Agenda packet, regular meeting, third session — Banning City Council, June 25, 2024 (part 7 of 9)

significant environmental effects and are not necessary to mitigate an avoidable significant effect.
(4) New information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration.

Responses to the comments to the IS/MND contained herein do not meet any of the circumstances in Section 15073.5(b); therefore, recirculation of the IS/MND would not be required.

2. RESPONSES TO COMMENTS
The agencies, organizations, and individuals that provided substantive written comments on the environmental issues addressed within the IS/MND are listed in Table 1. Although CEQA (California Public Resources Code, Section 21000 et seq.) and the State CEQA Guidelines (14 CCR 15000 et seq.) do not explicitly require a lead agency to provide written responses to comments received on a proposed IS/MND, the lead agency may do so voluntarily. A copy of each letter with bracketed comment numbers on the right margin is followed by the response for each comment as indexed in the letter as needed. Comment letters and specific comments are given letters and numbers for reference purposes.

Table 1 – Organizations, Persons, and Public Agencies that Commented on the IS/MND Comment Letter Commenting Organization, Person, or Public Agency Date A California Highway Patrol (CHP) May 23, 2024
1115
Initial Study/Mitigated Negative Declaration - Response to Comments May 2024 Brown Strauss Industrial Project – Design Review No. 23-7008

Page 3 ends

a) Comment Letter A – California Highway Patrol
1116
From: Rusk, Steven@CHP
To: CHP-EIR; [email protected]; Kelly Ribuffo; [email protected]; [email protected] Cc: Long, Kevin@CHP; Abrahams, Kristen@CHP; Harris, Dejuan@CHP; Campa, Gilbert@CHP Subject: RE: Environmental Document Review – SCH # 2024041145 – Due to Lead Agency by 5/28/2024 Date: Thursday, May 23, 2024 9:54:01 AM
Good morning,
The California Highway Patrol (CHP) San Gorgonio Pass Area recently received a “Notice of Completion” environmental impact document regarding the Brown Strauss Industrial project, State Clearinghouse (SCH) #2024041145. The CHP is the primary agency that provides traffic law enforcement, safety, and traffic management on Interstate 10 through Banning and State Route 243 south of Banning. The San Gorgonio Pass Area is responsible for these functions and will be affected by the implementation of this project if the following is not addressed:

The 8th Street and 22nd Street off-ramps from Interstate 10 have single exit lanes and are relatively short in length. The potential routine addition of tractor-trailer combination vehicles in the exit lanes could cause traffic to overflow back onto the through-traffic lanes of the freeway. This traffic could pose potentially dangerous and unsafe driving conditions for the motoring public. This additional tractor-trailer combination vehicle traffic could also increase response times for emergency requests on State Route 243 in the Banning and Idyllwild area.

If you have any questions regarding this letter and our comments, please contact Lieutenant S.

Rusk at (951) 846-5300.

Steven Rusk, Lieutenant
California Highway Patrol – San Gorgonio Pass Area
195 Highland Springs Ave.

Beaumont, CA 92223
(951) 846-5300
From: CHP-EIR <[email protected]>
Sent: Tuesday, May 14, 2024 8:20 AM
To: Harris, Dejuan@CHP <[email protected]>; Rusk, Steven@CHP <[email protected]>; Campa, Gilbert@CHP <[email protected]>
Cc: Long, Kevin@CHP <[email protected]>; Abrahams, Kristen@CHP <[email protected]>
Subject: Environmental Document Review – SCH # 2024041145 – Due to Lead Agency by 5/28/2024 Good afternoon,
Special Projects Section (SPS) recently received the referenced Notice of Environmental Impact document from the State Clearinghouse (SCH) outlined in the following Web site:

Brown Strauss Industrial Project (ca.gov)
1117
Due to the project’s geographical proximity, please use the attached checklist to assess its potential impact to local operations and public safety. If impact is determined, responses should be e-mailed directly to the Lead Agency with cc to SCH and myself. If there is no impact, please do not include SCH or the Lead Agency in your response.

For more information on the EIR review process, please check out: Power Point Commanders EIR Training.pptx (sharepoint.com).

Please feel free to e-mail me if you have any questions.

Thank you,
Kristen Abrahams (Lange), AGPA
Special Projects Section, Transportation Planning Unit
CHP Headquarters
601 N. 7th Street
Sacramento, CA 95811
Office: (916) 843-3370
Direct: (916) 843-3386
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Initial Study/Mitigated Negative Declaration - Response to Comments May 2024 Brown Strauss Industrial Project – Design Review No. 23-7008

Page 6 ends

Response to Comment Letter A – California Highway Patrol (CHP) The comment is acknowledged.

Traffic analysis and trip generation are discussed in detail in Section 4.17, Transportation of the Draft IS/MND. The Traffic Impact Analysis (TIA) for the Proposed Project is included as Appendix J of said document. Trip generation for the Proposed Project was based on measured trip counts over a three-day period at the existing Brown Strauss Steel facility in the City of Fontana. As shown in Table 2 – Project Trip Generation of the TIA (Page 22), the existing facility was observed to generate an average total of 92 truck trips per day, including nine (9) inbound truck trips during the AM peak hour and four (4) inbound truck trips during the PM peak hour.

To provide a conservative assessment, trip generation of the existing Fontana facility was applied to the Proposed Project even though the Project Site (14.92 gross acres) is substantially smaller in size than the existing site in Fontana (23 acres). Of the total truck trip generation, truck access to the Project Site is forecast to be divided between the I-10 off-ramps at 22nd Street and 8th Street (see Figure 15 of the TIA), such that no individual off-ramp would experience more than 60% of the project-generated truck trips, or approximately six (6) trucks using the I-10 EB OffRamp at 22nd Street during the AM peak hour. Spread over one hour, this would equate to approximately one project-related truck trip every ten minutes and would have a nominal impact on off-ramp queuing.

Furthermore, the Proposed Project involves a General Plan Amendment. As shown in Table 7 of the Project TIA (Page 46), the proposed General Plan Amendment is forecast to generate substantially fewer trips than buildout of the site per the current General Plan land use designation of Commercial. Therefore, the Proposed Project would reduce potential impacts to I-10 interchanges at 22nd Street and 8th Street in the long run based on the existing General Plan traffic analysis.

This comment does not question the content or conclusions of the IS/MND. No additional response is required.
1119
Initial Study/Mitigated Negative Declaration - Response to Comments May 2024 Brown Strauss Industrial Project – Design Review No. 23-7008

Page 7 ends

3. REVISIONS TO THE IS/MND
No revisions to the Draft IS/MND are required to address the comments received during the public review period.
1120
A0.1 COVER SHEET 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 www.vertreesae.com Vertrees A&E shall retain all common law statutory and other reserved rights, including the copyright for this document including represented designs and specifications. Contractor: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 Proposed: For: Project Address: VAE Project No. PLOT STATION: Plot Date 09/07/2023 1246 9/7/2023 9:47 AM JOE VERTREES 1246 2495 URAVAN STREET AURORA, CO 80011 BROWN STRAUSS BANNING FACILITY 1431 W LINCOLN ST BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 BANNING PAC22-14 CURRENT CODES IN EFFECT: OWNER: BROWN STRAUSS, INC. 2495 URAVAN STREET AURORA, CO 80011 P (303) 576-6213 CONTACT: RYAN SECRIST ARCHITECT & STRUCTURAL ENGINEER: VERTREES A&E 532 EAST LAMBERT ROAD BREA, CA 92821 P (714) 255-9645 CONTACT: JOE VERTREES, P.E., AIA PLANNING & ENVIRONMENTAL SAGECREST 27128 PASEO ESPADA SAN JUAN CAPISTRANO, CA 92675 P (352) 262-6323 CONTACT: KELLY RIBUFFO MECHANICAL & PLUMBING: NAME ADDRESS CITY, STATE ZIP P (000) 000-0000 CONTACT: -- CIVIL: JOSEPH E. BONADIMAN & ASSOC. INC. 234 N ARROWHEAD AVE. SAN BERNARDINO, CA 92804-1721 P (909) 885-3806 CONTACT: J.T. STANTON, P.E. LANDSPACE: ROYAL OAK DESIGN 10252 GOLDEN YARROW LANE ALTA LOMA, CA 91701 P (909) 244-9667 CONTACT: SYLVIA E. LYONS CONTRACTOR: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 P (562) 595-4687 CONTACT: GREG DARLING LEGAL DESCRIPTION RIVERSIDE COUNTY, APN: 540-180-020, 540-180-026, AND 540-180-022 PARCEL 1: THE WESTERLY 198.00 FEET OF BLOCK 273 OF LANDS OF THE BANNING LAND COMPANY, IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 9, PAGE 44 OF MAPS, SAN BERNARDINO COUNTY RECORDS. EXCEPT THAT PORTION IN THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, ACQUIRED BY UNITED STATES CONGRESSIONAL GRANT. PARCEL 2: BLOCK 274 OF LANDS OF THE BANNING LAND COMPANY, IN THE CITY OF BANNING, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 44 OF MAPS, SAN BERNARDINO COUNTY RECORDS. EXCEPT THAT PORTION IN THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, ACQUIRED BY UNITED STATES CONGRESSIONAL GRANT. PARCEL 3: THE EAST ONE-HALF LOT 0F 285 IN BANNING, AS SHOWN BY A CERTAIN MAP ENTITLED “AMENDED MAP OF BANNING LAND CO., AS PER MAP RECORDED IN BOOK 9, PAGE 44 OF MAPS, RECORDS OF SAN BERNARDINO, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION IN THE RIGHT OF WAY ACQUIRED BY THE UNITED STATES CONGRESSIONAL GRANT. GENERAL PLAN LAND USE & ZONING EXISTING : I - INDUSTRIAL, & GC - GENERAL COMMERCIAL PROPOSED: I - INDUSTRIAL BANNING AIRPORT COMPATIBILITY ZONE: NOT IN AN AIRPORT COMPATIBILITY ZONE. FIRE HAZARD ZONE: NOT IN A FIRE HAZARD ZONE FIRE RESPONSABILITY AREA: NOT IN A FIRE RESPONSIBILITY AREA PROJECT DESCRIPTION NEW 1-STORY OFFICE , STEEL TUBE STORAGE WAREHOUSE SF, TWO STEEL CUTTING SHEDS. AND ASSOCIATED SITE IMPROVEMENTS VICINITY MAP AERIAL VIEW PROJECT DATA SHEET INDEX CODE DATA OCCUPANCY: S1, F1, B CONSTRUCTION TYPE:IIB BUILDING HEIGHT: 36'-6" MAX SPRINKLERED: FULLY SPRINKLERED ALLOWABLE AREA: UNLIMITED (60' SIDE YARDS) PROPOSED BLDG AREA: WAREHOUSE: 42,510 SF MANUFACTURING: 1,000 SF OFFICE: 3,434 SF TOTAL: 46,944 SF LOT AREA: GROSS AREA: 687,683 SF / 15.79 ACRES NET AREA: 621,431 SF / 14.27 ACRES DISTURBANCE AREA: 687,683 SF / 15.79 ACRES FLOOR AREA RATIO: 0.0683 (6.83 %) CONCRETE/ASPHALT417,491 SF / 9.59 ACRES GRAVEL 92,982 SF / 2.13 ACRES LANDSCAPING 64,504 SF / 1.48 ACRES PARKING LOT 13,562 SF / 0.31 ACRES ARCHITECTURAL A0.1 COVER SHEET A1.1 ARCHITECTURAL SITE PLAN A2.1 PARTIAL FLOOR PLAN - EAST A2.2 PARTIAL FLOOR PLAN - WEST A3.1 ENLARGED FLOOR PLAN - OFFICE A5.1 ROOF PLAN A6.1 BUILDING ELEVATIONS A6.2 SITE WALL ELEVATIONS A6.3 RENDERINGS CIVIL PLANS C0.01PRELIM. SITE GRADING PLAN LANDSCAPE L-1 CONCEPTUAL LANDSCAPE PLAN SITE N N PROPOSED BROWN STRAUSS STEEL FACILITY 1431 WEST LINCOLN STREET, BANNING, CA 92220 SITE 1121
2 8 8 8 8 EV CAPABLE TRUCK ENTRY ONLY TRUCK EXIT ONLY

MONUMENT INFEED CONVEYOR OUTFEED CONVEYOR OUTFEED CONVEYOR INFEED CONVEYOR TRUCK EXIT ONLY WEST LINCOLN STREET S. 12TH
STREET
(N) TRASH ENCLOSURE 6" WAREHOUSE S-1 OCCUPANCY TYPE II-N CONST. OFFICE B OCCUPANCY TYPE II-N CONST. MFG. F-1 OCC TYPE II-N MFG. F-1 OCC TYPE II-N EV CAPABLE SOUTHERN PACIFIC RAILROAD ℄ ℄ 2 8 8 8 8 EV CAPABLE TRUCK ENTRY ONLY TRUCK EXIT ONLY

