RESOLUTION 2025-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, APPROVING THE CITY OF BANNING ELECTRIC UTILITY’S POWER SOURCE DISCLOSURE ANNUAL REPORT AND POWER CONTENT LABEL FOR CALENDAR YEAR 2024 WHEREAS, the City of Banning owns and operates its own Municipal Electric Utility; and WHEREAS, California State Senate Bill 1305 and Assembly Bill 162 have certain reporting requirements pertaining to electric utility Power Source Disclosure Annual Report and Power Content Labels; and
WHEREAS, the Banning Electric Utility (“Utility”) is subject to these reporting requirements; and
WHEREAS, the California Energy Commission, which has oversight authority for this requirement, has stated that the governing body of each locally owned public utility must approve both the Power Source Disclosure Annual Report and the Power Content Label for the utility(s) under its jurisdiction.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Resolution 2025-137, approving both the Utility’s Power Source Disclosure Annual Report and the Power Content Label for Calendar Year 2024, attached herewith as Exhibit “A” and Exhibit “B”.
SECTION 2. The City Council authorizes the Electric Utility Deputy Director, or his or her designee, to disseminate the information included on the Power Content Label to the Utility’s customers in compliance with the requirements of Senate Bill 1305 and Assembly Bill 162.
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 14th day of October 2025.
Sheri Flynn, Mayor
City of Banning
141
Resolution 2025-137
ATTEST:
Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
142
Resolution 2025-137
CERTIFICATION:
I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-137, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of October 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
143
Resolution 2025-137
EXHIBIT A
Power Source Disclosure Annual Report
144
Resolution 2025-137
EXHIBIT B
Power Content Label
145
Version: April 2025
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name and contact information above.
NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation California Energy Commission's website.
If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.
TITLE Power Resources Manager
2024 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2024
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.
GENERAL INSTRUCTIONS
RETAIL SUPPLIER NAME
City of Banning
CONTACT INFORMATION
NAME Jim Steffens
EMAIL [email protected]
WEBSITE URL
FOR PCL
POSTING
http://www.ci.banning.ca.us/DocumentCenter/View/224/PowerCo ntentLabel_2015_Annual
MAILING 99 E. Ramsey Street
CITY, STATE, ZIP Banning, CA, 92220
PHONE 951-922-3266
146
Annual Data
Instructions:
1. Enter the electricity portfolio name in cell O25 and additional electricity portfolio names as needed in cells P25-V25.2. Enter information about all power procurements and retail sales. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out.3. For all specified purchases, enter the facility name, fuel type, state or province, WREGIS ID of REC source, RPS ID of REC source, EIA ID of delivered energy, gross MWhs procured, and specified resales MWhs.4. For firmed-&-shaped procurements specifically, enter all fields from step 3. Additionally, enter the EIA ID of the substitute power in the "EIA ID of delivered energy" field and select "Yes" in the "Firmed-&-Shaped Resource?" field. 5. Proxy EIA IDs for unspecified power and specified system mixes from asset-controlling suppliers have been provided. Enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. 6. Proxy EIA IDs for aggregated reporting of WAPA CVP or PCIA resoures; Enter "CVP", "PCIA Solar", "PCIA Wind", "PCIA Eligible Hydro", or "PCIA Large Hydro" as applicable.7. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in the individual electricity portfolio tables to the right after all specified resources have been allocated.
8. Allocate net MWhs procured to each electricity portfolio until the loads are balanced across each portfolio. If the total Net MWhs Procured exceeds the total retail sales of all portfolios, allocate only enough MWh to meet the retail sales of each portfolio.
Over allocation
check ✓
Under allocation
check ✓
Coal check ✓
Negative
oversupply check ✓
Retail Sales 155839
Unmet Load
68103 0
Facility Name Fuel Type State or Province WREGIS ID of REC source
RPS ID of
REC
source
EIA ID of
delivered
energy
Gross
MWhs
Procured
Specified
Resales
MWhs
Net MWhs
Procured
Firmed &
Shaped
Resource?
Eligible for Firmed &
Shaped
Grandfathering?
Total EF
(MT
CO2e/MWh)
Total
GHGs
PCL EF
(MT
CO2e/MWh)
Electric Utility Electricity Portfolio #2 Name
RE Astoria 2 Solar CA W4931 62691A 59977 15842 4709 11133 0.0000 0.0000 11133Puente Hills Landfill Gas-to-Energy Fac Biomass & Biogas CA W448 60290A 10472 35567 21160 14407 0.6253 9009 0.0034 14407 Coso Energy Developers (BLM West) Geothermal CA W748 60322A 10875 4668 4668 0.4054 1892 0.0000 4668Coso Energy Developers (BLM East) Geothermal CA W460 60322A 10875 31397 13645 17752 0.4054 7197 0.0000 17752Coso Finance Partners (Navy I) Geothermal CA W747 60309A 10873 49 49 0.1539 8 0.0000 49Coso Finance Partners (Navy I) Geothermal CA W453 60309A 10873 21353 5364 15989 0.1539 2461 0.0000 15989Coso Finance Partners (Navy I) Geothermal CA W746 60309A 10873 4719 4719 0.1539 726 0.0000 4719 Palo Verde Nuclear Generating Station Nuclear Arizona 6008 19223 1504 17719 0.0000 0.0000 17719Hoover Dam Uprating Large Hydroelectric Arizona/Nevada border 154 1300 1300 0.0000 0.0000 1300 #N/A #N/A #N/A#N/A #N/A #N/A
147
Electric Utility Portfolio Totals PCL Data
Retail Sales 155839Total Specified 87736
Biomass & Biogas 14407 9%
Geothermal 43177 28%Eligible Hydroelectric 0 0%
Solar 11133 7%
Wind 0 0%Large Hydroelectric 1300 1%
Nuclear 17719 11%
Emerging Technologies 0 0%Other 0 0%
Natural Gas 0 0%
Coal & Petroleum 0 0%Unspecified Power - ACS 0Unspecified Power - Spot Market 68103Unspecified Power - Total 68103 44%Total PCL GHGs (MT CO2e) 29197.1 Emissions intensity (MT CO2e/MWh) 0.187
PCL GHG Intensity (lbs CO2e/MWh) 413
Unbundled REC %
0%
000000
Electric Utility
Electricity Portfolio
#3 Name
Electricity Portfolio
#4 Name
Electricity Portfolio
#5 Name
Electricity Portfolio
#6 Name
Electricity Portfolio
#7 Name
Electricity Portfolio
#8 Name Remainder/Oversupply Facility Name Fuel Type Net Procurement Annual
PCL
GHGs (MT
CO2e)
RE Astoria 2 Solar 11133 0Puente Hills Landfill Gas-to-Energy FacilitBiomass & Biogas 14407 48.9838 Coso Energy Developers (BLM West) Geothermal 4668 0Coso Energy Developers (BLM East) Geothermal 17752 0Coso Finance Partners (Navy I) Geothermal 49 0Coso Finance Partners (Navy I) Geothermal 15989 0Coso Finance Partners (Navy I) Geothermal 4719 0Palo Verde Nuclear Generating Station Nuclear 17719 0Hoover Dam Uprating Large Hydroelectric 1300 0- - -0- - -0 148
-
RETIRED UNBUNDLED RECS
Facility Name Fuel Type
State or
Province RPS ID Total Retired (in MWh)
Total Retired Unbundled RECs
Electric Utility
149
150
151
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Shah Nawaz, Deputy Water/Wastewater Director MEETING DATE: October 14, 2025
SUBJECT: Consideration of Resolution 2025-138, Awarding a Professional Services Agreement to West and Associates Engineering, Inc. in the Amount of $95,310 for the 2025 Urban Water Management Plan Update and Water Supply Assessments and Water Supply Verifications.
RECOMMENDATION:
Adopt Resolution 2025-138.
BACKGROUND:
As mandated by the State of California’s Urban Water Management Planning Act (California Water Code Section 10610 et seq.), every urban water supplier that provides water to more than 3,000 customers or supplies more than 3,000 acre-feet of water annually (enough to serve roughly 6,000 households for one year) is required to prepare and adopt an Urban Water Management Plan (UWMP) that meets prescribed requirements.
UWMPs are considered to be a foundation document and a source of information for Water Supply Assessments (Senate Bill 610) and Written Verification of Water Supply (SB 221). In addition, a UWMP serves as a long-term planning document for water supply, a source of data for development of a regional water plan, and a source document for cities and counties as they prepare their General Plans.
The planning documents are linked, and their accuracy and usefulness are interdependent.
Pursuant to the prescribed requirements of the UWMP by the Department of Water Resources (DWR), all plans must include the following:
Update service characteristic and demand projections. Water demand management measures & implementation.
Evaluate changes in demand needed to comply with California Water Use Objection (CWOU).
Update water resources and supply outlook.
Climate change impacts and drought risk assessment.
Calculate energy intensity of water.
Update seismic risk evaluations.
Update water shortage contingency plan (WSCP).
The City’s UWMP was last updated in 2020. Although the 2025 UWMP Guidebook has not yet been released, several legislative and regulatory changes since 2020 will directly affect how the City evaluates future water demands and supplies, including:
"Making Water Conservation a California way of life" legislation.
Compliance with water loss standards reporting.
The Sustainable Groundwater Management Act (SGMA)
152
Future water supply projects
On August 7, 2025, Public Works staff advertised a Request for Proposals (RFP) for the City’s 2025 UWMP Update via the City’s OpenGov e-procurement platform. Staff received five (5) proposals, from:
West & Associates Engineering, Inc.
Kennedy Jenks
Zanjero
Provost & Pritchard
Albert A. Webb Associates
A three-member evaluation committee reviewed the proposals using the City’s established criteria:
qualifications, pricing, experience, professional references, approach & methodology, and value-added services.
Based on the evaluation criteria, West & Associates Engineering, Inc. was determined to be the most qualified firm to successfully complete the 2025 UWMP Update. West & Associates also prepared the City’s 2020 UWMP Update and has demonstrated proven expertise with DWR compliance requirements.
According to their proposal, the total cost to complete the 2025 UWMP Update, along with related Water Supply Assessments (WSAs) and Water Supply Verifications (WSVs), is $95,310.
JUSTIFICATION:
The Urban Water Management Planning Act (California Water Code, Section 10610 et seq.), enacted in 1983, requires all urban water suppliers with more than 3,000 service connections to prepare and adopt an Urban Water Management Plan (UWMP) every five years. The UWMP must address changing conditions related to water sources, availability, demands, and long-term reliability over a 20-year planning horizon. Compliance with the Act is also required to maintain eligibility for State grants, loans, and drought relief assistance.
The City of Banning is required to complete and submit its 2025 UWMP update to the Department of Water Resources (DWR) by July 1, 2026.
FISCAL IMPACT:
A budget appropriation in the amount of $95,310 to Water Account No. 660-6300-471.33-11 is requested to fund the Professional Services Agreement. The Agreement term will be for up to five years, contingent upon satisfactory annual performance. It should be noted that more than 50% of the proposed costs are allocated to the preparation of WSAs and WSVs for future development projects. These costs will be invoiced to and recovered from developers.
The requested appropriation will have no impact on the General Fund.
ALTERNATIVES:
Reject the Professional Services Agreement with West & Associates Engineering, Inc. and provide staff with additional direction. Staff notes that failure to complete and submit the 2025 UWMP Update to DWR by July 1, 2026, as required by State law, may subject the City to penalties for non-compliance and could impact the City’s eligibility for State funding, loans, and drought assistance.
BUDGETED?:
No
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
153
1. Resolution No. 2025-138.docx
2. C01206 - PSA West Eng for Urban Water Plan.pdf
3. West & Associates Cost Proposal.pdf
154
Resolution 2025-138
RESOLUTION 2025-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT TO WEST AND ASSOCIATES ENGINEERING, INC. IN THE AMOUNT OF $95,310 FOR THE 2025 URBAN WATER
MANAGEMENT PLAN UPDATE AND WATER SUPPLY ASSESSMENTS AND WATER SUPPLY VERIFICATIONS.
WHEREAS, as mandated by the State of California’s Urban Water Management Planning Act (California Water Code Section 10610 et seq.), every urban water supplier that provides water to more than 3,000 customers or supplies more than 3,000 acre-feet of water annually (enough to serve roughly 6,000 households for one year) is required to prepare and adopt an Urban Water Management Plan (UWMP) that meets prescribed requirements; and WHEREAS, UWMPs are considered to be a foundation document and a source of information for Water Supply Assessments (Senate Bill 610) and Written Verification of Water Supply (SB 221). In addition, a UWMP serves as a long-term planning document for water supply, a source of data for development of a regional water plan, and a source document for cities and counties as they prepare their General Plans. The planning documents are linked, and their accuracy and usefulness are interdependent; and
WHEREAS, pursuant to the prescribed requirements of the UWMP by the Department of Water Resources (DWR), all plans must include the following; Update service characteristic and demand projections, Water demand management measures & implementation, Evaluate changes in demand needed to comply with California Water Use Objection (CWOU), Update water resources and supply outlook, Climate change impacts and drought risk assessment, Calculate energy intensity of water, Update seismic risk evaluations, Update water shortage contingency plan (WSCP); and
WHEREAS, the City’s UWMP was last updated in 2020. Although the 2025 UWMP Guidebook has not yet been released, several legislative and regulatory changes since 2020 will directly affect how the City evaluates future water demands and supplies, including "Making Water Conservation a California way of life" legislation, Compliance with water loss standards reporting, the Sustainable Groundwater Management Act (SGMA), Future water supply projects; and WHEREAS, on August 7, 2025, Public Works staff advertised a Request for Proposals (RFP) for the City’s 2025 UWMP Update via the City’s OpenGov e-procurement platform. Staff received five (5) proposals, from West & Associates Engineering, Inc, Kennedy Jenks, Zanjero, Provost & Pritchard, Albert A. Webb Associates; and
WHEREAS, a three-member evaluation committee reviewed the proposals using the City’s established criteria: qualifications, pricing, experience, professional references, approach & methodology, and value-added services. Based on the evaluation criteria, West & Associates Engineering, Inc. was determined to be the most qualified firm to successfully complete the 2025 UWMP Update. West & Associates also prepared the City’s 2020 UWMP Update and has demonstrated proven expertise with DWR compliance requirements. According to their proposal, the total cost to complete the 2025 UWMP Update, along with related Water Supply Assessments (WSAs) and Water Supply Verifications (WSVs), is $95,310; and WHEREAS, The Urban Water Management Planning Act (California Water Code, Section 10610 et seq.), enacted in 1983, requires all urban water suppliers with more than 3,000 service 155
Resolution 2025-138
connections to prepare and adopt an Urban Water Management Plan (UWMP) every five years.
The UWMP must address changing conditions related to water sources, availability, demands, and long-term reliability over a 20-year planning horizon. Compliance with the Act is also required to maintain eligibility for State grants, loans, and drought relief assistance. The City of Banning is required to complete and submit its 2025 UWMP update to the Department of Water Resources (DWR) by July 1, 2026; and
WHEREAS, a budget appropriation in the amount of $95,310 to Water Account No. 660- 6300-471.33-11 is requested to fund the Professional Services Agreement. The Agreement term will be for up to five years, contingent upon satisfactory annual performance. It should be noted that more than 50% of the proposed costs are allocated to the preparation of WSAs and WSVs for future development projects. These costs will be invoiced to and recovered from developers.
The requested appropriation will have no impact on the General Fund; and WHEREAS, reject the Professional Services Agreement with West & Associates Engineering, Inc. and provide staff with additional direction. Staff notes that failure to complete and submit the 2025 UWMP Update to DWR by July 1, 2026, as required by State law, may subject the City to penalties for non-compliance and could impact the City’s eligibility for State funding, loans, and drought assistance; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council Award a Professional Services Agreement to West and Associates Engineering, Inc. in the Amount of $95,310 for the 2025 Urban Water Management Plan Update and Water Supply Assessments and Water Supply Verifications.
SECTION 2. The City Council authorizes the City Manager to make non-substantive changes to the Professional Services Agreement with West and Associates Engineering, Inc. in the Amount of $95,310 for the 2025 Urban Water Management Plan Update and Water Supply Assessments and Water Supply Verifications on behalf of the City Council.
SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 14th day of October, 2025.
Sheri Flynn, Mayor
City of Banning
ATTEST:
156
Resolution 2025-138
Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney,
LLP
157
Resolution 2025-138
CERTIFICATION:
I, Sandra Calderone, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-138, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of October, 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
158
Resolution 2025-138
EXHIBIT A
Award a Professional Services Agreement to West and Associates Engineering, Inc. in the Amount of $95,310 for the 2025 Urban Water Management Plan Update and Water Supply Assessments and Water Supply Verifications.
159
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AGREEMENT FOR PROFESSIONAL SERVICES (C01206) FOR URBAN
WATER PLAN BY AND BETWEEN CITY OF BANNING AND WEST &
ASSOCIATES 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 West & Asociates 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 a Request for a Proposal (RFP 25-108) for the performance of the services for Engineering Services fo the Urban Water Plan 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 160
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standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).
1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 161
-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. 162
-4-
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
Phillip West 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. 163
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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 164
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
1.15 Debarment or Suspension.
Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Ninety-Five Thousand Three Hundred Ten Dollars ($95,310.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
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City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to 166
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unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.
3.4 Term.
The Term of this Agreement shall be from the Effective Date through October 31, 2026, with an option of four (4) one year extensions, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits of Insurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
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D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non-Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
4.5 Consultant’s Waiver of Subrogation.
The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
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If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
4.9 Evidence of Insurance.
Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.
4.11 Sub-contractor Insurance Requirements.
Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising 169
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from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement. 170
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ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 Service Records.
Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.
5.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All 171
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sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
5.4 Confidentiality and Release of Information.
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. 172
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6.2 Disputes; Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.
In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the 173
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provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6.7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.
6.8 Attorneys’ Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other 174
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relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement. 175
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7.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
If to City
With a courtesy copy to:
Attn: Shah Nawaz
Deputy Director of Water/Wastewater
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
John Pinkney, Acting City Attorney
Slovak Baron Empey Murphy &
Pinkney LLP
74774 CA-111
Indian Wells, CA 92210
Email: [email protected]
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If to Consultant: Attn: Phillip West
President
West & Associates Engineering, Inc.
78 Anacapa Court
Foothill Ranch, CA 92610
Email: [email protected]
8.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 177
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B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
8.7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.
8.9 Non-Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
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“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Electronic Signatures.
Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Art Vela, Date
Interim City Manager
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Sandra Calderon Date
Acting Administrative City Clerk
Address:
APPROVED AS TO FORM:
Slovak, Baron, Empey, Murphy & Pinkney
LLP
City Council Approval: _____________
John O. Pinkney Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
180
Exhibit “A”-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Engineering Services for Urban Water Plan 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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SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 1 of 14
General UWMP Project Understanding
It is our understanding that the City of Banning (City) is seeking a qualified consultant to prepare the 2025 Urban Water Management Plan. As mandated by the State of California's Urban Water Management Planning Act, every urban water supplier providing water for municipal purposes to more than 3,000 customers, or supplying more than 3,000 acre-feet of water annually, is required to prepare and adopt an Urban Water Management Plan (UWMP) containing prescribed requirements. The UWMP needs to be periodically reviewed every five years. UWMPs are required for a water supplier to be eligible for State grants and loans, including:
Drinking Water State Revolving Fund – Primarily funds to help correct deficiencies. Proposition 50 – Primarily funds for security and treatment technology. Proposition 84 – Primarily funds for supplies and infrastructure. Proposition 1 – Primarily funds for supplies and infrastructure.
With regard to the funding opportunities listed above, the process typically goes as follows:
Agency submits
application for funds
to one of DWR's
programs listed
above
DWR reviews the
agency's UWMP
for conformance to
the Water Code
Letter is issued to
agency detailing
conformance or
non-conformance
Agency may revise
and re-adopt their
UWMP as
necessary.
