and schedules and regular meetings with all
project shareholders.

For all projects, the most important aspect of
management will be to ensure that the City’s interests
are protected to the maximum extent possible and
project schedules are met. TKE will ensure that public
funds and impact fees are used for the benefit of the
community. Any deviation from standards and
requirements will be referred to the Engineering
Manager, and TKE will implement direction given by
the City. Maintaining excellent communications will
prevent any project processing misunderstandings
and will avoid project delays. TKE management
techniques always result in efficient project delivery.

Managing other consultants is another area that TKE
excels. Due to our extensive variety of project
experience, specifically in these types of roles, TKE
has a vast amount of knowledge with all public works
improvement projects and operating as owner
representative. With this understanding, TKE is able
to manage others and avoid any costly project
changed conditions and delays.
445
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH

FINANCE AND ADMINISTRATION
TKE is familiar with a number of funding sources for
capital improvement projects. TKE has prepared
numerous applications and administered these funds
for a number of agencies. TKE has extensive
experience with Federal and State funded projects
including the following related to water and
wastewater infrastructure:

Δ Proposition 1 and 68
o Drinking Water SRF
o Clean Water SRF
o Storm Water Grant Program
o Integrated Regional Watershed
Management Program
o Flood Management Program
Δ State Water Board Drinking Water Funds
Δ State Water Board Clean Water Funds
Δ U.S. EPA Clean Water Grant
Δ U.S. Army Corp Environmental Infrastructure
We will apply this knowledge to process current
projects and continue to work with City staff to match
funding streams with proposed capital improvement
projects.

ENVIRONMENTAL COMPLIANCE
Environmental permitting for projects of this nature
may be complex and involve coordination with
multiple jurisdictional agencies, in addition to the
normal CEQA analysis and determination.

Notwithstanding, TKE has experience in successfully
managing Initial Studies, Mitigated Negative
Declarations, and Environmental Impact Reports.

Other projects may require some additional
environmental permit requirements including Clean
Water Act (CWA) Section 404 permits from the United
States Army Corps of Engineers, CWA Section 401 or
Lake and Streambed Alteration permits from the
Regional Water Quality Control Board, Section 1602
Permits from the California Department of Fish and
Wildlife, and potential US ESA Section 7 permitting
from the United States Fish and Wildlife Service.

While environmental compliance wasn’t requested
by the City as part of the scope. TKE has experience in the acquisition of each of these different permit types and can provide excellent management and oversight
to ensure environmental compliance permitting is
implemented, should it be needed.

PROJECT BUDGETS AND SCHEDULING
TKE has extensive experience in monitoring budgets
and evaluating project / construction schedules to
ensure delivery of projects that are within budget and
on-schedule. The evaluation of the budget and
schedule will consist of comparing historical design /
construction phase costs and time frames, best
practices, agency and manufacturer
recommendations, budget and scheduling
requirements against the approved contracts. The
review of this will take into considerations input from Subject Matter Experts (SME), stakeholders, project
plans / specifications, the risk register, and the
approved budget and schedule.

The main reason for the evaluation of the budgets
and schedule is to ensure that resources, equipment,
materials, and staff (personnel, contractors, and
inspectors) are available when needed and projects
delivery meets the City’s requirements. The
availability of personnel, alternate priorities, multiple levels of approval, unfamiliarity with the project,
internal / external politics, and numerous other
factors can impact both the project budget and
schedule. TKE has the experience to oversee the
project budget scheduling with consultants and
contractors to identify potential cost or time overruns and apply corrective action to mitigate any potential
impacts. For example, the motor control center is
expected to have a 12-month or more procurement
timeline. As such, TKE will prioritize this and other
material submittals to ensure they don’t impact the
overall project schedule.

SOFTWARE AVAILABILITY
The TKE team staff are familiar with various
construction and project management software that
we utilize for monitoring budget and schedule as well
as other project factors, including Microsoft Project,
Primavera, Microsoft Word, Microsoft Excel,
AutoCAD, and BlueBeam. Our key personnel also use
SmartSheets, Procore, VPM, Zoom, Microsoft Teams,
Base Camp, SharePoint, and others needed to
implement projects.
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
4 . SCOPE OF WORK
T ASK 1. C ONSTRUCTION M ANAGEMENT

W ORK P LAN
TKE will prepare a Construction Management Plan
(CM Plan). The CM Plan will define the procedures,
staff responsibilities and workflow.

The City utilizes a web-based construction
management system called Virtual Project Manager
(VPM) to receive, transmit, log, track, monitor,
process payments, and create reports for
construction correspondence and documents. Such
construction correspondence and documents
include, but not be limited to daily inspection reports, shop drawings/construction submittals approvals,
contractor’s requests for information, design change
notices, contract change orders, project schedules,
test reports, construction progress photos and other
documents necessary to administer the construction
contract.

TKE will provide CM and inspection services shall
familiarize itself with VPM and utilize it as a basis for construction project management. TKE will submit a
draft CM Plan to the City for review within two weeks
after Notice of Award.

Deliverables: CM Work Plan.

T ASK 2. P ROJECT C OORDINATION
TKE will provide project kick-off meeting, weekly
project meetings, and special meetings as needed,
including but not limited to meetings with the
contractor and/or City staff outside of weekly project
meetings; meetings to coordinate work with the
design consultant’s representatives; meetings to
coordinate the activities of special inspectors and
testing; meetings with utilities; meetings with
jurisdictional agencies and regulators; and, other
meetings as necessary to maintain timely project
progress.

Coordinate and Conduct the Pre-construction
Meeting.

TKE will prepare the agenda and conduct the preconstruction meeting, with input from the City. The agenda shall address all project administration and
reporting procedures, team roles and responsibilities,
maintaining existing facilities in operation and other
procedures to ensure a responsive project.

TKE will record meeting minutes. Distribute typed
minutes to all meeting attendees.

Coordinate and Conduct Weekly Construction
Progress Meetings
TKE will prepare agendas and conduct weekly
construction progress meetings. The agenda shall
include reviewing the contractor's 3-week rolling
schedule, project construction schedule, monthly
updates schedule, status of submittals, requests for
information (RFI), design clarifications, change orders (CO), delays, potential claims, and construction
problem resolutions.

TKE will record meeting minutes and distribute typed
minutes to all meeting attendees no later than the
beginning of the next weekly meeting. The meeting
minutes shall track and record each agenda item
chronologically and include it until it is resolved. The party (or parties) responsible for action items shall
also be noted.

Coordinate and Conduct Project Close-out field
inspections
TKE will coordinate a meeting for stakeholders to
inspect the project near the end of the construction
period. Maintain a log of items requiring further
contractor attention before substantial completion
and final project acceptances can be issued.

TKE will coordinate follow-up meetings as necessary
to resolve outstanding items noted in close-out field
inspections.

Deliverables: Project Meeting Agendas, Minutes,
Attendance and Schedules
T ASK 3. P RE - AND P OST - P ROJECT

P HOTO AND V IDEO D OCUMENTATION
TKE will take pre-construction photographs of existing
site conditions for the Record. Upon completion of
the project, TKE will take post-construction
photographs of the site. Upon completion of
construction, compile both pre and post construction
photos into a report with information that describes
the image subject, date, and location.
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
Deliverables: Project video and photo files in native
format. Pre and Post project photo reports with
captions.

T ASK 4. M AINTAIN D OCUMENT

M ANAGEMENT S YSTEM
TKE will use VPM to organize and share all documents.

We will be assigned a project name, number and
entered in VPM by the City.

TKE will be responsible for organizing, maintaining,
and sharing files through VPM. TKE will be responsible
for providing electronic equipment with access to
wireless internet for jobsite use, such as Microsoft
SurfacePro.

Deliverables: Organize, Maintain, Share Files in
VPM
T ASK 5. C OMMUNICATION AND

C ORRESPONDENCE
TKE will manage and issue field memos to address
field problems as determined by the design team, our
CM team, and the City staff. These shall be reviewed
during each weekly construction progress meeting.

Any Field Memos that have the potential to involve
work outside of the existing contract will be reviewed
by City staff prior to issuing and will also be assigned a Change Order (CO) number in VPM for tracking and
resolution purposes.

TKE’s Construction Manager will develop and
implement any additional written or oral
communication necessary to facilitate the ongoing
construction and documentation of the project.

TKE will track and file all project documentation
including all communications between the contractor
and the designer, and the City staff. In addition, TKE
will facilitate distribution of all projects related
communications to appropriate parties.

Deliverables: Field Memos, Written Communication
T ASK 6. C ONSTRUCTION S CHEDULE

R EVIEW AND M ONITORING
TKE will Review of the contractor’s construction
schedule and monitor progress.

TKE will perform a detailed review of the contractor’s
baseline Construction Schedule to review logic
between activities, key activity durations, stated
resources and verification of the critical path.

TKE will confirm that specified construction
sequencing and schedule constraints, as well as
submittal, procurement, testing and startup, and
closeout activities are included for contract work.

TKE will provide a monthly review of updated
construction schedules and compare to daily report
records to confirm that they are current including
incorporating change order work.

TKE will evaluate legitimacy of contractor requests for time extension, delays caused by City, Contractor, or
outside of both parties’ control, and guide City staff in resolving time and delay-related issues.

Deliverables: Review Contractor Schedule.

T ASK 7. S UBMITTAL R EVIEW

M ANAGEMENT
TKE will manage, coordinate, and review contractor
submittals.

TKE will request the construction contractor to
provide a submittal schedule for our review. TKE will
review the submittal schedule to identify critical path items, provide suggested corrections, and ensure the
schedule comprehensively addresses contract
requirements.

Through VPM, TKE will maintain a log to track and
process all submittals including shop drawings, O&M
submittals, samples, warranties, certifications,
schedules, testing and startup plans and other items.

We will review the submittal schedule with City staff
to determine which submittals should be prioritized
for review by City staff, the design team, or others.

TKE will check each submittal for completeness and
note where the submittal proposes an equipment
substitution from the design documents. We will
transmit complete submittals to City staff or design
team, as appropriate, for review. TKE will review
comments to selected submittal with City staff prior
to returning to the contractor.

TKE will discuss submittal status at each weekly
construction meeting. Submittals becoming due or
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
overdue shall be identified and discussed. As
appropriate, pre-submittal meetings with the design
team, contractor and supplier/manufacturer shall be
conducted to facilitate long lead-time equipment
submittal preparation and approval.

Deliverables: Comments to contractor submittal
schedule, Processed submittal reviews.

T ASK 8. C ONSTRUCTION M ONITORING ,

O BSERVATION , I NSPECTION , AND

T ESTING
TKE will monitor the contractor’s work for compliance
with contract document requirements during
construction, provide necessary personnel,
coordinate special inspection and testing, and
coordinate design team construction observation (by
others).

TKE will document the contractor’s daily work
activities through preparation of daily construction
reports and logs. Each daily report shall document
work completed, contractor manpower and
equipment, weather, visitors to the site and other
pertinent information. Logs shall include immediately
available results of field testing.

We will consultant shall verify all certification records are received from the construction contractor
completed by the proper personnel having inspected
and tested equipment as stated in the specifications.

TKE will take still digital photos and video records shall be taken of work progress to document the
contractor’s work. Photos shall be annotated in
reports with subject, location, date/time taken.

Deficient work will be identified, tracked and
corrected by our team.

TKE and our subconsultant’s will provide special
inspection and testing for construction monitoring of
the projects. TKE and team will provide the necessary
personnel to perform the testing and special
inspection. TKE’s Construction Manager will be
responsible for coordinating and scheduling these
services, providing field directions, ensuring the
timely distribution of test results to the appropriate
recipients, and securing final reports for each service.

In addition, TKE’s general construction inspection will be in compliance with the contract documents,
including conformance to City requirements, perform
the following specific electrical inspection services for industrial power distribution and control system
automation related work for the two projects. Major
equipment to be inspected include, but are not
limited to: switchboard, panelboard, motor control
center, metering equipment, motors, electrical duct
banks and raceways, lighting, manholes and
handholes, junction boxes, grounding and bonding,
Uninterruptible Power Supply (UPS’s),
instrumentation, control, and associated wiring and
conduits installation. Provide field commissioning
support for acceptance testing of electrical
equipment according to NETA (National Electrical
Testing Association) standards, instrumentation loop
checks, inspection of rotating electrical machinery,
and verification of protective device settings against
approved coordination study. TKE’s team will provide
quality control and perform quality assurance
inspections to ensure materials and installation
methods are in compliance with National Electrical
Code (NEC), NETA, Institute of Electrical and
Electronics Engineers (IEEE), Contract drawings and
specifications, City’s standards, and industry best
practices.

Deliverables: Daily Construction Reports, Construction
Photos, Non-Conformance Reports.

T ASK 9. NPDES C OMPLIANCE
TKE will monitor and document the contractor’s
compliance with the temporary and permanent
stormwater controls and all other permit
requirements in the Contract Documents for the two
booster stations construction sites. This includes
Water Quality Management Plan (WQMP), Storm
Water Pollution Prevention Plan (SWPPP) and other
stormwater Best Management Practices (BMPs)
requirements.

TKE will provide a Qualified SWPPP Practitioner (QSP)
to perform weekly inspections to ensure that
specified BMPs within the SWPPP are maintained
including project reporting into the SMARTS system.

We will support the City’s Qualified SWPPP Developer
(QSD) in performing periodic inspections to ensure
compliance with NPDES requirements.
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SECTION A | UNDERSTANDING AND APPROACH
Before, during and after a qualifying rain event, TKE’s QSP will perform BMP visual inspections of BMPs and
document findings. Runoff samples will be taken
where stormwater is leaving the sites or where BMPs
are compromised.

Deliverables: SWPPP Reporting Logs, BMP Daily Logs
T ASK 10. R EQUEST FOR I NFORMATION
(RFI) M ANAGEMENT
TKE will maintain a log through VPM for all contractor
Requests for Information (RFI). We will coordinate the
RFI process with potential change orders and
establish an individual change order number and file
so that each item involving extra work is properly
tracked and the City staff is kept informed and can
approve all change order work in advance.

Deliverables: RFI Logs in VPM
T ASK 11. C HANGE O RDER (CO)

M ANAGEMENT
TKE will Manage Change Order Requests and provide
recommendation to City staff.

TKE will receive and log change order requests from
the contractor.

TKE will assign a Change Order number in VPM, to
facilitate tracking and filing, to all change order
requests and quotations as directed by City staff and
the design team. TKE will coordinate with the design
team the preparation of any revised specifications
and/or sketches needed to define the scope of the
extra work. TKE will provide daily verification of
changes performed on a time-and-materials basis.

TKE will verify that the contractor’s requested price,
and potential schedule impacts associated with
potential change orders are fair, reasonable, and
accurate.

TKE will recommend acceptance or rejection of the
change order to City staff. If there is disputed extra
work, coordinate with City staff, the design team and
the contractor until the item has been satisfactorily
resolved. If it is not resolved, TKE will track the item as a potential claim. TKE will prepare a Monthly Status Report that includes change order status.

Deliverables: CO Log in VPM, Evaluations of Change
Order Impact on the Construction Schedule, Change
Order Cost Estimates, Monthly Status Reports.

T ASK 12. M ANAGEMENT OF P ROGRESS

P AYMENTS
TKE will review contractor progress estimates and
provide recommendation to the City.

TKE will compare the contractor’s monthly progress
payment request to the bid schedule and the
Construction Management daily and weekly report
records to confirm that the requested compensation
is consistent with the work completed.