MONUMENT
(N) TRASH ENCLOSURE 6" EV CAPABLE SITE PLAN 1 PARKING ANALYSIS REQUIRED PARKING SPACES TOTAL REQUIRED VEHICLE PARKING SPACES PROVIDED PARKING TOTAL PROVIDED PARKING SPACES LOADING SPACES TOTAL PROVIDED LOADING SPACES A1.1 SITE PLAN 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 www.vertreesae.com Vertrees A&E shall retain all common law statutory and other reserved rights, including the copyright for this document including represented designs and specifications. Contractor: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 Proposed: For: Project Address: VAE Project No. PLOT STATION: Plot Date 09/07/2023 1246 9/7/2023 9:52 AM JOE VERTREES 1246 2495 URAVAN STREET AURORA, CO 80011 BROWN STRAUSS BANNING FACILITY 1431 W LINCOLN ST BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 BANNING PAC22-14 NOTES N ENLARGED SITE PLAN - PARKING LOT 2 KEYNOTES LEGEND WEST LINCOLN STREET N 1122
OUTFEED CONVEYOR INFEED CONVEYOR A2.1 PARTIAL FLOOR PLAN 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 www.vertreesae.com Vertrees A&E shall retain all common law statutory and other reserved rights, including the copyright for this document including represented designs and specifications. Contractor: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 Proposed: For: Project Address: VAE Project No. PLOT STATION: Plot Date 09/06/2023 1246 9/6/2023 5:53 PM JOE VERTREES 1246 2495 URAVAN STREET AURORA, CO 80011 BROWN STRAUSS BANNING FACILITY 1431 W LINCOLN ST BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 PARTIAL FLOOR PLAN - EAST 1 KEYNOTES LEGEND N BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 BANNING PAC22-14 1123
INFEED CONVEYOR A2.2 PARTIAL FLOOR PLAN 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 www.vertreesae.com Vertrees A&E shall retain all common law statutory and other reserved rights, including the copyright for this document including represented designs and specifications. Contractor: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 Proposed: For: Project Address: VAE Project No. PLOT STATION: Plot Date 09/06/2023 1246 9/6/2023 5:53 PM JOE VERTREES 1246 2495 URAVAN STREET AURORA, CO 80011 BROWN STRAUSS BANNING FACILITY 1431 W LINCOLN ST BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 PARTIAL FLOOR PLAN - WEST 1 KEYNOTES N LEGEND BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 BANNING PAC22-14 1124
A3.1 ENLARGED FLOOR PLAN 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 www.vertreesae.com Vertrees A&E shall retain all common law statutory and other reserved rights, including the copyright for this document including represented designs and specifications. Contractor: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 Proposed: For: Project Address: VAE Project No. PLOT STATION: Plot Date 09/06/2023 1246 9/6/2023 5:51 PM JOE VERTREES 1246 2495 URAVAN STREET AURORA, CO 80011 BROWN STRAUSS BANNING FACILITY 1431 W LINCOLN ST BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 ENLARGED FLOOR PLAN - OFFICE 1 KEYNOTES N LEGEND BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 BANNING PAC22-14 1125
532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 www.vertreesae.com Vertrees A&E shall retain all common law statutory and other reserved rights, including the copyright for this document including represented designs and specifications. Contractor: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 Proposed: For: Project Address: VAE Project No. PLOT STATION: Plot Date 09/06/2023 1246 9/6/2023 5:49 PM JOE VERTREES 1246 2495 URAVAN STREET AURORA, CO 80011 BROWN STRAUSS BANNING FACILITY 1431 W LINCOLN ST BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 A5.1 ROOF PLAN ROOF PLAN 1 N KEYNOTES ENLARGED PLAN AT OFFICE ROOF AND CANOPY 4 ENLARGED PLAN AT ROOF AND CANOPY 3 ENLARGED PLAN AT ROOF CORNER 2 BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 BANNING PAC22-14 1126
1431 A6.1 ELEVATIONS 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 www.vertreesae.com Vertrees A&E shall retain all common law statutory and other reserved rights, including the copyright for this document including represented designs and specifications. Contractor: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 Proposed: For: Project Address: VAE Project No. PLOT STATION: Plot Date 09/06/2023 1246 9/6/2023 5:48 PM JOE VERTREES 1246 2495 URAVAN STREET AURORA, CO 80011 BROWN STRAUSS BANNING FACILITY 1431 W LINCOLN ST BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 WEST ELEVATION KEYNOTES 21 34 SOUTH ELEVATION EAST ELEVATION NORTH ELEVATION -- MATERIAL LEGEND M-02 M-01 M-03 M-04 M-05 M-07 M-06 M-08 M-09 M-04 M-07 M-02 M-08 M-09 M-02 M-02 M-06 M-02 M-05 M-06 M-07 M-01 M-02 M-06 M-01 M-02 M-10 M-10 M-02 M-10M-04 M-05 M-06 M-05 M-06 M-05 M-07 M-03 M-08 M-09 M-06 M-04 M-04 M-01 M-07 M-01 M-08 M-09 M-02 M-06 M-10 M-02 M-06 M-06 M-06 M-07 M-06 M-02 M-01 M-01 M-01 M-10 M-10 M-10 M-07 M-07 M-07 M-02 M-04 M-03 M-11 M-03 M-11 M-03 M-11 M-11 BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 BANNING PAC22-14 1127

MATCH LINE

MATCH LINE
MATCH LINE A6.2 SITE WALL ELEVATIONS 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 www.vertreesae.com Vertrees A&E shall retain all common law statutory and other reserved rights, including the copyright for this document including represented designs and specifications. Contractor: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 Proposed: For: Project Address: VAE Project No. PLOT STATION: Plot Date 09/06/2023 1246 9/6/2023 5:47 PM JOE VERTREES 1246 2495 URAVAN STREET AURORA, CO 80011 BROWN STRAUSS BANNING FACILITY 1431 W LINCOLN ST BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 KEYNOTES 32 ELEVATION AT SOUTH SITE/SCREEN WALL ELEVATION AT SOUTH SITE/SCREEN WALL -- MATERIAL LEGEND M-11 M-12 M-11 M-12 M-12 M-11 M-12 M-12 M-12 M-11 M-12 M-11 M-12 M-12 ELEVATION AT SOUTH SITE/SCREEN WALL 1 M-11 M-12 M-12 RENDERING AT LINCOLN ST. 4 BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 BANNING PAC22-14 1128
A6.3 RENDERINGS 532 East Lambert Road Brea, CA 92821 tel. 714.255.9645 www.vertreesae.com Vertrees A&E shall retain all common law statutory and other reserved rights, including the copyright for this document including represented designs and specifications. Contractor: BREMCO CONSTRUCTION, INC. 3470 E SPRING ST. LONG BEACH, CA 90806 Proposed: For: Project Address: VAE Project No. PLOT STATION: Plot Date 09/06/2023 1246 9/6/2023 5:46 PM JOE VERTREES 1246 2495 URAVAN STREET AURORA, CO 80011 BROWN STRAUSS BANNING FACILITY 1431 W LINCOLN ST BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 RENDERING 6 RENDERING 3 RENDERING 4 RENDERING 1 RENDERING 5 RENDERING 2 BANNING, CA 92220 APN: 540-180-020, 540-180-026, 540-180-022 BANNING PAC22-14 1129
§¨¦ §¨¦10 10

WILLIAMS ST

JEFFERSON ST
A
DA
M
S
A
VE

LINCOLN ST LINCOLN ST
6 TH
S
T

MONROE ST

LIVINGS

BERGE AVE
8 TH
S
T
12 TH
7 TH
S
T
AVE
12 TH
S
T

HAYS ST
16 TH
S
T
5 TH
S

FASHION WAY

HAYS ST

BARBOUR ST

RAMSEY ST

PROJECT

LOCATION

UNION PACIFIC RAILROAD
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community ADDRESSES/APN's: 1219 and 1431 W. Lincoln Street/540-180-020, 540-180-022, 540-180-026 ZONES: Industrial (I) and General Commercial (GC)

CITY OF BANNING
µ 0 100 200 300 400
Feet

AERIAL BASE MAP
5/25/2023
PROJECT NUMBERS: DR 23-7008, ENV 23-1506, GPA 23-2502, ZC 23-3502 and TPM 23-4002 (TPM 38659) 1130
§¨¦ §¨¦10 10

WILLIAMS ST

JEFFERSON ST
A
DA
M
S
A
VE

LINCOLN ST LINCOLN ST
6 TH
S
T

MONROE ST
LIVIN

ROBERGE AVE
8 TH
S
T
12 TH
7 TH
S
T
AVE
12 TH
S
T

HAYS ST
16 TH
S
T
5 TH
S

FASHION WAY

HAYS ST

BARBOUR ST

RAMSEY ST

PROJECT

LOCATION

UNION PACIFIC RAILROAD
Smith Creek
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community ADDRESSES/APN's: 1219 and 1431 W. Lincoln Street/540-180-020, 540-180-022, 540-180-026 ZONES: Industrial (I) and General Commercial (GC)

CITY OF BANNING
µ 0 100 200 300 400
Feet

DEVELOPMENT OPPORTUNITIES
5/25/2023
PROJECT NUMBERS: DR 23-7008, ENV 23-1506, GPA 23-2502, ZC 23-3502 and TPM 23-4002 (TPM 38659) Legend
California Geological Survey
Liquefaction Hazard Zone
FEMA 0.2% (500-Year) Annual
Chance Flood Hazard
USGS Blue Line Streams
No Western Riverside County Multiple Species
Habitat Conservation Plan (MSHCP) Criteria
Cells within 1.7 miles of the project location.

No CalFire Fire Hazard Severity Zones within
3/4 mile of the project location.

No California Department of Conservation
Earthquake Fault Zones within 3/4 mile of
the project location.

No FEMA 1% (100-Year) Annual Chance Flood
Hazard Areas withing 0.85 mile of the project
location. 1131

WILLIAMS ST

JEFFERSON ST
A
DA
M
S
A
VE

LINCOLN ST LINCOLN ST
6 TH
S
T

MONROE ST

LIVINGS

BERGE AVE
8 TH
S
T
12 TH
7 TH
S
T
AVE
12 TH
S
T

HAYS ST
16 TH
S
T
5 TH
S

FASHION WAY

HAYS ST

BARBOUR ST

RAMSEY ST

PROJECT

LOCATION
5 4
0-18
0-0
2 2
5 4
0-18
0-0
2 0
540-180-026

UNION PACIFIC RAILROAD
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294
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2217
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229
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1964
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151
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269
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478
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2010
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555
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725 575
1145
730
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600
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747 746
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1094
898
1064
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857
855
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1381
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687
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292
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1024
55 887
122 145
454
1434 1118
1470
1425
1320
977
1585
1231
771
266
244
543
14391479
1559
289
1351
1385
1219
1072 1143
806
572
134
670
610
576
663
248
1021
1110
160
1152
157
102
640
530
111
477
575
62 200
1522
644
785
519537
89 1330
579
962
649
649
1184
1476
1356
595
734
756
621
682
500
1510
1426
1384
1362
930
1081
1038
988
1115
15641504 1523
681
743 1425
714
1027
726
750
921
412
714
757
276
254
485
638
526
611
748 757
539
751
552
718
676
695
696
506
472
729
666644
1447
625
534
1318
1359
1596
158
116
568
508
155
141
501
521
553
617
647
80 1240 730
670
63 583
1574
640
745
731
580562
633673
703
665
754
1293
1337
265
303
19951967
1922
17371761
1840
1979
101
98 1820
2120
2019
1715
167616401626
1558
14781438
1418
1517
267
286
1190
1072
1137
1070
820
1107
993
923 914
1088
81 1169
1035
1444
1238
137
1529
1435
1481
242
283
627
282
108
680 142
660
596
711
1589
646 53
1184
748 683
660
620
479
747 744
603
501479
594570
1490
14711489
15741554
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community ADDRESSES/APN's: 1219 and 1431 W. Lincoln Street/540-180-020, 540-180-022, 540-180-026 ZONES: Industrial (I) and General Commercial (GC)

CITY OF BANNING
µ 0 100 200 300 400 500
Feet

PROJECT VICINITY
5/25/2023
PROJECT NUMBERS: DR 23-7008, ENV 23-1506, GPA 23-2502, ZC 23-3502 and TPM 23-4002 (TPM 38659) 1132
§¨¦ §¨¦10 10
Public Facilities -
Railroad/Interstate
Medium Density
Residential
(0-10 du/ac)
Medium
Density
Residential
(0-10 du/ac)
M
o
bile
H
o
m
e
P
ark
s
Mobile
Home
Parks
Mobile Home Parks
Low Density
Residential
(0-5 du/ac)
General
Commercial Industrial
Business Park
Open Space
- Parks
Public
Facilities
- School
Low Density Residential
(0-5 du/ac)
ad/Interstate
Highway
Serving
Commercial
Industrial
General
Commercial
General
Commercial
Low Density Residential (0-5 du/ac)
Industrial
Medium Density ResidentiaL (0-10 du/ac)
Very Low Density
Residential
(0-2 du/ac)
Very Low
Density
Residential
(0-2 du/ac)

WILLIAMS ST

JEFFERSON ST
A
DA
M
S
A
VE

LINCOLN ST LINCOLN ST
6 TH
S
T

MONROE ST

LIVINGS

ERGE AVE
8 TH
S
T
12 TH
7 TH
S
T
VE
12 TH
S
T

HAYS ST
16 TH
S
T
5 TH
S

FASHION WAY

HAYS ST

BARBOUR ST

RAMSEY ST

PROJECT

LOCATION

UNION PACIFIC RAILROAD
ADDRESSES/APN's: 1219 and 1431 W. Lincoln Street/540-180-020, 540-180-022, 540-180-026 ZONES: Industrial (I) and General Commercial (GC)

CITY OF BANNING
µ 0 100 200 300 400
Feet

GENERAL PLAN/ZONING
5/25/2023
PROJECT NUMBERS: DR 23-7008, ENV 23-1506, GPA 23-2502, ZC 23-3502 and TPM 23-4002 (TPM 38659) 1133
Brown Strauss Industrial Project
Initial Study/Mitigated Negative Declaration
Figure 4: Proposed General Plan Designation/Zoning
Source: City of Banning/Sagecrest Not to Scale
PROJECT SITE Area of Proposed Zone Change to Industrial 1134
Brown Strauss Industrial Project
Initial Study/Mitigated Negative Declaration
Figure 1: Existing General Plan Designation/Zoning
Source: City of Banning/Sagecrest Not to Scale

PROJECT SITE
1135
1 Site Photo Survey
Project Name: Brown Strauss Industrial Project
Location: North side of West Lincoln Street between 8th and 16th Streets, Banning, CA 92220 APN: 540-180-020, -022, -026.