From our discussions with DWR, we understand that agencies that submit their UWMPs past the deadline are still eligible for grants or loans, but applications for such funds can be challenged by competing agencies for the same funding.
UWMP Significance for the City of Banning
UWMPs are considered to be a foundation document and a source of information for Water Supply Assessments (Senate Bill 610) and Written Verifications of Water Supply (SB 221). In addition, a UWMP may serve as a long-range planning document for water supply, a source of data for development of a regional water plan, and a source document for cities and counties as they prepare their General Plans.
These planning documents are linked, and their accuracy and usefulness are interdependent.
Exhibit "A" Exhibit "A" - 2
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SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 2 of 14
Water Supply Assessments and Verifications
We understand the selected Consultant will support the City in preparing Water Supply Assessments (WSAs) and WSVs for applicable development projects, in accordance with the requirements of California Water Code Sections 10910–10915 (Senate Bill 610 and Senate Bill 221) and related CEQA and planning laws. Per Amendment No. 1 (Q&A), the length of the Contract for this project will be up to five (5) years, with one (1) base year and four (4) 1-year optional renewals, per section 8.4 Contract Term. This is due to the City possibly requiring WSAs and/or WSVs even after the 2025 UWMP is completed. For the purposes of this proposal, we’ve assumed a level of effort (cost estimate) for preparing three (3) WSAs and/or WSVs over the 5-year contract term. While the exact number of WSAs and WSVs is unknown at this time, allowances or adjustments may be considered at the time each is prepared based on the scope of the project.
The WSAs and/or WSVs will assess the City’s existing water system, including existing sources of water supply and existing demand. The WSAs and/or WSVs will also forecast planned water consumption (including the Development), and determine the capacity of the City to serve the Development. We will determine if the 2018 IMP estimated a water demand for each Development, although it is not very likely, especially since Development costs have most likely changed since then, and determine if these were accounted for in the City’s 2020 UWMP planning period projections. Only the Atwell Project (formerly “Butterfield Specific Plan”) and Rancho San Gorgonio Specific Plan were accounted for in the 2018 IMP or 2020 UWMP. Accordingly, this Proposal outlines the Scope of Work, Schedule, and Fee to prepare a full WSAs and/or WSVs, which establishes projections for the updated Development.
We anticipate the following completion schedule for each WSA and/or WSV
1. Complete Draft WSA: Within Three (3) Months of P.O. and/or Receipt of All Necessary Data
2. Complete Final WSA: Within One (1) Month of Review Comments from City Hexavalent Chromium
In preparing the Water Supply Verifications (WSV) for the Specific Plan Phase 2B (Development) of the “Atwell” Project, we understand the City recently tested for hexavalent chromium at nineteen (19) out of its twenty-one (21) groundwater wells, and plan to test the remaining two (2) wells (4 and 5) in the near future. Wells 4 and 5 were down during the testing period. Eleven (11) wells tested near or above the new Exhibit "A" Exhibit "A" - 3
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SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 3 of 14
MCL. Therefore, the City plans to construct several Treatment Facilities throughout its service area. New well C8 will provide further water supply to the Atwell Project, which was recently drilled and plans for equipping the well are underway. The City is currently reviewing the potential to treat well C8 and existing wells C2, C4, and M3 at a cluster location currently referred to as the Foothill West Cluster Treatment Facility. The City’s reliance on the 2018 Integrated Master Plan (IMP), coupled with recent Hexavalent Chromium detections in nine wells near or above the 10 ppb MCL, will require discussion on water quality impacts (possibly potential loss of production capacity) and contingency planning in the 2025 UWMP.
Current Updates to UWMPs (2025)
To help provide our clients with the best possible service for the 2025 UWMPs, we have recently reached out to the Department of Water Resources (DWR) regarding key updates for the 2025 UWMPs. Although the Guidebook for updates to the 2025 UWMP is not yet available, we plan to attend DWR’s public meeting regarding UWMPs in Fall 2025. The following were some of the key updates to the water code affecting the previous (2020) UWMPs:
CWC § 10631 (a): Include current and projected land uses in addition to population estimates. CWC § 10631 (f): Identify potential water supply projects during droughts of up to five (5) years. CWC § 10631.2 (a): UWMPs must report on the energy intensity of water supplies. CWC § 10632 (a)(3): Water Shortage Contingency Plan must include six (6) Standard Stages. CWC § 10632.5 (a): Water Shortage Contingency Plan must include Seismic Risk Assessment. CWC § 10635 (a): Water reliability projections must project droughts lasting up to five (5) years. CWC § 10635 (b)(4): Water reliability projections should account for impacts of climate change.
Guidance on the “60-Day” Notice
Some of our UWMP clients have questions regarding the “60-Day” notice of the Public Hearing. It may appear from first glance that the “60-Day” notice must be contingent on the Draft UWMP being available for review or inspection. However, the “60-Day” notice is simply an alert to neighboring agencies, including the County, that the UWMP is being updated. Nevertheless, our schedule allows for the Draft UWMP to be available three (3) weeks prior to the Public Hearing, allowing ample review time.
Exhibit "A" Exhibit "A" - 4
184
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 4 of 14
UWMP Timeline
We have prepared the following graphic to display our understanding of UWMPs:
Present: The UWMP guidebook is currently slated
to be released approximately one year before the due
date of 2025 UWMPs ,which is July 1, 2026.
Exhibit "A" Exhibit "A" - 5
185
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 5 of 14
Project Approach
To accomplish the Scope of Work, we intend to begin preliminary work on this project upon notice of contract award (instead of upon Notice to Proceed). Typically, notice of contract award occurs up to two weeks prior to the Kickoff Meeting. The preliminary work conducted prior to the Kickoff Meeting will include conducting a thorough review of the previous 2010 UWMP, 2015 UWMP, and 2020 UWMP, and requesting data from the City in advance of the Kickoff Meeting. This approach will result in a more productive Kickoff Meeting and an accurate analysis of data. Most importantly, an early start will save time.
Per Amendment No. 1 (Q&A), the Kick-off Meeting will be in person, as it is beneficial for introductions and potential site visits. As mentioned in the RFP, all other meetings will be virtual through Microsoft Teams.
Our approach is illustrated below.
1. City Staff Notifies of
Intent to Award
2. Review UWMP and
Request Data from City 3. Receive Data from City
4. Prepare Summary of
Discussion Points for
Kickoff Meeting
5. Conduct a More
Effective Kickoff Meeting
6. Prepare Analysis
(Items 7 to 13 of Project
Schedule)
7. City Confirms Analysis 8. Proceed to Preparation
of UWMP
Scope of Services
The Scope of Work presented in this proposal can be simplified into three (3) basic categories of work with three (3) basic tasks. This allows for the entire project to be viewed in a simple “3x3” work plan as shown on the following page:
Exhibit "A" Exhibit "A" - 6
186
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 6 of 14
Coordination Coordination with
City Staff
Coordination with
Outside Agencies
(i.e. DWR)
Coordination for
60-day notice & 2-
wk/1-wk notices
Data
Analysis
Coordination with
City Staff Data Analysis
Gather
supplemental data
as necessary
Report
Preparation
Draft(s) of UWMP Final UWMP for
Public Hearing
Record (Adopted)
UWMP Submittal
to DWR
The above graphic is not meant to convey sequence. The sequence of tasks is presented in our project schedule of this Proposal. Some of the scope items listed in the graphic above can be performed at the same time, whereas others are inter-linked. The above graphic is merely presented to show the categories of work. We will provide the services as described on the following pages:
A. Project Management & Meetings
Work to be performed under this category will commence by conducting a Kick-Off meeting with City staff to form internal contacts and to lay out the agenda and schedule. Following the kickoff meeting, this category will include the following tasks:
1. Establishing quality assurance and control standards.
2. Establishing contacts with outside agencies to obtain additional data and assistance.
3. Schedule monitoring and updating as necessary.
4. Coordination with City’s Project Manager and other key staff to clarify data and to schedule deliverables and meetings.
5. Coordination with City staff to issue the 60-day notice.
6. Coordination with City Staff to issue the 2-week notice and the 1-week notice.
7. Progress meetings with City staff at the Analysis (Water Demand Projections) completion, Draft WSCP submittal (Section of UWMP), Draft UWMP submittal, Final UWMP submittal, and monthly in which these aforementioned meetings don’t take place (all will be online).
8. Coordination with City Staff prior to the Public Hearing (2).
9. Other meetings as necessary.
10. Preparation of meeting agendas and minutes.
11. Printing, packaging, and delivery of documents.
12. Invoicing at Draft and Final Levels of UWMP.
Exhibit "A" Exhibit "A" - 7
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SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 7 of 14
B. Data Collection & Analysis
1. Projected Population & Commercial/Industrial/Institutional (CII) Growth: Prepare population and CII projections based on City’s 2020 UWMP for compliance with the Water Code and Guidebook. Projections will address both permanent and transient populations.
2. Projected Demand: Prepare a complete demand forecast, including permanent and transient populations, distribution system water loss, CALGreen Codes, and water savings from demand management measures as well as state and municipal codes and standards for a minimum 25- year horizon.
The projections will Include gallons per capita per day (GPCD) in baseline water use and demand projections.
Projections will also take into account historical and current water production by user class (including but not limited to residential, multi-family, irrigation, fire service, and each subclass of commercial). Current and future water demand projections will be developed in ten-year increments from 2040 to build-out (2065), and will apply for years starting with 2040, 2050, and 2060 (end in 2065, making it a five-year increment).
A standalone system water loss report that considers the City’s historical Validated Water Loss Audits will be incorporated, to ensure compliance with the State mandates.
3. Projected Supply: Prepare an update of current and potential water sources for a minimum 25- year horizon. Include supply use targets in GPCD as well as acre feet (AF), based on the baseline developed in projected demand. Consider all data available including the hydrological model, Replenish reports, Technical Review Team agenda items, and historic documents.
4. Water-Energy Intensity Analysis: Calculate the energy intensity of groundwater pumping, conveyance, treatment, storage, and distribution.
5. Drought Risk Assessment and Climate Assessment: These assessments will be a part of the UWMP. Quantify the impact of climate change and drought risk on supplies. Evaluate plausible worst-case conditions for a period of at least ten years. Consider reviewing the Drought and Water Shortage Risk Explorer Tool for Small Water Suppliers and Rural Communities for local risk scores and indicators.
Exhibit "A" Exhibit "A" - 8
188
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 8 of 14
6. Water Shortage Contingency Plan: The Water Shortage Contingency Plan (WSCP) will be part of the UWMP. The WSCP must demonstrate the ability of City to meet demands under a supply shortage up to 50 percent, with levels of shortage and response actions. We will work with City staff to develop:
a. An annual water budget forecast process and assessment. This will include the City’s recently completed 2025 Annual Water Supply and Demand Assessment. b. A list of indicators (reviewed annually) to determine if a water supply shortage is anticipated.
c. A worksheet that can be used to compare supply and demand, including available supply mitigation options.
d. A calendar indicating the months or seasons when the water budget will be developed and when indicators of a potential shortage should be evaluated. e. A description of revenue impacts in water shortage periods. Potential water rate adjustments may be developed in collaboration with City. f. A process flow chart to document implementation actions to be taken. g. An organizational chart showing which City staff are responsible for tracking and implementing the WSCP.
h. A Public Outreach plan based on WSCP implementation.
7. Seismic Risk Assessment and Mitigation Plan (optional): The seismic risk assessment must include a description of the vulnerability of each of its water system(s) facilities as follows:
a. Evaluate seismic risk zone for the water supplier.
b. Identify best practices to reduce seismic risk at critical water facilities (e.g. tie tanks to foundations, flex couplings at tanks, anchoring at pump stations, and treatment plants). c. Inventory major equipment at pump stations (including wells), treatment plants, and most critical facilities.
d. Confirm best practices are implemented by the water supplier at the facilities. e. Identify facilities that are most at-risk and the relative impact of that facility on water delivery. Develop a plan to reduce the risk at these facilities.
C. Outreach & Coordination with Other Agencies and Stakeholders This work item will include contacts with outside agencies necessary to obtain additional data and assistance.
Exhibit "A" Exhibit "A" - 9
189
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 9 of 14
1. Coordination with local water agencies to provide data for use in preparing the UWMP; to obtain water supply forecasts, reliability assessments, and water shortage contingency planning for the region; and for discussion of imported water quality.
2. Coordination with DWR as necessary.
3. Prepare public notices for City staff’s review and approval.
4. Draft the 60-day notice for City’s use in sending out to agencies.
5. Draft the 2-week and the 1-week notices for City’s use in publishing to the local press.
D. Preparation of Urban Water Management Plan
This work item will include the preparation of City’s UWMP per the latest requirements, and will include the following content:
1. Describe the service area of City. Include current and projected population in five-year increments over a 25-year period. This data will be provided by City.
2. Identify and quantify the existing and planned sources of water available to City over the same five-year increments over a 25-year period.
3. Describe the reliability of the water supply and vulnerability to seasonal or climatic shortages.
Provide data for an average water year, a single dry water year, and multiple dry water years.
4. Describe the opportunities for exchanges or transfers of water on a short-term or long-term basis.
5. Quantify past, current, and projected water use in the same five-year increments over a 25- year period. Identify the uses among water use sectors, including:
a. Single-family residential b. Institutional and Governmental c. Multi-family residential d. Landscape
e. Commercial f. Sales to other agencies
g. Industrial h. Agricultural
6. Describe the City’s water demand management measures (DMMs), including:
a. A schedule of implementation for all water demand management measures proposed or described in the UWMP.
Exhibit "A" Exhibit "A" - 10
190
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 10 of 14
b. A description of the methods that City will use to evaluate the effectiveness of water demand management measures implemented or described in the UWMP. c. An estimate, if available, of existing conservation savings on water use within City's service area, and the effect of such savings on City's ability to further reduce demand.
7. Evaluate each water demand management measure that is not currently being implemented or scheduled for implementation. In the course of the evaluation, first consideration will be given to water demand management measures that offer lower incremental costs than expanded or additional water supplies. This evaluation will do the following:
a. Take into account economic and non-economic factors, including environmental, social, health, customer impact, and technological factors.
b. Include a cost-benefit analysis, identifying total benefits and total costs. c. Include a description of funding available to implement any planned water supply project that would provide water at a higher unit cost.
d. Include a description of City’s legal authority to implement the measure and efforts to work with other relevant agencies to ensure the implementation of the measure and to share the cost of implementation.
8. Prepare a detailed description of expected future projects and programs, other than the demand management programs, that City may implement to increase the amount of the water supply available to City in average, single-dry, and multiple dry water years.
9. Describe the opportunities for development of desalinated water, including ocean water, brackish water, and ground water as a long-term supply.
10. Provide the wholesale agency with water use projections in five-year increments over a 25- year period, or as far as data is available.
11. Prepare a Water Shortage Contingency Plan (WSCP), which includes the following elements:
a. Stages of action to be undertaken by City in response to water supply shortages, including up to a 50 percent reduction in water supply and an outline of specific water supply conditions that are applicable to each stage.
b. An estimate of the minimum water supply available during each of the next three water years based on the driest three-year historic sequence for City's water supply. c. Actions to be undertaken by City to prepare for and implement during a catastrophic Exhibit "A"
Exhibit "A" - 11
191
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 11 of 14
interruption of water supplies, including a regional power outage, an earthquake, or other disasters.
d. Additional mandatory prohibitions against specific water use practices during water shortages, including prohibiting the use of potable water for street cleaning. e. Consumption reduction methods in the most restrictive stages. f. Penalties or charges for excessive use.
g. Revenues and expenditures, and proposed measures to overcome those impacts. h. A draft water shortage contingency resolution or ordinance. i. A mechanism for determining actual reductions in water use pursuant to the urban water shortage contingency analysis.
12. Evaluate the requirements of Senate Bill No. 7 (SBx7-7) to achieve a 20% reduction in urban per capita water use by December 31, 2025. Since this date is approaching, this requirement will be reevaluated with DWR upon project kickoff.
13. Provide, to the extent available, information on recycled water and its potential for use as a water source in City’s service area.
14. Include information, to a practicable extent, on the quality of existing sources of water available to City in five-year increments over a 25-year period. Identify how the quality of these sources affect water management strategies and supply reliability.
15. Provide an assessment of the reliability of City's water service, which will include an assessment of the reliability of City’s water service to its customers during normal, dry, and multiple dry water years. This water supply and demand assessment will compare the total water supply sources available to City, with the total projected water use in five-year increments over a 25-year period for a normal water year, a single dry water year, and multiple dry water years.
16. Prepare a report outlining the findings, conclusions, and recommended actions pursuant to the Urban Water Management Planning Act.
E. Presentation of UWMP
Work to be performed under this work item will include preparation of presentation documents and presentation of the UWMP as follows:
1. Preparation of documents including exhibits, agenda, and PowerPoint files.
Exhibit "A" Exhibit "A" - 12
192
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 12 of 14
2. Presentation to City Staff during progress meetings.
3. Provide assistance to City staff in scheduling Public Hearing.
4. Presentation of 2025 UWMP to City Council at the Public Hearing (Council Meeting).
5. Provide assistance to City staff for the adoption and resolution of the 2025 UWMP.
F. Submission to Department of Water Resources
Once the City adopts its 2025 UWMP, we will finalize the entire document (including appendices) submit the Record (Adopted) 2025 UWMP to DWR electronically via their “WUE” tool. We will also assist City staff in providing CD or flashdrive copies of the Record (Adopted) 2025 UWMP to the County and the State Library, as required by DWR.
G. Project Deliverables
We will provide the following deliverables for City during the course of this project:
1. Initial Data Request Memo upon Notice of Contract Award (to Kick-Start Task B above)
2. Technical Analysis (Spreadsheets, Tables, and/or Graphs) for:
a. Population Analysis
b. Supply/Demand
c. Other Analysis (Water Quality, Energy, Drought, Contingency)
3. Five (5) Hard Copies of the Final 2025 UWMP
4. PDF and Microsoft Word version of the Analysis (Water Demand Projections), Draft WSCP (Section of UWMP), Draft UWMP, Final UWMP, Record (Adopted) UWMP, to be submitted to DWR, and Errata UWMP (with any corrections).
a. 60-day notice letter (template for City use)
b. 2-week notice and 1-week notices (template for City use) c. Agenda for the Public Hearing
d. PowerPoint Presentation at the Public Hearing
e. City Council Resolution (Included in the UWMP; City to provide) f. PDF version of Record (Adopted) 2025 UWMP with Appendices to Outside Agencies
5. Other deliverables as necessary.
Exhibit "A"
Exhibit "A" - 13
193
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 13 of 14
Assumptions
For this project, we assume City staff will have the following responsibilities:
Provide Data on City’s Water System
Provide Other City Data (Planning Documents, Financial Documents, etc.) Host/Facilitate In-Person Meetings (West Team Staff can do so for online progress meetings) Mediate Contact between City Council and West Team Staff Mediate Contact between City Residents and West Team Staff Provide Outreach to Agencies/Stakeholders for 60-day Notice (West to Provide Template) Provide Outreach to Local Press for 2-wk/1-wk Notices (West to Provide Template) Provide Copy of City Council Resolution after City Council Adoption of UWMP Project Schedule
2025 UWMPs can cover either CY 2025 or FY 2024-2025, and the City’s 2020 UWMP covered CY 2020. As verified in the City’s Amendment No. 1 (Q&A), the 2025 UWMP will cover CY 2025 and the Draft UWMP will be submitted by March 31, 2026. We have included our schedule to complete the project in MS Project format based on an assumed start date of October 28, 2025, as outlined in the RFP. This will allow for ample time to review the 2025 UWMP Guidebook, once released, and for West & Associates to complete services for two (2) other projects. Once available, CY 2025 data will be incorporated into the Analysis and relevant Sections of the UWMP. Our schedule shows submittal of the Record (Adopted) 2025 UWMP to DWR by early-June 2026, which is one (1) month prior to the July 1, 2026 deadline. Of course, this Project Schedule is flexible and we can begin the work at any time.