TKE will provide confirmation of "materials on hand"
by checking materials stored on site with paid invoice
or purchase order records.

TKE will provide confirmation of contract change
order work, record drawings, and construction
schedules.

TKE will recommend to City staff the monthly
progress payment amount and prepare the
Document for approval signatures routing in VPM.

TKE will include a copy of the monthly progress
payment summary in each Monthly Status Report.

Deliverables: Review Contractor Progress Payment
Requests.

T ASK 13. C LAIMS AND D ISPUTES

R EVIEW
TKE will discuss extra work and claims during each
weekly meeting. We will Track any disputed work
items and attempt to resolve the issue.

TKE will provide complete documentation, review of
merit/entitlement, a claims response strategy, and
cost analysis for the City staff review.

Deliverables: Claims and Disputes Analysis Reports
and Supporting Documentation.

T ASK 14. P ROJECT C LOSEOUT

C OORDINATION
TKE will conduct a final walkthrough with the City, the design team and the contractor to develop a final
punch list. Items remaining from preliminary punch
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SECTION A | UNDERSTANDING AND APPROACH
lists and any uncompleted non-conforming work
reports will be added to the final punch list.

When the work is completed and all outstanding
paperwork has been submitted (warranties, stop
notice releases, equipment certifications, record
drawings, O&M manuals, training documents, etc.),
TKE will process the final payment request,
recommend for project acceptance by the City, and
assist with the filing of the Notice of Completion with the County Recorder.

TKE will prepare an estimate of the value of the punch
list work so that any items the contractor does not
complete can be deducted from the final payment
due the contractor, as required.

TKE will provide all field office files including email correspondence, photographs and other items to the
City.

Deliverables: Completion Punchlist
T ASK 15. R ECORD D RAWINGS R EVIEW
TKE will review the contractor-maintained redline
markups of the contract drawings showing all change
order and RFI items.

Each month before progress payment approval, TKE
will review the contractor’s set of marked up
drawings to ensure that they are complete.

TKE will reconcile the inspector’s markups with the
contractors at the end of the project and provide
them to the design team for back drafting and
delivery to the City. It is understood and agreed that
only the contractor's set of marked up drawings will
be the Record Drawings set.

Deliverables: Project Drawing Markups.
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
5 . PROJECT SCHEDULE
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
6 . WHAT WE REQUIRE

FROM THE CITY
TKE requires a partnership with the City in delivering
these critical water supply infrastructure projects. To that end, we will require support from the City on the
following items:

Δ Issuing encroachment and building permits
to the contractor in a timely manner;
Δ Review and confirmation on TKE’s proposed
responses to RFIs and change orders prior to
issuing to the contractor to ensure project
delays are minimized; and
Δ Coordination with City water operations
staff on required shut-downs to
accommodate connections with the new
boosters.

We will work with the City at every step to ensure
successful project delivery. We will use this
opportunity to show our expertise and develop a
trusted partnership in successfully delivering CIP
projects for years to come.
7 . QUALITY

ASSURANCE/QUALITY

CONTROL
TKE takes pride in our reputation for thoroughness,
rapid turnaround, cost efficiency and overall quality
of work, and believes that a high level of quality is
needed on all construction progress. High quality
construction management and inspection services
yields the following tangible results:

Δ Ease of Oversight
Δ Smoother Processing
Δ Minimized Construction Support Cost
Δ Minimize Change Orders
Δ Reduced Claims and Dispute Resolution Costs
TKE’s quality assurance program is vital to successful
project completion. Our quality assurance program is
one that is applied inherently throughout the entire
construction process and all decision-making
activities. This program requires not only formal
procedures for checking at each intermittent project
task, but encourages the conscientious effort of
experienced people to always “create quality” in
every task performed throughout the construction
process.

This program has become a natural element in all
aspects of TKE’s oversight and management activities,
and will guide our work on this contract:

Δ Staff Training and Development
Δ Assignment of Experienced Staff
Δ Continuity of Staffing
Δ Project-Specific Construction
Management Work Plan
Δ Schedule Compliance
Δ Comprehensive Field Review
Δ Strict Construction Compliance
Δ Established Review Procedures
Δ Established Detailing Standards
Δ Established Checking Procedures,
Including Independent In-House QA/QC
Review
Δ Dual (Independent) Quantity Verification
Δ Review by Constructability Expert
This Quality Assurance/Quality Control program is in
place to ensure that construction will be completed in
a manner that exceeds the standards of our clients
and that we will deliver the project on schedule and
within budget.
8 . COMMON

CHALLENGES

S TRICT C ONSTRUCTION C OMPLIANCE
In order to ensure cost controls and maintain project
budgets, it is imperative that the City employ an
experienced Construction Management Team. Our
construction manager and inspector have
consistently delivered projects on-time and within
budget by maintaining an active dialogue and hands
on approach with the project contractor, while
ensuring that all construction is consistent with the
bid plans and specifications. We are currently a
completing construction management on other
booster and storage projects which makes us familiar
with applicable standards and specifications,
including but not limited to the City, the California
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
Department of Public Health, AWWA, and
Greenbook.

D ISPUTE R ESOLUTION
TKE’s construction manager is highly skilled with and
has provided dispute resolution on a number of past
projects. The keys to avoiding potential costly and
time-consuming disputes are knowledge,
communication and organization. Our construction
manager prides himself on his thorough research and
review of the project plans and specifications and his
existing knowledge and understanding of the City,
AWWA, Caltrans, Greenbook and other standard
plans and specifications. His effective
communications skills ensure that all stakeholders are
constantly advised of project progress and
requirements. His proactive organizational program
effectively manages the construction schedule,
documents action items with required follow-up and
continuous schedule reviews and anticipate needs for
future action items. Our project manger’s ‘can do’
approach to all project issues nearly always results in resolution. He is non-combative with all project
stakeholders, maintaining professional working
relationships with each stakeholder regardless of
conflict. His perseverance and vast knowledge and
experience of issues will resolve challenges while
protecting the City interests.

P UBLIC R ELATIONS
TKE’s Construction Inspector is experienced with
public relations associated with construction
projects. TKE performs initial site visits to all
potentially affected properties to discuss the
upcoming project and any potential concerns the
property owner and/or tenant may have. TKE
identifies improvements that will benefit the property
owners to help them understand the importance of
project construction. Our approach builds a project
coalition with the property owners and tenants which
reduces public complaints at Council Meetings and
provides a sense of ownership with the project. TKE
Construction Inspector also perform routine visits
during construction to check on the property owners
concerns and to see if there are any issues that need
to be mitigated.

U TILITY C OORDINATION
Removals, relocation and adjustments to existing
utility facilities will require considerable effort and time. TKE has extensive experience with the
coordination required for removing and relocating
existing utilities and ensuring the relocations do not
conflict with the project construction schedule. The
key element to minimizing utility relocation impacts is early coordination with each of the affected utility
companies and persistent follow up procedures to
ensure the relocations stay on schedule. TKE will
work with the contractor to ensure all alignments and
proposed connection powts are potholed and that no
existing utilities conflict with the proposed pipeline
alignments exist. If conflicts arise during potholing,
TKE is familiar with design requirements and can
recommend corrective measures to help ensure the
project stays on schedule and within budget.

F UTURE S YSTEM I NTEGRATION
One of the critical issues with designing a booster
station to meet current and future demands. The
proposed booster stations have been designed to
accommodate additional pumps in the future to aid in
moving water between pressure zones. In addition,
the use of VFD will provide additional operational
flexibility. Our experience in water system design
allows us to avoid the common challenges which may
occur; such as undersized piping and lack of adequate
floor space for future expansions to the boosters,
mechanical piping, and electrical system. TKE will
monitor for potential constraints and ensure the
boosters will be efficient to operate and maintain and
cost effective now for future expansion needs.

Overlooking these seemingly simple issue can cause
extensive changes and costs in the future. We know
these issues and have proven methods to avoid them.

P ROJECT M ANAGEMENT
Project management will be an essential element in
all types of project delivery. Effective
communications will lead to effective
management. Management will include weekly
reviews of project budget and schedules and regular
meetings with all project shareholders.
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
For all projects, either development or capital
improvement, the most important aspect of
management will be to ensure that the City’s interests
are protected to the maximum extent possible. TKE
will ensure that public funds and impact fees are used
for the benefit of the community. Any deviation from
standards and requirements will be referred to the
City Engineer and TKE will implement direction given
by the City staff.

Managing other consultants is another area that TKE
excels. Due to our extensive variety of project
experience, TKE has a vast amount of knowledge with
all public works improvement projects. With this
understanding, TKE is able to manage others and
avoid any costly project changed conditions and
delays.
9 . CITY OWNED

FACILITIES
TKE will not require the use of any City owned
facilities to complete the project.
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION B | COMPANY INFORMATION
SECTION B | COMPANY

INFORMATION
TKE proudly serves or has served Municipal Agencies
with a variety of engineering services including
construction management, inspection, specialty
inspection and materials testing for numerous water
systems and wastewater systems conveyance and
storage improvement projects. TKE’s experience
includes project delivery from conception to
completion. All of the professional services discussed
are services we effectively provide routinely.

TKE and our team continue to provide numerous
municipalities and agencies with construction
management, inspection services, materials testing
and staffing for every facet of water and wastewater
projects. In addition, we have worked on multimillion-dollar regional mega projects for a variety of government agencies. TKE recognizes the importance
of staffing based on a client’s need and workload. Our
flexible support and qualified staff enable our clients to serve their constituents in a cost effective and
efficient manner. We request that you verify our
qualifications with the agencies presented in our
proposal.

CONSTRUCTION MANAGEMENT
Construction management is a service that
implements specialized, project management
methods to manage the design, construction and the
planning of a project, from bidding through
completion. Managing this project successfully,
involves a large knowledge base which our team
possess. Quality management begins with an indepth understanding of the project requirements and governing contract documents. Therefore,
involvement in the bid administration and preconstruction activities are important. Likewise, a true evaluation of potential risks and understanding of
safety, budgetary and schedule implications is critical.

Activities include construction oversight, inspection,
special inspection, materials testing, construction
surveying, contractor interface and contract
administration, coordination of District inspections
and acceptances, coordination of utility relocations,
office engineering, and project close-out.

TKE Engineering, Inc. | AT A GLANCE
City/District Engineer
TKE is the City Engineer in 6 Cities/Districts
Staff Augmentation
TKE currently provides Staff Augmentation in
10 Cities / Counties / Districts
Municipal On-Call Contracts
TKE currently provides Civil Engineering
Design, Project Support, and Survey services
for more than 30 Cities / Counties / Districts
throughout Southern California
Size of Organization
55 Professional Construction Managers,
Inspectors, Engineers, Project Managers,
Surveyors, Plan Checkers, Designers, and
Support Staff
Location of Office
TKE Engineering, Inc. (Primary Office)
2305 Chicago Avenue
Riverside, CA 92507
Years in Business
TKE has conducted business for the past 24
years and has 24 years of experience in
providing water and wastewater system
construction management and inspection
services, including booster stations, lift
stations, wells, reservoirs, and treatment
systems for municipal client projects
Company Structure
TKE is a California Corporation founded in
June 2000. TKE has no affiliates or subsidiary
companies. California Business License
Number: 00109901 TKE DIR No. 1000413173
Firm Owners
Michael P. Thornton, P.E., P.L.S., M.S. –
President
Terry M. Renner, P.E., P.L.S., Q.S.D. –
Senior Vice President
Steven W. Ledbetter, P.E. - Vice President
City of Banning
Point of Contact
Steven W. Ledbetter, P.E.

Vice President
2305 Chicago Avenue
Riverside, CA 92507
Phone: (951) 680-0440
Email: [email protected]
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION B | COMPANY INFORMATION
For complex projects, the Construction Project
Manager can have over 120 responsibilities. Proper
organizational skills and experience with similar
construction projects is important to ensure that the
Construction Project Manager and Resident Engineer
can fulfill all of the requirements and responsibilities of the job. Key areas of responsibility include
planning, budget, schedule, quality control, safety
and contract management. With multiple project
components, communication protocol is a key to
project success. Coordination through the City with
the multiple contractors will be required. Our project
team personnel have extensive familiarity with City,
County of Riverside, AWWA, State Water Board,
RWQCB, AQMD, SCE, Standard Plans, Standard
Specifications for Public Works Construction and
more. Our team works with these applicable
standards and manuals on a routine basis, as well as
the capability to meet the Project requirements and
fulfill anticipated responsibilities.

Our team has specific experience in every element
necessary for the City’s Booster Station Construction
Management and Inspection project. This includes
construction of reservoirs, booster stations, potable
transmission and distribution main installation,
community outreach and education for large projects,
drainage crossings, tracking of earthwork for quantity
payouts, NPDES management best management
practices installation, and other regulatory
compliance factors.

TKE has managed publicly funded construction
projects throughout our history. The breadth of
experience and technical skill of our staff enable us to manage a wide variety of projects, ranging from major
infrastructure to the restoration and rehabilitation of treatment plants. TKE has routinely performed
administration of the contract (general contract
administration and oversight of project), provided
Resident Engineering services, constructability
reviews on project documents, managed
preconstruction and weekly progress meetings,
coordinated with contractors, including multiple
contractors simultaneously, coordinated with design
engineers for design changes and corrections,
coordinated with the project inspector, reviewed and
responded to RFI’s, reviewed weekly statement of
working days, reviewed quantities for monthly
progress payments, reviewed extra work tickets and
assessed them for justification within the contract
requirements, process control documents,
submittals, change orders, and work change
directives, prepared and performed contract change
orders and negotiations, coordinated with residents
and businesses throughout construction process,
performed public outreach, represented municipal
clients with other agencies at numerous meetings,
represented engineering with the client’s council or
board and other public meetings, managed
engineering budgets and project schedules,
documented environmental compliance, prepared
and acquired right-of-way, coordinated utility
relocations, acquired and managed permits from
numerous agencies, including RWQCB, South Coast
AQMD, Riverside County Flood Control, U.S Army
Corps of Engineers, California Department of Fish and
Wildlife, and many others, managed numerous
funding programs through the State Water Board and
various other State and Federal funding agencies.

TKE has extensive experience with providing
construction management services on all types of
public works projects. We are extremely familiar with
the City’s Standards, Greenbook, requirements of
plans and specifications, and California public
contract code in relation to construction projects and
various related work. We ensure that all work is
completed in accordance with funding contract
specifications, terms, conditions, state and federal
laws and regulations, and client policy. Our
construction management portfolio includes:

Δ Potable and Recycled Water Mains
Δ Reservoirs
Δ Pump Stations
Δ SCADA and Communications
Δ Storm Drains and Channels
Δ Street Widening Projects
Δ Grading and Retaining Walls
Δ Retention and Detention Basins
Δ Filtration Systems
Δ Lift Stations
Δ Treatment Plants
Δ Sanitary Sewer Gravity and Force Mains
Δ Bridge Widening
Δ Sidewalk Repair and ADA Compliance
Projects
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION B | COMPANY INFORMATION
Δ Conventional and Rubberized Pavement
Rehabilitation Projects
Δ Signal Interconnection
Δ Traffic Signal and Striping Projects
Δ PCC Paving Projects
Δ Signing and Striping
Δ Bus Transfer Stations
Δ Parking Lot Projects
Δ Parks and Other Public Facilities
Δ Site Improvement Projects
Δ Major Infrastructure Projects
Δ Reconstruction and Rehabilitation
TKE’s construction management services are
enhanced by integration with our knowledge and
background of civil engineering and surveying to
facilitate and ensure all construction projects
managed by TKE will operate safely and efficiently.