Site Visit 3/27/2023
= Location Standing for Photo
Photos 11-13
Photos 8-10
Photos 4-7, 14
Photo 1, 21-23
Photos 2-3, 24, 25
Photos 16, 17, 19, 20
Photo 15
Photo 18
1136
2 Photo #1: Driveway from Lincoln Street facing NE. Photo #2: Southwest corner of the property facing NE. 1137
3 Photo #3: South property line from the SW corner facing East. Photo #4: Inside of driveway fence facing SW. 1138
4 Photo #5: Standing inside of driveway facing NW Photo #6: Standing inside of driveway facing NE 1139
5 Photo #7: Standing inside of driveway fence facing SE. Photo #8: North Center of Driveway facing West. 1140
6 Photo #9: North center of driveway facing East. Photo #10: North center of driveway facing South. 1141
7 Photo #11: North property line on driveway facing West. Photo #12: North property line on driveway facing East 1142
8 Photo #13: North property line on driveway facing South Photo #14: Standing inside driveway fence facing East. Showing details in grade change. 1143
9 Photo #15: Intersection of South 16th and Lincoln Streets facing NE. Photo #16: Southeast corner facing NW. 1144
10 Photo #17: South property line from SE corner facing W. Photo #18: Transmission line from 1143 W Lincoln to Project Site facing West. 1145
11 Photo #19: SE corner looking toward east property line facing North 1146
12 Photo #20: 1143 West Lincoln Street entrance. Photo #21: Residential properties south of driveway entrance facing SE. 1147
13 Photo #22: Residential properties South of driveway entrances facing South. Photo #23: Residential properties South of driveway entrances facing SW. 1148
14 Photo #24: SW corner facing Southwest towards South 16th Street. Photo #25: West property line from SW corner facing North. 1149
EVCS EV EV EV EV EV EV TRUCK ENTRY ONLY TRUCK EXIT ONLY INFEED CONVEYOR OUTFEED CONVEYOR INFEED CONVEYOR OUTFEED CONVEYOR TRUCK EXIT ONLY EVCS W LINCOLN STREET CL RAILROAD RIGHT OF WAY CL PARCEL 1 651,546 A.C. (14.96 S.F.) GROSS 621,431 A.C. (14.27 S.F.) NET 1 1 CHECKED BY: JTS JOB NO: 225047 04-17-23 DISREGARD PRINTS BEARING EARLIER REVISION DATES DRAWN BY: SCALE: PREPARED FOR: JTS SHEET: 1" = 60' OF NO DESCRIPTION BY DATE REVISIONS APPROVED E S T . 1 9 4 1 ENGINEER PROJECT INFORMATION ARCHITECT VICINITY MAP CONSTRUCTION NOTES DRAINAGE NOTES OWNER STATEMENT PRELIMINARY SITE/GRADING PLAN IN THE CITY OF BANNING, CALIFORNIA BROWN STRAUSS - BANNING BREMCO CONSTRUCTION PRELIMINARY SITE/GRADING PLAN BROWN STRAUSS STEEL CITY OF BANNING, CA 92220 APN 540-180-020, 022, 026 PROJECT SITE 10 EARTHWORK ESTIMATE QUANTITIES: SOURCE OF TOPOGRAPHY: PROJECT AREAS: LEGEND: “ LEGAL DESCRIPTION OWNER/DEVELOPER 1150
WEST LINCOLN STREET CL RAILROAD CL PARCEL 1 APN: 540-180-020 PARCEL 3 APN: 540-180-022 PARCEL 2 APN: 540-180-026 EVCS EV EV EV EV EV EV TRUCK ENTRY ONLY TRUCK EXIT ONLY INFEED CONVEYOR OUTFEED CONVEYOR INFEED CONVEYOR OUTFEED CONVEYOR TRUCK EXIT ONLY EVCS PROPOSED DIESEL FUEL TANK 30" X 15" TRANSFORMER MONUMENT (N) TRASH ENCLOSURE PARKING LOT TREES 10 Olea europaea `Swan Hill` TM / Swan Hill Olive Ulmus parvifolia `True Green` / True Green Elm ON SITE ACCENT TREE 6 Acacia stenophylla / Shoestring Acacia Chilopsis linearis 'Burgundy' / Burgundy Desert Willow
Parkinsonia x `Desert Museum` / Desert Museum Palo Verde STREET TREE 24 Acacia stenophylla / Shoestring Acacia Quercus ilex / Holly Oak
Rhus lancea / African Sumac TALL SCREEN SHRUB 155 Callistemon citrinus `Jeffersii` / Bottlebrush Westringia fruticosa `Wynabbie Gem` / Wynabbie Gem Coast Rosemary MEDIUM SCREEN SHRUB 20 Leptospermum scoparium `Ruby Glow` / Red New Zealand Tea Tree Leucophyllum frutescens `Compacta` / Compact Texas Ranger LOW HEDGE SHRUB 45 Berberis thunbergii 'Atropurpurea' / Red Leaf Japanese Barberry Callistemon viminalis `Little John` / Dwarf Weeping Bottlebrush Leucophyllum frutescens 'Compacta' / Compact Texas Sage LARGE ACCENT SHRUB 79 Agave americana / Century Plant Caesalpinia gilliesii / Yellow Bird of Paradise ACCENT SHRUB 59 Aloe striata / Coral Aloe Baileya multiradiata / Desert Marigold
Calliandra x 'Lianca' / Sierra Starr® Fairy Duster
Hesperaloe parviflora 'Perpa' / Brakelights® Red Yucca GROUND COVER 3,735 sfLonicera japonica `Halliana` / Halls Honeysuckle Flowering Vine 1,726Myoporum parvifolium / Trailing MyoporumRosmarinus officinalis `Huntington Carpet` / Huntington Carpet Rosemary 971 DECOMPOSED GRANITE 9,054 sf --SLOPE GROUND COVER 44,077 sf Acacia redolens `Desert Carpet` TM / Bank Catclaw 5,090 Baccharis x `Centennial` / Centennial Coyote Brush 11,452 CONCEPTUAL PLANT SCHEDULE CONCEPTUAL L-1

ROYAL OAK DESIGN

SHEET TITLE

PROJECT INFORMATION

LANDSCAPE PLAN

CONCEPTUAL LANDSCAPE PLAN
BROWN STRAUSS STEEL VICINITY MAP PROJECT SITE 10 PROJECT AREAS: WATER EFFICIENT LANDSCAPE WORKSHEET BANNING, CA Reference Evapotranspiration (ETo): 55.6 Hydrozone #/Planting DescriptionA Plant Factor (PF) Irrigation MethodB Irrigation Efficiency (IE)C ETAF (PF/IE) Landscape Area (sq. ft.) ETAF x Area Estimated Total Water Use (ETWU)D Valves REGULAR LANDSCAPE AREAS CSL 0.80 ROTOR 0.78 1.03 0.00 0.00 0.00 A-3, A-6 WSL 0.60 ROTOR 0.78 0.77 0.00 0.00 0.00 A-1, A-2, A-5 LW 0.30 ROTOR 0.78 0.38 52647.00 20248.85 698018.22 A-4 MW 0.40 ROTOR 0.78 0.51 0.00 0.00 0.00 CSL 0.80 DRIP 0.81 0.99 0.00 0.00 0.00 WSL 0.60 DRIP 0.81 0.74 0.00 0.00 0.00 LW 0.30 DRIP 0.81 0.37 5074.00 1879.26 64781.83 MW 0.40 DRIP 0.81 0.49 0.00 0.00 0.00 LWTR 0.30 BUBBLERS 0.80 0.38 1000.00 375.00 12927.00 MWTR 0.40 BUBBLERS 0.80 0.50 0.00 0.00 0.00 TOTALS: 58721.00 22503.11 ETWU TOTAL 775727.05 Maximum Allowed Water Allowance (MAWA)E 910903.64 ETAF CALCULATIONS REGULAR LANDSCAPE AREAS TOTAL ETAF x AREA 22503.11 TOTAL AREA 58721.00 AVERAGE ETAF 0.38 ····· 1151
1152
1153
1154
1155
1156
W LINCOLN STREET CL RAILROAD RIGHT OF WAY CL PARCEL 1 651,546 A.C. (14.96 S.F.) GROSS 621,431 A.C. (14.27 S.F.) NET LOT A 1 3 CHECKED BY: JTS JOB NO: 225047 11-06-23 DISREGARD PRINTS BEARING EARLIER REVISION DATES DRAWN BY: SCALE: PREPARED FOR: JTS SHEET: 1" = 60' OF NO DESCRIPTION BY DATE REVISIONS APPROVED E S T . 1 9 4 1 VICINITY MAP TENTATIVE PARCEL MAP No. 38659 IN THE CITY OF BANNING, CALIFORNIA BROWN STRAUSS - BANNING BREMCO CONSTRUCTION TENTATIVE PARCEL MAP No. 38659 BROWN STRAUSS STEEL CITY OF BANNING, CA 92220 APN 540-180-020, 022, 026 PROJECT SITE 10 “ LEGAL DESCRIPTION EXHIBIT PREPARED BY OWNER/DEVELOPER EASEMENT NOTES BASIS OF BEARINGS LIST OF ENCROACHMENTS BENCHMARK INFORMATION LEGEND: SITE INFORMATION FLOOD ZONE NOTE: UTILITIES:
1157
EVCS EV EV EV EV EV EV TRUCK ENTRY ONLY TRUCK EXIT ONLY INFEED CONVEYOR OUTFEED CONVEYOR INFEED CONVEYOR OUTFEED CONVEYOR TRUCK EXIT ONLY EVCS W LINCOLN STREET CL RAILROAD RIGHT OF WAY CL PARCEL 1 651,546 A.C. (14.96 S.F.) GROSS 621,431 A.C. (14.27 S.F.) NET A~ B~ LOT A W. LINCOLN STREET 2 3 CHECKED BY: JTS JOB NO: 225047 11-06-23 DISREGARD PRINTS BEARING EARLIER REVISION DATES DRAWN BY: SCALE: PREPARED FOR: JTS SHEET: 1" = 40' OF NO DESCRIPTION BY DATE REVISIONS APPROVED E S T . 1 9 4 1 SITE INFORMATION ENGINEER ARCHITECT VICINITY MAP CONSTRUCTION NOTES DRAINAGE NOTES OWNER STATEMENT PRELIMINARY SITE/GRADING PLAN IN THE CITY OF BANNING, CALIFORNIA BROWN STRAUSS - BANNING BREMCO CONSTRUCTION PRELIMINARY SITE/GRADING PLAN BROWN STRAUSS STEEL CITY OF BANNING, CA 92220 APN 540-180-020, 022, 026 PROJECT SITE 10 EARTHWORK ESTIMATE QUANTITIES: SOURCE OF TOPOGRAPHY: PROJECT AREAS: LEGEND: “ LEGAL DESCRIPTION OWNER/DEVELOPER SECTION A SECTION B FLOOD ZONE NOTE: UTILITIES:
1158
EVCS EV EV EV EV EV EV TRUCK ENTRY ONLY TRUCK EXIT ONLY INFEED CONVEYOR OUTFEED CONVEYOR INFEED CONVEYOR OUTFEED CONVEYOR TRUCK EXIT ONLY EVCS W LINCOLN STREET CL RAILROAD RIGHT OF WAY CL LOT A Elevations Table 3 3 CHECKED BY: JTS JOB NO: 225047 11-06-23 DISREGARD PRINTS BEARING EARLIER REVISION DATES DRAWN BY: SCALE: PREPARED FOR: JTS SHEET: 1" = 40' OF NO DESCRIPTION BY DATE REVISIONS APPROVED E S T . 1 9 4 1 PRELIMINARY CUT/FILL MAP IN THE CITY OF BANNING, CALIFORNIA BROWN STRAUSS - BANNING BREMCO CONSTRUCTION PRELIMINARY CUT/FILL MAP BROWN STRAUSS STEEL CITY OF BANNING, CA 92220 APN 540-180-020, 022, 026 EARTHWORK ESTIMATE QUANTITIES:
1159

were not]
was not]

2. _______________________________________
_________________________________________ _______________________________________ ___________________________________________________________________________________ Print Form
Notice of Determination Appendix D
To: From:

Office of Planning and Research Public Agency: ___________________________ U.S. Mail: Address: ________________________________
P.O. Box 3044
Sacramento, CA 95812-3044
Street Address:
1400 Tenth St., Rm 113
Sacramento, CA 95814
_______________________________________
Contact: _________________________________
Phone: __________________________________
County Clerk
Lead Agency (if different from above): County of: _________________________________ Address: __________________________________ Address: ________________________________ Contact: _________________________________
Phone: __________________________________
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number (if submitted to State Clearinghouse):______________________________ Project Title: _________________________________________________________________________ Project Applicant: _____________________________________________________________________ Project Location (include county):_________________________________________________________ Project Description:

This is to advise that the ____________________________________________ has approved the above ( Lead Agency or Responsible Agency)
described project on _______________ and has made the following determinations regarding the above (date)
described project.

1. The project [ will will not] have a significant effect on the environment.

2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.

A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures [ were made a condition of the approval of the project.

4. A mitigation reporting or monitoring plan [ was was not] adopted for this project.

5. A statement of Overriding Considerations [ was adopted for this project.

6. Findings [ were were not] made pursuant to the provisions of CEQA.

This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, is available to the General Public at:

Signature (Public Agency): _____________________________ Title: ____________________________ Date: _______________________________ Date Received for filing at OPR: ____________________ Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code. Revised 2011 1160
City of Banning
Community Development Department
99 E. Ramsey Street • P.O. Box 998 • Banning, CA 92220-0998 • (951) 922-3100

NOTICE OF PUBLIC HEARING AND NOTICE OF INTENT (NOI) TO ADOPT A MITIGATED NEGATIVE DECLARATION (MND)(EA 23-1506) FOR CONSIDERATION OF GENERAL PLAN AMENDMENT 23-2502, ZONE CHANGE 23-3502, TENTATIVE PARCEL MAP 23-4002, AND DESIGN REVIEW 23-7008, A PROPOSAL TO ALLOW FOR THE NEW CONSTRUCTION AND OPERATION OF A STEEL DISTRIBUTION FACILITY WITH A 42,510 SQUARE-FOOT WAREHOUSE BUILDING OF WHICH 3,434 SQUARE FEET IS DESIGNATED FOR OFFICE SPACE ON 14.92 GROSS ACRES OF LAND LOCATED ON THE NORTH SIDE OF WEST LINCOLN STREET BETWEEN SOUTH 8TH STREET AND SOUTH 16TH STREET (APN Nos. 540-180-020, 540-180-022 and 540-180-026).