Exhibit "A"
Exhibit "A" - 14
194
SECTION A: STATEMENT OF UNDERSTANDING AND APPROACH
Proposal for: City of Banning - 2025 Urban Water Management Plan Section A - Page 14 of 14
Quality Assurance/Control
From our UWMP experience, we understand that the Department of Water Resources (DWR) may take a few years to review the UWMP. Should DWR have any comments to the UWMP, we are able to respond to any DWR comments even if the comments are received a few years after completion of the 2025 UWMP. However, our goal is to prepare a UWMP that meets DWR requirements. To accomplish this, we will implement the following quality assurance/control measures:
The Project Manager, Mr. Phillip West, will be directly involved with this project. Instead of periodic reviews and dictations to engineering staff, he will work alongside engineering staff to ensure the work is done properly. All staff members have access to the same files and can edit as the needs arise without things being “lost-in-translation”. This drastically reduces errors during the work process.
We will keep in touch with DWR on a regular basis. This will include phone calls, emails, and webinars. In fact, we plan to attend DWR’s public meeting regarding the Draft Guidebook for updates to the 2025 UWMPs in early 2025 and we have attended various DWR working group meetings throughout 2024 regarding proposed changes to the 2025 UWMPs. All work will go through a quality assurance/control process before submittal to the client. We strive to have all projects reviewed by an experienced individual not directly involved with the project, although general familiarity with the project and the client is desirable. During the quality assurance/control process, Adobe PDF software is utilized to review documents as opposed to printing hard copies. Although this is a “green” method, its primary function is to save time and to keep records of our quality control. This is also important if any quarantines persist during this project. The review of the construction documents shall focus on the following three key areas:
1) conformance to DWR criteria, 2) accuracy of data, and 3) quality of writing.
To ensure the Final UWMP adheres to DWR requirements, we will complete the UWMP checklist before each submittal. The checklist will provide the Section and/or Page number where the information can be found in the UWMP. This will help the City confirm that the UWMP adheres to DWR requirements before it is submitted to DWR.
Exhibit "A"
Exhibit "A" - 15
195
Exhibit “A”-16
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. 196
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.
197
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___________________________ 198
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.
199
Exhibit “C”-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as Exhibit C-1:
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 200
Exhibit “C-1”- 1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
201
Exhibit
“C-1”- 2
202
Exhibit “D”- 1
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.
203
Exhibit “D-1”- 1
EXHIBIT “D-1”
PROPOSED PROJECT SCHEDULE
204
.
City of Banning
Fee Proposal for:
2025 Urban Water
Management Plan
September 8, 2025
Submitted by:
West & Associates Engineering, Inc.
In association with: John Robinson Consulting, Inc.
205
COST PROPOSAL
Cost Proposal - Page 1of 2
Detailed Fee Estimate
Non-Optional Work: $89,800
206
COST PROPOSAL
Cost Proposal - Page 2of 2
Optional Work: $5,510
HOURLY RATE CHART AND EXPENSE REIMBURSEMENT SCHEDULE
(FOR UWMPS)
Key Positions
Position Hourly Rates
Project Manager $235
Engineer $190
Quality Assurance/Control $205
Secretary $90
Reimbursable In-House Costs
Vehicle mileage, between engineer's office and
project site and/or client offices
$ 0.7/mile
Reproduction, printing, and any other services
performed by subcontractor
cost + 15%
Postage Delivery Service, Express Mail cost + 15%
NOTE: All rates are effective until the end of this contract. In addition, charges invoiced to the City for travel, lodging and subsistence shall not exceed the current IRS rates. 207
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Nathan Smith, Deputy Director of Public Works/City Engineer MEETING DATE: October 14, 2025
SUBJECT: Consideration of Resolution 2025-140, Awarding a Professional Services Agreement for the Design of the Pedestrian Crossings Upgrade at Nineteen Intersections throughout the City of Banning to TKE Engineering, Inc. in the amount of $86,075 and Approving a 10% Contingency for a Total Project Budget of “Not-to-Exceed” $94,682.50 RECOMMENDATION:
Approve Resolution 2025-140.
BACKGROUND:
Based on the City of Banning Local Road Safety Plan (LRSP) citywide crash analysis, 65% of the total crashes occurred at unsignalized intersections, including 62% of the crashes that resulted in fatality and 70% of the crashes that resulted in severe injury. Analysis also identified pedestrians as vulnerable roadway users. Pedestrians were only involved in 7% of total crashes but were over-represented in crashes resulting in fatality and severe injury, 46% and 12% respectively. Based on the crash analysis results, unsignalized intersections with pedestrian crossings represent some of Banning’s highest fatal and injury crash concentrations and crash types. Nineteen (19) unsignalized intersections were identified as needing safety improvements including:
1. Monarch Way and Wilson Street
2. Apex Street and Ramsey Street
3. 20th Street and Wilson Street
4. Nicolet Street and 21st Street
5. Nicolet Street and Sims Street
6. Wilson Street and 10th Street
7. Alessandro Road and Hoffer Street
8. Wilson Street and Hargrave Street
9. Alessandro Road and George Street
10. Nicolet Street and Alessandro Road
11. Livingston Street and 2nd Street
12. San Gorgonio Avenue and Lincoln Street (Route 243)
13. San Gorgonio Avenue and Westward Avenue (Route 243)
14. Nicolet Street and 20th Street
15. Nicolet Street and 2nd Street
16. San Gorgonio Avenue and George Street
17. Nicolet Street and Murray Street
18. Wilson Street and Florida Street
208
19. Westward Avenue and 4th Street
On October 12, 2021, under Resolution 2021-91, the City Council approved the California Department of Transportation Highway Safety Improvement Program (HSIP) State-Aid Master Agreement 08-5214S2 for the purpose of improving pedestrian safety.
On October 10, 2023, under Resolution 2023-167, the City Council approved Program Supplement Agreement No. 0000A278 with the State of California Department of Transportation Highway (Caltrans) for the Design of the Pedestrian Crossings Upgrade at Nineteen Intersections throughout the City of Banning.
On July 7, 2025 staff released a Request for Proposals (RFP) for Design Services for the Pedestrian Crossings Upgrade at Nineteen Intersections throughout the City of Banning through the City’s public bidding platform. The proposals were due on August 12, 2025. In response to the RFP, five (5) proposals were received and scored from the following consultants:
Consultant Score (out of 100)
1) TKE Engineering, Inc., of Riverside, CA 83.17
2) STC Traffic, Inc., of Carlsbad, CA 81.67
3) Rick Engineering, Inc. of Riverside, CA 81.33
4) Onward Engineering of Anaheim, CA 79.33
5) Willdan Engineering of Anaheim, CA 77.33
The project design services scope of work will consist of project administration and management, preliminary engineering, Plans, Specifications and Estimates.
JUSTIFICATION:
The Project will improve safety of the unsignalized intersections by installing curb extensions, ADA curb ramps, Rectangular Rapid Flashing Beacons (RRFB), high visibility crosswalks, and advanced warning signs and pavement markings.
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 recommends the award of a professional services agreement to TKE Engineering, Inc., in the amount of $86,075.
FISCAL IMPACT:
Staff recommends awarding a Professional Services Agreement to TKE Engineering, Inc. in the amount of $86,075 and approving a 10% contingency in the amount of $8,607.50 for a total “not-to-exceed” project budget of $94,682.50.
The project will be funded from Street Fund Account 100-4900-431.90-10 in the amount of $85,333 and from Measure “A” Account 101-4900-431.93-16 in the amount of $9,349.50.
The project costs are eligible and expected to be reimbursed by the State of California Department of Transportation Cycle 11 HSIP. The City of Banning will receive monthly reimbursements from the State of California.
ALTERNATIVES:
Do not approve and provide alternative direction.
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
209
Yes
ATTACHMENTS:
1. Resolution 2025-140.docx
2. CC Resolution No. 2023-167.pdf
3. CC Resolution 2021-91.pdf
4. Supplemental Agreement 0000A278.pdf
5. Master Agreement 08-5214S21.pdf
6. TKE Proposal.pdf
7. C01196 - Design Service for Pedestrian Crossing at 19 Interchange.pdf 210
Resolution 2025-140
RESOLUTION 2025-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT FOR THE DESIGN OF THE
PEDESTRIAN CROSSINGS UPGRADE AT NINETEEN INTERSECTIONS THROUGHOUT THE CITY OF BANNING TO TKE ENGINEERING, INC. IN THE AMOUNT OF $86,075 AND APPROVING A 10% CONTINGENCY FOR A TOTAL PROJECT BUDGET OF “NOT-TOEXCEED” $94,682.50.
WHEREAS, based on the crash analysis results, unsignalized intersections with pedestrian crossings represent some of Banning’s highest fatal and injury crash concentrations and crash types; and
WHEREAS, nineteen (19) unsignalized intersections were identified as needing safety improvements; and
WHEREAS, on October 12, 2021, under Resolution 2021-91, the City Council approved the California Department of Transportation Highway Safety Improvement Program (HSIP) StateAid Master Agreement 08-5214S2 for the purpose of improving pedestrian safety; and WHEREAS, on October 10, 2023, under Resolution 2023-167, the City Council approved Program Supplement Agreement No. 0000A278 with the State of California Department of Transportation Highway (Caltrans) for the Design of the Pedestrian Crossings Upgrade at Nineteen Intersections throughout the City of Banning; and WHEREAS, on July 7, 2025 staff released a Request for Proposals (RFP) for Design Services for the Pedestrian Crossings Upgrade at Nineteen Intersections throughout the City of Banning through the City’s public bidding platform; and WHEREAS, on August 12, 2025, in response to the RFP, five (5) proposals were received ranging in score from 83.17 to 77.33; and
WHEREAS, the scope of work will consist of project administration and management, preliminary engineering, Plans, Specifications and Estimates; and WHEREAS, the Project will improve safety of the unsignalized intersections by installing curb extensions, ADA curb ramps, Rectangular Rapid Flashing Beacons (RRFB), high visibility crosswalks, and advanced warning signs and pavement markings; and WHEREAS, staff recommends awarding a Professional Services Agreement to TKE Engineering, Inc., in the amount of $86,075 and approving a 10% contingency in the amount of $8,607.50 for a total “not-to-exceed” project budget of $94,682.50; and WHEREAS, the project will be funded from Street Fund Account 100-4900-431.90-10 in the amount of $85,333 and from Measure “A” Account 101-4900-431.93-16 in the amount of $9,349.50; and
WHEREAS, the project costs are eligible and expected to be reimbursed by the State of California Department of Transportation Cycle 11 HSIP. The City of Banning will receive monthly reimbursements from the State of California.
211
Resolution 2025-140
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. in the amount of $86,075 and approving a 10% contingency for a total budget of “not-to-exceed” $94,682.50 for Design of the Pedestrian Crossings Upgrade at Nineteen Intersections throughout the City of Banning.
SECTION 2. The City Council authorizes the City Manager, or their designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 3. The City Council authorizes the City Manager to make necessary non-substantive changes and execute 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 14th day of October 2025.
Sheri Flynn, Mayor
City of Banning
ATTEST:
Sandra Calderon, Acting Administrative
City Clerk
City of Banning
APPROVED AS TO FORM:
John Pinkney, City Attorney
Slovak, Baron, Empey, Murphy & Pinkney, LLP
212
Resolution 2025-140
CERTIFICATION:
I, Sandra Calderon, Acting Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2025-140, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 14th day of October 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sandra Calderon, Acting Administrative City
Clerk
City of Banning, California
213
Resolution 2025-140
EXHIBIT A
Professional Services Agreement with TKE Engineering, Inc. 214
RESOLUTION 2023-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING PROGRAM SUPPLEMENT AGREEMENTS WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THREE HIGHWAY SAFETY IMPROVEMENT CYCLE 11 GRANTS FOR THE TRAFFIC SIGNAL
HARDWARE UPGRADE AT SEVENTEEN SIGNALIZED INTERSECTIONS,
PEDESTRIAN CROSSINGS UPGRADE AT NINETEEN INTERSECTIONS AND WILSON STREET/12TH STREET INTERSECTION IMPROVEMENTS
WHEREAS, on September 9, 2022, the City of Banning submitted a grant application to the State of California Department of Transportation ( Caltrans) Cycle 11 Highway Safety Improvement Program for the upgrade of traffic signal hardware at seventeen ( 17) signalized intersections throughout the City; and WHEREAS, on September 9, 2022, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 11 Highway Safety Improvement Program for the upgrade of pedestrian crossings at nineteen ( 19) intersections throughout the City; and
WHEREAS, on September 9, 2022, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 11 Highway Safety Improvement Program for the improvement of Wilson Street and 12th Street intersection; and
WHEREAS, on March 9, 2023, the City received notification from Caltrans that the City's three (3) HSIP grant applications selected for funding; and WHEREAS, to proceed with the Preliminary Engineering ( PE) phase, the City and Caltrans must execute Program Supplement Agreements No. HSIPSL-5214(016) for 54,000, HSIPSL-5214(017) for $76,500 and HSIPSL-5214(018) for $44,460 as part of the funding authorization process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Program Supplement Agreements with Caltrans for three (3) Highway Safety Improvement ( HSIP) Cycle 11 grants for the Traffic Signal Hardware Upgrade at 17 Signalized Intersections, Pedestrian Crossings Upgrade at 19 Intersections and Wilson Street/12th Street Intersection Improvements.
SECTION 2. The City Council authorizes the City Manager or his designee to execute Program Supplement Agreements No. HSIPSL-5214(016), HSIPSL-5214(017) and HSIPSL-5214(018).
Resolution 2023- 167
215
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 10th day of October 2023.
ATTEST:
aroline Patton , D
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita R. Young , City Attorney
Richards , Watson & Gershon
Resolution 2023- 167
Albert , Mayor
City o
216
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2023-167 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 10th day of October 2023 by the following vote, to wit:
AYES: Flynn , Gonzales , Minjares, Sanchez, and Wallace.
NOES:
ABSENT:
ABSTAIN:
Resolution 2023-167
Caroline Patton , Dep , City Clerk
City of Banning, Califo rn,a
217
Resolution 2023- 167
Exhibit A
HSIP Agreement 1
218
PROGRAM SUPPLEMENT NO. 00000A277
to
ADMINISTERING AGENCY- STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 08-5214S21
Adv. Project ID
0824000001
Date: September 19, 2023
Location: 08- RIV- 0-BAN
Project Number: HSIPSL- 5214( 016)
E.A. Number:
Locode: 5214
This Program Supplement, effective 9/7/2023, hereby adopts and incorporates into the Administering Agency- State Agreement No. 08-5214S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 10/14/2021 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on ( See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
PROJECT LOCATION: 17 signalized intersections throughout the City of Banning.
TYPE OF WORK: Upgrade Signals
Estimated Cost State Funds
STATE $ 54, 000. 00
60, 000. 00
CITY OF BANNING
By
Title
Date
Attest
LENGTH: 0.0(MILES)
Matching Funds
LOCAL OTHER
6,000. 00
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
0.00 Accounting Officer Date 9/19/2023 $ 54,000. 00
Program Supplement 08-- 521- A277- SERIAL Page 1 of3
219
08- RIV- 0-BAN
HSIPSL- 5214( 016)
SPECIAL COVENANTS OR REMARKS
1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program ( HSIP) Guidelines, the Local Assistance Procedures Manual ( LAPM), the Local Assistance Program Guidelines ( LAPG), and this PROGRAM SUPPLEMENT.
B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering ( PE), Right-of-Way (R/W) and Construction ( Con).
A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.
C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.
D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.
E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fedand-state-programs/highway-safety-improvement-program/delivery-requirements-statusapproved-projects.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
Program Supplement 08-- 521- A277- SERIAL Page 2 of3
220
08- RIV- 0-BAN
HSIPSL- 5214( 016)
SPECIAL COVENANTS OR REMARKS
payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a " Report of Expenditures" within one hundred eighty ( 180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.
I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ( applicable to Federal and State Funded Projects).
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.
K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
Program Supplement 08-- 521- A277- SERIAL Page 3 of3
221
Resolution 2023- 167
Exhibit B
HSIP Agreement 2
222
PROGRAM SUPPLEMENT NO. 00000A278
to
ADMINISTERING AGENCY- STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 08- 5214S21
Adv. Project ID
0824000002
Date: September 19, 2023
Location: 08- RIV- 0-BAN
Project Number: HSIPSL- 5214( 017)
E.A. Number:
Locode: 5214
This Program Supplement, effective 917/ 2023, hereby adopts and incorporates into the Administering Agency- State Agreement No. 08- 5214S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 10/ 14/ 2021 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on ( See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
PROJECT LOCATION: 19 intersections throughout the City of Banning.
TYPE OF WORK: Pedestrian Walkway
Estimated Cost State Funds
STATE $ 76, 500. 00
85, 000. 00
CITY OF BANNING
By
Title
Date
Attest
LENGTH: 0.0(MILES)
Matching Funds
LOCAL OTHER
8,500. 00
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
0.00 Accounting Officer Date 9/19/2023 $ 76, 500. 00
Program Supplement 08-- 521- A278- SERIAL Page 1 of 3
223
08- RIV- 0-BAN
HSIPSL- 5214( 017)
SPECIAL COVENANTS OR REMARKS
1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program ( HSIP) Guidelines, the Local Assistance Procedures Manual ( LAPM), the Local Assistance Program Guidelines ( LAPG), and this PROGRAM SUPPLEMENT.
8. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering ( PE), Right-of-Way ( R/W) and Construction ( Con).
A phase- specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase- specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.
C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.
D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE- approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.
E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/ local-assistance/ fedand-state-programs/ highway- safety-improvement- program/ delivery- requirements- statusapproved- projects.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY' S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
Program Supplement 08-- 521- A278- SERIAL Page 2 of3
224
08- RIV- 0-BAN
HSIPSL- 5214( 017)
SPECIAL COVENANTS OR REMARKS
payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a " Report of Expenditures" within one hundred eighty ( 180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.
I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ( applicable to Federal and State Funded Projects).
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.
K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
Program Supplement 08-- 521- A278- SERIAL Page 3 of3
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Resolution 2023- 167
ExhibitC
HSIP Agreement 3
226
PROGRAM SUPPLEMENT NO. 0O000A279
to
ADMINISTERING AGENCY- STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 08- 5214S21
Adv. Project ID
0824000003
Date: September 19, 2023
Location: 08- RIV- 0-BAN
Project Number: HSIPSL- 5214( 018)
E.A. Number:
Locode: 5214
This Program Supplement, effective 9/7/2023, hereby adopts and incorporates into the Administering Agency- State Agreement No. 08- 5214S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 10/ 14/ 2021 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on ( See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
PROJECT LOCATION: The intersection of Wilson St with 12th St.
TYPE OF WORK: Pedestrian Walkway
Estimated Cost State Funds
STATE $ 44, 460. 00
49, 400. 00
CITY OF BANNING
By
Title
Date
Attest
LENGTH: O.0(MILES)
Matching Funds
LOCAL OTHER
4,940. 00
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
0.00 Accounting Officer Date 9/19/2023 $ 44, 460. 00
Program Supplement 08- 521- A279- SERIAL Page 1 of 3
227
08- RIV- O-BAN
HSIPSL- 5214( 018)
SPECIAL COVENANTS OR REMARKS
1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program ( HSIP) Guidelines, the Local Assistance Procedures Manual ( LAPM), the Local Assistance Program Guidelines ( LAPG), and this PROGRAM SUPPLEMENT.
8. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering ( PE), Right- of-Way ( R/W) and Construction ( Con).
A phase- specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase- specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.
C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE- approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.
D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE- approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.
E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https:// dot. ca. gov/ programs/ local- assistance/ fedand- state- programs/ highway- safety- improvement- program/ delivery- requirements- statusapproved- projects.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY' S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
Program Supplement 08-- 521- A279- SERIAL Page 2 of 3
228
08- RIV- 0-BAN
HSIPSL- 5214( 018)
SPECIAL COVENANTS OR REMARKS
payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a " Report of Expenditures" within one hundred eighty ( 180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.