INSPECTION
TKE and our project team, provides experienced,
highly qualified staff with significant technical
expertise and strong public relations skills for
inspection services. All of TKE’s inspectors have a
background within design and construction, enabling
TKE to provide well rounded inspectors capable of
understanding the requirements to construct a
project and capable of identifying potential change
orders and design deficiencies before they occur. TKE
is fully capable of providing staff on a full-time, parttime, on-call or interim project basis. Please refer to our project team, together with our corporate
resumes to verify our team’s technical ability to
deliver these services.

TKE has provided similar services to those requested
here for a number of different agencies and TKE
understands that the City has its own development
and capital improvement standards that were
developed to meet the needs of your community. TKE
has a thorough understanding of these standards
together with the needs of the community. For each
project that TKE is assigned, TKE will verify
compliance with all applicable standards.

Furthermore, with our extensive experience in other
jurisdictions, TKE will be able to recommend
improvements to these standards to ensure
expedited project delivery and enhanced public
infrastructure. Our inspection portfolio includes:

Δ Daily review and documentation of
construction activities (daily reports and
digital photo of significant issues and
milestones)
Δ Monitor Contractor’s daily labor force for
compliance with state & federal labor laws.

Δ Field verification of traffic control procedures
and consistency with approved Traffic
Control Plan
Δ Coordinate with agencies and different
stakeholders to ensure smooth progress of
construction activities
Δ Monitor project schedule
Δ Verify quantities and assuring quality control
Δ Field observations of construction activities
Δ Maintain complete and accurate project
records
Δ Review and recommend approval/
disapproval of monthly progress pay
estimates
Δ Verify NPDES and SWPPP compliance
Δ Prepare weekly statement of working days
Δ Review RFI’s, change orders and progress
payments
Δ Coordinate punch list and as-built plans
Δ Ensure that materials and completed work
comply with plans specifications and design
criteria
Δ Implement security procedures
Δ Issue notices for safety concerns and
violations
Δ Coordinate with survey, material testing and
other construction consultants
Δ Review and ensure compliance with control
documents, submittals, RFI’s, change orders,
and work change directives
Δ Preparation of punch list
Δ Coordinate project closeouts activities which
include staff report, Notice of Completion,
release of retention, warranty walk, and
archiving documents.
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
SECTION C | COMPANY

PERSONNEL
TKE fully recognizes the City of Banning’s concern for
high quality, timely performance, and precise
communication when utilizing the services of a
consultant. Each project conducted by TKE is
managed and staffed by a project team assembled to
meet the specific needs of the project. TKE has
assembled a highly qualified and experienced project
team, which we believe will best serve your needs and
is capable of meeting the milestones set forth in the
RFP.
1 . PROJECT TEAM
Michael Thornton, P.E., L.S.

Principal-In-Charge
P.E No. 44226
L.S. No. 6867
Mr. Thornton, TKE’s President, is
in charge of all TKE projects. He
has over 34 years of experience in engineering
planning, design, land surveying and construction
management for public works projects. He has
worked on a variety of public works engineering
projects including water and sewer improvements,
street improvements, park improvements, bike trail
improvements, drainage improvements, and
reclaimed water system improvements projects. Mr.

Thornton is responsible for managing including
funding administration, planning, evaluating, and
designing these projects and has provided
construction engineering and surveying services for
many of these same projects
Steven W. Ledbetter, P.E.

Construction Manager
P.E No. 84044
Mr. Ledbetter has over 22 years
of professional experience in the
civil engineering industry and will
serve as the Construction
Manager for the project. He has handled various
critical and challenging projects from planning
through design and implementation; all while
ensuring that projects are executed as per
specification in the stipulated time with quality. He
has a well-rounded background with experience in:
preparation and analysis of water treatment plant
plans and specifications including potable and nonpotable water, wastewater, and drainage; utility master planning including computer modeling,
analysis, and report preparation; waste water and
water supply planning including feasibility studies,
urban water management plans, water supply
assessments and verifications; storm water
compliance reporting including water quality
management plans and storm water pollution
prevention plans, permitting and grant
writing/administration for various State and Federal
agencies.

Terry Renner, P.E., L.S., Q.S.D.

Resident Engineer
R.C.E. No. 69984
P.L.S. No. 9762
Q.S.D. Certification No. 24329
Mr. Renner has over 24 years of
experience in construction
management of wastewater and water projects,
including civil, structural, mechanical, electrical and instrumentation components. He will be responsible
for overseeing this project and proactively ensuring
adequate quality control and quality assurance
practices are being implemented throughout its
duration. Mr. Renner carefully implements inventive
risk management and conflict resolution strategies.

Marvin Lara, E.I.T.

Assistant Resident Engineer
Mr. Lara is an Assistant Resident
Engineer of TKE and has 7 years of
experience in civil engineering
infrastructure projects, including
transportation improvements, drainage
improvements, sewer and water improvements,
facilities improvements, recreation improvements,
and construction methods. As a Assistant Resident
Engineer, Mr. Lara has been responsible for
assistance in supervising a staff of inspectors,
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
construction coordination and scheduling, utility
relocation coordination, public relations, submittal
review, coordination with subconsultants, weekly
progress meetings, request for information
responses, storm water management, progress
payments, change order review and negotiations,
labor compliance, and project closeout
Brad Enscoe
Resident Inspector
Mr. Enscoe has over 15 years of
experience in construction
management of wastewater and
water projects including civil,
structural, mechanical, electrical
and instrumentation components. He is extremely
detail oriented and an expert in inspecting against
contract documents. He is also experienced in
utilizing various electronic document controls
systems as well as productively directing conversation
in the field to mitigate and manage conflict.

Nelson Blackwell, C.P.I.I.

Specialty Inspector
Mr. Blackwell has over 8 years of
experience providing inspection
services for capital projects to
several agencies throughout
Southern California. His services
include but are not limited to site grading, sewer and
waterline installation, street paving, American
Disabilities Act (ADA) improvements, underground
infrastructure, utilities installation, steel
reinforcements, concrete and masonry,
path/retaining walls, and parking lot installation.

Additionally, he is skilled in understanding project
plans and specifications, accessing applicable code,
maintaining good and proper relationships with
project stakeholders and contractors, and helping to
prepare final project documents. Mr. Blackwell has
prepared daily inspection reports, developed
construction photo logs, verified compliance with
contract documents and approved project submittals,
and verified public safety compliance.

Mike Counce
Electrical Specialty Inspector
Mr. Counce is certified journeyman
electrician and has 17 years of
commercial and residential
experience. He is adept in
performing electrical installations,
maintenance and repairs in homes, schools, hospitals
and plant facilities; knowledgeable in all areas of the national electrical code; and excels in analyzing and
solving problems with various electrical controls and
systems. His experience includes electrical systems
and controls, installations and maintenance,
electromechanical repairs, blueprints, schematics,
generators, transformers, switches, circuit breakers,
electrical code, safety, wiring diagrams,
troubleshooting, testing instruments, motors and
conduit.

Mr. Counce served as journeyman electrician or
apprentice on more than 100 new home construction
projects as well as dozens of major commercial
projects. He earned a reputation for expertise in
complex troubleshooting and problem resolution. He
also gained extensive experience in analyzing and
following manuals, schematic diagrams, blueprints
and other specifications and mastering the use of
measuring/testing instruments such as ammeters,
ohmmeters, voltmeters and testing lamps
2 . SUBCONSULTANTS
Linkture Consulting
Engineers was formed in
1992 and offers a full range of electrical and control
system engineering services to Engineers, Private
Industries, Contractors, Federal and State
Government and Municipalities. Their firm has
acquired its qualifications through the many years of
specialized experience of our professional staff. These qualifications include technical competence in
organizational analysis; familiarity with clients’
financial, planning, and related business systems;
broad-gauged analytical ability; and professional
independence, objectivity, and integrity.
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Their services include evaluations, studies,
engineering, design, and construction-related
services for water and wastewater facilities such as
water reservoirs, pump stations, lift stations, and
wastewater treatment. Additional services related to
water and wastewater facilities include odor control,
corrosion control, and flow monitoring. They also
provide Information Technology (IT) services, which
include hardware and software assessment, design
for the wide-area network (WAN), local area network
(LAN), servers, and client workstations. Their services also include computer and network security, Internet
and web site development, telecommunications, and
programming services.

Linkture has been in business as an Electrical
Engineering and Consulting firm for over 30 years
mainly in the water and wastewater industry. We
have also served other industries such as commercial,
computer/data centers, manufacturing, process, and
food industry and wireless telecommunication
industry. More than ninety percent of Linkture’s work
is in the water and wastewater industry.

Aragón Geotechnical Inc. (AGI) is
a highly qualified geotechnical and
construction materials testing firm
with significant experience in
providing services similar to those being requested.

AGI is committed to providing geotechnical, materials
testing, and construction field inspection services
with a superior degree of professional excellence and
proficiency. We offer clients individual attention and
provide innovative solutions at a competitive cost.

AGI traces its roots to the year 1973, followed soon
after by the establishment of the present
headquarters office in the Woodcrest area of
Riverside County. The firm will apply decades of
experience acquired by talented professionals in the
fields of geotechnical engineering, engineering
geology, hydrogeology, earthquake engineering, and
materials engineering and testing to the project team.

AGI has endeavored to obtain specialty certifications
reflective of high degrees of staff training and wellmaintained equipment. AGI holds the following accreditations:
• AASHTO Resource (Formerly AMRL) -
Attached is a copy of AGI’s AASHTO
Accreditation.
• CalTrans (California Department of
Transportation) - Attached is AGI’s Caltrans
Laboratory Accreditation.

Furthermore, AGI’s Materials Testing Services is
consistent with Caltrans QAP assurance on any public
work projects in accordance with project contract
documents and applicable ICC, CBC, ASTM, ACI,
AASHTO standards, MWA ordinances, regulations,
laws and good building practice.

CSI Services (CSI) is a
corporation formed in 2004 that
provides services as a consulting
engineering firm specializing in
protective coatings and linings with specific expertise in water storage tank projects. The management
team, with more than 60 years of combined coating
expertise is committed to the timely and ethical
delivery of its services.

CSI provides comprehensive consulting services
including failure analysis, laboratory testing, expert
witness, maintenance and corrosion assessment (dry
and underwater), coating system evaluations,
technical specifications, and in-process inspection of
surface preparation and coating/lining applications.

CSI also has an in-house water storage tank diving
division that completes over 100 water tank dives per
year. CSI is a completely independent firm enabling
the delivery of totally unbiased services to owners
and all members of the coating and corrosion
prevention community.

The firm is financially strong with no conditions such
as disputes or litigation that would impede our ability to complete the project. CSI has more coating
inspectors than any other third-party firm in the state of California and Hawaii and this staffing includes
more than 45 inspectors having NACE and/or SSPC
coating inspection certifications. Many of these
inspectors reside within San Diego County. This
staffing allows us to place specifically highly qualified inspectors onto unique projects, such as this
comprehensive assignment.
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Further, CSI is proud of its certification as an SSPC QP5 Coating Inspection Firm. Equivalent to the ISO 17020 certification (ISO 9001), the QP-5 certification
recognizes firms for their high level of technical
strength, internal quality control program, financial
stability, safety record, and ability to provide quality services over a long period of time. The QP-5 has been
adopted as a requirement by many large owners such
as the U.S Department of Defense, Army Corp of
Engineers, and many state governments as a means
of prequalifying firms for inspection on their coating
projects. We offer this QP-5 recognition as a thirdparty means of checking the quality and abilities of our firm. The QP5 program requires our staff to
continually seek to improve on the services that we
deliver.

RESUMES
Per the requirements of the Request for Proposals,
resumes have been included in the following pages.
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Construction Manager
Steven W. Ledbetter, P.E.

TKE Engineering, Inc.

Specialty Inspector
Nelson Blackwell, C.P.I.I.

TKE Engineering, Inc.

Assistant Resident Engineer
Marvin Lara, E.I.T.

TKE Engineering, Inc.

Resident Engineer
Terry Renner, P.E., L.S, Q.S.D.

TKE Engineering, Inc.

Principal-In-Charge
Michael Thornton, P.E., L.S.

TKE Engineering, Inc.

Resident Inspector
Brad Enscoe
TKE Engineering, Inc.

Electrical Specialty Inspector
Mike Counce
TKE Engineering, Inc.
3 . ORGANIZATIONAL
CHART

SUPPORT TEAM
( 5 0+ Members)

SUBCONSULTANTS
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MICHAEL

THORNTON,
P.E., L.S.

Principal-in-Charge
TKE Engineering, Inc.

EDUCATION
M.S., Civil Engineering, California State
University, Long Beach
B.S., Civil Engineering, California State
Polytechnic University, Pomona

REGISTRATIONS
P.E. (CA): 44226
L.S. (CA): 6867

AFFILIATIONS
American Society of Civil Engineers
American Water Works Association
California Rural Water Association
American Public Works Association
American Council of Engineering Companies
Mr. Thornton, TKE’s President, is in charge of all TKE projects. He has over 34 years of experience in engineering planning, design, land surveying and construction management for public works projects. He has worked on a variety of public works engineering projects including sewer improvements, street improvements, park improvements, bike trail improvements, drainage improvements, and reclaimed water system improvements projects. Mr. Thornton is responsible for managing including funding administration, planning, evaluating, and designing these projects and has provided construction engineering and surveying services for many of these same projects.

DETAILED PROJECT EXPERIENCE
• I-15 Sewer Lift Station and Water Booster Station, City of Hesperia - Mr. Thornton was the Principal in Charge for the I-15 Sewer Lift Station and Water Booster Station project. This project consists of the design and construction of a sewer lift station and water booster station to provide service to developments along the I-15 freeway corridor. Through a phased approach, TKE first developed a sewer and water feasibility study to serve the area; followed by preparing the design and contract documents for sewer conveyance, and water distribution and transmission systems; and is now preparing the design and contract documents for the lift station and booster station. The lift station includes two 25 HP VFD submersible impeller pumps, wet well, piping, valves, manholes, electrical, motor control center and electrical building, and associated site improvements. The separate booster station, located at an existing reservoir site, includes three 250 HP VFD pumps, two 50 HP VFD pumps, one 20 HP pump, hydro-pneumatic system, piping, valves, electrical, prefabricated building, emergency generator (600 kW), and associated site improvements.
• ROWCO Booster Station Relocation, Running Springs Water District - Mr. Thornton is the Principal in Charge overseeing the preparation of plans, specifications, and estimates for relocating the existing ROWCO booter pump station. The existing station had reached its useful service life and required a replacement and relocation to accommodate future reservoir expansion at the project site. The proposed booster station was required to meet a peak 300 gpm and 230 feet of head requirement, using variable frequency drives, to provide water supply to the higher-pressure zone. The design included hydraulic analysis to ensure demand would be met and avoid ancillary impacts (e.g., surging). Additionally, due to the mountain terrain, the new booster building was built into the side of the hill adjacent to the roadway.
• Well No. 16, City of Needles- Mr. Thornton was the Principal in Charge for the design and construction of a new production well, Well No. 16, and transmission main located along Balboa Place and South of McShans Lane in the City of Needles. The project includes design of the well pump and motor, above ground discharge piping, 464
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appurtenances, 2,750 linear feet of 16” transmission pipeline, shade structure, electrical system, and SCADA system integration. The project includes restrained joints, system appurtenances, and connections to the existing systems and interconnections to City of Needles Water.
• “I” Street Water Main, San Bernardino Municipal Water Department– Mr. Thornton was the Principal in Charge overseeing the design engineering services for the project that included 7,200 linear feet of 16” and 20” pipe and related appurtenances; permitting with both San Bernardino County Flood Control District and Burlington Northern Santa Fe; crossing an existing bridge over a flood control channel by hanging pipe between existing girders; crossing a railway using jack and bore; and connections newly constructed transmission main and stub-outs for future expansions. • Horton Wastewater Treatment Plant Tertiary Filtration System, Desert Hot Springs – Mr. Thornton was the Principal in Charge for the preparation of Preliminary Design Report evaluating several tertiary filter and disinfection alternatives. Following identification of the preferred alternative, TKE prepared the final design (i.e., plans, specifications, and engineer’s estimate) for adding a booster pump station and tertiary filters to the existing Horton Wastewater Treatment Plant to help alleviate secondary effluent disposal deficiencies and begin the phased implementation of recycled water treatment. The design included hydraulic analysis to ensure gravity flow from the new filter, through a future UV disinfection system, to either the existing spreading ponds or future recycled water storage tank. Additionally, due to the high winds in the area, a three-sided wind break and shade structure was included to protect the facility from the elements. The project included coordination with the Regional Water Quality Control Board. 465
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STEVEN W.