NOTICE IS HEREBY GIVEN of a public hearing before the City of Banning City Council, to be held on Tuesday, June 25, 2024, at 5:00 p.m. in the Council Chambers, City Hall, 99 East Ramsey Street, Banning, California, to consider an Initial Study/Mitigated Negative Declaration for General Plan Amendment 23-2502, Zone Change 23-3502, Tentative Parcel Map 23-4002, and Design Review 23-7008 to allow for the construction and operation of a steel distribution facility with a 42,510 square-foot warehouse building of which 3,434 square feet is designated for office space on 14.92 gross acres of land located on the north side of Lincoln Street between South 8th street and South 16th Street (APN Nos. 540-180-020, 540-180-022 and 540-180-026). The Community Development Department has determined, on the basis of the Initial Study, that the project will not have a significant effect on the environment with implementation of recommended mitigation measures. In accordance with the disclosure requirements of CEQA Guidelines Section 15072(g)(5), the Project site is not listed as a hazardous property as designated under Section 65962.5 of the Government Code.

An Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the project was made available for public review and comment for a 30-day public review and comment period prior to the public hearing beginning FRIDAY, APRIL 26, 2024, and concluding MONDAY, MAY 27, 2024.

PLANNING COMMISSION ACTION: At a duly noticed public hearing held on May 29, 2024, the Planning Commission of the City of Banning adopted Resolution 2024-13, recommending that the City Council approve the Mitigated Negative Declaration, General Plan Amendment, Zone Change, Tentative Parcel Map, Design Review and parking reduction for the proposed Project.

Information regarding the Initial Study/Mitigated Negative Declaration can be obtained by contacting the City's Community Development Department at (951) 922-3125, or by visiting the following link:
https://banningca.gov/Archive.aspx?AMID=60&Type=&ADID=
To observe the live meeting through your personal computer, but not participate with video or oral comments, you may use your computer or smart phone to enter the following or click on the link: https://banninglive.viebit.com or on the Banning Government Channel on Cable Television.

All parties interested in speaking either in support of or in opposition to this item are invited to attend the public hearing or by sending their written comments by email to the Administrative City Clerk at [email protected] or by mail to the City Clerk at City of Banning at PO Box 998, Banning, CA 92220.

If you challenge any decision regarding the above proposal in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the Administrative City Clerk prior to, at, or during the time the City Council makes
its recommendation on the proposal; or you or someone else raised at the public hearing or in written correspondence delivered to the hearing body at, or prior to, the hearing (California Government Code, Section 65009).

BY ORDER OF THE COMMUNITY DEVELOPMENT DIRECTOR OF THE CITY OF BANNING, CALIFORNIA. /s/ Emery J. Papp, Senior Planner
Dated: June 11, 2024
Publish: June 14, 2024
1161

WILLIAMS ST

JEFFERSON ST
A
DA
M
S
A
VE

LINCOLN ST LINCOLN ST
6 TH
S
T

MONROE ST

LIVINGS

BERGE AVE
8 TH
S
T
12 TH
7 TH
S
T
AVE
12 TH
S
T

HAYS ST
16 TH
S
T
5 TH
S

FASHION WAY

HAYS ST

BARBOUR ST

RAMSEY ST

PROJECT

LOCATION
5 4
0-18
0-0
2 2
5 4
0-18
0-0
2 0
540-180-026

CITY OF BANNING
µ 0 100 200 300 400 500
Feet

PROJECT VICINITY
5/25/2023
PROJECT NUMBERS: DR 23-7008, ENV 23-1506, GPA 23-2502, ZC 23-3502 and TPM 23-4002 (TPM 38659) 1162

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Doug Schulze, City Manager
MEETING DATE: June 25, 2024
SUBJECT: Consider Pledging $50,000 per Year to Blue Zones Activate Banning Beginning 7/1/2025 for a Period of Three (3) Years
RECOMMENDATION:

A motion approving, by minute order, an annual pledge of $50,000 for a period of three (3) years to the Blue Zones Activate Banning Project beginning 7/1/2025.

BACKGROUND:

The City Council received a presentation from Dan Buettner of Blue Zones at the May 28, 2024 meeting.

The Blue Zones community engagement process involved many stakeholders and interested community members. The Blue Zones team has been successful in obtaining funding for the majority of the project costs, but is asking each participating community to contribute a small amount of funding as an expression of support and commitment. The suggested annual contribution for the City of Banning is $50,000 annually for three years.

JUSTIFICATION:

One of the City Council adopted priorities is to create a healthy community and well-planned neighborhoods. The Blue Zones program will be significant resources to assist the City in achieving these goals and the pledge will leverage several million dollars of support services from subject matter experts.

FISCAL IMPACT:

FY 2025-26 - $50,000
FY 2026-27 - $50,000
FY 2027-28 - $50,000
ALTERNATIVES:
1) Approve as recommended.
2) Approve with modification(s).
3) Do not approve.
1163

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Ralph Wright, Parks and Recreation Director Ralph Wright, Parks and Recreation Director
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-107, Naming the former National Guard Armory Building the Arthur 'Art' L. Welch Community Center RECOMMENDATION:

Adopt Resolution 2024-107.

BACKGROUND:

At the Regular meeting of the Banning City Council, held on May 14, 2024, the City Council considered Resolution 2024-60, a Resolution of the City Council of the City of Banning, naming the former National Guard Armory Building the, Arthur "Art" L. Welch Community Center." During the Council's review and discussion of this item, the Council determined it would be prudent to have the Parks and Recreation Commission weigh in on the item since the unofficial plan for the Armory building will be for its future use as a community center, and adopted a motion to table the item and refer it to the Parks and Recreation Commission to review and provide a recommendation to the City Council on naming the facility.

On June 6, 2024, the Parks and Recreation Commission held a Special Meeting of the Banning Parks and Recreation Commission and received public input on naming the former National Guard Armory building. After a discussion regarding potential naming options and substantial public input, the Commissioners in attendance unanimously recommended to the Banning City Council to name the former National Guard Armory Building after Arthur "Art" L Welch. In addition, the Parks and Recreation Commission discussed development of other naming and recognition options in the City including a military banner program and potential naming of future Parks and Recreation facilities that they hoped to bring forward to the City Council in the future.

Naming Policy Background:

On April 12, 1994, the City Council adopted Resolution No. 1994-46 establishing a policy for naming City park and recreation facilities. The policy reflects the following criteria:

1. In recognition of the geographic area in which the park or facility is located.

2. In recognition of historical milestones.

3. In honor of individuals who have made outstanding contributions to the community, county, state or nation.

4. In recognition of someone who has donated enough money to build the park or facility.

History of the Armory Building:

When the California National Guard discontinued use of the armory building, located at 2041 W. Nicolet 1164
Street, the building sat mostly unused for several years. Vandalism, homeless activity, and lack of maintenance resulted in complaints from neighbors. However, the City had leased the property for 99 years to the State of California. The term of the lease would not expire until July 27, 2052. In early 2020, the Office of the Commanding General and State of California agreed to an early termination of the lease agreement and transferred the building to the City of Banning.

After transfer back to the City, the plans for the building included remodeling and rehabilitation so it can be used as a multi-purpose community center. In addition, the building will serve as the City's Emergency Operations Center. The City has been notified that they will soon receive a grant award with funding for design and infrastructure improvements for the Armory complex.

Art Welch local and Regional Bio:

Art Welch served on the Banning City Council from 2002 - 2006 and again from 2012 - 2020. During his tenure on the City Council, he served as Mayor from 20023 - 2004 and from 2018 - 2019. For a period of approximately 30 years, Art has served the Pass Area in numerous capacities, including the City Council, Riverside Transit Agency, Sun Lakes HOA Master Board, San Gorgonio Pass Rotary Club, Banning Chamber of Commerce, and as a representative for assemblymen, senators and Congressman Paul Cook.

JUSTIFICATION:

After review and the receipt of public input, the Banning Parks and Recreation Commission unanimously recommended to name the former Armory building after Arthur Welch. With over 30 years of public service to Banning and the Pass Area, Art Welch appears to have met the criteria to be honored by naming a City park and recreational facility after him based on his outstanding contributions to the community. Since the former armory building has not been named, it would be a facility appropriate to be considered.

FISCAL IMPACT:

Eventual cost of signage for the building as part of the remodel and renovation project(s).

ALTERNATIVES:

1. Adopt Resolution No. 2024-107.

2. Do not adopt Resolution No. 2024-107.

ATTACHMENTS:

1. Resolution 2024-107, Armory Welch.docx

2. CC Resolution No. 1994-046.pdf
1165
Resolution 2024-107

Page 1 of 3 ends

RESOLUTION 2024-107

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA, NAMING THE FORMER NATIONAL GUARD ARMORY BUILDING THE ARTHUR “ART” LEE WELCH

COMMUNITY CENTER
WHEREAS, the State of California agreed to an early termination of a long term lease of the National Guard Armory building and it was transferred back to the City of Banning in January 2020; and
WHEREAS, the City of Banning has not formally adopted a name for the facility; and WHEREAS, the City of Banning plans to rehabilitate the building to be a fully functioning multi-purpose community center and serve as the City’s Emergency Operation Center; and WHEREAS, on April 12, 1994, the City Council of the City of Banning adopted Resolution No. 1994-46, establishing a policy for naming of a city park or facility; and WHEREAS, one of the criteria for naming a facility as established by Resolution No. 1994- 46, was “In honor of individuals who have made outstanding contributions to the community, county, state or nation; and
WHEREAS, Arthur “Art” Welch served the residents of Banning as a member of the City Council from 2002-2006 and again from 2012-2020, serving as Mayor for multiple terms; and WHEREAS, Arthur “Art” Welch, served many years in the Pass Area on numerous community and non-profit service groups such as the Sun Lakes HOA Master Board, the San Gorgonio Pass Area Rotary Club, the Banning Chamber of Commerce, Pass Area Supporting Soldiers group and the Table of Plenty; and
WHEREAS, Arthur “Art” Welch served the county, region, state and nation as field representatives for County Supervisors, numerous State Senators and Assemblymen and a U.S.

Congressman; and
WHEREAS, the naming of a community center is an appropriate honor for the many years of service to the City of Banning and its citizens; and WHEREAS, at a Special Meeting of the Banning Parks and Recreation Commission, held on June 6, 2024, the Banning Parks and Recreation Commission members present unanimously recommended to the Banning City Council to name the former Armory building located at 2041 W. Nicolet Street, the Arthur “Art” L Welch Community Center.

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

SECTION 1. In honor of his years of dedicated service to Banning and the surrounding community, the former National Guard Armory Building located at 2041 W. Nicolet Street in Banning, will be named the Arthur “Art” L Welch Community Center.

SECTION 2. 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. 1166
Resolution 2024-107

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PASSED, APPROVED AND ADOPTED this 25th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
1167
Resolution 2024-107

Page 3 of 3 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-107, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1168
RESOLUTION NO. 1994-&6

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF BANNING ESTABLISHING A
POLICY FOR THE NAMING OF CiTY PARKS

AND RECREATION FACILITIES
WHEREAS, the City has no formal policy for the naming of parks and recreation facilities; and
WHEREAS, it is necessary for the City to periodically
name such facilities:

NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Banning that the Policy For Naming Parks and Recreation Facilities reflects the following criteria and is hereby approved:
a. In recognition of the geographic area in which the
park or facility is located.
b. In recognition of historical milestones.

In honor of individuals who have made outstanding
contributions to the community, county, state or
nation.
d. In recognition of someone who has donated enough
money to build the park or facility.

PASSED AND ADOPTED by the City Council of the City of
Banning this 12th day of April, 1994._//
R~JMayor nolds/
CityyBanning, California

APPROVED AS TO FORM AND

LEGAL CONTENT
1169
1170

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Nate Smith, Deputy Director of Public Works/City Engineer Art Vela, Director of Public Works
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-108, Awarding a Contract for Landscape Operation and Maintenance for Landscape Maintenance District (LMD) No. 1 with Mariposa Landscapes, Inc. of Irwindale, California for Fiscal Year 2024/2025 in the Amount of “not to exceed” $93,211.26 and discuss budget constraints within the LMD No. 1 RECOMMENDATION:

Adopt Resolution 2024-108.

BACKGROUND:

LMD No. 1 in the City of Banning was established through the adoption of Resolution No. 1990-59 on August 14, 1990 (9 tracts), with another, Tract No. 22913 being annexed into LMD No. 1 in 1992. An additional five tracts and three tentative tracts were annexed (Annexation No. 1) into LMD No. 1 when the City Council approved Resolution 2005-36 on May 10, 2005. Tract No. 32370 was annexed into the LMD on November 14, 2023 when the City Council approved Annexation No. 2. A map displaying the District and its’ Zones is shown as Attachment 2. There are currently eleven (11) Zones and 1,034 assessment units.

LMD No. 1 currently consists of seventeen (17) accepted tracts in eleven (11) Zones: Tract Nos. 21882, 22810, 22811, 22913, 23446 (including the median on Highland Home Road), 23598, 28252, 29721, 30186, 30222 (including Richard Sanchez Park), 30793, 31833, 31834, 31835, 32109, 30906 and 32370.