I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards ( applicable to Federal and State Funded Projects).
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.
K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
Program Supplement 08-- 521- A279- SERIAL Page 3 of3
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RESOLUTION 2021-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AUTHORIZING THE EXECUTION OF THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION HIGHWAY SAFETY IMPROVEMENT PROGRAM STATE-AID MASTER AGREEMENT NO. 08-5214S21 AND PROGRAM SUPPLEMENT
AGREEMENTS NO. HSIPSL-5214(013) AND NO. HSIPSL-5214(014) WHEREAS, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program Benefit Cost Ratio category on October 15, 2020, for the purpose of making intersection improvements and installing sidewalks at the Omar/Ramsey Intersection; and WHEREAS, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program Funding Set-asides category on October 15, 2020, for the purpose of installing/upgrading pedestrian crossings at four non-signalized intersections on Ramsey Street; and WHEREAS, the City of Banning was notified on March 26, 2021, that the two grant applications were approved; and
WHEREAS, Master Agreement 08-5214S21 and the two corresponding Program Supplement Agreements HSIPSL-5214(013) (Ramsey-Omar Intersection Improvements and Sidewalk) for $18,800 and HSIPSL-5214(014) (Ramsey St. intersections) for $13,300 must be executed with Caltrans before grant funds may be claimed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. Authorizes the City Manager or his designee to execute the Caltrans Master Agreement 08-5214S21, Program Supplement Agreement No. HSIPSL-5214(013), and Program Supplement Agreement No. HSIPSL-5214(014) and any related documents on behalf of the City of Banning.
PASSED, APPROVED AND ADOPTED this 12th day of October, 2021.
Resolution 2021-91
City of Banning
230
ATTEST:
Caroline Patton, De
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
Resolution 2021 -91
231
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2021-91 , was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of October 2021 by the following vote, to wit:
AYES: Council Members Hamlin, Happe, Pingree, Sanchez, and Mayor Wallace.
NOES:
ABSENT:
ABSTAIN:
Resolution 2021-91
Caroline Patton, D uty City Clerk
City of Banning, Californic;1
232
2023-167 Oct. 10, 2023
FOR
10/24/2023
233
234
235
RESOLUTION 2023-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING PROGRAM SUPPLEMENT AGREEMENTS WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THREE HIGHWAY SAFETY IMPROVEMENT CYCLE 11 GRANTS FOR THE TRAFFIC SIGNAL
HARDWARE UPGRADE AT SEVENTEEN SIGNALIZED INTERSECTIONS,
PEDESTRIAN CROSSINGS UPGRADE AT NINETEEN INTERSECTIONS AND WILSON STREET/12TH STREET INTERSECTION IMPROVEMENTS
WHEREAS, on September 9, 2022, the City of Banning submitted a grant application to the State of California Department of Transportation ( Caltrans) Cycle 11 Highway Safety Improvement Program for the upgrade of traffic signal hardware at seventeen ( 17) signalized intersections throughout the City; and WHEREAS, on September 9, 2022, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 11 Highway Safety Improvement Program for the upgrade of pedestrian crossings at nineteen ( 19) intersections throughout the City; and
WHEREAS, on September 9, 2022, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 11 Highway Safety Improvement Program for the improvement of Wilson Street and 12th Street intersection; and
WHEREAS, on March 9, 2023, the City received notification from Caltrans that the City's three (3) HSIP grant applications selected for funding; and WHEREAS, to proceed with the Preliminary Engineering ( PE) phase, the City and Caltrans must execute Program Supplement Agreements No. HSIPSL-5214(016) for 54,000, HSIPSL-5214(017) for $76,500 and HSIPSL-5214(018) for $44,460 as part of the funding authorization process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves Program Supplement Agreements with Caltrans for three (3) Highway Safety Improvement ( HSIP) Cycle 11 grants for the Traffic Signal Hardware Upgrade at 17 Signalized Intersections, Pedestrian Crossings Upgrade at 19 Intersections and Wilson Street/12th Street Intersection Improvements.
SECTION 2. The City Council authorizes the City Manager or his designee to execute Program Supplement Agreements No. HSIPSL-5214(016), HSIPSL-5214(017) and HSIPSL-5214(018).
Resolution 2023- 167
236
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 10th day of October 2023.
ATTEST:
aroline Patton , D
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Serita R. Young , City Attorney
Richards , Watson & Gershon
Resolution 2023- 167
Albert , Mayor
City o
237
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning , California , do hereby certify that the foregoing Resolution 2023-167 , was duly adopted by the City Council of the City of Banning, California , at a regular meeting thereof held on the 10th day of October 2023 by the following vote, to wit:
AYES: Flynn , Gonzales , Minjares, Sanchez, and Wallace.
NOES:
ABSENT:
ABSTAIN:
Resolution 2023-167
Caroline Patton , Dep , City Clerk
City of Banning, Califo rn,a
238
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT FOR
STATE-FUNDED PROJECTS
08 District
City of Banning
Administering Agency
Agreement No. 08-5214S21
This AGREEMENT, is entered into effective this ___ day of ____ , 20_, by and between the City of Banning, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC} and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
P::in,:, 1 of 1R
14th October 21
239
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.
2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.
7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.
8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), 240
preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.
10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.
13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY.
Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.
14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.
15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and
241
usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.
23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.
242
ARTICLE II - RIGHTS-OF-WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
( d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work. 243
ARTICLE Ill - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY.
All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards. 244
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.
3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period
4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.
5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.
7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/lCRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.
8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the
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form of an allocation and finance letter.
10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.
11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.
14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.
16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.
17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items.
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Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit-to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.
20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.
21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, 20from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT. 247
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1 B funds, from the date of final payment to ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.
5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.
6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and thirdp~,,,,, 1 n nf 1 R 248
party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.
9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.
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ARTICLE VI - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.
5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this
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AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.
11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.
The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.
13. Neither the pending of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) P:::irn:, 11 of 1R
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otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI , STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
By ___________ _
Chief, Office of Project Implementation
Division of Local Assistance
Date ------------
P::im:, 1LI.
BY,__ --------=---:-t---:------:::-:------,--,-----
0 (
City o anning
Representative Name & Title
(Authorized ove ning Body Representative)
Date / ~ I 3 2e 2. I
of 1~
Senior Transportation Engineer
for
10/14/2021
252
EXHIBIT A- FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by ST A TE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right 253
to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.
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RESOLUTION 2021-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
AUTHORIZING THE EXECUTION OF THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION HIGHWAY SAFETY IMPROVEMENT PROGRAM STATE-AID MASTER AGREEMENT NO. 08-5214S21 AND PROGRAM SUPPLEMENT
AGREEMENTS NO. HSIPSL-5214(013) AND NO. HSIPSL-5214(014) WHEREAS, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program Benefit Cost Ratio category on October 15, 2020, for the purpose of making intersection improvements and installing sidewalks at the Omar/Ramsey Intersection; and WHEREAS, the City of Banning submitted a grant application to the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program Funding Set-asides category on October 15, 2020, for the purpose of installing/upgrading pedestrian crossings at four non-signalized intersections on Ramsey Street; and WHEREAS, the City of Banning was notified on March 26, 2021, that the two grant applications were approved; and
WHEREAS, Master Agreement 08-5214S21 and the two corresponding Program Supplement Agreements HSIPSL-5214(013) (Ramsey-Omar Intersection Improvements and Sidewalk) for $18,800 and HSIPSL-5214(014) (Ramsey St. intersections) for $13,300 must be executed with Caltrans before grant funds may be claimed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. Authorizes the City Manager or his designee to execute the Caltrans Master Agreement 08-5214S21, Program Supplement Agreement No. HSIPSL-5214(013), and Program Supplement Agreement No. HSIPSL-5214(014) and any related documents on behalf of the City of Banning.
PASSED, APPROVED AND ADOPTED this 12th day of October, 2021.
Resolution 2021-91
City of Banning
255
ATTEST:
Caroline Patton, De
City of Banning
APPROVED AS TO FORM AND
LEGAL CONTENT:
Kevin G. Ennis, City Attorney
Richards, Watson & Gershon
Resolution 2021 -91
256
CERTIFICATION:
I, Caroline Patton, Deputy City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2021-91 , was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 12th day of October 2021 by the following vote, to wit:
AYES: Council Members Hamlin, Happe, Pingree, Sanchez, and Mayor Wallace.
NOES:
ABSENT:
ABSTAIN:
Resolution 2021-91
Caroline Patton, D uty City Clerk
City of Banning, Californic;1
257
258
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: Terry Renner, P.E., P.L.S., Q.S.D., Senior 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) 259
Page |1
RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION A | UNDERSTANDING AND APPROACH
SECTION A | UNDERSTANDING
AND APPROACH
PROJECT
UNDERSTANDING
The City of Banning (City) is requesting proposals for
professional engineering design services for the
Pedestrian Crossing Upgrades at 19 Intersections
throughout the City of Banning as part of an awarded
HSIP Cycle 11 Grant. The City has adopted a Local
Road Safety Plan (LRSP) to establish a strategic
framework for identifying, analyzing, and prioritizing
roadway safety infrastructure improvements. The
LRSP crash analysis revealed that 65% of all citywide
crashes occurred at unsignalized intersections,
including 62% of fatal crashes and 70% of severe
injury crashes. Pedestrians were identified as
vulnerable roadway users (VRUs), comprising only 7%
of total crashes but representing 46% of fatalities and 12% of severe injuries.
Based on these findings, the City has identified 19
unsignalized intersections with pedestrian crossings
as high-priority locations for safety upgrades. These
intersections represent areas with the highest
concentrations of fatal and injury-related crashes and
are located at the following 19 intersections:
1. Monarch Way and Wilson Street
2. Apex Street and Ramsey Street
3. 20th Street and Wilson Street
4. Nicolet Street and 21st Street
5. Nicolet Street and Sims Street
6. Wilson Street and 10th Street
7. Alessandro Road and Hoffer Street
8. Wilson Street and Hargrave Street
9. Alessandro Road and George Street
10. Nicolet Street and Alessandro Road
11. Livingston Street and 2nd Street
12. San Gorgonio Avenue and Lincoln Street
(Route 243)
13. San Gorgonio Avenue and Westward Avenue
(Route 243)
14. Nicolet Street and 20th Street
15. Nicolet Street and 2nd Street
16. San Gorgonio Avenue and George Street
17. Nicolet Street and Murray Street
18. Wilson Street and Florida Street
19. Westward Avenue and 4th Street
This initiative is funded through the Highway Safety
Improvement Program (HSIP) and all project activities
must comply with applicable state regulations and the
Caltrans Local Assistance Procedures Manual (LAPM).
TKE is prepared to provide comprehensive Design
Services for the Pedestrian Crossing Upgrades at the
19 designated intersections with services that include
the preparation of Plans, Specifications, and
Estimates (PS&E), as well as construction support.
Based on the LRSP recommendations, TKE will
incorporate proven countermeasures such as:
• Installation of curb extensions
• ADA-compliant curb ramps
• Rectangular Rapid Flashing Beacons (RRFBs)
• High-visibility crosswalks
• Advanced warning signs and pavement
markings
TKE brings extensive experience in delivering HSIP,
ATP, CDBG an numerous other grant-funded projects.
TKE has provided design and construction
management for more than $300 million in grantfunded transportation projects and is therefore fully versed in Caltrans project development standards.
We are committed to supporting the City in achieving
its roadway safety goals through thoughtful design,
regulatory compliance, and community-focused
solutions.
APPROACH
Our approach to this HSIP funded pedestrian
improvement project, recognizing that both schedule
and budget are of primary concern, dictates that
design decisions must be made quickly and carefully.
260
Page |2
RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION A | UNDERSTANDING AND APPROACH
When this is coupled with the various constraints
present for a pedestrian safety improvement project,
it is critical that the City choose a consultant with a proven track record of delivering. With a familiar
team of senior level traffic and street design
professionals, TKE is the right choice for this project.
With this pedestrian safety improvement project, our
experience tells us that there has to be a proactive
approach to completing the work. This includes early
identification of critical design elements for the
project locations and accurate cost estimating
throughout the entire process. In preparing this
proposal, our team established key issues so we can
“hit the ground running” to make this a successful
project for the City.
COMMUNICATION
TKE will implement continuous communications with
City staff during project implementation to ensure a
smooth transition between agency approvals. In
addition, deliverables will be provided at every stage
of project development for City review to ensure that
the project is proceeding efficiently to avoid any
potential rework. Continuous communications will
ensure that project needs and objectives are met and
the project remains on schedule.
CRITICAL ISSUES
I DENTIFICATION OF C RITICAL
D ESIGN E LEMENTS
Our approach to identifying critical issues will be to
immediately go into the field and document all the
critical design elements so they can be presented to
the City. This will give us a head start on instructing our survey team about what detailed information to
collect. Some of these elements include key ground
elevation information at the curb returns and bulb
outs to determine how ADA access and drainage will
be maintained for each of these locations.
D ESIGN
TKE has extensive experience working with various
agencies on design of pedestrian activated warning
devices such as Rapid-Rectangular Flashing Beacons
(RRFB) and In-Roadway Warning Lights (IRWL). TKE
designers have experience with the most common
vendors in the traffic signal and pedestrian warning
industry and experience with a variety of equipment.
TKE designers have hands-on experience with traffic
signal and pedestrian warning equipment including
communications (wireless, fiber, ethernet-overcopper, cellular), detection (loop, radar, puck, video), controller (ATC, NEMA, Caltrans), cabinets and more.
As a result, we can adapt and bring domain
knowledge of a variety of equipment types and
options which the City may operate or may desire to
implement.
R AMP T RANSITIONS
For ramp construction projects, transitions to existing improvements are typically the most challenging
component of design, especially in fully developed
areas where buildings were constructed with
insufficient setbacks to properly install the proposed
improvements to today’s standards.
With new requirements for ADA ramp construction,
private improvements such as fences, walls, and
landscaping may be impacted. TKE will identify such
impacts early during project design and will develop
an action plan for working with residents that may be
impacted. Our goal will be to complete ramp design
that will fully comply with ADA requirements at the
same time as minimizing private property impacts or
the need for additional rights-of-way.
R IGHT - O F - W AY
Upon determination of construction limits, TKE will
assess right-of-way needs. Based on our preliminary
research of existing right-of-way limits it appears as if right-of-way will not be required to create ADA
pathways around any proposed improvements.
A CCURATE C OST E STIMATING
TKE understands the limits on ATP and SRTS funding.
Because of the limited budget for this project, it is
important to keep costs controlled. Our approach to
controlling costs is to provide frequent and accurate
cost estimates by using TKE’s detailed cost estimating
database. In addition to using this database, TKE
utilizes our considerable experience with
Construction Management to assist in providing
constructability reviews and cost estimating based on
current information from our on-going projects.
Finally, with the current economic climate,
construction costs are widely varying. We will also
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SECTION A | UNDERSTANDING AND APPROACH
discuss the project elements with local contractors to
assure that we have the most current construction
information available so that the City can ensure the
most value for the public’s dollar.
F AMILIARITY W ITH F UNDING S OURCE
TKE is well versed with Caltrans Local Assistance
requirements as well as the general guidelines for
implementing HSIP funded projects. They include:
• Requesting that Caltrans furnish an
expenditure authorization number.
• Submitting allocation request and finance
letters to Caltrans Local Assistance requesting
reimbursable costs allocation
• Ensuring Caltrans prepares a Program
Supplement Agreement for City execution. If
the City does not have a “State Funds Master
Agreement” on file with Caltrans, one will be
required.
• Ensuring that the City acquires Local
Assistance approval for all required
environmental clearances (CEQA) and rightof-way needed for the project. • Ensuring that the project complies with the
requirements of the Americans with
Disabilities Act.
• Processing invoices to Caltrans Local
Assistance for reimbursement.
SCOPE OF WORK
T ASK 1. P ROJECT M ANAGEMENT
TKE’s Project Manager will be responsible for the
entire project team. He will attend all meetings,
prepare agendas and corresponding meeting minutes
together with collection of signatures for meeting
attendees (sign-in sheets). He will meet with the City
at appropriate times and will meet as needed with
agencies, residents, property owners, and utilities in
addition to the meetings presented below. He will
also update the project budget and schedule prior to
each City meeting for discussion with staff.
Task 1.1 Initial ‘Kick Off’ Meeting
Within 2 weeks after contract execution, we propose
to meet with the City staff to conduct introductions,
review project obligations/scope and to discuss all
project requirements in detail. TKE will set up and
manage the project, provide utility coordination (if
necessary), perform quality assurance and quality
control prior to each milestone submittal and in
conformance with federal, state and city standards.
TKE’s Project Manager and Project Engineer will
attend the meeting to determine project protocol and
obtain City record drawings.
Task 1.2 Progress Meeting
TKE will coordinate monthly progress virtual meetings
with City’s Project Design Team (PDT) to update the
City of the project progress and schedule status. TKE
will maintain continuous awareness of the status of
each task as it proceeds and make provisions to
expedite and resolve any difficulties that may impede
progress.
If necessary, TKE will facilitate other meetings with
City Departments and other key stakeholders,
creating meeting agendas with input from the city,
and other stakeholders and preparing and
distributing meeting minutes within 7 calendar days
of the meeting.
Task 1.3 Invoicing
TKE will invoice the city on a monthly basis. With each monthly invoice, TKE will provide a detailed project
schedule with continuous updates and executive
summary of project status and the remaining budget
for each task. Direct costs will be supported by a copy of receipts. Any change orders/additional work
requests will be cleared and approved by the City
prior to additional work being completed.
Deliverables: Schedule, Kick-Off Meeting, Work Plan,
Meeting Agendas and Meeting Minutes, Monthly
Invoices, Schedule, Project History File
T ASK 2. P RELIMINARY I NVESTIGATION /
S ITE A SSESSMENT
TKE will conduct a field visit of each of the 19 locations to evaluate all locations against the project scope of
work. TKE will review and verify the location and type
of existing improvements, intersection geometrics,
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SECTION A | UNDERSTANDING AND APPROACH
posted speed limits, on street parking conditions, and
any other information that may alter the proposed
upgrades.
Deliverables: Field Review Notes, Photo Logs
T ASK 3. E NGINEERING D ESIGN
Task 3.1 Design Plans 60%, 90% and 100%
TKE will compile all gathered information and prepare
60%, 90% and 100% design plans.
– ENVIRONMENTAL
Per the RFP, the project is assumed to be categorically exempted under CEQA requirements.
– 60% DESIGN
60% Design will include preparation geometric
roadway improvement exhibits, preliminary
construction drawings, preliminary technical
specifications, preliminary construction estimates,
and completed geotechnical report.
Construction drawings will show proposed street
geometrics including locations of proposed asphalt
concrete pavement, curb and gutters, sidewalk,
ramps, pedestrian improvements, signing and
striping. In addition, preliminary street and sidewalk
grades will be prepared to establish project grading
requirements. Proposed improvements will be
designed in accordance with the City’s current street
design standards and specifications. The proposed
improvements will be designed to minimize removals,
grading and earthwork.
For the drawings, we will prepare a title sheet,
construction notes sheet, demolition sheets,
plan/profile sheets, signing and striping sheets, and
necessary detail sheets.
The title sheet shall include the title of the job, a
vicinity map showing the City in relationship to
surrounding communities, a location map showing
the project limits, a list of abbreviations used,
benchmark data, general notes, construction notes
and quantities, an index for the drawings, list of
utilities with phone numbers, and references on the
City’s standard title block.
The construction note sheet will show general
construction notes and project specific
requirements.
The demolition sheet will show existing improvement
demolition including limits of pavement removal, saw
cutting locations and limits and concrete cross gutters and curbs, if required. In addition, the plan will
specify relocation of private improvements such as
mailboxes fences, drive approaches, etc. as required.