LEDBETTER,
P.E. Construction Manager
TKE Engineering, Inc.

EDUCATION
Bs, Civil Engineering (Environmental),
California State Polytechnic University,
Pomona

CERTIFICATIONS
Caltrans 24 Hour Training for Water Pollution
Control Managers

AFFILIATIONS
Riverside-San Bernardino Counties Branch,
American Society Of Civil Engineers
Coachella Valley Branch, American Public
Works Association
Association of California Water Agencies
Mr. Ledbetter has over 22 years of professional experience in the civil engineering industry. He has handled various critical and challenging projects from planning through design and implementation; all while ensuring that projects are executed as per specification in the stipulated time with quality. He has a well-rounded background with experience in: preparation and analysis of street and utility improvement plans and specifications including drainage, potable and non-potable water and wastewater, utility master planning including computer modeling, analysis, and report preparation; water supply planning including feasibility studies, urban water management plans, water supply assessments and verifications; storm water compliance reporting including water quality management plans and storm water pollution prevention plans and; and grant writing for various State and Federal agencies.

DETAILED PROJECT EXPERIENCE
• Regional Water Reclamation Program, Mission Springs Water District, CA – Mr. Ledbetter is providing program management services for the development and construction of the District’s Regional Water Reclamation Program (RWRP). The RWRP includes planning, design, and construction of a regional wastewater treatment plant, interceptor conveyance system, and local wastewater collection systems. Mr. Ledbetter is managing the completion of the RWRP, including: participation and management of funding acquisition; staff, board, consultant, funding agencies, and public coordination and communications; assessment district formation; State Revolving Fund (SRF) and grant application processing; State invoicing and reporting; environmental compliance processing; preliminary engineering preparation; plans, specifications, and cost estimates (PS&E) preparation; bidding and construction; and all related services to successfully complete the RWRP.
• I-15 Sewer Lift Station and Water Booster Station, City of Hesperia - Mr. Ledbetter was the Construction Manager for the I-15 Sewer Lift Station and Water Booster Station project. This project consists of the design and construction of a sewer lift station and water booster station to provide service to developments along the I-15 freeway corridor. Through a phased approach, TKE first developed a sewer and water feasibility study to serve the area; followed by preparing the design and contract documents for sewer
conveyance, and water distribution and transmission systems; and is now preparing the design and contract documents for the lift station and booster station. The lift station includes two 25 HP VFD submersible impeller pumps, wet well, piping, valves, manholes, electrical, motor control center and electrical building, and associated site improvements. The separate booster station, located at an existing reservoir site, includes three 250 HP VFD pumps, two 50 HP VFD pumps, one 20 HP pump, hydro-pneumatic 466
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SECTION C | COMPANY PERSONNEL
system, piping, valves, electrical, prefabricated building, emergency generator (600 kW), and associated site improvements.
• Well No. 11 to 15 Intertie, City of Needles, CA- Mr. Ledbetter is currently managing the design and construction of a new transmission main intertie project consists of 2,800 linear feet of 16” pipeline in the City of Needles. The project includes construct an iron and manganese treatment system at Well 11 and the intertie will deliver raw water from Well 15 to Well 11. Mr. Ledbetter is providing design and project management services for the Project that includes preparation of plans, specification, and cost estimates for the transmission main and acting as the owner representative for oversight and management of the Well 11 treatment system design by others; ensuring consistency in both project designs and schedules.
• Reservoir Seismic Upgrades Project, City of San Bernardino Municipal Water Department - Mr. Ledbetter is providing Construction Management services for the project. The project consists of seismic rehabilitation and safety improvements to four steel reservoirs in the City. Improvements include seismic upgrades, yard piping, demolition, structural work, welding work, foundation work, and recoating of the existing steel reservoirs. TKE services include pre-construction services, construction management, coordination, scheduling, administration, inspection (civil, mechanical, structural, welding, and coatings), materials testing, environmental impacts analysis, processing of RFIs, submittal, and progress payments, preparation of project records and close-out documents for the project with cloud based software, and the preparation of O&M manuals.
• ROWCO Booster Station Relocation, Running Springs Water District - Mr. Ledbetter is providing Project Management services for the preparation of plans, specifications, and estimates for relocating the existing ROWCO booter pump station. The existing station had reached its useful service life and required a replacement and relocation to accommodate future reservoir expansion at the project site. The proposed booster station was required to meet a peak 300 gpm and 230 feet of head requirement, using variable frequency drives, to provide water supply to the higher-pressure zone. The design included hydraulic analysis to ensure demand would be met and avoid ancillary impacts (e.g., surging).

Additionally, due to the mountain terrain, the new booster building was built into the side of the hill adjacent to the roadway. 467
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TERRY
RENNER, P.E.,
P.L.S., Q.S.D.

Resident Engineer
TKE Engineering, Inc.

EDUCATION
B.S. Civil Engineering, California State
Polytechnic University, Pomona

CERTIFICATIONS
Caltrans SWPPP Certified QSP/QSD Training

REGISTRATIONS
P.E. License Number 69984 (CA)
P.L.S. (CA) 9762
Qualified SWPPP Developer and Practitioner
#24329

AFFILIATIONS
Riverside-San Bernardino Counties Branch,
American Society of Civil Engineers
American Public Works Association
American Council of Engineering Companies
of California
Mr. Renner is the Senior Vice President of TKE and has 23 years of experience in civil engineering infrastructure projects, including drainage improvements, transportation improvements, sewer and water improvements, facilities improvements and recreation improvements. He has managed numerous projects and has delivered projects for the Cities of Calimesa, Fontana, Rialto, Upland, Riverside, and Redlands. As a project manager, Mr. Renner has been responsible for design production, supervising a staff of engineers and drafters, coordinating work between the production team and the client, and for submitting all deliverables in a timely manner. He has successfully delivered a wide variety of complex and challenging projects and is dedicated to ensuring that the plans produced by TKE continue to exceed industry standards.

DETAILED PROJECT EXPERIENCE
• Regional Sewer Conveyance Line, Mission Springs Water District, City of Desert Hot Springs – Mr. Renner is managing the construction of the new Regional Sewer Conveyance Line located along Dillon Road and Little Morongo Road in the City of Desert Hot Springs. The project will convey wastewater to the Regional Water Reclamation Facility and includes the construction of 10,000 linear feet of 12” PVC force main, 950 linear feet of 12” VCP, 5,200 linear feet of 33” VCP, 1,000 linear feet of 36” VCP and all related appurtenances. Additionally, Mr. Renner managed the design for a new sewer diversion structure to bring additional flows to the Facility. Mr. Renner provided oversight and direction on submittal and RFI review, change order review, progress payment
review/approval, labor compliance, coordination with utilities, permitting, grant reimbursement and coordination with District representatives.
• Manganese Treatment Facility and 0.5 MG Reservoir Project, City of Huntington Park, CA – Mr. Renner was the Project Manager, Design Engineer and Construction Manager for this project, which TKE prepared plans, specifications, and estimates for the construction of a grant funded 70-foot tall welded steel reservoir replacement project and a fully redundant manganese filtration plant capable of flowrates up to 1500 gpm in the City of Huntington Park. The project included the removal of a structurally deficient steel reservoir and construction of the proposed welded steel reservoir including a ring footing with 45-foot deep 3-foot diameter caissons to combat liquefaction issues. The reservoir removal and replacement is located within fifteen feet of an existing 70-foot tall 2 million gallon steel reservoir to be protected during construction.
• Jurupa Hills Lift Station Replacement, Rubidoux Community Services District, City of Jurupa Valley, CA – This project consisted of the replacement of an existing 300 gpm lift station, site demolition and abandonments, electrical and backup power tie-ins 468
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and easement document preparation at the Jurupa Hills Country Club Golf Course. Mr. Renner was the project manager in charge of all project activities. This included hydraulic calculations, site layout, specification preparation, survey and electrical subconsultant coordination, management of assistant engineers and AutoCAD drafters, and project billing.
• Groundwater Quality Protection Program Areas H and I Sewer Project, City of Desert Hot Springs, CA - Mr. Renner is the QA/QC manager for the preparation of bidding documents for two areas in MSWD’s Groundwater Quality Protection Program (GQPP), a septic to sewer conversion program. The Project includes approximately 25,000 linear feet of 8” vitrified clay pipe sewer improvements, including 676 4” service laterals. Once complete, MSWD will abate approximately 465 existing septic tanks that are impacting groundwater quality. The project includes records research, conventional topographic surveying, coordination with agencies, hydraulic calculations, preliminary design, cost estimating, geotechnical investigation, environmental
coordination, preparation of construction plans and specifications, permit acquisition, and grant funding administration.
• Horton Wastewater Treatment Plant Tertiary Filtration System, City of Desert Hot Springs, CA– Mr. Renner was the Project Engineer for the preparation of Preliminary Design Report evaluating several tertiary filter and disinfection alternatives.

Following identification of the preferred alternative, TKE prepared the final design (i.e., plans, specifications, and engineer’s estimate) for adding a booster pump station and tertiary filters to the existing Horton Wastewater Treatment Plant to help alleviate secondary effluent disposal deficiencies and begin the phased
implementation of recycled water treatment. The design included hydraulic analysis to ensure gravity flow from the new filter, through a future UV disinfection system, to either the existing spreading ponds or future recycled water storage tank.

Additionally, due to the high winds in the area, a three-sided wind break and shade structure was included to protect the facility from the elements. The project included coordination with the Regional Water Quality Control Board.
469
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MARVIN LARA,
E.I.T.

Assistant Resident Engineer
TKE Engineering, Inc.

EDUCATION
B.S, Civil Engineering, California State
Polytechnic University, Pomona

CERTIFICATIONS
E.I.T. No. 157100

AFFILIATIONS
Riverside-San Bernardino Counties
Branch, American Society of Civil
Engineers (ASCE)
Inland Empire, Women in Transportation
(WTS)
Cal Poly Pomona Alumni, Society of
Hispanic Professional Engineers
Mr. Lara is an Associate Engineer of TKE and has 7 years of experience in civil engineering infrastructure projects, including transportation improvements, drainage improvements, sewer and water
improvements, facilities improvements, recreation improvements, and construction methods. He has managed numerous projects and has delivered projects for the Cities of Highland, Moreno Valley, Glendora, Calimesa, Fontana, Rialto, Hesperia and Redlands. As a Construction Assistant, Mr. Lara has been responsible for assistance in supervising a staff of inspectors, construction coordination and scheduling, utility relocation coordination, public relations, submittal review, coordination with subconsultants, weekly progress meetings, request for information responses, storm water management, progress payments, change order review and negotiations, labor compliance, and project closeout

DETAILED PROJECT EXPERIENCE
• I-15 Sewer and Water Improvements, City of Hesperia, CA - Mr.

Lara assisted in the design and construction management of approximately 7,900 linear feet of 8” and 10” P.V.C. sewer main improvements. Design of sewer main improvements also included 10” ductile iron pipe with an 18” Steel Casing crossing the I-15 Freeway from Caliente Road to Mariposa Road near Ranchero Road in the City of Hesperia. In addition to sewer main improvements, approximately 3,800 linear feet of 18” DIP water lines were designed along Ranchero Road to and along Kourie Way and to and along Cromdale Street to existing tanks at East end of Cromdale Street. The project included restrained joints, system
appurtenances, and connections to the existing systems and interconnections to City of Hesperia Sewer and Water.
• Terrace Reservoirs Rehabilitation and Site Improvements, Mission Springs Water District, City of Desert Hot Springs, CA – Mr. Lara assisted with the design of Terrace Reservoirs Rehabilitation and Site Improvements located at the Western end of Terrace Way in the City of Desert Hot Springs. Terrace Reservoirs Rehabilitation consisted of removal, replacement and relocation of manways, electrical conduits, ladder cages and guardrails, roof vents and overflow boxes with new material along with a spiral staircase and guardrail at the top perimeter of 3 existing tanks on site. Along with Tank Rehabilitation, proposed PCC Curb around perimeter of project site, regrading of slope and proposed culvert drainage was designed to mitigate erosion of slope on site due to storm water runoff.
• CV Sync Construction Management, Palm Desert, CA- Mr. Lara serves as the Assistant Construction Manager assist with oversight of all aspects for Phase 1 and 2 of the CV Sync project (Formerly CVAG TSSP). This work involves plan review, management and approval of construction scheduling, budget, field work, local agency procedures and more. This project involves coordination and support across twelve agencies in the Coachella Valley The 470
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SECTION C | COMPANY PERSONNEL
project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transportation System (ITS) elements, ITS subsystems, and Ethernet/IP-based communications that will be expandable and scalable for future integration of ITS technologies and strategies, such as Integrated Corridor Management (ICM), Smart Cities, Connected and Autonomous Vehicles, a Regional Traffic Management Center (RTMC) and local Traffic Operation Centers (TOC).
• Sierra Avenue Widening Project, City of Fontana, CA – Mr. Lara assisted on the Sierra Avenue widening improvements project is located in the City of Fontana north of Interstate 10 Freeway between Foothill Boulevard and Baseline Road. The project is approximately 1 mile of widening for the City’s primary north-south arterial street widening the roadway from 4 lanes to 6 lanes. The project includes street widening, raised landscape median, new sewer main installation, traffic signal installation and modifications, traffic signal interconnect and fiber optic cable installation, and extensive utility coordination for water main replacement, Rule 20A and Rule 20B undergrounding work. The project also includes rightof-way acquisition for 76 parcels, traffic analysis, review of construction plans, coordination with project design consultants, construction management and construction staking services. TKE represents the City with other agencies, represented engineering with the City’s management personnel and other meetings, managed engineering budgets and project schedules.
471
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BRAD ENSCOE
Resident Inspector
TKE Engineering, Inc.