The purpose of LMD No. 1 is for the maintenance and servicing of landscape medians and parkways, perimeter strips and backup walls, landscaped hillsides with high visibility, side slopes adjacent to sidewalks, retention basins, and the irrigation of the above facilities all of which are part of residential development projects. LMD No. 1, by special benefit assessments, provides funding for the servicing and maintenance of designated landscape areas within the City of Banning.

The previous contractor, Artistic Maintenance, Inc. was awarded the initial Operation and Maintenance Contract on June 11, 2019 and continued for four additional single years with Amendments approved by City Council each year, at a very reasonable cost. This firm elected not to provide a Bid on this RFP solicitation. On April 5, 2024, Purchasing Division staff released a Request for Proposals (RFP) through the OpenGov program notifying qualified firms of the opportunity to provide proposals, RFP 24-061, “Operation and Maintenance of LMD No. 1” and advertised it in the Press Enterprise on April 11, 2024.

The Scope of Work includes providing all the labor, tools, materials, and equipment necessary to provide landscape maintenance services of LMD No.1. This includes performing seasonal maintenance 1171
and inspection, checking the operation of all irrigation systems, and identifying required repairs and, if necessary, the labor for replacing trees, flowers or shrubs within landscaped areas that are maintained under the contract.

The detailed scope of work is outlined in Attachment 3, the RFP and in the attached recommended contractor’s proposal (Attachment 4). A mandatory pre-bid meeting and job walk was held on April 18, 2024 with six (6) firms attending. The deadline to submit proposals was May 9, 2024 and two (2) firms responded with submittals.

An evaluation committee consisting of three (3) Public Works Dept. staff, evaluated the two (2) proposals that were received based on price, qualifications, experience and project understanding, approach (implementation plan) and methodology, and references.

Listed below are the two (2) firms that submitted proposals, in order of the total average score received from the three (3) evaluators:

CONSULTANT TOTAL SCORE
Mariposa Landscapes, Inc. 83.0
Urban Habitat 61.7
Mariposa is a reputable qualified firm that has successfully provided services to the City in the past and is the current contractor for the landscaping of City facilities.

Budget Constraints
The cost proposal of $115,142.88 received by Mariposa was more than 2.5 times what the previous contractor charged for FY 23/24. Thus, the Deputy Director of Public Works/City Engineer, along with Public Works Dept staff, met with Mariposa to revise the Scope of Work to cut costs to meet the current budget of each Zone. They determined which services and locations could logically be reduced. For example, the mowing schedule was reduced from weekly to biweekly and monthly during the slow growth season and the shrubs and ground cover will be maintained twice/year instead of four times/year in parts of Zones, 1, including at Richard Sanchez Park. Similar reductions in services were made in Zones 2,4,5,9 and 10/11 (the retention basin tree trimming, and monthly maintenance was removed).

This resulted in a revised Scope of Work, shown as Attachment 6, and a total cost of $78,211.26.

If approved, the Contract Agreement is for a term of twelve (12) months ($6,517.61/month; $78,211.26/year) with the possibility of an option to renew for up to four (4) single additional years (for a total of five (5) single years) upon a satisfactory yearly review of the previously provided services. If approved, extensions to the Contract Agreement will terminate no later than June 30, 2029. Irrigation repairs, materials, tree, shrub, ground cover and plant material replacements are paid for as an added cost, separate from this contract. Thus, an additional $15,000 is being added to the contract award.

Attachment 7 is the Draft Professional Services Agreement.

The estimated expenses for FY 24/25 are $155,028.11 (based on FY 2023/2024 actual costs with previous contractor which was quite low), a surplus of approximately $4,141.80 for the overall District.

However, Mariposa’s costs are more so there likely will not be a surplus next year. It should be noted that each zone within the District has its own fund balance separate from other zones.

JUSTIFICATION:

The Public Works Department does not have the required field staff needed to maintain LMD No. 1 landscape areas; therefore, it is necessary to retain a landscape maintenance contractor to provide these services.

FISCAL IMPACT:
1172
Fund No. 111 (Landscape Maintenance Assessment District No.1), Account No. 111-4900-432-23.29 (Landscape Maintenance) will be utilized to fund this contract for Fiscal Year 2024/2025 in the amount of “not to exceed” $93,211.26. It will fund the monthly operation and maintenance portion of the Agreement ($78,211.26/year) and also be used to fund miscellaneous “as-needed” expenses related to irrigation repairs and landscaping replacement in the amount of up to $15,000. The completion of miscellaneous repairs and replanting will be dependent on funding available in each individual zone. This is in the biennial budget.

ALTERNATIVES:

1. Adopt Resolution 2024-108 as recommended.

2. Adopt Resolution 2024-108 with modifications.

3. Do not approve Resolution 2024-108 and provide alternative direction to staff. The City Council may choose to reject this action which would result in an interruption of services in the landscape maintenance of LMD No. 1. The City does not have staff resources to perform the landscape maintenance tasks.

ATTACHMENTS:

1. Resolution 2024-108, Mariposa.docx

2. Exhibit A - Draft PSA with Mariposa.pdf

3. Attach 2. LMD No. 1 Map and Zones 1 thru 11 Combined.pdf

4. Attach 3. RFP 24-061 Operation & Maintenance of LMD No. 1.pdf

5. Attach 4. Mariposa Landscapes, Inc. Proposal.pdf

6. Attach 5. Mariposa Original Cost Proposal.pdf

7. Attach 6. Mariposa Revised Pricing Proposal, reduced SOW, 05-30-2024.pdf 1173
Resolution 2024-108

Page 1 of 4 ends

RESOLUTION 2024-108

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

AWARDING AN OPERATION AND MAINTENANCE CONTRACT TO MARIPOSA LANDSCAPES, INC. OF IRWINDALE, CALIFORNIA, IN THE AMOUNT OF $93,211.26 FOR FISCAL YEAR 2024/2025 FOR THE OPERATION AND MAINTENANCE SERVICES OF LANDSCAPE MAINTENANCE DISTRICT NO. 1
WHEREAS, Landscape Maintenance District (LMD) No. 1 in the City of Banning was established through the adoption of Resolution 1990-59 on August 14, 1990 (9 tracts), with another Tract, No. 22913, being annexed into the District in 1992; and WHEREAS, on May 10, 2005, the City Council adopted Resolution 2005-36, ordering the annexation of an additional five tracts and three tentative tracts to the City’s LMD No. 1 (“Annexation No. 1”); and
WHEREAS, on November 14, 2023, the City Council adopted Resolution 2023-177, ordering the annexation of Tract No. 32370, known as Canterbury, to the City’s LMD No. 1 (“Annexation No. 2”); and
WHEREAS, the Public Works Department does not have the required field staff needed to maintain the LMD No. 1 landscape areas; therefore, it is necessary to retain a landscape maintenance contractor to provide these services; and
WHEREAS, a Request for Proposals (RFP No. 24-061 “Operation and Maintenance of LMD No. 1”) was prepared and advertised through OpenGov on April 5, 2024, notifying qualified firms of the opportunity to provide proposals, with the proposals due on May 9, 2024; and WHEREAS, the scope of work includes providing all the labor, tools, materials, and equipment necessary to provide landscape maintenance services to LMD No. 1, including performing seasonal maintenance and inspection, checking the operation of all irrigation systems, and identifying required repairs and, if necessary, the labor for replacing trees, flowers or shrubs within landscaped areas that are maintained under the contract; and WHEREAS, an evaluation committee consisting of three (3) Public Works Department staff members, evaluated the two (2) proposals that were received based on price, qualifications, experience and project understanding, approach (implementation plan) and methodology and references; and
WHEREAS, Mariposa Landscapes, Inc. had the highest combined score from the three evaluators and is a reputable qualified firm that has successfully provided services to the City in the past and is the current contractor providing landscape services for city facilities and as a result, staff recommends the contract be awarded to Mariposa Landscapes, Inc.; and WHEREAS, Account No. 111-4900-432-23.29 (Landscape Maintenance) in the amount of $93,211.26 ($6,517.61/month; $78,211.26/year) will fund the monthly operation and maintenance portion of the Agreement and up to $15,000.00 will also be used to fund miscellaneous operations related to irrigation repairs and landscape replacement. 1174
Resolution 2024-108

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

SECTION 1. The Banning City Council hereby awards an operation and maintenance services contract for Landscape Maintenance District No. 1 to Mariposa Landscapes, Inc of Irwindale, California, in the amount of $$93,211.26 for FY 2024/25 with the option to renew for an additional four single years, subject to a Consumer Price Index increase adjustment and satisfactory performance, and all other bids are hereby rejected.

SECTION 2. The City Manager or his designee is authorized to make necessary budget adjustments, appropriations and transfers related to the Professional Services Agreement.

SECTION 3. The City Manager or his designee is authorized to execute the Professional Services Agreement as to form approved by the City Attorney PASSED, APPROVED AND ADOPTED this 25th day of June 2024.

Alberto Sanchez, Mayor
City of Banning
ATTEST:

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

Serita R. Young, City Attorney
Richards, Watson & Gershon
1175
Resolution 2024-108

Page 3 of 4 ends

CERTIFICATION:

I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-108, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June, 2024 by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Caroline Patton, Administrative City Clerk
City of Banning, California
1176
Resolution 2024-108

Page 4 of 4 ends

Exhibit A
Professional Services Agreement with Mariposa Landscapes, Inc. 1177
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2344655v8
AGREEMENT FOR CONTRACT SERVICES (C01040) FOR LMD NO. 1

LANDSCAPE MAINTENANCE SERVICES BY AND BETWEEN CITY
OF BANNING AND MARIPOSA LANDSCAPES, INC.

THIS AGREEMENT FOR CONTRACT 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 Mariposa Landscapes, Inc., a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought by a Request for Proposal (RFP #23-061) for the performance of the services for Landscape Maintenance Services for LMD No.1 and as further defined and described particularly in Article 1 of this Agreement.

B. Contractor, 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 Contractor 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 CONTRACTOR

1.1 Scope of Services.

In compliance with all terms and conditions of this Agreement, Contractor 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, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 1178
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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 Contractor’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.

Contractor 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.

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

1.6 Prevention of Loss and Damages.

Contractor 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, 1179
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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 Contractor, 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 Contractor. 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 Contractor 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. Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor.

1.9 Facilities and Equipment.

Except as otherwise provided, Contractor 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 Contractor 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 Contractor’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. 1180
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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, Contractor shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Contractor’s report or plans. Should Contractor 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 Contractor. 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 Contractor 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 Contractor.
1) Contractor Representative: The following principal of Contractor is hereby designated as being the Contractor Representative authorized to act on Contractor’s behalf regarding the Services specified herein and make all decisions in connection therewith:

Name Title
Larry Rudd VP of Sales and Marketing
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Contractor Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Contractor Representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Contractor Representative. For purposes of this Agreement, the foregoing Contractor Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Contractor without the express written approval of City. It shall be Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contractor shall refer any decisions which must be made by City to the Contract Officer. 2) Contractor’s Personnel: Contractor 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 Contractor or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 1181
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Contractor shall notify City of all changes in Contractor’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 Contractor, City shall give notice as set forth in Section 8.1. Contractor shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.

1.13 Independent Contractor.

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

Contractor 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 Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor 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. Contractor 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 Contractor’s personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

1.14 Prohibition Against Subcontracting or Assignment.

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

Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 1182
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Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Contractor 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 Contractor be paid more than Ninety-Three Thousand Two Hundred Eleven Dollars and Twenty-Six Cents ($93,211.26) (the “Contract Sum”). The Contract Sum shall include the attendance of Contractor 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 Contractor is required to attend additional meetings to facilitate such coordination, Contractor 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 Contractor’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 Contractor for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.

2.4 Unauthorized Services and Expenses.

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

2.5 Invoices.

Each month Contractor 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, Contractor is certifying compliance with all provisions of the 1183
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Agreement. Contractor shall not invoice City for any duplicate Services performed by more than one person.

City shall independently review each invoice submitted by Contractor 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 Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Contractor 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 Contractor for correction and resubmission. Review and payment by City of any invoice provided by Contractor shall not constitute waiver of any rights or remedies provided herein or any applicable law.

2.6 Waiver.

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

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.

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

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor. 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 Contractor 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 Contractor 1184
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Contractor’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 June 30, 2025 with optional four (4) one-year renewal periods,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.

Contractor 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 Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor 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 Contractor does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Contractor 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 Contractor has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Contractor shall execute a declaration that it has no employees.

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

4.2 Acceptability of Insurers.

The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 1185
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.

4.3 Additional Insured.

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

4.4 Primary and Non-Contributing.

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

4.5 Contractor’s Waiver of Subrogation.

The insurance policies required under this Article shall not prohibit Contractor and Contractor’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Contractor 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, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Contractor shall procure a bond guaranteeing payment of losses and expenses.

4.7 Cancellations or Modifications to Coverage.

Contractor 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, Contractor shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

4.8 City Remedy for Noncompliance.

If Contractor 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 Contractor’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 Contractor’s expense, the premium thereon.

Contractor shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 1186
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4.9 Evidence of Insurance.

Prior to the performance of Services under this Agreement, Contractor 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. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with the City Clerk.

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

4.11 Sub-contractor Insurance Requirements.

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

If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, Contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’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. Contractor’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. Contractor 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 Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this 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. Contractor’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.

ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION

5.1 Service Records.

Contractor 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 1188
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to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Service Records may be given to City, and access shall be provided by Contractor’s successor in interest (“Contractor’s Successor”). If custody of the Service Records is given to Contractor’s Successor, Contractor shall give written notice to City of the transfer of the Service Records to Contractor’s Successor. The notice shall include contact information (address and telephone number) for Contractor’s Successor, and access shall be provided to City by Contractor’s Successor.

5.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Contractor shall promptly notify the Contract Officer of 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 “Contractor Documents”) prepared by Contractor, 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. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Contractor Documents hereunder. Any use, reuse or assignment of such completed Contractor Documents for other projects and/or use of uncompleted Contractor Documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use or assignment. Contractor may retain copies of such Contractor Documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of all Contractor Documents prepared by them; and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

5.4 Confidentiality and Release of Information.

A. All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the 1189
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public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.