Plan sheets will show proposed improvements at
1”=40’ scale including curb and gutter, sidewalk,
ramps, driveways, pavement limits, existing utility
relocations, water service relocations, and manhole,
valve, and vault cover grade adjustments. For the
profile portion of the drawings, we will show existing
and proposed pavement elevations at centerline top
of curb and centerline with appropriate design data.
The construction details will include connections and
ADA ramp or RRFB details, all at appropriate drawing
scales.
The signing and striping sheets will include all
required pavement markings, lane stripes and signage
in accordance with the MUTCD, California
supplement and all other applicable City
requirements, for the project limits. The sheets will
be prepared at 1”=40’ scale and include full
geometrical layouts at each intersection.
For the specifications, we will amend the City
Standards Technical Provisions as required for the
projects. The construction specifications will be
prepared in Microsoft Word (current version) format
in accordance with City standards.
In addition, we will prepare quantity estimates for all proposed improvements prepared using an excel
spreadsheet showing an itemized construction cost
breakdown. Descriptions of work, unit prices, and
quantities will be included in the spreadsheet.
Deliverables: 60% Design Sheets
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SECTION A | UNDERSTANDING AND APPROACH
– 60% DESIGN REVIEW MEETING
After the City has completed its review, we will meet
with City staff to acquire Staff’s comments.
Deliverables: Meeting Agenda, Minutes and Final
Design Approval
– 90% DESIGN
90% design will include incorporation of City
comments, final street design and signing and striping
plans. We will verify that the project will comply with ADA design requirements and that adequate drainage
will be achieved.
90% Design will be submitted with a project summary
memorandum together with updated project
specifications and estimates.
Deliverables: 90% Design Sheets
– 90% DESIGN REVIEW MEETING
After the City has completed its review, we will meet
with City staff to acquire Staff’s comments.
Deliverables: Meeting Agenda, Minutes and Final
Design Approval
– 100% DESIGN
100% design will include incorporation of City
comments, final plans, specifications, and estimates,
ready for public bidding. Final documents will include
mylars and hard copy specifications with signatures
and electronic copies of final documents.
100% Design will be submitted with a project
summary memorandum together with an updated
project schedule, additional stakeholder meeting
summary, and internal plan review documentation.
Deliverables: One (1) Full-Size Mylar of 100%
Drawings; Hard Copy of Specifications and Estimate,
Electronic Files of Final Plans (AutoCAD 2021),
Specifications and Estimate
T ASK 4 . S PECIFICATIONS AND C OST
E STIMATES
TKE will prepare a complete set of technical
specifications based on the City’s general and special
provisions and Standard Specifications for Public
Works Construction (“Greenbook”). We will also
prepare cost estimates based on construction bid
items and quantities from the 90% and final design
plans. A detailed breakdown of each lump sum item
will be provided for comparison with other similar
projects, which will include adequate contingencies
to account for the unpredictability of materials costs.
Deliverables: Final specs (Word Document) and Cost
Estimates (Excel), Electronic Versions of Each
Submittal
T ASK 5 . B IDDING /C ONSTRUCTION
S UPPORT
TKE will provide the following:
• Respond to Requests for Information (RFIs)
during the project advertisement period, and
log questions and responses.
• Prepare project addenda at the direction of
the City
• Attend the pre-bid and pre-construction
meetings.
• Review shop drawings and submittals
provided by the Contractor to ensure
compliance with the contract plans and
specifications, and then issue
recommendations for acceptance, rejection,
or revision within a reasonable timeframe
following receipt.
• Provide engineering design services (upon
written authorization from the City) for
revisions to construction documents resulting
from changed or unforeseen conditions, or
other change order work required due to
actions of the City (assuming a minimum of 3
site visits).
• Upon completion of the project, use
information based on redlined information
provided by the Contractor and the City to
prepare as-built plans to be submitted to the
City within one month of receipt of as-built
redlines.
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SECTION A | UNDERSTANDING AND APPROACH
Deliverables: Meeting Attendance, Response to
Bidder’s/Contractor’s RFIs, Addenda, Submittal
Reviews, As-Built Plans
CLIENT SATISFACTION
TKE is committed to meeting the City’s deadlines as
they are crucial for several reasons, including:
Client Satisfaction: Our focus on meeting deadlines
ensures that the City is satisfied. Timely completion
reflects professionalism and reliability, enhancing
trust between the City and TKE.
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 PS&E packages. High
quality design yields the following tangible results:
• Ease of oversight
• Smoother processing
• Healthy number of bidders
• Consistent bids
• Minimized construction support cost
• Absence of design-related change orders
• Reduced claims and dispute resolution costs
TKE believes that the most successful quality
assurance program is one that is applied inherently
throughout the entire design process and all design
activities. This program requires not only formal
procedures for checking, but encourages the
conscientious effort of experienced people to always
“create quality” in every task performed throughout
the design process.
This program has become a natural element in all
aspects of TKE’s design and management activities,
and will guide our work on this contract:
• Staff training and development
• Assignment of experienced staff
• Continuity of staffing
• Project-specific work plan
• Schedule compliance
• Comprehensive field review and compilation
of site data
• Established design procedures
• Established detailing standards
• Established checking procedures, including
independent in-house QA/QC review
• Dual (independent) quantity estimates
• Review by Constructability expert
This Quality Assurance/Quality Control program is in
place to ensure that PS&E documents prepared by
TKE continue to exceed the standards of our clients
and that we will deliver the project on schedule and
within budget.
Contractual Obligations: Often, contracts include
penalties for delays. In addition, grant funding
typically has strict expenditure deadlines. Meeting
deadlines ensures compliance with these
agreements, avoiding legal issues and financial
penalties for both the City and the Contractor.
Risk Management: TKE understands that delays can
introduce various risks, including weather-related
setbacks, resource shortages, or unforeseen
complications. TKE’s goal on every construction
project is to mitigate these risks by maintaining a
structured and controlled project timeline.
Safety: Rushing work due to delays can compromise
safety standards, something both the City and TKE will
not tolerate on any construction project. Meeting
deadlines allows for adequate planning and
execution, ensuring proper safety protocols are
followed.
TKE’s attention to meeting project deadlines is not
merely about completing tasks on time; it's about
maintaining efficiency and cost-effectiveness, all with a focus on safety and client satisfaction.
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SECTION A | UNDERSTANDING AND APPROACH
PROJECT SCHEDULE
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City of Banning
SECTION A | UNDERSTANDING AND APPROACH
WHAT WE REQUIRE FROM
THE CITY
TKE requires a partnership with the City in delivering
these engineering design pedestrian improvement
projects. To that end, we will require support from
the City on the following items:
• Provide City Record Drawings
• Review Plan/Specification Submittals and
Provide Comments
• Provide Direction for Design Questions
We will work with the City at every step to showcase
our expertise and to ensure successful project
delivery.
ADDITIONAL
INNOVATIVE AND/OR
CREATIVE APPROACHES
None.
CITY OWNED FACILITIES
TKE will not require the use of any City owned
facilities to complete the project.
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City of Banning
SECTION B | COMPANY INFORMATION
SECTION B | COMPANY
INFORMATION
TKE Engineering, Inc. (TKE), a California C Corporation, was established in 2000 and in the last 25 years has
developed into one of Southern California’s premier
full-service consulting municipal engineering firm.
TKE was established with the goal of providing
turnkey services for municipal agencies in order to
benefit our community. As a result of the focus of a
firm on this mission, TKE has earned a reputation for
thoroughness, rapid turnaround, cost efficiency and,
overall quality of work. We are a highly motivated,
dynamic firm.
TKE provides turnkey municipal engineering for
pedestrian infrastructure improvement projects to
numerous municipalities throughout Riverside, San
Bernardino, Los Angeles, and Orange Counties. The
municipal services provided by our firm include Civil
Engineering Design, Traffic Engineering, Surveying,
Project Management, Grant Administration,
Construction Management, and Construction
Inspection services, as well as Quality
Assurance/Quality Control. Our Team includes an inhouse Traffic Engineer to ensure all designs, including any countermeasures such as curb extensions, ADA
curb ramps, RRFB’s, high visibility crosswalks, and
advanced warning signs and pavement markings will
comply with all City and CAMUTCD requirements and
provide for adequate truck movements without
regular damage to the street improvements. TKE’s
experience includes project delivery from “cradle to
grave”. All of the engineering and management duties
discussed herein are services we effectively provide
routinely. We request that you verify our
qualifications with City staff and other agencies
presented in our proposal. In addition, we have
worked on multi-million-dollar regional mega
projects for a variety of government agencies.
TKE’s headquarters is located at 2305 Chicago Avenue
in Riverside, and our branch office is located at 73993 Highway 111, Suite 201 in Palm Desert. The City’s
point of contact will be Mr. Terry Renner, P.E., P.L.S., Q.S.D., TKE’s Senior Vice President and proposed
Project Manager/Client Liaison. He will service the
City from our Riverside Headquarters and can be
TKE Engineering InAT A GLANCE
City/District Engineer
TKE serves as the City Engineer in 5
Cities/Districts in Southern California
Grant Experience
TKE has provided design and
construction management on $300
million of grant funded projects
Years in Business
TKE has conducted business for the
past 25 years and has 25 years of
experience in providing design,
planning, plan check and
construction management services
for complete streets and active
transportation projects
Office Locations
Headquarters
2305 Chicago Ave.
Riverside, CA 92507
Palm Desert
73993 Hwy. 111, Suite 201
Palm Desert, CA 92260
Company Structure
TKE is a California C Corporation
founded in June 2000. TKE is not a
subsidiary.
California Business License No.:
0109901
DIR Number PWLR No.: 1000413173
Size of Organization
70 Design Professionals,
Professional Engineers, Construction
Managers, Inspectors, Traffic
Engineers, Surveyors, Project Plan
Checkers, and Support Staff
Firm Owners/Officers
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., Q.S.D.
- Vice President
City of Banning
Point of Contact
Terry Renner, P.E., P.L.S., Q.S.D.
Senior Vice President
Phone: (951) 680-0440
Email: [email protected]
TKE Engineering, Inc.
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City of Banning
SECTION B | COMPANY INFORMATION
reached at (951) 680-0440 or emailed at
[email protected]. TKE currently
maintains a staff of 70 project managers, engineers,
traffic engineers, surveyors, drafters, construction
managers, inspectors, plan and map checkers, and
clerical personnel.
LITIGATION HISTORY
Throughout our 25-year history, TKE has not filed for
bankruptcy under any business name or has been
named in any litigation, mediation or arbitration
regarding the performance of any services similar to
this project and does not have any pending claims. In
addition, TKE does not have any claims or disciplinary
action taken against the firm or any of its key
personnel. TKE is financially sound and is well
qualified and capable of providing the professional
engineering design services required.
PEDESTRIAN
INFRASTRUCTURE
SAFETY EXPERIENCE
Strengthening pedestrian infrastructure plays a direct
role in creating safer travel options and promoting a
more active community. Well-designed and
connected sidewalks, dedicated bikeways, clearly
marked crosswalks, adequate lighting, signalized
intersections and traffic-calming measures help
minimize accidents, provide a secure setting, and
encourage people to spend more time outdoors to
facilitate meaningful connections that fosters vibrant, inclusive communities. By prioritizing safe, accessible, and enjoyable pedestrian infrastructure, cities can
enhance both quality of life and environmental
sustainability.
TKE has a long history of securing, managing and
designing projects with grant funds for communities
in need, and delivering community focused projects
that create environments that prioritize safety,
health, sustainability, and social interaction. We
proudly serve municipal agencies with a variety of
traffic engineering and transportation services for
grant funded complete streets projects. TKE’s
experience includes an extensive knowledge with
ADA requirements associated with walking and
bicycle pathways, as well as curb access ramps,
pedestrian ramps, crosswalks, traffic signals, medians
and landscape beautification.
Our firm possesses the capability and comprehends
the significance of adhering to complete streets, ATP
and pedestrian related grant funding requirements in
design and construction projects. TKE brings
extensive expertise with grant funded projects and
the design of pedestrian, vehicular traffic calming,
public transportation, signalization, and
beautification enhancements for the installation of
complete streets improvements including but not
limited to the following criteria. Complete streets
improvement installations for this project will play a
pivotal role in promoting active transportation and
increasing pedestrian and vehicular safety
improvements for the following reasons:
Traffic Calming: By implementing traffic calming
measures such as medians and protected Class IV
bikeways, the project will reduce vehicular speeds,
minimize pedestrian travel time with the travel lanes,
provide refuge islands for pedestrians crossing the
roadway, and enhance active transportation methods
which will reduce noise pollution and boost a more
pedestrian friendly environment.
Vehicle Collision Mitigation: Curbs and other
pedestrian improvements act as a barrier between
vehicles and hazardous elements such as steep
slopes, fixed objects, or opposing traffic lanes.
Guardrails can absorb the impact energy of a collision, reduce the severity of injuries and prevent vehicles
from leaving the roadway.
Channelization of Traffic: Medians, striping and other
vehicular improvements assist in directing the flow of
traffic by delineating lanes and separating opposing
directions, reducing the risk of head-on collisions and improving overall roadway safety.
Bicycle and Pedestrian Protection: In urban areas,
curbs and other improvements can provide a
protective barrier between vehicular traffic and
bicyclists and pedestrians within Class IV bicycle lanes and on sidewalks, enhancing pedestrian safety along
roadways and walkways. Median and Class IV bicycle
lane curbs and other roadway improvements are
essential safety features that serve to mitigate the
severity of collisions, prevent road departures,
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City of Banning
SECTION B | COMPANY INFORMATION
channelize traffic, protect pedestrians and bicyclists, and enhance overall visibility, thereby contributing
significantly to safety improvements on roadways.
Enhanced Visibility: Pedestrian improvements
equipped with reflective materials or warning devices
improve visibility, especially during low-light
conditions or inclement weather, thereby alerting
drivers to potential hazards and reducing the
likelihood of accidents.
Signalization Enhancements: Traffic signals draw
greater attention to vehicular rights-of-way and
provide additional control than stop signs or
unprotected left turn conditions, particularly in lowlight conditions or during adverse weather, improving visibility to drivers approaching the
intersection. Signalized intersections help reduce
accidents, particularly broadside collisions and
provide increased visibility and safety to pedestrians
crossing the street.
TKE has provided numerous municipalities and
agencies throughout Southern California with
consulting services and staffing for every facet of
complete streets and active transportation
improvement public works projects. Examples of
similar services for other public agencies are shown
below.
C OMPLETE STREET P EDESTRIAN , B IKEWAY AND T RAIL A CTIVE
T RANSPORTATION I MPROVEMENT P ROJECTS
HSIP CYCLE 10 PEDESTRIAN CROSSING AT RAMON ROAD NEAR
CANDLEWOOD DRIVE, CITY OF CATHEDRAL CITY, CA
Pedestrian crossing construction that included striping and signal improvements
State funded HSIP grant project
Construction engineering support which includes labor compliance monitoring
ARPA MORENO VALLEY CITYWIDE PEDESTRIAN ENHANCEMENTS AND
PAVEMENT REHABILITATION, CITY OF MORENO VALLEY, CA
Project included rehabilitation for 20 miles along various streets 26 traffic signal modifications and addition of bicycle and ADA facilities
Pavement and pedestrian facility improvements throughout the city’s arterial streets
5TH STREET AND GREENSPOT ROAD BIKEWAY IMPROVEMENTS, CITY OF
HIGHLAND, CA
Project included full inventory and assessment of all existing signing and striping
Minor street widening and construction of trail improvements Installation of 5 miles of class I and II bike lanes, wayfinding, and bike signs
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City of Banning
SECTION B | COMPANY INFORMATION
ATP CYCLE I SAFE ROUTE TO SCHOOL-FONTANA AVENUE AND ARROW
BOULEVARD, CITY OF FONTANA, CA
Project included bicycle lanes, sidewalk gap closures and ADA compliant pedestrian ramps
Sidewalks, curbs, gutters, curb ramps, and bike lane improvements Storm drain modifications, utility relocations, private improvement restoration
Design, surveying, grant management, construction assistance ATP CYCLE 3 SAFE ROUTE TO SCHOOL PEDESTRIAN IMPROVEMENTS
PROJECT, CITY OF FONTANA, CA
Project included 5,900 linear feet of ADA and pedestrian enhancements
Curbs, gutters, sidewalks, curb ramps, and bike lane improvements Storm drains modifications, utility relocations, private improvement restoration
Design, surveying, grant management, construction assistance ATP CYCLE 6 SAFE ROUTES TO SCHOOL, CITY OF MONTCLAIR, CA Project include 10,000 linear feet of complete streets, traffic calming, bicycle lanes, sidewalk, pedestrian signa and access ramp improvements
Construction management, inspection, construction staking, & grant management
Heavy coordination with residents and schools
ATP CYCLE 4 JUAN BAUTISTA DE ANZA MULTI-USE TRAIL, CITY OF
MORENO VALLEY, CA
7 miles of class I bike path and multi-use DG trail
ADA compliance for paths and pedestrian ramps
Installation of 4 trail signals for street crossings
Coordination with numerous utility agencies (DWR, SCG, EMWD, Frontier, Spectrum) for facility relocations
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City of Banning
SECTION C | COMPANY PERSONNEL
SECTION C | COMPANY
PERSONNEL
KEY 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. TKE has assembled a highly qualified and
experienced project team, which we believe will best
serve your needs. All assigned key professional staff
are properly licensed to practice in California.
Terry Renner
P.E., P.L.S., Q.S.D.
Client Liaison/Project
Manager
Education
Bachelor of Science – Civil Engineering, California State Polytechnic University, Pomona, CA
Credentials
California Professional Civil Engineer #69984
California Licensed Land Surveyor #9762
California Qualified SWPPP Developer #24329
Mr. Renner is the Senior Vice President of TKE and has
over 25 years of experience in civil engineering
design, plan checking, project management and
construction management of both development and
public works infrastructure projects, including grading improvements, street and transportation
improvements, traffic engineering, drainage
improvements, water improvements, sewer
improvements, facilities improvements and
recreation improvements. He will serve as the point
of contact to the City and be responsible for project
management and coordination with all staff. He
currently provides traffic and transportation
engineering services to the cities of Fontana,
Calimesa, Upland, Wildomar, Highland, and Adelanto.
His experience includes services during pre-project
planning, design, plan review, construction
management and inspection, along with operations
and maintenance. He also has experience conducting
traffic studies, specialized access analysis, parking
studies, signal operations, signal timing, and traffic
control. 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. Through his career,
Terry has accumulated extensive experience in
Transportation and Traffic Engineering field. He has
planned, designed and managed construction for
more than 30 miles of roadways, street widening,
medians, traffic calming, roundabouts, signing and
striping modifications, bicycle lanes, and pedestrian
facilities for major corridors, arterials, collectors and residential streets. Finally, Terry has overseen public works projects for signal modification and ITS
improvements including projects in Caltrans
jurisdiction and involving multi-agency coordination.
Octavio Parada
Project Engineer
Education
Bachelor of Science – Autonomous University of Baja California, Mexico (UABC)
Certifications
Traffic Engineering for Highways, Secretary of Transport and Communications (SCT-Mexico); CAD Pilot Boot Camp for Civil 3D, CVIS
Mr. Parada has over 24 years of progressive
experience in civil engineering in the public works
sector as well as the private sector. He will be
performing design of the proposed improvements. He
is result-driven, proactive and detail-oriented with a
proven track record of successfully handling and
delivering a wide variety of complex and challenging
projects. He is dedicated to ensure that projects
exceed industry standards and consistently finishing
under budget and schedule. Through his career,
Octavio has accumulated extensive experience in
planning, designing and project completion for more
than 30 miles of roadways, street widening, medians,
traffic calming, roundabouts, signing and striping
modifications, bicycle lanes, pedestrian facilities for major corridors, arterials, collectors and residential
streets, including water improvements, sewer
improvements, drainage improvements, grading
plans and computerized system modeling for
drainage master plans. Finally, Octavio has worked
in the private sector for commercial and industrial
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City of Banning
SECTION C | COMPANY PERSONNEL
development as technical director managing projects
from the conceptual stage, through planning,
designing, bidding, construction, and project
completion under project specifications and
exceeding client expectations.