CERTIFICATIONS
OSHA 30 Certified
16 Hour QSP Training Seminar
APWA, Construction Inspection
March 2010
CMAA, Construction Inspection for
Public Works March 2010
Public Works Inspector Level 1 Testing

AFFILIATIONS
APWA, Construction Inspection
CMAA, Construction Inspection for
Public Works
Public Works Inspector Level 1 Testing
Mr. Enscoe has over 15 years of experience providing public works construction inspection services. Recently, Mr. Enscoe is providing oncall inspection services to the City of Calimesa for developer installed housing projects as well as street, drainage, and sewer improvements to the Cities of Fontana, Redlands, and El Monte. In addition to daily inspection services, Mr. Enscoe has prepared daily inspection reports, developed construction photo logs, assisted with progress and final payment processing, assisted with change order negotiations, verified compliance with contract documents and approved project submittals, verified public safety compliance, developed remedial work list and system startup inspections. In addition, Mr. Enscoe has provided coordination with other project professional services (e.g., Geotechnical and Surveying).

DETAILED PROJECT EXPERIENCE
• San Bernardino Municipal Water Department On-Call Inspection Services, San Bernardino Municipal Water Department, CA – Mr.

Enscoe serves as an Inspector. TKE is providing on-call inspection services to the City of San Bernardino Municipal Water
Department (SBMWD) for developer installed water and sewer projects and capital improvement water system projects. In addition to daily inspection services, TKE prepares daily inspection reports, developed construction photo logs, assisted with progress and final payment processing, assisted with change order negotiations, verified compliance with contract documents and approved project submittals, verified public safety compliance, developed remedial work list and system startup inspections. In addition, TKE provides coordination with other project professional services (e.g. Geotechnical and Surveying). • Regional Water Reclamation Program, Mission Springs Water District– Mr. Enscoe is providing inspection services for the construction of the District’s Regional Water Reclamation Program (RWRP). The RWRP includes construction of a regional wastewater treatment plant, interceptor conveyance system, and local wastewater collection systems. Mr. Enscoe is performing inspections for all piping, mechanical, and civil portions of the project, including the pump station, treatment processing tanks and building.
• San Bernardino Avenue Trunk Sewer Improvements, City of Fontana Public Works Department- Mr. Enscoe performed
construction inspection services for approximately 21,500 linear feet of sanitary sewer VCP pipeline ranging from 6-inch to 48-inch diameter. This project included construction of two siphons, one of which involved coordination with the Metropolitan Water District, as well as inspection services for bore and jack construction. Other Services provided on this project included relocation of 30-inch diameter CMP storm drain and 12-inch PVC 472
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laterals, as well as associated street improvements and rehabilitation.
• Stuart Avenue Storm Drain Improvements, City of Redlands Public Works Department-Mr. Enscoe performed construction inspection services for approximately 4,500 linear feet of RCP storm drain pipeline ranging from 18-inch diameter to 120-inch diameter and 700 linear feet of waterline improvements within Caltrans right-of-way. The inspection included storm drain installation, including manholes, junction structures, catch basins and connection to existing open channel.
473
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NELSON
BLACK, C.P.I.I.

Specialty Inspector
TKE Engineering, Inc.

EDUCATION
Special Inspection Certification
and Training - Southwest Training
and Calibration San Bernardino,
Ca

CERIFICATIONS
ICC - Special Inspector, Soils,
Reinforced Concrete, Reinforced
Masonry and ACI Field Testing
Technician Grade 1
CPII – Certified Public
Infrastructure Inspector (CPII)
Mr. Blackwell has over 8 years of experience providing inspection services for capital projects to several agencies throughout Southern California. His services include but are not limited to site grading, sewer and waterline installation, street paving, American Disabilities Act (ADA) improvements, underground infrastructure, utilities installation, steel reinforcements, concrete and masonry, path/retaining walls, and parking lot installation. Additionally, he is skilled in understanding project plans and specifications, accessing applicable code, maintaining good and proper relationships with project stakeholders and contractors, and helping to prepare final project documents. Mr.

Blackwell has prepared daily inspection reports, developed construction photo logs, verified compliance with contract documents and approved project submittals, and verified public safety compliance.

DETAILED PROJECT EXPERIENCE
• Spyglass Reservoir Water Tank Replacement, Lake Arrowhead Community Services District – Mr. Blackwell performed inspections for demolition of 300K Gallon steel water tank and construction of new 400K gallon concrete water tank.
• District Corp Yard/Field Ops Facility, Lake Arrowhead Community Services District – Mr. Blackwell performed inspections for all site construction activities including, but not limited to; Site grading, Underground utility installations, Parking lot construction, and Landscaping.
• City Wide Pavement Rehabilitation Program, City of Moreno Valley – Mr. Blackwell was the Senior Public Works Inspector for the Citywide Pavement Rehabilitation 2021/22 Project which included rehabilitation for 20 miles along various streets throughout the City of Moreno Valley. Mr. Blackwell provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications. The project included pavement crack sealing, grinding and isolated removal areas along with construction of street widening with asphalt rubberized hot mix overlay over conventional hot mix asphalt base paving, pavement replacement, rubberized asphalt concrete overlay, slurry seal and asphalt concrete curb installation.
• Boulder Ave Improvement Project, City of Highland – Mr. Blackwell was the Senior Public Works Inspector for Boulder Avenue Improvement Project, a major collector street with 2 lanes each direction separated by a median. The project included removal of curb, gutter, asphalt concrete pavement, signage, striping and construction of PCC curbs, gutters, curb ramps, driveways, asphalt concrete pavement, irrigation, median curb, landscaping, hardscape, in-road bicycle detection, decorative way findings signs, street lighting, trail lighting, anti-graffiti coating, architectural treatment on existing sound wall and cape seal located on Boulder Avenue from Greenspot Road to San Manual Village Plaza (Highland Avenue). 474
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
• I&I Projects – North Bay Slip Lining Phase 2, Lake Arrowhead Community Services District – Providing inspection of slip lining rehabilitation for existing sewer mainline.
475
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
MIKE
COUNCE
Electrical Specialty
Inspector
TKE Engineering, Inc.

CERIFICATIONS
Electrical Journeyman’s License,
2011
Certified Electrician, State of CA,
2011
ABC Apprenticeship Graduate
2011
Mr. Counce is certified journeyman electrician and has 17 years of commercial and residential experience. He is adept in performing electrical installations, maintenance and repairs in homes, schools, hospitals and plant facilities; knowledgeable in all areas of the national electrical code; and excels in analyzing and solving problems with various electrical controls and systems. His experience includes electrical systems and controls, installations and maintenance, electromechanical repairs, blueprints, schematics, generators, transformers, switches, circuit breakers, electrical code, safety, wiring diagrams, troubleshooting, testing instruments, motors and conduit.

Mr. Counce served as journeyman electrician or apprentice on more than 100 new home construction projects as well as dozens of major commercial projects. He earned a reputation for expertise in complex troubleshooting and problem resolution. He also gained extensive experience in analyzing and following manuals, schematic diagrams, blueprints and other specifications and mastering the use of measuring/testing instruments such as ammeters, ohmmeters, voltmeters and testing lamps.

DETAILED PROJECT EXPERIENCE
• Regional Water Reclamation Program, Mission Springs Water District – Mr. Counce serves as the Electrical Inspector assisting in oversight of all construction activities for the construction of the District’s Regional Water Reclamation Program (RWRP). The RWRP includes planning, design, and construction of a regional wastewater treatment plant, interceptor conveyance system, and local wastewater collection systems. Mr. Counce is overseeing the electrical components of the RWRP, including: plan check and QA/QC on the design of electrical and P&ID systems, coordination on construction scheduling, and construction inspection of electrical, instrumentation, and security systems.
• CV Sync Traffic Signal Synchronization, City of Palm Desert- Mr.

Counce serves as the Public Works/Electrical Inspector assisting in oversight of all construction activities for Phase 1 of the CV Sync project (Formerly CVAG TSSPP). This work involves plan review, coordination of construction scheduling, invoicing field work, local agency procedures and more. As the Local Agency inspector, Mr.

Counce ensures adherence with applicable State and Federal requirements requiring familiarity with the CAMUTCD, Caltrans Standard Plans, Caltrans Construction Manual, Local Agency Procedures Manual and other applicable standards and documents.

This project involves coordination and support across twelve agencies in the Coachella Valley. The project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelligent Transportation System (ITS) elements, ITS sub-systems, and Ethernet/IP-based communications that will be expandable and scalable for future integration of ITS technologies and strategies, such as Integrated Corridor Management 476
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
(ICM), Smart Cities, Connected and Autonomous Vehicles, a Regional Traffic Management Center (RTMC) and local Traffic Operation Centers (TOC).
• Berg Electric Loma Linda University Medical Center, City of Loma Linda – Mr. Counce served as a Certified Electrician on LLUMC 10-year capital-improvement program that addressed not only HVAC, ADA and seismic upgrades, but also space needs into the future.

Bergelectric has supported LLUMC in its current construction of the $823 million dollar, tallest hospital in California, standing at 267 feet above ground, with 17 total stories (16 above ground), and the tallest building in San Bernardino County.
• Berg Electric, Indian Wells– Mr. Counce served as a Certified Electrician on Indian Wells Tennis Garden stadium renovation which required over 100,000 man hours from Bergelectric within a ninemonth period. Additionally, a 200-person hospitality room, Front Box Club, satellite broadcast studio, fitness center, and club pro shop also made their debut for the 2017 BNP Paribas Open. Other renovations worth noting include a brand new media room, two-story office building for tournament management and staff, and additional commissaries to accommodate the new concessions.
• Berg Electric, City of San Bernardino – Mr. Counce served as a Certified Electrician on economic stimulus-related “green” projects.

Install new or upgrade existing systems and equipment at major college facilities to achieve energy conservation goals. 477
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
478
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
479
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
480
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
482
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
483
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION C | COMPANY PERSONNEL
484
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION D | DISCLOSURE
SECTION D | DISCLOSURE
TKE has, and continues to, provide professional engineering, development, and plan checking services to the City of Banning, reporting to its Public Works Director, on previous CIP projects; such as the Lions Park ADA Upgrades and Barbour Street Water Main. Said professional services contracts were all awarded through a competitive, public procurement process. TKE does not have any additional business and personal relationships with any current Banning elected official, appointed official, City employee, or family member of any current Banning elected official, appointed official, or City employee to disclose.

TKE does not have any conflicts of interest that would prohibit us from performing the requested construction management and inspection services.
485
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION E | EXPERIENCE AND REFERENCES
SECTION E | EXPERIENCE AND REFERENCES
The projects below describe similar consulting work completed by our key staff members for other clients that shows how our team members meets the qualifications asked for in the Consultant Selection Criteria section of the RFP.

RESERVOIR SEISMIC UPGRADES PROJECT City of San Bernardino Municipal Water Department, CA I-15 SEWER LIFT STATION AND WATER BOOSTER STATION
City of Hesperia, CA
Client Contact: Belal Tamimi
Phone Number: (909) 453-6182
Email: [email protected]
Project Cost: $11.2M
Completion Date: Est. 2025

DESCRIPTION
TKE is providing construction management and inspection services for the Reservoir Seismic Upgrades Project. The project consists of demolition, structural and seismic upgrades, yard piping, foundation, and drainage improvements, tank coatings, and disinfection of four existing steel reservoirs:

Terrace No. 3, Sycamore No. 1, Del Rosa No. 3, and Devore. Each reservoir included a number of seismic and safety upgrades such as ring foundations, anchor chairs, wind girders, shell height extensions, shell reinforcement rings, saf-t-climb and fall protection grating. TKE is responsible for all resident and specialty inspections including concrete, soils, welding, structural, and coatings. In addition, TKE assisted with grant administration for both the Drinking Water SRF and FEMA Hazard Mitigation Grant Program.

SERVICES
Services include construction management, inspection, materials testing, special inspections, environmental compliance monitoring, progress meetings, construction scheduling and sequencing, submittal review, coordination with agencies and stakeholders, State and Federal funding coordination, and project records management and close-out.

KEY STAFF
Terry Renner, P.E., L.S., Q.S.D., Steven Ledbetter, P.E., Shelby Kelley, P.E., Jeff Lantosh, C.P.I.I., Ralph Martinez Client Contact: Cassandra Sanchez
Phone Number: (760) 947-1000
Email: [email protected]
Project Cost: $8.7M
Completion Date: Ongoing

DESCRIPTION
This project consists of the design and construction of a sewer lift station and water booster station to provide service to developments along the I15 freeway corridor. Through a phased approach, TKE first developed a sewer and water feasibility study to serve the area; followed by preparing the design and contract documents for sewer conveyance, and water distribution and transmission systems; and the design and contract documents for the lift station and booster station. The lift station includes two 25 HP VFD submersible impeller pumps, wet well, piping, valves, manholes, electrical, motor control center and electrical building, and associated site improvements. The separate booster station, located at an existing reservoir site, includes three 250 HP VFD pumps, two 50 HP VFD pumps, one 20 HP pump, hydro-pneumatic system, piping, valves, electrical, prefabricated building, emergency generator (600 kW), and associated site improvements.

SERVICES
Services include preliminary engineering, opinion of probable cost, feasibility study with system alternatives, sewer and water hydraulic modeling analysis, design, topographic surveying, preparation of construction contract documents, bidding assistance, and construction management

KEY STAFF
Michael Thornton, P.E., L.S., Terry Renner, P.E., L.S., Q.S.D., Steven Ledbetter, P.E., Ron Musser, P.L.S., Shelby Kelley, P.E., Marvin Lara, E.I.T.

RELEVANCE TO THE CITY
• Construction Management
• Resident Inspection and Specialty
Inspection
• Construction Sequencing
• Environmental Compliance
• Grant Administration Assistance
• Coordination with Stakeholders and
Residents

RELEVANCE TO THE CITY
• Preliminary Design Report
• Design and Construction of
Mechanical Water Systems
• Identification of Appropriate Design
Parameters
• Cost Estimating Experience
• Civil, Mechanical, Structural,
Electrical Design and Construction
Management
• Permitting
486
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION E | EXPERIENCE AND REFERENCES

FOREBAY WATER BOOSTER FACILITY UPGRADE PROJECT Yuima Municipal Water District, Pauma Valley, CA

ROWCO BOOSTER PUMP STATION Running Springs Water District, CA

Client Contact: Richard Williamson
Phone Number: (760)742-3704
Email: [email protected]
Project Cost: $3.2M
Completion Date: January 2021

DESCRIPTION
The Forebay Water Booster Facility is being upgraded to increase the reliability of the equipment and to meet existing and future demands. The project consists of a new partially buried cast-in-place tank and four vertical turbine pumps (3 duty, 1 standby) from an existing supply line that provides water from a San Diego Water County Water Authority (SDCWA) aqueduct connection. A diesel engine generator and automatic transfer switch will provide backup power to the site in the event of a commercial power outage. The project involves removal of the existing 0.5 MG Forebay Storage Reservoir. The new pumping equipment will be located outdoors under a shade structure and controls will be located within a building. Other improvements include a standby power generator, precise grading and paving, site piping, electrical, instrumentation, and building structural.

SERVICES
Services include specification preparation, coordination with agencies, permitting, bidding, construction management, construction staking, and inspection.

KEY STAFF
Terry Renner, P.E., L.S., Q.S.D., Steven Ledbetter, P.E., Ron Musser, P.L.S., Chance Renner, E.I.T.

Client Contact: Mr. Ryan Gross
Phone Number: (909) 867-2766
Email: [email protected]
Project Cost: $590,000
Completion Date: On-Going

DESCRIPTION
TKE was contracted to prepare the design (i.e., plans, specifications, and engineer’s estimate) for relocating the existing ROWCO booter pump station.