B. Contractor, its officers, employees, agents or 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 Contractor gives City notice of such court order or subpoena.

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

D. Contractor shall promptly notify City should Contractor, its officers, employees, agents or 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 Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

6.2 Disputes; Default.

A. In the event that City determines Contractor is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor 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 Contractor is in default in the performance of any of the terms or conditions of this Agreement, City may serve Contractor with written notice of the default. Contractor shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 1190
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In the event that Contractor 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 Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor 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.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (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 Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement, and (iv) all payments due or that become due to Contractor during the period that Contractor or any of its subcontractors 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 Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor 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 Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.

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

6.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party 1191
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

6.6 Legal Action.

In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor 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 Contractor. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of Contractor, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Contractor has initiated termination, Contractor shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Contractor has initiated termination, Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.

6.8 Attorneys’ Fees.

In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 1192
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

7.1 Non-liability of City Officers and Employees.

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

7.2 Conflict of Interest.

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

No officer or employee of 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. Contractor warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Contractor 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 Contractor’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, Contractor may perform similar services for other clients; but Contractor 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 Contractor is not currently performing services that would require Contractor 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. Contractor shall incorporate a clause substantially similar to this Section into any subcontract that Contractor executes in connection with the performance of this Agreement.

7.3 Covenant Against Discrimination.

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

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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.

7.4 Unauthorized Aliens.

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

ARTICLE 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 Contractor’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: Nathan Smith
Deputy Director of Engineering
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Contractor: Attn: Terry Noriega
President
Marisposa Landscapes, Inc.
6232 Santos Diaz Street
Irwindale, CA 91702
Email: [email protected]
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8.2 Interpretation.

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

8.3 Counterparts.

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

8.4 Integration; Amendment.

This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Contractor 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 Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Services required under this Agreement.

B. Contractor’s Cooperation. In the event any claim or action is brought against City relating to Contractor’s performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 1195
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8.7 No Third Party Beneficiaries Intended.

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

8.8 Final Payment Acceptance Constitutes Release.

The acceptance by Contractor 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 Contractor for anything done, furnished or relating to Contractor’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 Contractor, 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 Contractor, its employees, sub-contractors and agents.

8.9 Non-Appropriation of Funds.

Payments to be made to Contractor 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 Contractor’s Services beyond the current fiscal year, this Agreement shall cover payment for Contractor’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.

8.10 Headings.

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

8.11 Word Usage.

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

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

8.13 Corporate Authority.

The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver 1196
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11303-0008\2344655v8.doc
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]
1197
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Administrative City Clerk
Address:

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
1198
Exhibit “A”-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Contractor will perform the following Services in connection with providing Landscape Maintenance Services for LMD No.1 prepared in connection therewith:

II. As part of the Services, Contractor will prepare and deliver the following tangible work products and services to City:
1199
M A R l p 0 s A
L A N
April 29, 2024
Cover Letter
City of Banning
99 E. Ramsey Street
Banning, CA 92220
Attn: Barbara Manson
(951) 922-3121
D s C A p E s N C
RE: Request for Proposal, Operation and Maintenance of Landscape Maintenance District No. 1 Mariposa Landscapes, Inc. has continuously been in business since 1977. Growing from a single truck in Rosemead, California to a fleet of trucks and equipment with over 800 employees covering all Southern California and Arizona. With over 95 awards for project excellence, we take pride in the quality of our work and thrive on keeping our company as one of the most recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive relationships with our clients.

We bring decades of knowledge and in-depth experience to every landscape entrusted to our care.

Building long-lasting relationships with our clients is important to us. We understand and respect your goals and do everything in our power to assure the well-being of your properties.

We value open, honest communication, ongoing staff training, and new methods and technologies that will help us do the best job possible. While we always appreciate the accolades we receive, seeing our customers enjoy a well-executed and thriving landscape is still the most rewarding part of our work. We believe great communication is the key to every successful contract that we are awarded. For this reason, we will assign an experienced and knowledgeable Account Manager to keep in contact with the City of Banning and make sure anything that arises is addressed. He will be responsible for conducting quality inspections and will submit a monthly report to keep the appropriate Managers well informed.

Mariposa Landscapes, Inc. takes pride in the work that we do. We are willing to enter into a contract under the conditions prescribed by this RFP and in the Sample Agreement. We would be honored to work for you and beautify your properties to their ultimate potential.

Company Name and Address
Mariposa Landscapes, Inc.
6232 Santos Diaz St, Irwindale, CA 91702
Sincerely, ,
Ter�j�;Al><fe
Contact Information
Eduardo Salmeron, Estimator
Email: [email protected]
Phone: (626) 960-0196 Ext. 2711
�'i.J TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.maciposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR'S LIC # 592268 A, C-27, D-49, C-61, C-31 Our Core Values - Safety • Teamwork • Quality • Integrity EXHIBIT "A" Exhibit "A" - 2
1200
Our Core Values – Safety • Teamwork • Quality • Integrity Page 4 A. Statement of Understanding and Approach
Mariposa Landscapes, Inc. takes pride in delivering high-quality service to our clients. We are dedicated to making sure the landscape we maintain in your city is mowed, pruned, watered, and trimmed to be kept away from the sidewalks. We will make sure that our crews are aware to clear debris where needed. Our service for this contract includes inspections of the sites, irrigation reporting, disease and pest control, weed control, trash control, irrigation monitoring, turf care, ground cover care, shrub care, tree care and general clean up.

Implementation
Project Startup and Quality Control Coordination Meeting Our Project Estimator and Account Manager carefully review the project specifications and visit the project site(s) to devise a work plan that meets the project requirements. We also hold a meeting with the Account Manager and the key personnel who will execute the work, to discuss and coordinate the best way to perform the project work.

Documentation
Before starting the contract work, we will conduct a thorough inspection and documentation of any deficiencies. We will then submit a comprehensive list to the City of Banning for each location. We will also provide a proposal for restoring the area to its original state if needed and any repairs that may be needed in the irrigation system.

During the meeting, the Account Manager communicates the work task quality requirements and reinforces heightened awareness for critical requirements. Topics for the meeting include:
 Project requirements per specifications.
 Record keeping documents and availability of necessary forms.  Review methods, sequence of work tasks and timeline.

Preparatory Site Inspection
The Account Manager performs a quality inspection of the work area and:
 Assesses the required work to be done per specifications.  Verifies field measurements.
 Assures availability of required equipment and materials to complete the project.  Identifies potential problems and develops an action plan to resolve them.

Scheduling
Mariposa Landscapes, Inc. will submit a detailed schedule to the City of Banning which includes all the routine activities. After submission and approval of this schedule, we will be ready to start work.

EXHIBIT "A" Exhibit "A" - 3
1201
Our Core Values – Safety • Teamwork • Quality • Integrity Page 5 Labor
Our proposal is calculated to provide full time employees to the project on a year round basis. It is our goal to provide professional results. Therefore, we will assign the appropriate and trained crew force necessary to complete the specified activities in a professional and timely manner. To achieve the desired results, the appropriate labor will be assigned for every aspect of the work.

Description of Efforts
Mariposa has read the scope of work and will make sure we complete the maintenance of the locations provided to a satisfactory level. After reading through the specifications provided by the city, we are confident we can provide the level of maintenance that the City of Banning requires. Our crew will be instructed on what the city expects and the level of maintenance that the City of Banning is looking for per the specifications. With an open line of communication with the City of Banning we can look for deficiencies that can be improved on and make sure the city is satisfied with our service.

Quality Control
We perform internal quality control on our work to free up our contract monitor or client representative (be it a Public Works Inspector or Property Manager) so that he or she will have a reduced workload. This creates a positive environment for everyone involved and enhances our client relationships. Our main philosophy behind quality control is summed up in one statement “Plan your work and work your plan.” Our Account Managers perform an initial work in process inspection when the first portion of the work activity for each work task is completed. They perform ongoing work in process quality inspections to ensure that the work tasks continue to conform to the project quality requirements. Any outstanding punch items remaining after the work task completion inspection is deemed a nonconformance. Should a problem occur in the quality of work, we systematically contain the issue and quickly make corrections. We expedite a corrective action that brings the workmanship of material issue into conformance by repair, replacement, or rework. Previously completed work is re-inspected for similar non-conformances.

Mariposa Landscapes, Inc. systematically prevents recurrences to improve quality. First, management monitoring is put into place to ensure work proceeds without incident. Then a structured problem-solving process identifies the root of the causes and initiates solutions. Solutions may involve a combination of enhanced process controls, training, upgrading of personnel qualifications, and/or higher-grade materials. Follow up ensures that a problem is completely resolved. Non-conformance and their resolutions are recorded on a Non-Conformance Report.

Monthly Work Plans
The Mariposa Account Manager will submit Monthly Work Plans describing maintenance operations of all areas contained within this contract and when the work, including trimming, pruning and applications of chemicals/fertilizers will be accomplished. Other work will include the removing and/or replacing of landscape materials within the scope of this Contract. The work may include landscape renovations of right-of-ways, medians, retention areas and/or common turf areas. The Account Manager will develop the Monthly Work Plans and submit them to the client representative by the 25th of the previous month prior to the regular monthly meeting. The Monthly Work Plan will correlate with the Annual Work Schedule in a more detailed form. After the plan is approved EXHIBIT "A" Exhibit "A" - 4
1202
Our Core Values – Safety • Teamwork • Quality • Integrity Page 6 at the regular monthly meeting the Monthly Schedule Evaluation Form will be completed with the client representative to evaluate the performance of the current month. The Mariposa Supervisor is responsible for creating and submitting these reports.

Irrigation Reports
The Irrigation Technician will create the Irrigation Reports at the specified frequencies and the Mariposa Account Manager will insure their accurate and timely completion. These reports will include scheduled formal inspections, all service requests, authorized emergency work and repair of damage. The Irrigation Technician will be responsible for conducting a formal inspection and related repairs of the irrigation system as scheduled. Results of the inspection shall be recorded on the Irrigation Inspection Report and checked for accuracy and then delivered to the client representative. The frequency of these reports will vary depending on the work scope.

Account Manager/Client Meeting Work Quality Evaluations A critical aspect of the work is communication. Timely and accurate schedules address a lot of this; however, there is another important aspect that is sometimes overlooked: interpretations of quality. What is beautiful to some is not to others, this is why specifications are written. However, there is always some level of interpretation that can vary from person to person. The goal is to have the Mariposa Account Manager and the client representative both interpreting the expectations of the specifications in the same way. The way we accomplish this is through a graded evaluation of every aspect of the landscape on a site by the Mariposa Supervisor and the client representative. This evaluation is performed prior to the regular client representative meeting by the Mariposa Supervisor. When the regular meeting takes place, this same form is given to the client representative to evaluate the exact same items as the Mariposa Account Manager previously graded. Any differences in evaluation that the client representative has of the same work item or area that were graded by the Mariposa Supervisor are addressed immediately and clarified.

The frequency of these evaluations and number of work items evaluated can vary based on the work scope.

However, typically a weekly evaluation will be conducted for quality assurance. Please see the sample form provided.

Action Item Lists
Even with jobs that go perfectly there are always items that come up during walk-through inspections. These items may have nothing to do with work quality but may be requests for improvement, additional work or notations of concern, etc. One of the key aspects of an action item list is a target completion date. This is included for every item on our form. The Mariposa Account Manager is committed to completion of a requested activity at an agreed upon date. This is in writing; it’s quick and easy to fill out. The client representative will have confidence that we will keep our promises because they are documented. Our goal is “Promises made are promises kept.” Please see the sample form provided.

EXHIBIT "A" Exhibit "A" - 5
1203
Our Core Values – Safety • Teamwork • Quality • Integrity Page 7 Work Quality Evaluation Form

EXHIBIT "A" Exhibit "A" - 6
1204
Our Core Values – Safety • Teamwork • Quality • Integrity Page 8 Action Items Form
EXHIBIT "A" Exhibit "A" - 7
1205
Our Core Values – Safety • Teamwork • Quality • Integrity Page 9 Detailed project schedule
Mariposa will make sure the “Scope of Work” provided by the city is upheld throughout the duration of the contract.

Transition Plan
Contract Executed or an Official Notice to Proceed
On new contracts we typically purchase trucks and equipment, so we cannot initiate purchases until we have a signed commitment. Quicker startups that are 30 days or less may be an issue with supply chain delays. We prefer a 60 to 90 day start for our procurement. During this period, before the Job Start, we may have one or more meetings with the client to meet the management staff and go over a preliminary schedule of work. We also use this interim time to prepare more detailed maps of the areas with measurements so we can pre-order the materials we will need (fertilizer, IPM material for weed control and other consumables.) Job Start
On day 1 our crews will have detailed maps of the areas along with task lists and the initial schedule. Our management is heavily involved in logistics during this time. We also go through the irrigation systems with our technicians to perform our initial evaluation. If we find anything that is broken, inoperative or neglected, we create a detailed list with repair pricing and a completion schedule for the customer. 30 Day Evaluation
At 30 days we have a special evaluation meeting with the customer. There are always aspects of every job that cannot be completely spelled out in the work scope and specifications like, custom timelines, work sequences and specific area needs. We go over the experience so far and identify what is working well and what needs adjustment.

EXHIBIT "A" Exhibit "A" - 8
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 10 The customer gets an action plan for any adjustments with timeline commitments from us along with the initial irrigation system inspection.
60 Day Evaluation
At 60 days we anticipate operations to be going smoothly and meeting expectations. We perform a customer survey to assess the customer’s perception of the experience related to the proposal process, transition to operations and the actual performance on the job. Our goal is to receive the highest score possible from our clients and provide complete customer satisfaction.
90 Day Evaluation
At 90 days the customer receives a survey with one question on it “Would you recommend Mariposa Landscapes to other customers right now?” Our goal is to receive an enthusiastic “Yes” to this question.