Travis Bradshaw
Associate Project Engineer/
Grant Compliance
Education
Bachelor of Science – Civil Engineering, San Diego State University, San Diego, CA
Credentials
California E.I.T. #178961
Mr. Bradshaw joined TKE 5 years ago after graduating
from San Diego State University with a degree in Civil
Engineering. He will be performing design assistance
and grant compliance services. As an Associate
Engineer, Mr. Bradshaw has been responsible for
assistance in street design, construction
management, utility coordination, review of
construction submittals and request for information
responses, progress payments, change orders review,
preparation of construction cost estimate and project
specifications. Mr. Bradshaw also has extensive
experience with Federal and State Grant funded
projects. Within his role as an Associate Engineer, he
assisted in drafting street improvement plans, street
design projects, the development of construction
management plans, conduct regular construction and
progress meetings, maintain records of contract, and
also ensuring that all permits and certifications are
obtained.
Justin Schlaefli
P.E., T.E., P.T.O.E.
Traffic Engineer
Education
Bachelor of Science – Civil Engineering, San Diego State University, San Diego, CA
Master of Science – Civil Engineering, Norwich University, Northfield, VT
Credentials
California Professional Civil Engineer #74670
California Licensed Traffic Engineer #2564
Mr. Schlaefli has nearly over 24 years of experience in the transportation field. He will be performing quality assurance for all pedestrian and traffic improvement
design. He is responsible for managing projects on a
day-to-day basis as well as interfacing with other
project team members and decision
makers/government staff and Contractors. He
specializes in Intelligent Transportation Systems,
Transportation Planning, Construction, Signal
Maintenance, Traffic Engineering and Traffic
Operations. He has experience working on both
public sector projects as well as private sector
development. His experience ranges from
construction management and inspection to
operations and maintenance. He also has experience
conducting traffic studies, specialized access analysis, parking studies, trip generation studies, traffic microsimulation, signal operations, signal timing, traffic control and design/build of ITS solutions. In addition, Mr. Schlaefli has served as a subject matter expert in
court, for the State of California and for vendors in the transportation industry. He is also a proud alumnus
of San Diego State University where he has served as
a guest lecturer and adjunct faculty teaching
Transportation Engineering and helping
subconsultant.
SUBCONSULTANTS
TKE has all the resources in-house to service this
project with 70 Designers, Professional Engineers,
Construction Managers, Inspectors, Traffic Engineers,
Surveyors, and Support Staff, and will not require the
assistance of subconsultants.
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION C | COMPANY PERSONNEL
Client Liaison/
Project Manager
Terry Renner
P.E., P.L.S., Q.S.D.
TKE Engineering, Inc.
Project Engineer
Octavio Parada
TKE Engineering, Inc.
Associate Project Engineer/
Grant Compliance
Travis Bradshaw, E.I.T.
TKE Engineering, Inc.
Traffic Engineer
Justin Schlaefli
P.E., T.E., P.T.O.E.
TKE Engineering, Inc.
ORGANIZATIONAL CHART
SUPPORT TEAM
( 70 Members)
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION C | COMPANY PERSONNEL
RESUMES
TERRY RENNER
P.E., P.L.S., Q.S.D.
Client Liaison/
Project Manager
TKE Engineering, Inc. (951) 680-0440
EDUCATION
B.S., Civil Engineering, California State
Polytechnic University, Pomona, CA
CERTIFICATIONS
Caltrans SWPPP Certified QSP/QSD
Training
REGISTRATIONS
P.E. License Number 69984 (CA)
P.L.S. License Number 9762 (CA)
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 over 25 years of experience in civil engineering design, plan checking, project management and construction management of both development and public works infrastructure projects, including grading improvements, street and transportation improvements, traffic engineering, drainage improvements, water improvements, sewer improvements, facilities improvements and recreation improvements. He will serve as the point of contact to the City and be responsible for project management and coordination with all staff. He currently provides traffic and transportation engineering services to the cities of Fontana, Calimesa, Upland, Wildomar, Highland, and Adelanto. His experience includes services during pre-project planning, design, plan review, construction management and inspection, along with operations and maintenance.
He also has experience conducting traffic studies, specialized access analysis, parking studies, signal operations, signal timing, and traffic control. 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. Through his career, Terry has accumulated extensive experience in Transportation and Traffic Engineering field. He has planned, designed and managed construction for more than 30 miles of roadways, street widening, medians, traffic calming, roundabouts, signing and striping modifications, bicycle lanes, and pedestrian facilities for major corridors, arterials, collectors and residential streets. Finally, Terry has overseen public works projects for signal modification and ITS improvements including projects in Caltrans jurisdiction and involving multi-agency.
DETAILED PROJECT EXPERIENCE
• County Line Road Transportation Corridor (LPP) – County Line Road, City of Calimesa – Mr. Renner was the principal in charge for design of the SB1 State grant funded project for the street widening and roundabout improvements on County Line Road. The Project includes four (4) single-lane and one (1) multi-lane roundabout, together with street, pedestrian, and bicycle improvements, to improve safety and efficiency throughout the corridor. The innovative approach to implement roundabout intersection throughout the corridor provides adequate capacity and level of service to remain a two-lane street; thus, significantly reducing rightof-way and construction costs to construct a four-lane corridor. • ATP Cycle 3 Safe Routes to School, City of Fontana – Mr. Renner was the Project Manager for design of this project. This project consisted of the preparation plans, technical specifications, construction cost estimates (PS&E) and construction support services for 7,700 linear foot ADA and pedestrian enhancement project. The project includes the construction of curb, gutter, sidewalk, curb ramp, bike lane 275
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION C | COMPANY PERSONNEL
improvements, traffic signal modifications, utility relocations, private improvement restoration and signing and striping. TKE is coordinating with Caltrans for completion of the PES, right-of-way certifications and obtaining the RFA for construction.
• Acacia Avenue Rehabilitation, City of Fullerton – Mr. Renner served as the Project Manager for this project providing design engineering services for the pavement rehabilitation on Acacia Avenue and Dorothy Lane. This project included rehabilitation of existing pavement conditions, sidewalk replacement, curb and gutter replacement, and street restriping. The project scope of work included preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services.
• Montclair Safe Routes to School Implementation Project (ATP Cycle 6), City of Montclair – Mr. Renner was the Project Manager for the design of the ATP Cycle 6 Safe Routes to Montclair High School, Monte Vista, and Montera Elementary Schools Project. It included the preparation of full construction documents including environmental compliance, ROW acquisition, plans, technical specifications, PS&E and construction support services for the design of bike lanes, curb and gutter, sidewalk, driveways, crosswalks, ADA curb ramps, drainage structures, bike lane, signing and striping, traffic signal, enhance street lighting improvements, traffic calming treatments like in-ground and overhead rapid flashing beacons, raised or painted medians and curb return bulb-outs to increase pedestrian safety and improve traffic efficiency.
• ATP Cycle 2 Safe Routes to School – Fontana Avenue and Arrow Boulevard Project, City of Fontana – Mr. Renner was the Project Manager for design of this project that consisted of preparing full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 LF ADA and pedestrian enhancement project. It included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm drain modifications, private improvement restoration and signing and striping. TKE successfully coordinated with Caltrans for completion of the PES, right-of-way certifications and obtaining the RFA for construction
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION C | COMPANY PERSONNEL
OCTAVIO
PARADA
Project Engineer
TKE Engineering, Inc. (951) 680-0440
EDUCATION
B.S., Autonomous University of Baja
California, Mexico (UABC)
CERTIFICATIONS
Traffic Engineering for Highways,
Secretary of Transport and
Communications (SCT-Mexico)
CAD Pilot Boot Camp for Civil 3D, CVIS
Mr. Parada has over 24 years of progressive experience in civil engineering in the public works sector as well as the private sector. He will be performing design of the proposed improvements. He is resultdriven, proactive and detail-oriented with a proven track record of successfully handling and delivering a wide variety of complex and challenging projects. He is dedicated to ensure that projects exceed industry standards and consistently finishing under budget and schedule.
Through his career, Octavio has accumulated extensive experience in planning, designing and project completion for more than 30 miles of roadways, street widening, medians, traffic calming, roundabouts, signing and striping modifications, bicycle lanes, pedestrian facilities for major corridors, arterials, collectors and residential streets, including water improvements, sewer improvements, drainage improvements, grading plans and computerized system modeling for drainage master plans. Finally, Octavio has worked in the private sector for commercial and industrial development as technical director managing projects from the conceptual stage, through planning, designing, bidding, construction, and project completion under project specifications and exceeding client expectations.
DETAILED PROJECT EXPERIENCE
• Montclair Safe Routes to School Implementation Project (ATP Cycle 6), City of Montclair – Mr. Parada was the Project Engineer for the design of the ATP Cycle 6 Safe Routes to Montclair High School, Monte Vista, and Montera Elementary Schools Project that included the preparation of full construction documents including environmental compliance, ROW acquisition, plans, technical specifications, PS&E and construction support services for the design of bike lanes, curb and gutter, sidewalk, driveways, crosswalks, ADA curb ramps, drainage structures, bike lane, signing and striping, traffic signal, enhance street lighting improvements, traffic calming treatments like in-ground and overhead rapid flashing beacons, raised or painted medians and curb return bulb-outs to increase pedestrian safety and improve traffic efficiency.
• County Line Road Transportation Corridor (LPP) – County Line Road, City of Calimesa – Mr. Parada was the Project Manager for design of the SB1 State grant funded project for the street widening and roundabout improvements on County Line Road. The Project includes four (4) single-lane and one (1) multi-lane roundabout, together with street, pedestrian, and bicycle improvements, to improve safety and efficiency throughout the corridor. The innovative approach to implement roundabout intersection throughout the corridor provides adequate capacity and level of service to remain a two-lane street; thus, significantly reducing rightof-way and construction costs to construct a four-lane corridor. • ATP Cycle 3 Street Safe Routes to School Pedestrian Improvement Project, City of Fontana, CA – Mr. Parada served as the Project Engineer for the ATP Cycle 3 Safe Routes to School Pedestrian 277
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION C | COMPANY PERSONNEL
Improvement Project. TKE provided design engineering services for the Safe Routes to Schools project funded through ATP Cycle 2 for the City of Fontana for Fontana Ave and Arrow Boulevard. This project consisted of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 linear foot ADA and pedestrian enhancement project. The project included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm drain modifications, private improvement restoration and signing and striping.
• ATP Cycle 1 Safe Routes to Calimesa and Wildwood Elementary Schools Project, City of Yucaipa/Calimesa – Mr. Parada was the project engineer for design of the Active Transportation Program, Cycle 1 project. This project consists of the preparation of full construction documents including environmental compliance documents, right-of-way acquisition, plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the Bicycle lanes, curb and gutter, sidewalk, crosswalks, ADA curb ramps, signing and striping along Avenue ‘H’ from 3rd Street to Holmes Street and along County Line Road between 3rd Street and California Street.
• Palomar/Clinton Keith Sidewalk, Trail, and Bike Lane Connectivity Project, City of Wildomar, CA – Mr. Parada served as the Project Engineer for the Palomar/Clinton Keith Connectivity that included approximately one mile of sidewalk connectivity, ultimate street widening, storm drain, striping, and private property restoration that required full depth removal and placement of AC pavement; removal and reconstruction of concrete curbs and gutters, ADA ramps, crossgutters, sidewalks; construction of concrete sidewalks, curbs and gutters, cross-gutters, ADA ramps, and driveway approaches; construction of CMU retaining wall and significant regrading along hillsides; construction of a multipurpose DG Trail; construction of catch basins, rock bioswales, headwalls, and storm drains; installation of a new pedestrian push button system and curb ramp at the intersection of Clinton Keith Road and Renaissance Plaza; relocation of miscellaneous utilities; raising of various utility manholes/valves and installation of traffic signing, striping and loop detectors.
• CDBG Street Improvement Project, City of El Monte – Mr. Parada was a project engineer for design of CDBG funded pavement rehabilitation on Klingerman Street, Strozier Avenue and Fern Street for the City of El Monte. This project consists of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the pavement rehabilitation, curb, gutter, sidewalk, ADA curb ramps, and striping replacement.
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION C | COMPANY PERSONNEL
TRAVIS
BRADSHAW
E.I.T.
Associate Project
Engineer/
Grant Compliance
TKE Engineering, Inc.
EDUCATION
B.S., Civil Engineering, San Diego
State University, San Diego, CA
CERTIFICATIONS
E.I.T. No. 178961
Mr. Bradshaw joined TKE 5 years ago after graduating from San Diego State University with a degree in Civil Engineering. He will be performing design assistance and grant compliance services. As an Associate Engineer, Mr.
Bradshaw has been responsible for assistance in street design, construction management, utility coordination, review of construction submittals and request for information responses, progress payments, change orders review, preparation of construction cost estimate and project specifications. Mr. Bradshaw also has extensive experience with Federal and State Grant funded projects. Within his role as an Associate Engineer, he assisted in drafting street improvement plans, street design projects, the development of construction management plans, conduct regular construction and progress meetings, maintain records of contract, and also ensuring that all permits and certifications are obtained.
DETAILED PROJECT EXPERIENCE
• Montclair Safe Routes to School Implementation Project (ATP Cycle 6), City of Montclair – Mr. Bradshaw was the Assistant Project Engineer for the design of the ATP Cycle 6 Safe Routes to Montclair High School, Monte Vista, and Montera Elementary Schools Project that included the preparation of full construction documents including environmental compliance, ROW acquisition, plans, technical specifications, PS&E and construction support services for the design of bike lanes, curb and gutter, sidewalk, driveways, crosswalks, ADA curb ramps, drainage structures, bike lane, signing and striping, traffic signal, enhance street lighting improvements, traffic calming treatments like in-ground and overhead rapid flashing beacons, raised or painted medians and curb return bulb-outs to increase pedestrian safety and improve traffic efficiency.
• County Line Road Transportation Corridor (LPP) – County Line Road, City of Calimesa – Mr. Bradshaw was the Assistant Project Manager for design of the SB1 State grant funded project for the street widening and roundabout improvements on County Line Road. The Project includes four (4) single-lane and one (1) multi-lane roundabout, together with street, pedestrian, and bicycle improvements, to improve safety and efficiency throughout the corridor. The innovative approach to implement roundabout intersection throughout the corridor provides adequate capacity and level of service to remain a two-lane street; thus, significantly reducing right-of-way and construction costs to construct a four-lane corridor.
• Sierra Avenue Widening Project, City of Fontana – Mr. Bradshaw is the Assistant Project Manager for the City of Fontana’s Sierra Avenue Street Widening project from Foothill Boulevard to Baseline Avenue.
The Project consists of approximately 1 mile of street improvements including construction of concrete sidewalks, curbs and gutters, crossgutters, ADA ramps, and driveway approaches; construction of catch basins and storm drains; undergrounding of overhead utilities; 279
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION C | COMPANY PERSONNEL
construction of sewer main and laterals; raising of various utility manholes/valves; traffic signal modifications; and installation of traffic signing and striping. Services include value engineering, utility company coordination, construction management, inspection, and coordination with property owners/residents.
• I-10 Cherry Valley Interchange Improvement Management, City of Calimesa, CA - Mr. Bradshaw served as Assistant Project Manager. TKE provides project management services for the City for the Cherry Valley Interchange including review and oversight of the Project Study Report (PSR or Project Initiation Document – PID) prepared by the County of Riverside and the consulting engineering firm, coordination with all stake holders including adjacent private developments,
preparation/review of cooperation and funding agreements between stake holders. The PSR provides new interchange alternatives and preliminary geometric layouts that includes the City’s preferred interchange alternative and other viable interchange alternatives along with initial traffic data, storm water data, and environmental data.
Construction of a new interchange is vital to the City to increase capacity and functionality for the Cherry Valley Boulevard on/off-ramps to support the current/future traffic demand. The project is moving into the Project Approval and Environmental Document phase and is expected to begin construction in 2022.
• On Call Engineering Services, City of Calimesa – Mr. Bradshaw serves as an Associate Engineer for the City of Calimesa Engineering Department, assisting the City Engineer with ongoing projects and weekly tasks. Mr. Bradshaw has assisted in preparing grant applications, performing entitlement reviews, preparing development project conditions of approval, determining project impacts, plan review for permit issue, coordination with Caltrans for interchange improvements and coordination with Developers for construction of City improvement projects.
• On Call Engineering Services, City of Hesperia – TKE provides on-call civil engineering services to the City, including City Engineer. TKE managed more than $20 million in public improvement projects. Mr.
Bradshaw has helped to prepare material for grant applications, and preliminary cost estimates. He was also involved in the City Wastewater Treatment Plant and sewer/recycled water conveyance system Investigation.
280
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION C | COMPANY PERSONNEL
JUSTIN
SCHLAEFLI
P.E., T.E., P.T.O.E.
Traffic Engineer
TKE Engineering, Inc. (951) 680-0440
EDUCATION
B.S., Civil Engineering, San Diego State
University, San Diego, CA
M.S., Civil Engineering, Norwich
University, Northfield, VT
REGISTRATIONS
P.E. License Number 74670 (CA)
T.E. License Number 2564 (CA)
AFFILIATIONS
Professional Traffic Operations
Engineer
Former Second Vice President, San
Diego Highway Development
Association
Member, National Academy of
Sciences Transportation Research
Board
Member, Institute of Transportation
Engineers
Mr. Schlaefli has nearly over 24 years of experience in the transportation field. He will be performing quality assurance for all pedestrian and traffic improvement design. He is responsible for managing projects on a day-to-day basis as well as interfacing with other project team members and decision makers/government staff and Contractors. He specializes in Intelligent Transportation Systems, Transportation Planning, Construction, Signal Maintenance, Traffic Engineering and Traffic Operations. He has experience working on both public sector projects as well as private sector development. His experience ranges from construction management and inspection to operations and maintenance. He also has experience conducting traffic studies, specialized access analysis, parking studies, trip generation studies, traffic micro-simulation, signal operations, signal timing, traffic control and design/build of ITS solutions. In addition, Mr. Schlaefli has served as a subject matter expert in court, for the State of California and for vendors in the transportation industry. He is also a proud alumnus of San Diego State University where he has served as a guest lecturer and adjunct faculty teaching Transportation Engineering and helping subconsultant.
DETAILED PROJECT EXPERIENCE
• ATP Cycle 3 Street Safe Routes to School Pedestrian Improvement Project, City of Fontana, CA – Mr. Schlaefli served as the Traffic Engineer for the ATP Cycle 3 Safe Routes to School Pedestrian Improvement Project. TKE provided design engineering services for the Safe Routes to Schools project funded through ATP Cycle 2 for the City of Fontana for Fontana Ave and Arrow Boulevard. This project consisted of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 linear foot ADA and pedestrian enhancement project. The project included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm drain modifications, private improvement restoration and signing and striping. TKE successfully coordinated with Caltrans for completion of the PES, right-of-way certifications and obtaining the RFA for construction.
• County Line Road Transportation Corridor (LPP) – County Line Road, City of Calimesa – Mr. Schlaefli served as the Traffic Engineer for this project involving street widening and roundabout improvements on County Line Road. The Project includes four (4) single-lane and one (1) multi-lane roundabout, together with street, pedestrian, and bicycle improvements, to improve safety and efficiency throughout the corridor. The innovative approach to implement roundabout intersection throughout the corridor provides adequate capacity and level of service to remain a two-lane street; thus, significantly 281
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION C | COMPANY PERSONNEL
reducing right-of-way and construction costs to construct a four-lane corridor.