The existing station had reached its useful service life and required a replacement and relocation to accommodate future reservoir expansion at the site.

The proposed booster station was required to meet a peak 300 gpm and 230 feet of head requirement, using variable frequency drives, to provide water supply to the higher-pressure zone. The design included hydraulic analysis to ensure demand would be met and avoid ancillary impacts (e.g., surging).

Additionally, due to the mountain terrain, the new booster building was built into the side of the hill adjacent to the roadway. The project included coordination with the Southern California Edison and vendors.

SERVICES
Services include records research, coordination with agencies, vendors, and consultants, hydraulic analysis, design, cost estimating, technical and benefit cost analysis, SCADA design and integration, and permitting.

KEY STAFF
Terry Renner, P.E., L.S., Q.S.D., Steven Ledbetter, P.E., Shelby Kelley, P.E.., Ron Musser, P.L.S., Marvin Lara, E.I.T., Brad Enscoe

RELEVANCE TO THE CITY
• Preliminary Design
• Civil, Mechanical, Structural, and
Electrical Design
• Booster Station and Reservoir
Improvements
• Coordination with Vendors
• Permitting
• Utility Coordination and Verification

RELEVANCE TO THE CITY
• Design and Construction of
Mechanical Water Systems
• Identification of Appropriate Design
Parameters
• Cost Estimating Experience
• Construction Management and
Inspection
487
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION E | EXPERIENCE AND REFERENCES

0.5 MG RESERVOIR AND MANGANESE TREATMENT PLANT City of Huntington Park, CA REGIONAL WATER RECLAMATION PROGRAM MANAGEMENT Mission Springs Water District, City of Desert Hot Springs, CA Client Contact: Mr. Sergio Palos
Phone Number: (323) 791-1043
Email: [email protected]
Project Cost: $4.3M
Completion Date: August 2016

DESCRIPTION
The 0.5 MG Reservoir and Manganese Treatment Plant is located in the City of Huntington Park at the corporate yard of Maywood Mutual Water Company No. 1. The project consists of the demolition and reconstruction of a 35-foot wide by 70-foot-tall steel reservoir and the installation of a 1,500 gpm manganese filtration plant and booster station. The project includes site improvements and 45-feet deep caissons for structural foundation supports.

SERVICES
Services include records research, conventional topographic surveying, permitting, coordination with agencies, preliminary design, cost estimating, preparation of construction plans and specifications, bidding services, SRF grant management, construction administration, construction inspection, construction staking, and as-built verification.

KEY STAFF
Terry Renner, P.E., L.S., Q.S.D., Steven W. Ledbetter, P.E., Ron Musser, L.S., Brad Enscoe Client Contact: Mr. Brian Macy
Phone Number: (760) 329-5169
Email: [email protected]
Project Cost: $2,900,000
Completion Date: June 2023

DESCRIPTION
Mission Springs Water District (MSWD) retained TKE to prepare a preliminary engineering analysis that evaluated expanding an existing WWTP or building a new regional WWTP. Ultimately, MSWD selected to proceed with a new regional WWTP, the Regional Water Reclamation Facility (RWRF).

Thereafter, TKE was retained to be the program manager for the for the development of the RWRF and associated projects. As program manager, TKE is responsible for coordinating the design, hydrogeological analysis, environmental compliance processing, and construction of the RWRF, a new Regional Conveyance Trunk Sewer to deliver wastewater to the RWRF, and the M-2 Collection System to connect 695 parcels to the sewer system for treatment by the RWRF. In addition, TKE is in charge of grant funding and permit acquisition. In 2022, TKE secured $68 million in grant funding for the project. The project includes coordination with the State Water Resource Control Board, Regional Water Quality Control Board, Air Quality Management District, other agencies, and other consultants.

SERVICES
Services include preliminary engineering, benefit-cost analysis, project planning and scoping, Board report preparation and presentations, prepare grant funding applications and management, preparation of wastewater flow projection report, technical report and design review, prepare RFPs, environmental compliance services, prepare right-of-way acquisition documents, provided program/project management, regulatory and stakeholder meetings and presentations, perform construction management and inspection.

KEY STAFF
Steven Ledbetter, P.E., Terry Renner, P.E., L.S., Q.S.D., Shelby Kelley, P.E., Jeff Lantosh, Ron Musser, L.S.

RELEVANCE TO THE CITY
• Design and Construction of
Booster and Water Treatment
System
• Design and Construction
Management
• Surveying and Construction
Staking
• SRF Grant Management

RELEVANCE TO THE CITY
• Management of the Program from
Inception to Completion
• Program Sequencing
• Value Engineering
• Managing Permitting
• Coordination with City, and County
488
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION E | EXPERIENCE AND REFERENCES
JURUPA HILLS LIFT STATION Rubidoux Community Services District, Jurupa Valley, CA Client Contact: Jeff Sims
Phone Number: (951) 684-7580
Email: [email protected]
Project Cost: $450,000
Completion Date: December 2019

DESCRIPTION
This project consists of the replacement of an existing 300 GPM lift station, site demolition and abandonments, electrical and backup power tie-ins, and easement document preparation at the Jurupa Hills Country Club Golf Course. TKE developed plans, specifications and estimates for installation of submersible pump on rail system with soft start features to reduce electrical power consumption and maximize pump efficiency.

SERVICES
Services include Preliminary Engineering, Opinion of Probable Cost, Planning System Alternatives, Sewer Hydraulic Modeling Analysis, Design, Topographic Surveying, Preparation of Plans, Specifications, and Estimates, Construction Management, Inspection and Construction Staking.

KEY STAFF
Michael Thornton, P.E., L.S., Steven Ledbetter, P.E., Terry Renner, P.E., L.S., Q.S.D., Ron Musser, L.S., Stephen Biscotti

RELEVANCE TO THE CITY
• Program Sequencing
• Force Main and Lift Station Design
• Small Tributary with Large Flow
Rate Variation
• Similar Construction Elements to the
Proposed Project
• Coordination with City and County
489
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION E | EXPERIENCE AND REFERENCES

AGENCY CONTACT NAME

PHONE NUMBER /

EMAIL ADDRESS

DATES SERVICES

PROVIDED
(FROM/THROUGH)

MISSION SPRINGS WATER

DISTRICT
66575 2nd Street
Desert Hot Springs, CA 92240
Mr. Brian Macy
General Manager
p: (760) 329-5169
[email protected]
2001-Present

CITY OF HESPERIA
9700 Seventh Avenue
Hesperia, CA 92345
Ms. Cassandra Sanchez
Deputy City Engineer
(760) 947-1028
[email protected]
2016 – Present

SAN BERNARDINO MUNICIPAL

WATER DEPARTMENT
1350 S E Street
San Bernardino, CA 92408
Mr. Ted Brunson
General Manager
(951) 453-6165
[email protected]
2003 – Present

RUBIDOUX COMMUNITY

SERVICE DISTRICT
3590 Rubidoux Boulevard,
Rubidoux, CA 92509
Mr. Jeff Sims
Assistant General
Manager
(951) 684-7580
[email protected]
2001 – Present
490
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION F | PRICE PROPOSAL
SECTION F | PRICE PROPOSAL (SUBMITTED SEPERATELY)
Per RFP price proposal will be submitted separately.
491
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION G | VALUE ADDED SERVICES
SECTION G | VALUE ADDED SERVICES (SUBMITTED SEPERATELY) Per RFP value added services will be submitted separately. 492
Page |50
Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION K | ADDENDUM ACKNOWLEDGEMENT
SECTION H | EVIDENCE OF INSURANCE (SUBMITTED SEPERATELY) Per RFP evidence of insurance will be submitted separately. 493
PreparedBy:
494
City of Banning

REQUEST FOR PROPOSAL
Booster Stations Construction Management & Inspection Services VI. Pricing Proposal
PRICING PROPOSAL, PER TASKS 1-15
Provide hourly rates, along with pricing in accordance with the City’s current requirements, as set forth in the Scope of Work. [Also provide your firm’s proposed Staffing Plan (subtasks, employee classification, hourly rate, hours assigned and total cost) on a separate sheet of paper.]
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Construction Management Work Plan 1 Lump Sum
2 Project Coordination 1 Lump Sum
3 Pre- and Post-Project Photo and Video
Documentation
1 Lump Sum
4 Maintain Document Management
System
1 Lump Sum
5 Communication and Correspondence 1 Lump Sum
6 Construction Schedule Review and
Monitoring
1 Lump Sum
7 Submittal Review Management 1 Lump Sum
8 Construction Monitoring, Observation,
Inspection, and Testing
1 Lump Sum
9 NPDES Compliance 1 Lump Sum
10 Request for Information (RFI)
Management
1 Lump Sum
11 Change Order (CO) Management 1 Lump Sum
12 Management of Progress Payments 1 Lump Sum
13 Claims and Disputes Review 1 Lump Sum
14 Project Closeout Coordination 1 Lump Sum
15 Record Drawings Review 1 Lump Sum
TOTAL

OPTIONAL TASK
$15,600
$61,040
$6,040
$15,400
$16,160
$9,040
$75,840
$579,080
$10,640
$27,320
$22,360
$14,160
$19,160
$25,840
$13,200
$910,880
$15,600
$61,040
$6,040
$15,400
$16,160
$9,040
$75,840
$579,080
$10,640
$27,320
$22,360
$14,160
$19,160
$25,840
$13,200
495
City of Banning

REQUEST FOR PROPOSAL
Booster Stations Construction Management & Inspection Services Proposer should use a separate form to state pricing for any added value.

Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Additional Services TBD by consultant
if necessary
1 Lump Sum
TOTAL
$9,109 $9,109
$919,989
496
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-1-
AGREEMENT FOR PROFESSIONAL SERVICES (C01056) FOR

BOOSTER STATIONS CONSTRUCTION AND INSPECTION SERVICES

BY AND BETWEEN CITY OF BANNING AND TKE ENGINEERING,
INC.

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

RECITALS
A. City has sought by issuance of a Request for Proposals, RFP#24-069, for the performance of the Construction Management & Inspection Services for the Booster Stations and as further defined and described particularly in Article 1 of this Agreement.

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

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

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

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

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 498
-2-
standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Contract Documents and Exhibits.

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

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

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

1.5 Familiarity with Services.

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

1.6 Prevention of Loss and Damages.

Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 499
-3-
documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

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

1.8 Additional Services.

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

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

1.9 Facilities and Equipment.

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

1.10 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 500
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1.11 Corrections.

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

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

1.12 Party Representatives.

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

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

Name Title
Steven W. Ledbetter 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. 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. 501
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Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

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

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

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

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 502
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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 Nine Hundred Ten Thousand Eight Hundred Eighty Dollars ($910,880.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.

2.2 Method of Compensation.

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

2.3 Reimbursable Expenses.

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

2.4 Unauthorized Services and Expenses.

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

2.5 Invoices.

Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 503
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.

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

2.6 Waiver.

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

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

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

3.2 Schedule of Performance.

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

3.3 Force Majeure.

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

1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 504
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.

3.4 Term.

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

ARTICLE 4. INSURANCE AND INDEMNIFICATION

4.1 Minimum Scope and Limits of Insurance.

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

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

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

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

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

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 505
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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. 506
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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) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
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2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.

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

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

D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.

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 508
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to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.

5.2 Reports.

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

5.3 Ownership of Documents.

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

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 509
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public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

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

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

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

ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION

6.1 California Law.

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

6.2 Disputes; Default.

A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the 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. 510
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In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

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

6.3 Retention of Funds.

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

6.4 Waiver.

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

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

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

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 511
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

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

6.7 Termination Prior to Expiration of Term.

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

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 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. 512
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

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

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

7.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, 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 513
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

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

ARTICLE 8. MISCELLANEOUS PROVISIONS

8.1 Notices.

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

If to City Attn: Art Vela
Director of Engineering
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Steven W. Ledbetter
Vice President
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Email: [email protected]
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8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

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

8.5 Severability.

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

8.6 Mutual Cooperation.

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

B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 515
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8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

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

8.9 Non-Appropriation of Funds.

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

8.10 Headings.

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

8.11 Word Usage.

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

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

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver 516
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this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

8.14 Electronic Signatures.

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

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

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.
518
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Construction Management & Inspection Services prepared in connection therewith:

II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
SECTION A | UNDERSTANDING

AND APPROACH
1 . PROJECT

UNDERSTANDING
The City of Banning (City) is requesting proposals to
establish a contract for construction management
and inspection services for the construction of
Charles Non-Potable Water Booster/Reservoir Project
and Lincoln Non-Potable Water Booster Pump
Station/ Forebay TankProject.

Charles Non-Potable Water Booster Station/Reservoir
Project:

Project located on Charles Street will consist of the
construction of a booster pump station designed to
pump a maximum of 1,000 Gallons per Minute and it
will have two (2) vertical turbine, can mounted,
pumps housed in a masonry building including a
diesel fueled emergency engine generator. The NonPotable Water Reservoir will be a 54’ diameter, 27’ high above ground steel tank with a ring foundation.

Lincoln Non-Potable Water Booster Station/Forebay
Tank Project:

Project located on Lincoln Street, will consist of the
construction of a booster pump station designed to
pump a maximum of 1,000 Gallons per Minute, and it
will have two (2) vertical turbine, can mounted,
pumps housed in a masonry building. The NonPotable Water Forebay Tank will be a 24’ diameter, 24’ high above ground steel tank with a ring
foundation.
2 . APPROACH
Successful project delivery is our goal. Our definition of successful project delivery is:

Δ Project Completion that Meets all Project
Requirements and Specifications
Δ Project Completion within Budget
Δ Project Completion on Schedule
Our approach to your project, recognizing that both
cost effectiveness and expedited construction are of
primary concern, dictates that very close working
partnership between the selected consultant, TKE
Engineering and City is vital to successful project
completion. When this is coupled with the various
site and project constraints, it is critical that the City choose a consultant construction manager and
inspector with a proven track record of delivering
water system improvement projects. With a familiar
team of senior level design and construction
professionals, TKE is the right choice for this project.

As mentioned above, our experience tells us that
there must be a proactive approach to completing the
work in order to complete a cost effective, fully
functioning public works project. This approach
includes early identification of critical elements, and development of project schedule and tasks.

Critical elements for the project include project
management, QA/QC, cost control, dispute
resolution, public relations, standards compliance,
and site safety.

The most important key to every public works project
is management. TKE, working closely with the City
staff, will ensure that the project is managed properly to expedite project delivery. Project construction will generate a series of considerations requiring the City
responses. Our close working partnership will lead to
the proper decisions and ultimately fully operating,
cost effective water system improvements.
3 . IMPLEMENTATION
PLAN
Whether the services required are construction,
inspection, city engineering, traffic, survey, planning, or design-related, successful project delivery is our
goal. Our definition of successful project delivery is:

Δ Project Completion that Protects City Interests
Δ Project Completion that Meets All Project
Requirements
Δ Project Completion on Schedule
Δ Project Completion within Budget

IMPLEMENTATION PLAN
TKE’s implementation plan includes the following key
elements which we routinely provide for each of our
projects:

EXHIBIT "A" A - 1
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SECTION A | UNDERSTANDING AND APPROACH

P ROJECT M ANAGEMENT
TKE provides effective project management services
to a variety of clients. We have successfully delivered extensive and highly visible water, wastewater, street
improvement, traffic improvement, drainage
improvement, water, wastewater and facility
improvement projects for numerous municipal clients
throughout Southern California. TKE’s approach has
consistently allowed our partner agencies to fulfill
their missions of delivering the best value for the
public’s investment.