Price Fluctuation
If the scope of work fluctuates from the specifications Mariposa would be happy to have a conversation with the city regarding what an update to the scope entails and how the prices will be adjusted. We are open to having a back and forth on what the city would like to change and how that will impact the current scope of work.

Required from the City
The main role the city will need to provide for Mariposa will be the point of contact for the contract. We will need to report on how the current state of the contract is looking. We will need the point of contact to make sure that if any deficiencies are reported to the city they are relayed back to Mariposa for correction.

Innovative
Mariposa Landscapes, Inc. is always trying to make sure we are tackling every task given to us in innovative ways.

We are always looking for ways to improve and streamline our work. If we see something that may work better or faster, we will communicate with the city and make sure we explain how we can improve our approach to the tasks given to us.

Proposer’s Green Initiative and Environmental Sensitivity Mariposa Landscapes, Inc. uses every effort to implement “green” environment and energy conservation measures.

Our company has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites.

EXHIBIT "A" Exhibit "A" - 9
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Our Core Values – Safety • Teamwork • Quality • Integrity Page 11 We have been certified by the American Green Zone Alliance – Sustainable Land Care Certification (Electric Equipment). This puts us at the cutting edge of industry knowledge in selecting cost effective options related to the latest in commercial grade electric small equipment as well as mowers.

Mariposa works with all clients to assure optimum water usage where possible. With hundreds of ET “Smart” Controller installations over the years, we can assess a property for water savings, create a solution and correctly program these newer irrigation control devices for optimum savings.

In addition to these and other Green Initiatives, we are also committed to leading the industry in minimizing any potential negative impact on the environment.

The key points of its strategy to achieve this are:
 Minimize waste by evaluating operations and ensuring they are as efficient as possible.  Minimize toxic emissions through the selection and use of its fleet and equipment.  Actively promote recycling both internally and amongst its customers and suppliers.  Meet or exceed all the environmental legislation that relates to the Company.  Adhere to all local codes and ordinances regarding water conservation.

City Owned Facilities
Mariposa Landscapes Inc. does not intend on using any storage and will bring everything needed from our yard in Bermuda Dunes.

B. Company Information
Proposer Identification
Legal Name: Mariposa Landscapes, Inc.

EXHIBIT "A" Exhibit "A" - 10
1208
Exhibit “A”-11
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Contractor 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 Contractor without additional charge to City until found satisfactory and accepted by City. 1209
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, Contractor 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,” Contractor 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. Contractor 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. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If the Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s Services are subject to compliance monitoring and enforcement by DIR. Contractor 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. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor 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 Contractor 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 Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor 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.
1210
Exhibit “B”-2

8. Contractor 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. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations.

Prior to commencing work under this Agreement, Contractor 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, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. The Contractor 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 Contractor 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 Contractor or any subcontractor becomes debarred or suspended during the duration of the project, the Contractor shall immediately notify City.

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

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by the Contractor 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 Contractor 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, Contractor 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___________________________ 1211
Exhibit “B”-3

12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor 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. Contractor 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. Contractor shall diligently take corrective action to halt or rectify any failure.
1212
Exhibit “C”-1
11303-0008\2344655v8.doc
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor 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 Contractor 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. 1213
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 22810 Oregon Trail, east side, per site visit with staff $ 1,178.98 $ 98.25 22811 Oregon Trail, east side, per site visit with staff $ 1,425.15 $ 118.76 22913 Oregon Trail, east side, per site visit with staff $ 1,178.98 $ 98.25 30186
Mountain Avenue, Wilson Street and Oregon Trail
west side, does not include Retention Basin, per
Plans and site visit with staff.
$ 8,624.03 $ 718.67
30222 Mountain Avenue, per Plans and site visit $ 2,509.43 $ 209.12 Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30222 Richard Sanchez Park and trail, per Plans and site visit .
$ 1,215.49 $ 1,215.49 $ 1,215.49 $ 1,215.49 $ 1,215.49 $ 607.74 $ 607.74 $ 607.74 $ 607.74 $ 607.74 $ 607.74 $ 607.74 $ 10,331.66 $ 860.97 May June July August September October November December January February March April Annual Cost Monthly Average 30222 Richard Sanchez Park and trail, per Plans and site visit
$ 3,483.01 $ 3,483.01 $ 6,966.02 $ 580.50
NOTE:

Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 21882 Wilson Street and Highland Home Road west side,
per Site Visit with staff
$ 310.04 $ 310.04 $ 310.04 $ 310.04 $ 155.02 $ 155.02 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 155.02 $ 2,092.79 $ 174.40 23446
Wilson Street and Highland Home Road east side,
includes median on Highland Home Road, per Site
Visit with staff
$ 310.04 $ 310.04 $ 310.04 $ 310.04 $ 155.02 $ 155.02 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 155.02 $ 2,092.79 $ 174.40 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 21882 Wilson Street and Highland Home Road west side,
per Site Visit with staff
$ 665.25 $ 665.25 $ 665.25 $ 665.25 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 5,321.96 $ 443.50 23446
Wilson Street and Highland Home Road east side,
includes median on Highland Home Road, per Site
Visit with staff
$ 665.25 $ 665.25 $ 665.25 $ 665.25 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 5,321.96 $ 443.50 Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
ZONE 3
Mowing Frequencies
Retention Basins in Zone 1 will include trash pickup and weed abatement twice per year in price.

ZONE 2
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31.

Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31 Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
$ 627.36 $ 627.36 $ 627.36 $ 627.36
Mowing Frequencies
$ 1,178.98
$ 4,312.01 $ 4,312.01
$ 1,178.98
$ 1,425.15
ZONE 1
Shrub & Ground Cover Frequencies
Quarterly Quarterly Quarterly Quarterly
EXHIBIT "C-1" Exhibit "C-1: - 1
1214
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 29721 Wilson Street and Omar Street, east side, per Site Visit with staff and per Plans
$ 51.40 $ 51.40 $ 51.40 $ 51.40 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 411.16 $ 34.26 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 29721 Wilson Street and Omar Street, east side, per Site Visit with staff and per Plans
$ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 742.28 $ 61.86 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 32109 Wilson Street and Alder Court, west side, per Site Visit with staff and per Plans
$ 360.73 $ 360.73 $ 360.73 $ - $ - $ - $ 360.73 $ 360.73 $ 360.73 $ - $ - $ - $ 2,164.38 $ 180.37 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 23598 Wilson Street, Sunrise Ave. and includes Moonbeam Drive frontage per site visit with staff and per Plans
$ 38.35 $ 38.35 $ 38.35 $ 38.35 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 306.76 $ 25.56 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 23598 Wilson Street, Sunrise Ave. and includes Moonbeam Drive frontage per site visit with staff and per Plans
$ 822.51 $ 822.51 $ 822.51 $ - $ - $ - $ 822.51 $ 822.51 $ 822.51 $ - $ - $ - $ 4,935.05 $ 411.25 Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 28252 Hathaway Street, west side, per Plans and site visit with staff
$ 252.47 $ 252.47 $ 252.47 $ 252.47 $ 126.23 $ 126.23 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 126.23 $ 1,704.16 $ 142.01 28252 Retention Basin, per Plans and site visit with staff $ 252.47 $ 252.47 $ 252.47 $ 252.47 $ 126.23 $ 126.23 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 126.23 $ 1,704.16 $ 142.01 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 28252 Hathaway Street, west side, per Plans and site visit with staff
$ 223.07 $ 223.07 $ 223.07 $ 223.07 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 1,784.54 $ 148.71 28252 Retention Basin, per Plans and site visit with staff $ 141.14 $ 141.14 $ 141.14 $ 141.14 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 1,129.09 $ 94.09 Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
ZONE 6
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31 Shrub Frequencies
Mowing Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept. 1 - April 30
Shrub Frequencies
Quarterly Quarterly Quarterly Quarterly
Shrub & Ground Cover Frequencies
Quarterly Quarterly Quarterly Quarterly
ZONE 5
Shrub Frequencies
Quarterly Quarterly Quarterly Quarterly
ZONE 4
Biweekly May 1 - Aug. 31 Monthly Sept. 1 - April 30.

EXHIBIT "C-1" Exhibit "C-1: - 2
1215
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30793 Wilson Street, Foothill Drive, includes portion of Omar Street, per Site Visit with staff and per Plans
$ 264.05 $ 264.05 $ 264.05 $ 264.05 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 2,112.36 $ 176.03 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 31833 Charles Street, north side, per Site Visit with staff and per Plans
$ 161.15 $ 161.15 $ 161.15 $ 161.15 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 1,289.17 $ 107.43 31834 Charles Street, south side, per Site Visit with staff and per Plans
$ 161.15 $ 161.15 $ 161.15 $ 161.15 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 1,289.17 $ 107.43 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 31835
Charles Street, Hargrave Street and Victory Avenue,
(tract perimeter) per Site Visit with staff and per
Plans
$6,036.63 $503.05
Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906 Mountain Avenue, west side and interior Oak Lane, per Site Visit and per Plans
$ 341.84 $ 341.84 $ 341.84 $ 341.84 $ 170.92 $ 170.92 $ 85.46 $ 85.46 $ 85.46 $ 85.46 $ 85.46 $ 170.92 $2,307.41 $192.28 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906 Mountain Avenue, west side and interior Oak Lane, per Site Visit and per Plans
$ 295.69 $ 295.69 $ 295.69 $ 295.69 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $2,365.53 $197.13 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 32370
Mountain Avenue, west side, North and South of
Cedar Lane, frontage along the tract, per Site Visit
and per Plans
$ 110.71 $ 110.71 $ 110.71 $ 110.71 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $885.66 $73.81 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906, 32370 Retention Basin, per Site Visit and per Plans $0.00 $0.00 $0.00 Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
Tree Trimming Annually
ZONE 10 & 11
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31 Shrub Frequencies
Quarterly Quarterly Quarterly Quarterly
$3,018.32 $3,018.32
ZONE 8
Mowing Frequencies
Biweekly during May 1 - Aug. 31 Monthly Sept. 1 - April 30 ZONE 9
Shrub & Ground Cover Frequencies
ZONE 7
Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
EXHIBIT "C-1" Exhibit "C-1: - 3
1216
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906, 32370 Retention Basin, per Site Visit and per Plans $0.00 $0.00 NOTE:

Weed Abatement & Trash Removal Monthly
The frequency may be reduced in any Zone(s) depending on the budget for that Zone during the term of the contract or Fiscal Year.

EXHIBIT "C-1" Exhibit "C-1: - 4
1217
Exhibit “D”- 1
11303-0008\2344655v8.doc
EXHIBIT “D”

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

II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
1218
TR 32370
TR 21882
TR 30222 TR 30906
TR 28252
TR 30186
TR 23446
TR 23598
TR 31835
TR 23446
TR 30793
TR 32109
TR 31834
TR 22810
TR 22811
TR 31833
TR 29721
TR 22913
LEGEND
City Boundary
Tracts
Existing Zone
1 2
3 4
5 6
7 8
9 10
LMD No. 1 Zones
2024-2025
11 1219
Landscape Maintenance Areas
LMD 1 Proposed Zone 1
Riverside Co. GIS, July 2019

WILSON ST
O
M
A
R
ST

PALM DR

WHITE OAK DR

HOFFER ST

RED BLUFF LN
M

OUNTAIN AVE
FO
O

THILL D
R

GILMAN ST
A

SPEN LN

CATCHEN RD
SUNSET
AVE

CYPRESS
ST
ELM DR
OAK LN
41S
T
S
T
H
OLLY
C
T

SUGAR PINE
C
O
IR
REG
ON T
RL
BILB
E
RRY LN

PINE CIR
WILLOW
PL

PEPPER LN

JUNIPER PL

EUCALYPTUS
D
R
ELISA
DAWN
D
R
DYSART
D
R

DAISY LN
G
CT
S
Y
CAM
O
R
E
CT

CHESTNUT LN

CEDAR LN
LEGEND
Zone 1
TR 22810
TR 22811
TR 22913
TR 30186
TR 30222
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone1.mxd; Map Date 05 Nov 2019
I
0 500 1,000 1,500
Feet

CITY OF BANNING
1220
Landscape Maintenance Areas
LMD1 Proposed Zone 2
Riverside Co. GIS, July 2019

WILSON ST

HIGHLAND HO
ME R
D
KIN
G
S

WELL AVE
EVELYN
DR
D
O
R
OTHY
ANNA
DR
D
Y
S
A
R
T
D

HOFFER R
ST

AUTUMN GOLD
RAMSEY
ST

SUMMER CT

FOOTHILL
DR

AUTUMN LN
SPRING
VIEW
DR

FALLING LEAF LN

SPRING CT

CASEY CIR

CORRAL CIR
O
M
A
R
S
T
JA
N
A
N
C
T

WINTERBERRY CT

CORNUCOPIA CT
LE
SLIE C
T

WINTERGREEN CT

WESTERN SUNSET RD
M
A
RLBO
R
O
WAY
CLA
RI CT

BEVERLY
D
R
GRAND
VIEW
AVE
LORI
WAY

CO P PERLEAF LN
G

OLDEN S
KY
C
T

PROSPECTOR CIR
MEADOW
WAY
C
ST

CHAPPAREL
WAY
ALDER
C
T
LEGEND
Zone 2
TR 21882
TR 23446
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone2.mxd; Map Date 10 Oct 2019
I
0 400 800 1,200
Feet

CITY OF BANNING
1221
L
andscapeMaintenanceAreas
LMD1ProposedZone3
Riverside Co. GIS, July 2019
W
I
L
S
O
N
S
T