• Montclair Safe Routes to School Implementation Project (ATP Cycle 6), City of Montclair – Mr. Schlaefli was the Traffic Engineer for the design of the ATP Cycle 6 Safe Routes to Montclair High School, Monte Vista, and Montera Elementary Schools Project that included the preparation of full construction documents including environmental compliance, ROW acquisition, plans, technical specifications, PS&E and construction support services for the design of bike lanes, curb and gutter, sidewalk, driveways, crosswalks, ADA curb ramps, drainage structures, bike lane, signing and striping, traffic signal, enhance street lighting improvements, traffic calming treatments like in-ground and overhead rapid flashing beacons, raised or painted medians and curb return bulb-outs to increase pedestrian safety and improve traffic efficiency.
• CV Sync Traffic Signal Synchronization, City of Palm Desert – Mr.
Schlaefli serves as the Resident Engineer assisting in oversight of all construction management aspects for Phase 1 of the CV Sync project (Formerly CVAG TSSPP). This work involves plan review,
management and approval of construction scheduling, budget, field work, local agency procedures and more. As the Local Agency Resident Engineer, Mr. Schlaefli 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.
• Mission Bay Drive Adaptive Signal Project, City of San Diego – Mr.
Schlaefli served as the Project Engineer and Construction Manager responsible for introducing the latest technology to the City. The project started in the advanced planning phases investigating field conditions and working with City staff to explore technological options for improving 7 existing and one future signal on Mission Bay Drive. Mr. Schlaefli provided assistance to the City exploring technology vendors and developing system requirements necessary to provide a new Adaptive Traffic Control (ATC) system. He oversaw the design/build effort to convert 7 existing signals and construct one future signal as an ATC system using Trafficware’s SynchroGreen system. This effort started with project planning, budget review, constructability review, permit application and contractor coordination, and included communications design, installation, testing and quality assurance, controller replacements, TMC upgrades, ATMS, CCTV and Bluetooth monitoring system installation and configuration.
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
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 engineering design services.
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION E | EXPERIENCE AND REFERENCES
SECTION E | EXPERIENCE AND REFERENCES
RELEVANT PROJECT EXPERIENCE
MONTCLAIR SAFE ROUTES TO SCHOOL IMPLEMENTATION PROJECT (ATP CYCLE 6) City of Montclair, CA
DESCRIPTION
TKE is providing design engineering services for the Active Transportation Program, Cycle 6 Safe Routes to Montclair High School, Monte Vista, and Montera Elementary Schools project for the City of Montclair. This project consists of the preparation of full Construction documents including environmental compliance documents, right-of-way acquisition, plans, technical specifications, construction cost estimates (PS&E) and construction support services for the design of the Bicycle lanes, curb and gutter, sidewalk, driveways, crosswalks, ADA curb ramps, drainage structures, bike lane, signing and striping, traffic signal, enhance street lighting improvements, traffic calming treatments like in-ground and overhead rapid flashing beacons, raised or painted medians and curb return bulb-outs to increase pedestrian safety and improve traffic efficiency within the vicinity of the project, bounded on the north, south, east and west side by San Bernardino Street, Holt Boulevard, Central Avenue and Mills Avenue respectively.
SERVICES
Services included design and construction support of street improvements, street lighting, including sidewalk improvements, ADA access ramps, traffic signal and signing and striping, all performed under a tight schedule necessary to ensure compliance with funding deadlines imposed by Caltrans Local Assistance.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Justin Schlaefli, P.E., T.E., P.T.O.E., Monae Pugh, Octavio Parada, Travis Bradshaw, E.I.T., Ron Musser, P.L.S.
Client Contact: Rosemary Hoerning, P.E., P.L.A., M.P.A.
Phone Number: (909) 626-8471
Email: [email protected]
Project Cost: $5.1 million
Completion Date: Current
RELEVANCE TO BANNING • ATP Grant Funding Project
• ADA Street/Pedestrian
Design
• Traffic Signal Design
• Utility Coordination
• Environmental Compliance
• Right-of-Way Engineering
• Caltrans ATP Grant
Assistance
• Street Lighting
Enhancement
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION E | EXPERIENCE AND REFERENCES
COUNTY LINE ROAD TRANSPORTATION CORRIDOR (LPP)
City of Calimesa, CA
DESCRIPTION
TKE was the prime contractor preparing and obtaining a grant for the City of Calimesa through the Road Repair and Accountability Act of 2017 (SB1) Local Partnership Program (LPP). TKE prepared street widening and roundabout improvements for the construction of the County Line Road Transportation Corridor. The Project includes four (4) single-lane and one (1) multi-lane roundabouts, together with street, pedestrian, and bicycle improvements, to improve safety and efficiency throughout the corridor. The innovative approach to implement roundabout intersection throughout the corridor provides adequate capacity and level of service to remain a two-lane street; thus, significantly reducing right-of-way and construction costs to construct a four-lane corridor.
SERVICES
Services include grant coordination and management, design, topographic survey, right-of-way engineering, environmental assistance, roadway safety analysis, preparation of exhibits, cost estimates, coordination with California Transportation Commission, construction management, inspection, and construction staking.
KEY STAFF
Michael Thornton, P.E., P.L.S., M.S., Terry Renner, P.E., P.L.S., Q.S.D., Steven Ledbetter, P.E., Q.S.D., Justin Schlaefli, P.E., T.E., P.T.O.E., Octavio Parada, Monae Pugh, Ron Musser, P.L.S., Travis Bradshaw, E.I.T., Marvin Lara, E.I.T.
Client Contact: Will Kolbow
Phone Number: (909) 795-9801
Email: [email protected]
Project Cost: $10.1 million ($3.7 million grant)
Completion Date: 2022
RELEVANCE TO BANNING • Pedestrian and Bicycle
Enhancements
• Public Works Design Project
• State Grant Management
• Community Outreach Effort
• Right-of-Way Engineering
• Utility Relocation/
Coordination
• Caltrans Local Assistance
Processing
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION E | EXPERIENCE AND REFERENCES
ATP CYCLE 3 SAFE ROUTE TO SCHOOL PEDESTRIAN IMPROVEMENTS City of Fontana, CA
DESCRIPTION
TKE was responsible for providing design engineering services for the Safe Routes to Schools project funded through ATP Cycle 3 for the City of Fontana for Fontana Ave and Arrow Boulevard. This project consisted of the preparation of full Construction documents including plans, technical specifications, construction cost estimates (PS&E) and construction support services for the 5,900 linear feet of bicycle lane, ADA and pedestrian enhancements. The project included the construction of curb, gutter, sidewalk, curb ramp, bike lane improvements, utility relocations, storm drain modifications, private improvement restoration and signing and striping. TKE successfully coordinated with Caltrans for completion of the PES, right-of-way certifications and obtaining the RFA for construction.
SERVICES
Services included design, surveying, grant management, PES preparation, environmental compliance services, utility coordination, right-of-way engineering, and construction assistance.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Octavio Parada, Justin Schlaefli, P.E., T.E., P.T.O.E., Monae Pugh, Ron Musser, P.L.S.
Client Contact: Jeffrey Kim, P.E.
Phone Number: (909) 350-7632
Email: [email protected]
Project Cost: $1.9 million
Completion Date: 2023
RELEVANCE TO BANNING • PS&E and Construction
Support
• Street/Pedestrian Design
• Grant Funding Coordination
• Utility
Relocation/Coordination
• Design Topographic
Surveying
• Right-of-Way Engineering (19
Parcel Acquisitions)
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION E | EXPERIENCE AND REFERENCES
HSIP CYCLE 10 PEDESTRIAN CROSSING AT RAMON ROAD NEAR CANDLEWOOD DRIVE City of Cathedral City, CA
DESCRIPTION
This project is a State-funded HSIP project requirements Cycle 10: Pedestrian Signal encompassing construction of a pedestrian crossing signal at Ramon Road near Candlewood Drive. The project includes a pedestrian, signal, or median fencing on Ramon Road from Landau Boulevard to Whispering Palms Trail and various signing and striping improvements. The project requires construction engineering support which includes labor compliance monitoring and enforcement, inspection and materials testing in accordance with State-funded HSIP requirements.
SERVICES
Services include full-service construction management assistance, labor compliance monitoring and enforcement, inspection, and materials testing.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Justin Schlaefli, P.E., T.E., P.T.O.E., Jeannette Barlow, Greg Laywer Client Contact: Andrew Lee
Phone Number: (760) 770-0340
Email: [email protected]
Project Cost: $1.1 million
Completion Date: On-Going
RELEVANCE TO BANNING
• HSIP Funding Experience
• Construction Management
• Inspection Services
• Grant Funded Project
Experience
• Labor Compliance Monitoring
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION E | EXPERIENCE AND REFERENCES
CV SYNC – PHASE I & II
Coachella Valley Association of Governments, City of Coachella Valley, CA
DESCRIPTION
This project located in the Coachella Valley consists of upgrading the local agencies existing legacy (outdated) traffic signal controllers, traffic management systems, and communication systems with the latest off-the-shelf technologies in order to provide inter-agency traffic signal synchronization along three regional roadways including Highway 111, Ramon Road and Washington Street. 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 (ICM), Smart Cities, and Connected and Autonomous Vehicles. This project includes a Regional Traffic Management Center (RTMC) and local Traffic Operation Centers (TOC) that will have the capability to monitor, control of connected traffic signals, and be used as a monitoring tool for research and analysis to help determine regional system enhancements, operations, and maintenance.
SERVICES
Services included bid administration and pre-construction assistance, grant funding administration, construction management, inspection, and project closeout services.
KEY STAFF
Terry Renner, P.E., P.L.S., Q.S.D., Justin Schlaefli, P.E., T.E., P.T.O.E., Stephen Biscotti, Michael Counce, Ron Musser, P.L.S.
Client Contact: Jonathan Hoy
Phone Number: (760) 346-1127
Email: [email protected]
Project Cost: $109.0 million
Completion Date: Current
RELEVANCE TO BANNING • Public Works Construction
Management Inspection Project
• Traffic Signal, Synchronization
and Special Inspections
• Electrical Inspections
• State and Federal Grant
Management
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION E | EXPERIENCE AND REFERENCES
REFERENCES
Please see the Table below for a small, but representative list of agencies who have and continue to request TKE to assist them in delivering valuable projects to their communities. We respectfully request that you verify our qualifications with the listed references.
AGENCY CONTACT NAME PHONE NUMBER/
EMAIL ADDRESS
SERVICES PROVIDED DATES SERVICES
PROVIDED
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Will Kolbow
City Manager
(909) 795-9801
wkolbow@cityofcalimesa
.net
Grant and Local Funded
Street, Pedestrian and
Signal Design
2012 – Present
City of Montclair
5111 Benito Street
Montclair, CA 91763
Rosemary Hoerning
Executive Director of
Engineering & Major
Projects Manager
(909) 721-1786
rhoerning@cityofmontlcair
.org
Grant and Local Funded
Street, Pedestrian and
Signal Design
2019 – Present
City of Fontana
16489 Orange Way
Fontana, CA 92335
Phil Burum
Deputy City Manager
(909) 350-6727
[email protected]
Grant and Local Funded
Street, Pedestrian and
Signal Design
2000 – Present
City of Jurupa
Valley
303 W 8930
Limonite Avenue
Jurupa Valley, CA
92509
Paul Toor
Director of Public
Works/City Engineer
(951) 332-6464
[email protected]
Grant and Local Funded
Street, Pedestrian and
Signal Design
2021 – Present
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION F | PRICE PROPOSAL
SECTION F | PRICE PROPOSAL (SUBMITTED SEPERATELY)
Per the instructions in the RFP, TKE’s Price Proposal will be submitted separately via the City’s online procurement portal, OpenGov.com.
290
SubConsultants2.) Total
Task No. Task Hours $ Hours $ Hours $ Hours $ Hours $ $ $ Design Scope of Services
Task 1 - Project Management
1.1 Kickoff Meeting 2 $ 360 4 $ 680 $ - 1 $ 95 $ - $ 1,135
1.2 Progress Meetings 8 $ 1,440 16 $ 2,720 $ - 4 $ 380 $ - $ 4,540
1.3 Invoicing 4 $ 720 8 $ 1,360 $ - 4 $ 380 $ - $ 2,460 Task 2 - Preliminary Investigation/Site Assessment
2.1 Data Colleciton, Survey and Site Reconnaissance 8 $ 1,440 30 $ 5,100 60 $ 9,000 8 $ 760 24 $ 6,360 $ 22,660 Task 3 - Preliminary Engineering Design
3.1 60% Design 8 $ 1,440 40 $ 6,800 80 $ 12,000 8 $ 760 $ - $ 21,000
3.2 90% Design 4 $ 720 20 $ 3,400 40 $ 6,000 8 $ 760 $ - $ 10,880
3.3 100% Design 2 $ 360 12 $ 2,040 20 $ 3,000 8 $ 760 $ - $ 6,160 Task 4 - Specifications and Cost Estimates
4.1 90% and Final 4 $ 720 16 $ 2,720 24 $ 3,600 16 $ 1,520 $ - $ 8,560 Task 5 - Bidding/Construction Support
5.1 RFI's Addenda, Submittal Review, As-Builts 8 $ 1,440 24 $ 4,080 16 $ 2,400 8 $ 760 $ - $ 8,680 Subtotal: 48 $ 8,640 170 $ 28,900 240 $ 36,000 65 $ 6,175 24 $ 6,360 $ - $ 86,075 Rates: Design Total: $ 86,075
Project Manager $ 180 /HR Rounded Design Total: $ 86,100 Project Engineer/Surveyor $ 170 /HR
Assistant Engineer/Designer $ 150 /HR
Clerical $ 95 /HR
Survey Crew $ 265 /HR
TKE Engineering, Inc.
City of Banning
RFP 25-101 Design Services for
Consulting Engineering Fee
Project Manager Project Engineer/Surveyor
Assistant
Engineer/Designer Clerical Surveying
The Pedestrian Crossing Upgrades at 19 Intersections Throughout The City of Banning 291
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION G | VALUE ADDED SERVICES
SECTION G | VALUE ADDED SERVICES (SUBMITTED SEPERATELY) Per the instructions in the RFP, TKE’s value added services response will be submitted separately via the City’s online procurement portal, OpenGov.com.
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION H | EVIDENCE OF INSURANCE
SECTION H | EVIDENCE OF INSURANCE (SUBMITTED SEPERATELY) Per the instructions in the RFP, TKE’s evidence of insurance will be submitted separately via the City’s online procurement portal, OpenGov.com.
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AGREEMENT FOR PROFESSIONAL SERVICES (C01196) FOR DESIGN SERVICE FOR PEDESTRIAN CROSSINGS AT 19 INTERCHANGE 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 a Request for a Proposal (RFP 25-101) for the performance of the services for Design Services for Pedestrian Crossings at 19 Intersections 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 295
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standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).
1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 296
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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. 297
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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
Terry Renner Senior 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. 298
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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 299
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
1.15 Debarment or Suspension.
Consultant represents and warrants that, as of the Effective Date of this Agreement, Consultant is not debarred or suspended pursuant to any applicable Federal or State law providing for the debarment of contractors. Consultant shall not perform the Services with any subcontractor that has been debarred or suspended pursuant to any applicable Federal or State law providing for the debarment. Consultant and its subcontractors shall not be debarred or suspended throughout the Term of this Agreement pursuant to any applicable Federal or State law providing for the debarment of contractors. If Consultant or any subcontractor becomes debarred or suspended during the Term of this Agreement, Consultant shall immediately notify City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than Eighty-Six Thousand Seventy-Five Dollars ($86,075.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
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City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to 301
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unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.
3.4 Term.
The Term of this Agreement shall be from the Effective Date through December 31, 2026, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits of Insurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
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D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non-Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
4.5 Consultant’s Waiver of Subrogation.
The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
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If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
4.9 Evidence of Insurance.
Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.
4.11 Sub-contractor Insurance Requirements.
Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising 304
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from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement. 305
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ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 Service Records.
Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.
5.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All 306
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sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
5.4 Confidentiality and Release of Information.
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside. 307
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6.2 Disputes; Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance.
In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the 308
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provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6.7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.
6.8 Attorneys’ Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other 309
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relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement. 310
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7.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
If to City Attn: Patrick Safari
CIP Projects Manager
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: John Pinkney, City Attorney
Slovak Baron Empey Murphy & Pinkney
74774 Highway 111
Indian Wells, California 92210
Email: [email protected]
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If to Consultant: Attn: Terry Renner
Senior Vice President
TKE Engineering, Inc.
2305 Chicago, Ave.
Riverside, CA, 92507
Email: [email protected]
8.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement. 312
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B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
8.7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.
8.9 Non-Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
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“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Electronic Signatures.
Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Art Vela, Date
Acting City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Sandra Calderon Date
Acting Administrative City Clerk
Address:
APPROVED AS TO FORM:
Slovak Baron Empy Murphy & Pinkney
City Council Approval: _____________
John Pinkney Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
315
Exhibit “A”-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Design Service for Pedestrian Crossing at 19 Interchange 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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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION A | UNDERSTANDING AND APPROACH
SECTION A | UNDERSTANDING
AND APPROACH
PROJECT
UNDERSTANDING
The City of Banning (City) is requesting proposals for
professional engineering design services for the
Pedestrian Crossing Upgrades at 19 Intersections
throughout the City of Banning as part of an awarded
HSIP Cycle 11 Grant. The City has adopted a Local
Road Safety Plan (LRSP) to establish a strategic
framework for identifying, analyzing, and prioritizing
roadway safety infrastructure improvements. The
LRSP crash analysis revealed that 65% of all citywide
crashes occurred at unsignalized intersections,
including 62% of fatal crashes and 70% of severe
injury crashes. Pedestrians were identified as
vulnerable roadway users (VRUs), comprising only 7%
of total crashes but representing 46% of fatalities and 12% of severe injuries.
Based on these findings, the City has identified 19
unsignalized intersections with pedestrian crossings
as high-priority locations for safety upgrades. These
intersections represent areas with the highest
concentrations of fatal and injury-related crashes and
are located at the following 19 intersections:
1. Monarch Way and Wilson Street
2. Apex Street and Ramsey Street
3. 20th Street and Wilson Street
4. Nicolet Street and 21st Street
5. Nicolet Street and Sims Street
6. Wilson Street and 10th Street
7. Alessandro Road and Hoffer Street
8. Wilson Street and Hargrave Street
9. Alessandro Road and George Street
10. Nicolet Street and Alessandro Road
11. Livingston Street and 2nd Street
12. San Gorgonio Avenue and Lincoln Street
(Route 243)
13. San Gorgonio Avenue and Westward Avenue
(Route 243)
14. Nicolet Street and 20th Street
15. Nicolet Street and 2nd Street
16. San Gorgonio Avenue and George Street
17. Nicolet Street and Murray Street
18. Wilson Street and Florida Street
19. Westward Avenue and 4th Street
This initiative is funded through the Highway Safety
Improvement Program (HSIP) and all project activities
must comply with applicable state regulations and the
Caltrans Local Assistance Procedures Manual (LAPM).
TKE is prepared to provide comprehensive Design
Services for the Pedestrian Crossing Upgrades at the
19 designated intersections with services that include
the preparation of Plans, Specifications, and
Estimates (PS&E), as well as construction support.
Based on the LRSP recommendations, TKE will
incorporate proven countermeasures such as:
• Installation of curb extensions
• ADA-compliant curb ramps
• Rectangular Rapid Flashing Beacons (RRFBs)
• High-visibility crosswalks
• Advanced warning signs and pavement
markings
TKE brings extensive experience in delivering HSIP,
ATP, CDBG an numerous other grant-funded projects.
TKE has provided design and construction
management for more than $300 million in grantfunded transportation projects and is therefore fully versed in Caltrans project development standards.
We are committed to supporting the City in achieving
its roadway safety goals through thoughtful design,
regulatory compliance, and community-focused
solutions.