TKE’s management approach includes:

MONTHLY PROGRESS REPORTS
TKE documents project progress for all projects
assigned to TKE by a comprehensive project
management summary. The summary includes
project name and related number, description of
progress, budget status, schedule compliance, and
anticipated upcoming accomplishments.

COMMUNICATION
Communications with the City staff is another
important component to effective project
management. In addition to the monthly progress
reports, TKE meets with clients as needed to ensure
the projects are proceeding as anticipated. We
document each discussion or meeting with notes and
electronically mail them to the project team within
three days of the meeting / conference indicating
action items and a schedule for completion of these
items.

RECORD KEEPING
TKE keeps records in an organized filing system both
in hard copy and electronic forms. This organized
filing system allows TKE to access records
immediately should they be needed.

MEETINGS
TKE meets with project stakeholders as needed
including the public, permitting agencies, utilities, etc.

We meet with them at the project’s onset and
throughout the course of project development to
ensure all stakeholder project needs are considered
in the project design. All meeting preparation
(City/Board Staff Reports, agendas, exhibits, slide
shows, etc.) will be prepared by TKE for each meeting.

Again, meetings will be documented. TKE has
provided numerous similar presentations to
Councils/Boards (closed sessions, council meetings,
community meetings, etc.).

TEAM MEETINGS
Team meetings include all parties that have any
interest in the project development. In particular, the City’s Engineering Department and design
consultants will be close working partners with TKE in
project development and environmental compliance
for capital projects. TKE will function as an extension of the City staff in meeting and coordinating with
design consultants, while ensuring accurate minutes
are kept for all pertinent meetings to ensure critical
design decisions are memorialized and adhered to
throughout the construction process.

CIP PROJECT MANAGEMENT
Project management will be an essential element in
all types of project delivery. Effective
communications will lead to effective management.

Management will include weekly reviews of project
budget and schedules and regular meetings with all
project shareholders.

For all projects, the most important aspect of
management will be to ensure that the City’s interests
are protected to the maximum extent possible and
project schedules are met. TKE will ensure that public
funds and impact fees are used for the benefit of the
community. Any deviation from standards and
requirements will be referred to the Engineering
Manager, and TKE will implement direction given by
the City. Maintaining excellent communications will
prevent any project processing misunderstandings
and will avoid project delays. TKE management
techniques always result in efficient project delivery.

Managing other consultants is another area that TKE
excels. Due to our extensive variety of project
experience, specifically in these types of roles, TKE
has a vast amount of knowledge with all public works
improvement projects and operating as owner
representative. With this understanding, TKE is able
to manage others and avoid any costly project
changed conditions and delays.

EXHIBIT "A" A - 2
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SECTION A | UNDERSTANDING AND APPROACH

FINANCE AND ADMINISTRATION
TKE is familiar with a number of funding sources for
capital improvement projects. TKE has prepared
numerous applications and administered these funds
for a number of agencies. TKE has extensive
experience with Federal and State funded projects
including the following related to water and
wastewater infrastructure:

Δ Proposition 1 and 68
o Drinking Water SRF
o Clean Water SRF
o Storm Water Grant Program
o Integrated Regional Watershed
Management Program
o Flood Management Program
Δ State Water Board Drinking Water Funds
Δ State Water Board Clean Water Funds
Δ U.S. EPA Clean Water Grant
Δ U.S. Army Corp Environmental Infrastructure
We will apply this knowledge to process current
projects and continue to work with City staff to match
funding streams with proposed capital improvement
projects.

ENVIRONMENTAL COMPLIANCE
Environmental permitting for projects of this nature
may be complex and involve coordination with
multiple jurisdictional agencies, in addition to the
normal CEQA analysis and determination.

Notwithstanding, TKE has experience in successfully
managing Initial Studies, Mitigated Negative
Declarations, and Environmental Impact Reports.

Other projects may require some additional
environmental permit requirements including Clean
Water Act (CWA) Section 404 permits from the United
States Army Corps of Engineers, CWA Section 401 or
Lake and Streambed Alteration permits from the
Regional Water Quality Control Board, Section 1602
Permits from the California Department of Fish and
Wildlife, and potential US ESA Section 7 permitting
from the United States Fish and Wildlife Service.

While environmental compliance wasn’t requested
by the City as part of the scope. TKE has experience in the acquisition of each of these different permit types and can provide excellent management and oversight
to ensure environmental compliance permitting is
implemented, should it be needed.

PROJECT BUDGETS AND SCHEDULING
TKE has extensive experience in monitoring budgets
and evaluating project / construction schedules to
ensure delivery of projects that are within budget and
on-schedule. The evaluation of the budget and
schedule will consist of comparing historical design /
construction phase costs and time frames, best
practices, agency and manufacturer
recommendations, budget and scheduling
requirements against the approved contracts. The
review of this will take into considerations input from Subject Matter Experts (SME), stakeholders, project
plans / specifications, the risk register, and the
approved budget and schedule.

The main reason for the evaluation of the budgets
and schedule is to ensure that resources, equipment,
materials, and staff (personnel, contractors, and
inspectors) are available when needed and projects
delivery meets the City’s requirements. The
availability of personnel, alternate priorities, multiple levels of approval, unfamiliarity with the project,
internal / external politics, and numerous other
factors can impact both the project budget and
schedule. TKE has the experience to oversee the
project budget scheduling with consultants and
contractors to identify potential cost or time overruns and apply corrective action to mitigate any potential
impacts. For example, the motor control center is
expected to have a 12-month or more procurement
timeline. As such, TKE will prioritize this and other
material submittals to ensure they don’t impact the
overall project schedule.

SOFTWARE AVAILABILITY
The TKE team staff are familiar with various
construction and project management software that
we utilize for monitoring budget and schedule as well
as other project factors, including Microsoft Project,
Primavera, Microsoft Word, Microsoft Excel,
AutoCAD, and BlueBeam. Our key personnel also use
SmartSheets, Procore, VPM, Zoom, Microsoft Teams,
Base Camp, SharePoint, and others needed to
implement projects.

EXHIBIT "A" A - 3
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SECTION A | UNDERSTANDING AND APPROACH
4 . SCOPE OF WORK
T ASK 1. C ONSTRUCTION M ANAGEMENT

W ORK P LAN
TKE will prepare a Construction Management Plan
(CM Plan). The CM Plan will define the procedures,
staff responsibilities and workflow.

The City utilizes a web-based construction
management system called Virtual Project Manager
(VPM) to receive, transmit, log, track, monitor,
process payments, and create reports for
construction correspondence and documents. Such
construction correspondence and documents
include, but not be limited to daily inspection reports, shop drawings/construction submittals approvals,
contractor’s requests for information, design change
notices, contract change orders, project schedules,
test reports, construction progress photos and other
documents necessary to administer the construction
contract.

TKE will provide CM and inspection services shall
familiarize itself with VPM and utilize it as a basis for construction project management. TKE will submit a
draft CM Plan to the City for review within two weeks
after Notice of Award.

Deliverables: CM Work Plan.

T ASK 2. P ROJECT C OORDINATION
TKE will provide project kick-off meeting, weekly
project meetings, and special meetings as needed,
including but not limited to meetings with the
contractor and/or City staff outside of weekly project
meetings; meetings to coordinate work with the
design consultant’s representatives; meetings to
coordinate the activities of special inspectors and
testing; meetings with utilities; meetings with
jurisdictional agencies and regulators; and, other
meetings as necessary to maintain timely project
progress.

Coordinate and Conduct the Pre-construction
Meeting.

TKE will prepare the agenda and conduct the preconstruction meeting, with input from the City. The agenda shall address all project administration and
reporting procedures, team roles and responsibilities,
maintaining existing facilities in operation and other
procedures to ensure a responsive project.

TKE will record meeting minutes. Distribute typed
minutes to all meeting attendees.

Coordinate and Conduct Weekly Construction
Progress Meetings
TKE will prepare agendas and conduct weekly
construction progress meetings. The agenda shall
include reviewing the contractor's 3-week rolling
schedule, project construction schedule, monthly
updates schedule, status of submittals, requests for
information (RFI), design clarifications, change orders (CO), delays, potential claims, and construction
problem resolutions.

TKE will record meeting minutes and distribute typed
minutes to all meeting attendees no later than the
beginning of the next weekly meeting. The meeting
minutes shall track and record each agenda item
chronologically and include it until it is resolved. The party (or parties) responsible for action items shall
also be noted.

Coordinate and Conduct Project Close-out field
inspections
TKE will coordinate a meeting for stakeholders to
inspect the project near the end of the construction
period. Maintain a log of items requiring further
contractor attention before substantial completion
and final project acceptances can be issued.

TKE will coordinate follow-up meetings as necessary
to resolve outstanding items noted in close-out field
inspections.

Deliverables: Project Meeting Agendas, Minutes,
Attendance and Schedules
T ASK 3. P RE - AND P OST - P ROJECT

P HOTO AND V IDEO D OCUMENTATION
TKE will take pre-construction photographs of existing
site conditions for the Record. Upon completion of
the project, TKE will take post-construction
photographs of the site. Upon completion of
construction, compile both pre and post construction
photos into a report with information that describes
the image subject, date, and location.

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SECTION A | UNDERSTANDING AND APPROACH
Deliverables: Project video and photo files in native
format. Pre and Post project photo reports with
captions.

T ASK 4. M AINTAIN D OCUMENT

M ANAGEMENT S YSTEM
TKE will use VPM to organize and share all documents.

We will be assigned a project name, number and
entered in VPM by the City.

TKE will be responsible for organizing, maintaining,
and sharing files through VPM. TKE will be responsible
for providing electronic equipment with access to
wireless internet for jobsite use, such as Microsoft
SurfacePro.

Deliverables: Organize, Maintain, Share Files in
VPM
T ASK 5. C OMMUNICATION AND

C ORRESPONDENCE
TKE will manage and issue field memos to address
field problems as determined by the design team, our
CM team, and the City staff. These shall be reviewed
during each weekly construction progress meeting.

Any Field Memos that have the potential to involve
work outside of the existing contract will be reviewed
by City staff prior to issuing and will also be assigned a Change Order (CO) number in VPM for tracking and
resolution purposes.

TKE’s Construction Manager will develop and
implement any additional written or oral
communication necessary to facilitate the ongoing
construction and documentation of the project.

TKE will track and file all project documentation
including all communications between the contractor
and the designer, and the City staff. In addition, TKE
will facilitate distribution of all projects related
communications to appropriate parties.

Deliverables: Field Memos, Written Communication
T ASK 6. C ONSTRUCTION S CHEDULE

R EVIEW AND M ONITORING
TKE will Review of the contractor’s construction
schedule and monitor progress.

TKE will perform a detailed review of the contractor’s
baseline Construction Schedule to review logic
between activities, key activity durations, stated
resources and verification of the critical path.

TKE will confirm that specified construction
sequencing and schedule constraints, as well as
submittal, procurement, testing and startup, and
closeout activities are included for contract work.

TKE will provide a monthly review of updated
construction schedules and compare to daily report
records to confirm that they are current including
incorporating change order work.

TKE will evaluate legitimacy of contractor requests for time extension, delays caused by City, Contractor, or
outside of both parties’ control, and guide City staff in resolving time and delay-related issues.

Deliverables: Review Contractor Schedule.

T ASK 7. S UBMITTAL R EVIEW

M ANAGEMENT
TKE will manage, coordinate, and review contractor
submittals.

TKE will request the construction contractor to
provide a submittal schedule for our review. TKE will
review the submittal schedule to identify critical path items, provide suggested corrections, and ensure the
schedule comprehensively addresses contract
requirements.

Through VPM, TKE will maintain a log to track and
process all submittals including shop drawings, O&M
submittals, samples, warranties, certifications,
schedules, testing and startup plans and other items.

We will review the submittal schedule with City staff
to determine which submittals should be prioritized
for review by City staff, the design team, or others.

TKE will check each submittal for completeness and
note where the submittal proposes an equipment
substitution from the design documents. We will
transmit complete submittals to City staff or design
team, as appropriate, for review. TKE will review
comments to selected submittal with City staff prior
to returning to the contractor.

TKE will discuss submittal status at each weekly
construction meeting. Submittals becoming due or
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SECTION A | UNDERSTANDING AND APPROACH
overdue shall be identified and discussed. As
appropriate, pre-submittal meetings with the design
team, contractor and supplier/manufacturer shall be
conducted to facilitate long lead-time equipment
submittal preparation and approval.

Deliverables: Comments to contractor submittal
schedule, Processed submittal reviews.

T ASK 8. C ONSTRUCTION M ONITORING ,

O BSERVATION , I NSPECTION , AND

T ESTING
TKE will monitor the contractor’s work for compliance
with contract document requirements during
construction, provide necessary personnel,
coordinate special inspection and testing, and
coordinate design team construction observation (by
others).

TKE will document the contractor’s daily work
activities through preparation of daily construction
reports and logs. Each daily report shall document
work completed, contractor manpower and
equipment, weather, visitors to the site and other
pertinent information. Logs shall include immediately
available results of field testing.

We will consultant shall verify all certification records are received from the construction contractor
completed by the proper personnel having inspected
and tested equipment as stated in the specifications.

TKE will take still digital photos and video records shall be taken of work progress to document the
contractor’s work. Photos shall be annotated in
reports with subject, location, date/time taken.

Deficient work will be identified, tracked and
corrected by our team.

TKE and our subconsultant’s will provide special
inspection and testing for construction monitoring of
the projects. TKE and team will provide the necessary
personnel to perform the testing and special
inspection. TKE’s Construction Manager will be
responsible for coordinating and scheduling these
services, providing field directions, ensuring the
timely distribution of test results to the appropriate
recipients, and securing final reports for each service.

In addition, TKE’s general construction inspection will be in compliance with the contract documents,
including conformance to City requirements, perform
the following specific electrical inspection services for industrial power distribution and control system
automation related work for the two projects. Major
equipment to be inspected include, but are not
limited to: switchboard, panelboard, motor control
center, metering equipment, motors, electrical duct
banks and raceways, lighting, manholes and
handholes, junction boxes, grounding and bonding,
Uninterruptible Power Supply (UPS’s),
instrumentation, control, and associated wiring and
conduits installation. Provide field commissioning
support for acceptance testing of electrical
equipment according to NETA (National Electrical
Testing Association) standards, instrumentation loop
checks, inspection of rotating electrical machinery,
and verification of protective device settings against
approved coordination study. TKE’s team will provide
quality control and perform quality assurance
inspections to ensure materials and installation
methods are in compliance with National Electrical
Code (NEC), NETA, Institute of Electrical and
Electronics Engineers (IEEE), Contract drawings and
specifications, City’s standards, and industry best
practices.

Deliverables: Daily Construction Reports, Construction
Photos, Non-Conformance Reports.

T ASK 9. NPDES C OMPLIANCE
TKE will monitor and document the contractor’s
compliance with the temporary and permanent
stormwater controls and all other permit
requirements in the Contract Documents for the two
booster stations construction sites. This includes
Water Quality Management Plan (WQMP), Storm
Water Pollution Prevention Plan (SWPPP) and other
stormwater Best Management Practices (BMPs)
requirements.

TKE will provide a Qualified SWPPP Practitioner (QSP)
to perform weekly inspections to ensure that
specified BMPs within the SWPPP are maintained
including project reporting into the SMARTS system.

We will support the City’s Qualified SWPPP Developer
(QSD) in performing periodic inspections to ensure
compliance with NPDES requirements.

EXHIBIT "A" A - 6
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SECTION A | UNDERSTANDING AND APPROACH
Before, during and after a qualifying rain event, TKE’s QSP will perform BMP visual inspections of BMPs and
document findings. Runoff samples will be taken
where stormwater is leaving the sites or where BMPs
are compromised.

Deliverables: SWPPP Reporting Logs, BMP Daily Logs
T ASK 10. R EQUEST FOR I NFORMATION
(RFI) M ANAGEMENT
TKE will maintain a log through VPM for all contractor
Requests for Information (RFI). We will coordinate the
RFI process with potential change orders and
establish an individual change order number and file
so that each item involving extra work is properly
tracked and the City staff is kept informed and can
approve all change order work in advance.

Deliverables: RFI Logs in VPM
T ASK 11. C HANGE O RDER (CO)

M ANAGEMENT
TKE will Manage Change Order Requests and provide
recommendation to City staff.

TKE will receive and log change order requests from
the contractor.

TKE will assign a Change Order number in VPM, to
facilitate tracking and filing, to all change order
requests and quotations as directed by City staff and
the design team. TKE will coordinate with the design
team the preparation of any revised specifications
and/or sketches needed to define the scope of the
extra work. TKE will provide daily verification of
changes performed on a time-and-materials basis.

TKE will verify that the contractor’s requested price,
and potential schedule impacts associated with
potential change orders are fair, reasonable, and
accurate.

TKE will recommend acceptance or rejection of the
change order to City staff. If there is disputed extra
work, coordinate with City staff, the design team and
the contractor until the item has been satisfactorily
resolved. If it is not resolved, TKE will track the item as a potential claim. TKE will prepare a Monthly Status Report that includes change order status.

Deliverables: CO Log in VPM, Evaluations of Change
Order Impact on the Construction Schedule, Change
Order Cost Estimates, Monthly Status Reports.

T ASK 12. M ANAGEMENT OF P ROGRESS

P AYMENTS
TKE will review contractor progress estimates and
provide recommendation to the City.

TKE will compare the contractor’s monthly progress
payment request to the bid schedule and the
Construction Management daily and weekly report
records to confirm that the requested compensation
is consistent with the work completed.

TKE will provide confirmation of "materials on hand"
by checking materials stored on site with paid invoice
or purchase order records.

TKE will provide confirmation of contract change
order work, record drawings, and construction
schedules.

TKE will recommend to City staff the monthly
progress payment amount and prepare the
Document for approval signatures routing in VPM.

TKE will include a copy of the monthly progress
payment summary in each Monthly Status Report.

Deliverables: Review Contractor Progress Payment
Requests.

T ASK 13. C LAIMS AND D ISPUTES

R EVIEW
TKE will discuss extra work and claims during each
weekly meeting. We will Track any disputed work
items and attempt to resolve the issue.

TKE will provide complete documentation, review of
merit/entitlement, a claims response strategy, and
cost analysis for the City staff review.

Deliverables: Claims and Disputes Analysis Reports
and Supporting Documentation.

T ASK 14. P ROJECT C LOSEOUT

C OORDINATION
TKE will conduct a final walkthrough with the City, the design team and the contractor to develop a final
punch list. Items remaining from preliminary punch
EXHIBIT "A" A - 7
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SECTION A | UNDERSTANDING AND APPROACH
lists and any uncompleted non-conforming work
reports will be added to the final punch list.

When the work is completed and all outstanding
paperwork has been submitted (warranties, stop
notice releases, equipment certifications, record
drawings, O&M manuals, training documents, etc.),
TKE will process the final payment request,
recommend for project acceptance by the City, and
assist with the filing of the Notice of Completion with the County Recorder.

TKE will prepare an estimate of the value of the punch
list work so that any items the contractor does not
complete can be deducted from the final payment
due the contractor, as required.

TKE will provide all field office files including email correspondence, photographs and other items to the
City.

Deliverables: Completion Punchlist
T ASK 15. R ECORD D RAWINGS R EVIEW
TKE will review the contractor-maintained redline
markups of the contract drawings showing all change
order and RFI items.

Each month before progress payment approval, TKE
will review the contractor’s set of marked up
drawings to ensure that they are complete.

TKE will reconcile the inspector’s markups with the
contractors at the end of the project and provide
them to the design team for back drafting and
delivery to the City. It is understood and agreed that
only the contractor's set of marked up drawings will
be the Record Drawings set.

Deliverables: Project Drawing Markups.

EXHIBIT "A" A - 8
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SECTION A | UNDERSTANDING AND APPROACH
5 . PROJECT SCHEDULE
EXHIBIT "A" A - 9
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
6 . WHAT WE REQUIRE

FROM THE CITY
TKE requires a partnership with the City in delivering
these critical water supply infrastructure projects. To that end, we will require support from the City on the
following items:

Δ Issuing encroachment and building permits
to the contractor in a timely manner;
Δ Review and confirmation on TKE’s proposed
responses to RFIs and change orders prior to
issuing to the contractor to ensure project
delays are minimized; and
Δ Coordination with City water operations
staff on required shut-downs to
accommodate connections with the new
boosters.

We will work with the City at every step to ensure
successful project delivery. We will use this
opportunity to show our expertise and develop a
trusted partnership in successfully delivering CIP
projects for years to come.
7 . QUALITY

ASSURANCE/QUALITY

CONTROL
TKE takes pride in our reputation for thoroughness,
rapid turnaround, cost efficiency and overall quality
of work, and believes that a high level of quality is
needed on all construction progress. High quality
construction management and inspection services
yields the following tangible results:

Δ Ease of Oversight
Δ Smoother Processing
Δ Minimized Construction Support Cost
Δ Minimize Change Orders
Δ Reduced Claims and Dispute Resolution Costs
TKE’s quality assurance program is vital to successful
project completion. Our quality assurance program is
one that is applied inherently throughout the entire
construction process and all decision-making
activities. This program requires not only formal
procedures for checking at each intermittent project
task, but encourages the conscientious effort of
experienced people to always “create quality” in
every task performed throughout the construction
process.

This program has become a natural element in all
aspects of TKE’s oversight and management activities,
and will guide our work on this contract:

Δ Staff Training and Development
Δ Assignment of Experienced Staff
Δ Continuity of Staffing
Δ Project-Specific Construction
Management Work Plan
Δ Schedule Compliance
Δ Comprehensive Field Review
Δ Strict Construction Compliance
Δ Established Review Procedures
Δ Established Detailing Standards
Δ Established Checking Procedures,
Including Independent In-House QA/QC
Review
Δ Dual (Independent) Quantity Verification
Δ Review by Constructability Expert
This Quality Assurance/Quality Control program is in
place to ensure that construction will be completed in
a manner that exceeds the standards of our clients
and that we will deliver the project on schedule and
within budget.
8 . COMMON

CHALLENGES

S TRICT C ONSTRUCTION C OMPLIANCE
In order to ensure cost controls and maintain project
budgets, it is imperative that the City employ an
experienced Construction Management Team. Our
construction manager and inspector have
consistently delivered projects on-time and within
budget by maintaining an active dialogue and hands
on approach with the project contractor, while
ensuring that all construction is consistent with the
bid plans and specifications. We are currently a
completing construction management on other
booster and storage projects which makes us familiar
with applicable standards and specifications,
including but not limited to the City, the California
EXHIBIT "A" A - 10
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
Department of Public Health, AWWA, and
Greenbook.

D ISPUTE R ESOLUTION
TKE’s construction manager is highly skilled with and
has provided dispute resolution on a number of past
projects. The keys to avoiding potential costly and
time-consuming disputes are knowledge,
communication and organization. Our construction
manager prides himself on his thorough research and
review of the project plans and specifications and his
existing knowledge and understanding of the City,
AWWA, Caltrans, Greenbook and other standard
plans and specifications. His effective
communications skills ensure that all stakeholders are
constantly advised of project progress and
requirements. His proactive organizational program
effectively manages the construction schedule,
documents action items with required follow-up and
continuous schedule reviews and anticipate needs for
future action items. Our project manger’s ‘can do’
approach to all project issues nearly always results in resolution. He is non-combative with all project
stakeholders, maintaining professional working
relationships with each stakeholder regardless of
conflict. His perseverance and vast knowledge and
experience of issues will resolve challenges while
protecting the City interests.

P UBLIC R ELATIONS
TKE’s Construction Inspector is experienced with
public relations associated with construction
projects. TKE performs initial site visits to all
potentially affected properties to discuss the
upcoming project and any potential concerns the
property owner and/or tenant may have. TKE
identifies improvements that will benefit the property
owners to help them understand the importance of
project construction. Our approach builds a project
coalition with the property owners and tenants which
reduces public complaints at Council Meetings and
provides a sense of ownership with the project. TKE
Construction Inspector also perform routine visits
during construction to check on the property owners
concerns and to see if there are any issues that need
to be mitigated.

U TILITY C OORDINATION
Removals, relocation and adjustments to existing
utility facilities will require considerable effort and time. TKE has extensive experience with the
coordination required for removing and relocating
existing utilities and ensuring the relocations do not
conflict with the project construction schedule. The
key element to minimizing utility relocation impacts is early coordination with each of the affected utility
companies and persistent follow up procedures to
ensure the relocations stay on schedule. TKE will
work with the contractor to ensure all alignments and
proposed connection powts are potholed and that no
existing utilities conflict with the proposed pipeline
alignments exist. If conflicts arise during potholing,
TKE is familiar with design requirements and can
recommend corrective measures to help ensure the
project stays on schedule and within budget.

F UTURE S YSTEM I NTEGRATION
One of the critical issues with designing a booster
station to meet current and future demands. The
proposed booster stations have been designed to
accommodate additional pumps in the future to aid in
moving water between pressure zones. In addition,
the use of VFD will provide additional operational
flexibility. Our experience in water system design
allows us to avoid the common challenges which may
occur; such as undersized piping and lack of adequate
floor space for future expansions to the boosters,
mechanical piping, and electrical system. TKE will
monitor for potential constraints and ensure the
boosters will be efficient to operate and maintain and
cost effective now for future expansion needs.

Overlooking these seemingly simple issue can cause
extensive changes and costs in the future. We know
these issues and have proven methods to avoid them.

P ROJECT M ANAGEMENT
Project management will be an essential element in
all types of project delivery. Effective
communications will lead to effective
management. Management will include weekly
reviews of project budget and schedules and regular
meetings with all project shareholders.

EXHIBIT "A" A - 11
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Booster Stations Construction Management and Inspection Services (RFP-24-069) City of Banning
SECTION A | UNDERSTANDING AND APPROACH
For all projects, either development or capital
improvement, the most important aspect of
management will be to ensure that the City’s interests
are protected to the maximum extent possible. TKE
will ensure that public funds and impact fees are used
for the benefit of the community. Any deviation from
standards and requirements will be referred to the
City Engineer and TKE will implement direction given
by the City staff.

Managing other consultants is another area that TKE
excels. Due to our extensive variety of project
experience, TKE has a vast amount of knowledge with
all public works improvement projects. With this
understanding, TKE is able to manage others and
avoid any costly project changed conditions and
delays.
9 . CITY OWNED

FACILITIES
TKE will not require the use of any City owned
facilities to complete the project.

EXHIBIT "A" A - 12
531
Exhibit “A”-2
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.

IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 532
Exhibit “B”-1
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.
533
Exhibit “B”-2

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___________________________ 534
Exhibit “B”-3

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.
535
Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates attached as Exhibit C-1:

II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

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

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

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

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

D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 536
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
537
Exhibit “C-1”-2
538
Exhibit “D”- 1
11303-0008\2344655v8.doc
EXHIBIT “D”

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

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
539
Exhibit “D-1”- 1
EXHIBIT “D-1”

PROPOSED PROJECT SCHEDULE
540

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Art Vela, Director of Public Works
MEETING DATE: August 27, 2024
SUBJECT: Consideration of Resolution 2024-133, Awarding a Professional Services Agreement to Albert A. Webb Associates in the amount of $79,700 for CEQA Related Biological and Paleontological Monitoring and Reporting During the Construction of Charles Street and Lincoln Street NonPotable Water Booster Stations RECOMMENDATION:

Adopt Resolution 2024-133.

BACKGROUND:

Construction activities for the Charles Street and Lincoln Street Non-Potable Water Booster Stations projects are expected to start by the end of the year. The projects will be funded by the American Rescue Plan Act (ARPA) that was signed into law on March 11, 2021 by the President, establishing the Coronavirus State Fiscal Recovery Fund intended to provide support to state, local and tribal governments in responding to the economic impact of COVID-19.

On September 13, 2022, the City Council approved Resolution 2022-123 approving a Funding Agreement with Riverside County in the amount of $5,049,202 for the delivery of the Charles Street and Lincoln Street Non-Potable Water Booster Pump Station construction projects (“Projects”).

On February 28, 2023, the City Council approved Resolution 2023-05UA approving the award of a Professional Services Agreement to Albert A. Webb Associates (“WEBB”) for the preparation of California Environmental Quality Act (CEQA) and environmental clearance documents as required to comply with ARPA funding requirements for the Projects.

As a identified in the CEQA compliance documents, the City is required to provide biological monitoring and paleontological monitoring/reporting during the construction phase of the Projects.

On July 11, 2024, City staff requested a proposal from WEBB to address the additional biological and paleontological monitoring/reporting activities needed to be in compliance with ARPA funding related CEQA requirements. Webb proposal for these services was in the amount of $79,700.

The scope of work includes Biological Monitoring of the Montgomery Creek and associated Riversidian Alluvial Fan Sage Scrub habitat; and Paleontological Monitoring/Reporting of any fossils such as buried remains and other prehistoric organisms at the construction sites.

JUSTIFICATION:

The original Professional Services Agreement with WEBB to prepare CEQA documentation recently 541
expired, and a new agreement is needed to provide Biological and Paleontological Monitoring/Reporting services during the construction phase of the two booster station projects.

The award of a new Professional Services Agreement to WEBB as a sole source is necessary in order to avoid unnecessary delays in the project schedule.

FISCAL IMPACT:

The original Professional Services Agreement with WEBB in the amount of $147,200 was not fully expensed because some tasks such as Los Angeles Pocket Mouse Habitat Assessment, Focused Burrowing Owl Survey and Narrow Endemic Plant Species Survey were not needed. The reduction in contract tasks reduced the contract amount by $34,300.

An appropriation from the Water Capital Facilities Fund 661 to Account No. 661-6300-471.33-11 in the amount of $79,700 is necessary to fund the Professional Services Agreement with Albert A. Webb Associates. Fund 661 has a cash balance of approximately $3,249,388.99.

ALTERNATIVES:

Do not approve Resolution 2024-133 and provide alternative direction to staff.

BUDGETED?:

Yes
CONTRACT/AGREEMENT:

Yes
ATTACHMENTS:

1. Resolution 2024-133 Webb CEQA.docx

2. C01062 PSA for Albert A. Webb Assoc - CEQA Compliance Booster Station.pdf

3. Resolution No. 2022-123.pdf

4. Resolution No. 2023-05 UA.pdf

5. WEBB Proposal.pdf
542
Resolution 2024-133