APPROACH
Our approach to this HSIP funded pedestrian
improvement project, recognizing that both schedule
and budget are of primary concern, dictates that
design decisions must be made quickly and carefully.
EXHIBIT "A"
EXHIBIT "A" - 2
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION A | UNDERSTANDING AND APPROACH
When this is coupled with the various constraints
present for a pedestrian safety improvement project,
it is critical that the City choose a consultant with a proven track record of delivering. With a familiar
team of senior level traffic and street design
professionals, TKE is the right choice for this project.
With this pedestrian safety improvement project, our
experience tells us that there has to be a proactive
approach to completing the work. This includes early
identification of critical design elements for the
project locations and accurate cost estimating
throughout the entire process. In preparing this
proposal, our team established key issues so we can
“hit the ground running” to make this a successful
project for the City.
COMMUNICATION
TKE will implement continuous communications with
City staff during project implementation to ensure a
smooth transition between agency approvals. In
addition, deliverables will be provided at every stage
of project development for City review to ensure that
the project is proceeding efficiently to avoid any
potential rework. Continuous communications will
ensure that project needs and objectives are met and
the project remains on schedule.
CRITICAL ISSUES
I DENTIFICATION OF C RITICAL
D ESIGN E LEMENTS
Our approach to identifying critical issues will be to
immediately go into the field and document all the
critical design elements so they can be presented to
the City. This will give us a head start on instructing our survey team about what detailed information to
collect. Some of these elements include key ground
elevation information at the curb returns and bulb
outs to determine how ADA access and drainage will
be maintained for each of these locations.
D ESIGN
TKE has extensive experience working with various
agencies on design of pedestrian activated warning
devices such as Rapid-Rectangular Flashing Beacons
(RRFB) and In-Roadway Warning Lights (IRWL). TKE
designers have experience with the most common
vendors in the traffic signal and pedestrian warning
industry and experience with a variety of equipment.
TKE designers have hands-on experience with traffic
signal and pedestrian warning equipment including
communications (wireless, fiber, ethernet-overcopper, cellular), detection (loop, radar, puck, video), controller (ATC, NEMA, Caltrans), cabinets and more.
As a result, we can adapt and bring domain
knowledge of a variety of equipment types and
options which the City may operate or may desire to
implement.
R AMP T RANSITIONS
For ramp construction projects, transitions to existing improvements are typically the most challenging
component of design, especially in fully developed
areas where buildings were constructed with
insufficient setbacks to properly install the proposed
improvements to today’s standards.
With new requirements for ADA ramp construction,
private improvements such as fences, walls, and
landscaping may be impacted. TKE will identify such
impacts early during project design and will develop
an action plan for working with residents that may be
impacted. Our goal will be to complete ramp design
that will fully comply with ADA requirements at the
same time as minimizing private property impacts or
the need for additional rights-of-way.
R IGHT - O F - W AY
Upon determination of construction limits, TKE will
assess right-of-way needs. Based on our preliminary
research of existing right-of-way limits it appears as if right-of-way will not be required to create ADA
pathways around any proposed improvements.
A CCURATE C OST E STIMATING
TKE understands the limits on ATP and SRTS funding.
Because of the limited budget for this project, it is
important to keep costs controlled. Our approach to
controlling costs is to provide frequent and accurate
cost estimates by using TKE’s detailed cost estimating
database. In addition to using this database, TKE
utilizes our considerable experience with
Construction Management to assist in providing
constructability reviews and cost estimating based on
current information from our on-going projects.
Finally, with the current economic climate,
construction costs are widely varying. We will also
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City of Banning
SECTION A | UNDERSTANDING AND APPROACH
discuss the project elements with local contractors to
assure that we have the most current construction
information available so that the City can ensure the
most value for the public’s dollar.
F AMILIARITY W ITH F UNDING S OURCE
TKE is well versed with Caltrans Local Assistance
requirements as well as the general guidelines for
implementing HSIP funded projects. They include:
• Requesting that Caltrans furnish an
expenditure authorization number.
• Submitting allocation request and finance
letters to Caltrans Local Assistance requesting
reimbursable costs allocation
• Ensuring Caltrans prepares a Program
Supplement Agreement for City execution. If
the City does not have a “State Funds Master
Agreement” on file with Caltrans, one will be
required.
• Ensuring that the City acquires Local
Assistance approval for all required
environmental clearances (CEQA) and rightof-way needed for the project. • Ensuring that the project complies with the
requirements of the Americans with
Disabilities Act.
• Processing invoices to Caltrans Local
Assistance for reimbursement.
SCOPE OF WORK
T ASK 1. P ROJECT M ANAGEMENT
TKE’s Project Manager will be responsible for the
entire project team. He will attend all meetings,
prepare agendas and corresponding meeting minutes
together with collection of signatures for meeting
attendees (sign-in sheets). He will meet with the City
at appropriate times and will meet as needed with
agencies, residents, property owners, and utilities in
addition to the meetings presented below. He will
also update the project budget and schedule prior to
each City meeting for discussion with staff.
Task 1.1 Initial ‘Kick Off’ Meeting
Within 2 weeks after contract execution, we propose
to meet with the City staff to conduct introductions,
review project obligations/scope and to discuss all
project requirements in detail. TKE will set up and
manage the project, provide utility coordination (if
necessary), perform quality assurance and quality
control prior to each milestone submittal and in
conformance with federal, state and city standards.
TKE’s Project Manager and Project Engineer will
attend the meeting to determine project protocol and
obtain City record drawings.
Task 1.2 Progress Meeting
TKE will coordinate monthly progress virtual meetings
with City’s Project Design Team (PDT) to update the
City of the project progress and schedule status. TKE
will maintain continuous awareness of the status of
each task as it proceeds and make provisions to
expedite and resolve any difficulties that may impede
progress.
If necessary, TKE will facilitate other meetings with
City Departments and other key stakeholders,
creating meeting agendas with input from the city,
and other stakeholders and preparing and
distributing meeting minutes within 7 calendar days
of the meeting.
Task 1.3 Invoicing
TKE will invoice the city on a monthly basis. With each monthly invoice, TKE will provide a detailed project
schedule with continuous updates and executive
summary of project status and the remaining budget
for each task. Direct costs will be supported by a copy of receipts. Any change orders/additional work
requests will be cleared and approved by the City
prior to additional work being completed.
Deliverables: Schedule, Kick-Off Meeting, Work Plan,
Meeting Agendas and Meeting Minutes, Monthly
Invoices, Schedule, Project History File
T ASK 2. P RELIMINARY I NVESTIGATION /
S ITE A SSESSMENT
TKE will conduct a field visit of each of the 19 locations to evaluate all locations against the project scope of
work. TKE will review and verify the location and type
of existing improvements, intersection geometrics,
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City of Banning
SECTION A | UNDERSTANDING AND APPROACH
posted speed limits, on street parking conditions, and
any other information that may alter the proposed
upgrades.
Deliverables: Field Review Notes, Photo Logs
T ASK 3. E NGINEERING D ESIGN
Task 3.1 Design Plans 60%, 90% and 100%
TKE will compile all gathered information and prepare
60%, 90% and 100% design plans.
– ENVIRONMENTAL
Per the RFP, the project is assumed to be categorically exempted under CEQA requirements.
– 60% DESIGN
60% Design will include preparation geometric
roadway improvement exhibits, preliminary
construction drawings, preliminary technical
specifications, preliminary construction estimates,
and completed geotechnical report.
Construction drawings will show proposed street
geometrics including locations of proposed asphalt
concrete pavement, curb and gutters, sidewalk,
ramps, pedestrian improvements, signing and
striping. In addition, preliminary street and sidewalk
grades will be prepared to establish project grading
requirements. Proposed improvements will be
designed in accordance with the City’s current street
design standards and specifications. The proposed
improvements will be designed to minimize removals,
grading and earthwork.
For the drawings, we will prepare a title sheet,
construction notes sheet, demolition sheets,
plan/profile sheets, signing and striping sheets, and
necessary detail sheets.
The title sheet shall include the title of the job, a
vicinity map showing the City in relationship to
surrounding communities, a location map showing
the project limits, a list of abbreviations used,
benchmark data, general notes, construction notes
and quantities, an index for the drawings, list of
utilities with phone numbers, and references on the
City’s standard title block.
The construction note sheet will show general
construction notes and project specific
requirements.
The demolition sheet will show existing improvement
demolition including limits of pavement removal, saw
cutting locations and limits and concrete cross gutters and curbs, if required. In addition, the plan will
specify relocation of private improvements such as
mailboxes fences, drive approaches, etc. as required.
Plan sheets will show proposed improvements at
1”=40’ scale including curb and gutter, sidewalk,
ramps, driveways, pavement limits, existing utility
relocations, water service relocations, and manhole,
valve, and vault cover grade adjustments. For the
profile portion of the drawings, we will show existing
and proposed pavement elevations at centerline top
of curb and centerline with appropriate design data.
The construction details will include connections and
ADA ramp or RRFB details, all at appropriate drawing
scales.
The signing and striping sheets will include all
required pavement markings, lane stripes and signage
in accordance with the MUTCD, California
supplement and all other applicable City
requirements, for the project limits. The sheets will
be prepared at 1”=40’ scale and include full
geometrical layouts at each intersection.
For the specifications, we will amend the City
Standards Technical Provisions as required for the
projects. The construction specifications will be
prepared in Microsoft Word (current version) format
in accordance with City standards.
In addition, we will prepare quantity estimates for all proposed improvements prepared using an excel
spreadsheet showing an itemized construction cost
breakdown. Descriptions of work, unit prices, and
quantities will be included in the spreadsheet.
Deliverables: 60% Design Sheets
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RFP 25-101 | Design Services for the Pedestrian Crossing Upgrades at 19 Intersections Throughout the City of Banning
City of Banning
SECTION A | UNDERSTANDING AND APPROACH
– 60% DESIGN REVIEW MEETING
After the City has completed its review, we will meet
with City staff to acquire Staff’s comments.
Deliverables: Meeting Agenda, Minutes and Final
Design Approval
– 90% DESIGN
90% design will include incorporation of City
comments, final street design and signing and striping
plans. We will verify that the project will comply with ADA design requirements and that adequate drainage
will be achieved.
90% Design will be submitted with a project summary
memorandum together with updated project
specifications and estimates.
Deliverables: 90% Design Sheets
– 90% DESIGN REVIEW MEETING
After the City has completed its review, we will meet
with City staff to acquire Staff’s comments.
Deliverables: Meeting Agenda, Minutes and Final
Design Approval
– 100% DESIGN
100% design will include incorporation of City
comments, final plans, specifications, and estimates,
ready for public bidding. Final documents will include
mylars and hard copy specifications with signatures
and electronic copies of final documents.
100% Design will be submitted with a project
summary memorandum together with an updated
project schedule, additional stakeholder meeting
summary, and internal plan review documentation.
Deliverables: One (1) Full-Size Mylar of 100%
Drawings; Hard Copy of Specifications and Estimate,
Electronic Files of Final Plans (AutoCAD 2021),
Specifications and Estimate
T ASK 4 . S PECIFICATIONS AND C OST
E STIMATES
TKE will prepare a complete set of technical
specifications based on the City’s general and special
provisions and Standard Specifications for Public
Works Construction (“Greenbook”). We will also
prepare cost estimates based on construction bid
items and quantities from the 90% and final design
plans. A detailed breakdown of each lump sum item
will be provided for comparison with other similar
projects, which will include adequate contingencies
to account for the unpredictability of materials costs.
Deliverables: Final specs (Word Document) and Cost
Estimates (Excel), Electronic Versions of Each
Submittal
T ASK 5 . B IDDING /C ONSTRUCTION
S UPPORT
TKE will provide the following:
• Respond to Requests for Information (RFIs)
during the project advertisement period, and
log questions and responses.
• Prepare project addenda at the direction of
the City
• Attend the pre-bid and pre-construction
meetings.
• Review shop drawings and submittals
provided by the Contractor to ensure
compliance with the contract plans and
specifications, and then issue
recommendations for acceptance, rejection,
or revision within a reasonable timeframe
following receipt.
• Provide engineering design services (upon
written authorization from the City) for
revisions to construction documents resulting
from changed or unforeseen conditions, or
other change order work required due to
actions of the City (assuming a minimum of 3
site visits).
• Upon completion of the project, use
information based on redlined information
provided by the Contractor and the City to
prepare as-built plans to be submitted to the
City within one month of receipt of as-built
redlines.
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SECTION A | UNDERSTANDING AND APPROACH
Deliverables: Meeting Attendance, Response to
Bidder’s/Contractor’s RFIs, Addenda, Submittal
Reviews, As-Built Plans
CLIENT SATISFACTION
TKE is committed to meeting the City’s deadlines as
they are crucial for several reasons, including:
Client Satisfaction: Our focus on meeting deadlines
ensures that the City is satisfied. Timely completion
reflects professionalism and reliability, enhancing
trust between the City and TKE.
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 PS&E packages. High
quality design yields the following tangible results:
• Ease of oversight
• Smoother processing
• Healthy number of bidders
• Consistent bids
• Minimized construction support cost
• Absence of design-related change orders
• Reduced claims and dispute resolution costs
TKE believes that the most successful quality
assurance program is one that is applied inherently
throughout the entire design process and all design
activities. This program requires not only formal
procedures for checking, but encourages the
conscientious effort of experienced people to always
“create quality” in every task performed throughout
the design process.
This program has become a natural element in all
aspects of TKE’s design and management activities,
and will guide our work on this contract:
• Staff training and development
• Assignment of experienced staff
• Continuity of staffing
• Project-specific work plan
• Schedule compliance
• Comprehensive field review and compilation
of site data
• Established design procedures
• Established detailing standards
• Established checking procedures, including
independent in-house QA/QC review
• Dual (independent) quantity estimates
• Review by Constructability expert
This Quality Assurance/Quality Control program is in
place to ensure that PS&E documents prepared by
TKE continue to exceed the standards of our clients
and that we will deliver the project on schedule and
within budget.
Contractual Obligations: Often, contracts include
penalties for delays. In addition, grant funding
typically has strict expenditure deadlines. Meeting
deadlines ensures compliance with these
agreements, avoiding legal issues and financial
penalties for both the City and the Contractor.
Risk Management: TKE understands that delays can
introduce various risks, including weather-related
setbacks, resource shortages, or unforeseen
complications. TKE’s goal on every construction
project is to mitigate these risks by maintaining a
structured and controlled project timeline.
Safety: Rushing work due to delays can compromise
safety standards, something both the City and TKE will
not tolerate on any construction project. Meeting
deadlines allows for adequate planning and
execution, ensuring proper safety protocols are
followed.
TKE’s attention to meeting project deadlines is not
merely about completing tasks on time; it's about
maintaining efficiency and cost-effectiveness, all with a focus on safety and client satisfaction.
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Exhibit “A” - 8
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. 323
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.
324
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___________________________ 325
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.
326
Exhibit “C”-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the following rates as attached as Exhibit C-1.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 327
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
328
Exhibit “D”- 1
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.
329
Exhibit “D-1”- 1
EXHIBIT “D-1”
PROPOSED PROJECT SCHEDULE
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CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Arturo Vela, Interim City Manager
PREPARED BY: Patrick Safari, Capital Improvement Projects Manager Nathan Smith, Deputy Director of Public Works/City Engineer MEETING DATE: October 14, 2025
SUBJECT: Consideration of Resolution 2025-141, Awarding a Construction Contract for Project No. 2023-04 Rectangular Rapid Flashing Beacon at the Intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street, to All American Building Services in the amount of $592,850 and Approving a 10% Contingency for a Total Budget of “Notto-Exceed” $652,135 RECOMMENDATION:
Adopt Resolution 2025-141.
BACKGROUND:
Based on collision data obtained from the UC Berkeley Transportation Injury Mapping System (TIMS) and existing site conditions, City staff determined that there are pedestrian safety concerns at the unsignalized intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street.
The data indicated a total of 34 pedestrian or bicycle collisions in a 3-year period. The intersection of Ramsey Street and 16th Street is part of a segment of Ramsey Street that includes four traffic lanes of divided roadway with painted median and a speed limit of 40 miles per hour. The intersections of Ramsey Street and 6th Street, 2nd Street and Martin Street are part of a segment of Ramsey Street that includes two traffic lanes and a speed limit of 25 miles per hour.
On October 12, 2021, under Resolution 2021-91, the City Council approved Master Agreement 08- 5214S21 and a corresponding Program Supplement Agreement No. HSIPL-5214(014). The agreements authorized the City of Banning to start the Preliminary Engineering (PE) phase.
On March 14, 2023, the City Council approved Resolution 2023-46 awarding a Professional Services Agreement for the Design of Rectangular Rapid Flashing Beacon (RRFB) at the Intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street to STC Traffic, Inc. in the amount of $64,780.
On August 8, 2025, staff released an Invitation for Bids (IFB) for Project No. 2023-04 Rectangular Rapid Flashing Beacon (RRFB) at the Intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street on the City’s public bidding platform. The bids were due on September 18, 2025. In response to the IFB, three (3) bids were received from the following consultants:
Contractor Amount
1) Demo Leaders, Inc. $483,386
2) All American Building Services $592,850
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3) Calmex Engineering, Inc. $782,620
Demo Leaders, Inc., the lowest bidder, was disqualified due to failure to submit the bid bond by the required deadline. A bid bond is a crucial requirement in the procurement process, ensuring that the bidder is serious and will honor their bid if selected. Failing to submit it on time typically leads to automatic disqualification of the bid as it is often a mandatory condition for bid validity.
Demo Leaders, Inc. additive alternate bid for slurry seal at a cost of $351,000 was disproportionately higher than the rest of the twenty-four (24) bid items combined at a cost of $132,386. This inconsistency creates ambiguity regarding the actual proposed cost and calls into question the reliability of the total bid price.
For the reason's mentioned above, All American Building Services is considered the lowest responsive and responsible bidder.
JUSTIFICATION:
The Project will improve safety of the unsignalized intersections of Ramsey Street and 2nd Street, 6th Street, 16th Street and Martin Street by installing RRFB devices which will enhance pedestrian visibility and driver awareness. The RRFB is applicable to many types of pedestrian crossings, but it is particularly effective at multilane roadway crossings such as Ramsey Street with speed limits equal or less than 40 miles per hour. The project will also include the design of ADA compliant pedestrian curb ramps, streetlights, signage and pedestrian crosswalk striping at each intersection.
Staff evaluated the bid 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 Construction Contract to All American Building Services in the amount of $592,850.
FISCAL IMPACT:
Staff recommends awarding an agreement to All American Building Services, Inc. in the amount of $592,850 and approving a 10% contingency in the amount of $59,285 for a total “not-to-exceed” project budget of $652,135.
The project costs are eligible and expected to be partially reimbursed through the State of California Department of Transportation Cycle 10 Highway Safety Improvement Program (HSIP). Measure A and SB1 revenue will also be used as shown below:
Funding Source Amount
Caltrans HSIP Funds $185,220
Measure “A” (Sales Tax) $275,000
SB1 (Gas Tax) $191,915
Total $652,135
The project shall be funded through the following expenditure accounts:
Account No. Amount
101-4900-431.93-16 (Street Improvements – Measure “A”) $460,220 102-4904-431.93-15 (Street Improvements – SB1) $191,915 The City of Banning will receive monthly HSIP funds reimbursements from the State of California. An appropriation for the total "not-to-exceed" amount is required in the accounts listed above.
ALTERNATIVES:
Do not approve Resolution 2025-141 and provide alternative direction to staff. 332
BUDGETED?:
Yes
CONTRACT/AGREEMENT:
Yes
ATTACHMENTS:
1. Resolution 2025-141.docx
2. Resolution 2023-046.pdf
3. Resolution 2021-91.pdf
4. All American Building_Cost Proposal.pdf
5. C01205 PWC - Construction of the Ramsey Street Pedestrian Crosswalks.docx
6. Caltrans_HSIP_Finance_Letter.docx
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Resolution 2025-141