PEPPER LN

MOUNTAIN AVE
H
O
F
F
E
R
S
T
A
UT
U
M
N
GO
LD
C
AT
C
H
E
N
R
D
B
UNK
ER
HILL
RD

DOROTHY ANNA DR

DYSART DR
G
E
O
R
G
E
S
T

WINCHESTER DR
S
P
R
I
N
G
C
T
E
L
M
D
R

FALLING LEAF LN

OMAR ST

FOOTHILL
DR
41ST ST
40TH AVE

WINTERBERRYCT

CORNUCOPIACT

SPRING DR
W
E
S
T
E
R
N
S
U
N
S
E
T
R
D
COMS
TOCK
RD

KELLOGG DR

ALDER CT
LEGENDZo
ne3
TR29721
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone3.mxd; Map Date 05 Nov 2019 I
0250500750F
eet

CITYOFBANNING
1222
Landscape Maintenance Areas
LMD1 Proposed Zone 4
Riverside Co. GIS, July 2019

WILSON ST
SPRING
V EI W
DR
M
A
RLBO
R
O
WAY

AUTUMN GOLD

SUMMER CT

WINCHES
TER
D
R

GEORGE ST
AUTUMN
L
H
N

IGHLAND HO
ME R
D

FALLING LEAF LN
D
O
R
O
THY
A
N
NA
DR
O
M
A
R
ST

CATCHEN RD

BUNKER HILL RD

SPRING CT

WINTERBERRY CT

CORNUCOPIA CT

JACINTO VIEW RD

WINTERGREEN CT
SPRING
D
R
D
Y
S
A
R
T
D
R
M

OUNTA NI AVE

WESTERN SUNSET RD

COPPERLEAF LN

KINGSTON RD

COMSTOCK
RD

GOLDRUSH
PL

PRAIRIE
PL

FOOTHI L L
DR
G

OLDEN S
K
Y
C
T
KELLO
G
G
D
R
41S
T
S
T
40TH AVE
ALDER
C
T
LEGEND
Zone 4
TR 32109
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone4.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
1223
Landscape Maintenance Areas
LMD1 Proposed Zone 5
Riverside Co. GIS, July 2019

ECLIPSE
DR

WILSON ST

MOONBEAM DR
G
R
O
VE S
T

SUNRAY CT
S
TA
R
G
A
ZE WAY
DAWN
LN
LUNA
R LN
SIM
S
S
T
18TH S
T
19TH S
T
20TH S
T

SUNRISE AVE
HALFM
O
O
N
C
T
S
TA
RLIGHT
C
T

SILVER STAR
DR

SUNVIEW
DR
HARVE
ST M
O
ON LN
LEGEND
Zone 5
TR 23598
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone5.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
1224
L
andscapeMaintenanceAreas
LMD1ProposedZone6
Riverside Co. GIS, July 2019
B
R
YA
N
S
T

DRIFTWOOD CIR

HATHAWAY ST

LISA LN
C
H
A
R
L
E
S
S
T
W
E
S
L
E
Y
S
T
A
D
A
M
S
T
LEGENDZo
ne6
TR28252
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone6.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
1225
Landscape Maintenance Areas
LMD1 Proposed Zone 7
Riverside Co. GIS, July 2019

WILSON ST

PALM DR

HIGHLAND HO
ME R
D

HOFFER ST

DOROTHY
ANNA
D
R

CATCHEN RD

RED BLUFF LN

GILMAN ST

ELSIE LEE CIR
M
O
U
N
TAIN
AVE

TERRY LEE CIR
O
M
A
R
ST
SPRING
D
R

FALLING LEAF LN
ELM DR

WINTERGREEN CT CORNUCOPIA CT
DYSART
DR

WESTERN SUNSET RD

PEPPER LN
41S
T
S
T
ELISA
DAWN
DR

FOOTHILL
D
R

MERIDIAN AVE

CEDAR LN
LEGEND
Zone 7
TR 30793
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone7.mxd; Map Date 05 Nov 2019
I
0 250 500 750 1,000
Feet

CITY OF BANNING
1226
L
andscapeMaintenanceAreas
LMD1ProposedZone8
Riverside Co. GIS, July 2019
B
R
YA
N
S
T
C
H
A
R
L
E
S
S
T

HATHAWAY ST
V
I
C
T
O
RY
AV
E

DRIFTWOOD CIR

HARGRAVE ST

JUAREZ ST

HERMOSA AVE

LISA LN

CALDERON WAY
A
D
A
M
S
T
LEGENDZo
ne8
TR31834
TR31833
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone8.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
1227
L
andscapeMaintenanceAreas
LMD1ProposedZone9
Riverside Co. GIS, July 2019
C
H
A
R
L
E
S
V
I
C
T
O
RY
AV
E

HARGRAVE ST

HERMOSA AVE

CALDERON WAY
LEGENDZo
ne9
TR31835
LandscapedAreas
M:\GIS-Assessment\Banning\LMD1_Zone9.mxd; Map Date 05 Nov 2019 I
02505007501,000Fe
et

CITYOFBANNING
1228
Landscape Maintenance Areas
LMD1 Proposed Zone 10
Riverside Co. GIS, July 2019

RED BLUFF LN
D
Y
S
A
R
T
D
R

CYPRESS
ST
M
OU
NTAIN
AVE

GILMAN ST
P
E
P
PER LN
FO
O
T
HILL D
R
OAK LN

EVERGREEN LN
BILBER
RY
LN

PINE CIR
WILLO
W
PL

EUCALYPTUS
D
R

DAISY LN
S
Y
C
A
M
O
RE C
T

WOOD LN
G CT

CHESTNUT LN

CEDAR LN

MERIDIA
N
AVE
LEGEND
Zone 10
TR 30906
Landscaped Areas
M:\GIS-Assessment\Banning\LM
D1_Zone10.mxd; Map Date 05 Nov 2019
I
0 400 800 1,200
Feet

CITY OF BANNING
1229
C
PEPPER
GILMAN

WILLOW PL
OAK LN

CHESTNUT LN

CEDAR LN

RED BLUFF LN

PALM DR
LEGEND
Zone 11
TR 32370
Landscaped Areas
0 400 800 1,200
Feet
Landscape Maintenance Areas
LMD1 Proposed Zone 11

CITY OF BANNING
DY
M:\GIS-Assessment\Banning\LMD1_Zone11.mxd; Map Date 05 Oct 2023

FOOTHILL DR

PINE CIR

BILBERRY LN

MOUNTAIN AVE
LN
AMORE
Riverside Co. GIS, July 2019
1230

REQUEST FOR PROPOSAL

OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE -
DISTRICT NO. 1
RFP-24-061

CITY OF BANNING, CA
http://www.banningca.gov
RELEASE DATE: April 5, 2024
DEADLINE FOR QUESTIONS: April 25, 2024
RESPONSE DEADLINE: May 9, 2024, 11:59 pm
RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/banning-ca
1231
City of Banning

REQUEST FOR PROPOSAL

OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE -
DISTRICT NO. 1
I. Notice ........................................................................................

II. Introduction ..............................................................................

III. Prerequisites .............................................................................

IV. Scope of Work ...........................................................................

V. Vendor Questionnaire...............................................................

VI. Pricing Proposal.........................................................................

VII. Submission Instructions And Inquiries......................................

VIII. Evaluation Criteria.....................................................................

IX. Resulting Contract.....................................................................

X. Terms And Conditions...............................................................

Attachments:

A - Professional Services Agreement Sample
B - Appendix A - LMD No.1 Map
C - Additional Required Forms
D - Detail Price Proposal
E - Response To Question Two
1232
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 I. Notice

REQUEST FOR PROPOSALS (RFP)
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 Dear Proposers:

The City of Banning (hereinafter referred to as the “City”) is requesting proposals from a qualified public entity or private firm, to establish a contract for the scope of services outlined in this request for proposals.

NOTICE IS HEREBY GIVEN that online price and document submittals must be uploaded to the online bidding system in accordance with the instructions included herein, on or before the time and date set forth in the schedule of events. It shall be the responsibility of the proposer to upload their proposal before the announced time. However, responses may be submitted at any time prior to the deadline. (Submitted proposals may be withdrawn and resubmitted at any time prior to the deadline, and cannot be viewed by City staff until the close date and time.) SOLICITATION DOCUMENTS: To obtain a copy of the solicitation documents, please visit https://procurement.opengov.com/portal/banning-ca. If you are not currently registered with the City of Banning through OpenGov, please create an account and subscribe to this project for notifications. Proposals may only be submitted by companies who are listed as a prospective bidder on the electronic bidding website for each project that they wish to submit a response to.

Firms must also check the web site periodically for addenda information as failure to download and acknowledge any and all addenda in the submittal will result in proposer disqualification.

RESPONSIVE PROPOSALS: Once listed on the prospective bidders list, companies may submit their proposals on the electronic bidding system. The City will not accept proposals submitted by companies who are not on the prospective bidders list, or from companies who have submitted a proposal via facsimile, email, mail, or any other format not permitted by this solicitation.

Further instructions for submitting proposals are explained in this solicitation. Companies are to adhere to all of the submittal instructions and requirements outlined in this solicitation in order to be considered responsive to this request for proposals. 1233
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 II. Introduction
II.A Summary
The City of Banning (“City”) is seeking a qualified entity or individual (“Company”) to provide landscape maintenance services listed in the Scope of Work for District No. 1.

The City anticipates selecting one firm to perform these services on an annual basis (base year plus four (4) one-year optional renewals) starting on or about July 2024. The renewal period starts on July 1st and end on June 30th of each year. Pricing is to remain firm for the initial contract term. Should the option to renew for additional years be exercised, City and Company may negotiate any and all price modifications.

Proposals are requested from Companies that have a demonstrated ability to perform the tasks identified in this Request for Proposal (“RFP”).

II.B Background
The City of Banning is strategically located astride Interstate 10 between the Inland Empire and the Coachella Valley in the San Gorgonio Pass. The City, incorporated in 1913, has a rich and colorful history.

Initially Banning served as a stagecoach and railroad stop between the Arizona territories and Los Angeles. This history has contributed to the present-day spirit of pioneer resourcefulness and "can do" attitude that is so prevalent in the community.

Banning is a friendly and wholesome place to work and raise a family. Desirable executive housing is available, as well as moderate and lower income housing. Clean air, ample water supplies and the memorable and inspiring scenic vistas of both Mt. San Gorgonio and Mt. San Jacinto, the 2 tallest peaks in Southern California, are additional amenities which make the City of Banning a logical choice as a development opportunity in the Southern California area.

II.C Contact Information
Barbara Mason
Purchasing Manager
99 E. Ramsey Street
Banning, CA 92220
Email: [email protected]
Phone: (951) 922-3121
Department:

Purchasing Division
1234
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 II.D Timeline
This request for proposal will be governed by the following tentative schedule. All dates are subject to change at the discretion of the City.

Release Project Date April 5, 2024
Pre-Proposal Meeting (Mandatory) April 18, 2024, 10:00am Corner of W Wilson St & Highland Home Rd,
Banning, CA 92220
Question Submission Deadline April 25, 2024, 11:59pm
Proposal Submission Deadline May 9, 2024, 11:59pm
Anticipated Contractor Selection Date May 16, 2024
1235
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 III. Prerequisites
Proposals will only be considered from Companies that meet the following prerequisites:

III.A Years of experience
Have at least [five] (5)years’ of experience, within the past [five] (5)years under a legally registered business name, in providing landscape maintenance services of a similar type and scope as described in the Scope of Services. Have not filed for bankruptcy under any business name over the past five (5) years.

III.B ProcureNow Registration
Have created an account on OpenGov. Companies can register at:
https://procurement.opengov.com/portal/banning-ca
Once registered, Companies must download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Companies that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP.

III.C Mandatory Pre-Proposal Meeting
All prospective Companies must attend the mandatory pre-proposal meeting on Thursday, April 18, 2024 at 10:00 am to be held at:

Corner of W Wilson St & Highland Home Rd, Banning, CA 92220 Attendance is mandatory at the pre-proposal meeting job walk. The meeting will begin promptly at the time listed in the schedule. No admittance will be allowed once the meeting has begun.

Proposals from prospective Proposers not in attendance at this mandatory meeting and job walk will not be considered.

Many of the facilities are located along Wilson St. and see Appendix B, Attachment A for the location of all eleven Zones in the LMD No. 1.

III.D Licenses
Company and/or its key personnel, shall hold a C-27 Landscape Contractor's License, Certified Pesticide Applicator License, City of Banning Business License, and any other appropriate license for the Company’s discipline and the Services on the date the Proposal is submitted. A C-49 Tree & Palm Contractor's License will be required for any tree service above 15 feet.

III.E Department of Industrial Relations Registration
Company shall have registered with the Department of Industrial Relations and any other required organizations. DIR must be current prior to bid submittal. 1236
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 This RFP is a prevailing wage project, so the Contractor will follow all the rules and regulations established by the California Department of Industrial Relations (DIR) and other labor laws/codes.

III.F Bid Security Bond
No bid will be considered unless it is made on a proposal form furnished by the City. Each Bid must be accompanied by cash, a certified cashier’s check or bidders bond of the prescribed form and made payable to the City of Banning for an amount equal to ten percent (10%) of total bid for twelve months, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to furnish the required bonds and enter into a contract with the City within the period of time provided by the proposal requirements.
1237
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 IV. Scope of Work
IV.A OVERVIEW
A. The Contractor shall furnish all labor, tools, materials, and equipment to provide landscape maintenance services as set forth in these specifications.

B. All work shall be done in a thorough and workmanlike manner to the satisfaction of the City Engineer, or their authorized agent, and comply with legal landscape maintenance practices. All work shall not be considered complete until verified by the City Engineer or their authorized agent. The premises shall be maintained at the level of service provided for in these specifications at all times.

C. The Contractor shall have the duty to provide weekly/biweekly/monthly complete landscape maintenance of all work sites listed in Facilities Description Section (below), and any others added in the future. When additional tracts, or portions thereof, are accepted by the City and become part of Landscape Maintenance District No. 1, the City and Contractor shall negotiate a fair and reasonable cost to compensate the Contractor for the newly assigned work.

D. The Contractor shall be available twenty-four (24) hours a day, seven (7) days a week to respond to all emergencies within two (2) hours of notification.

E. The Contractor shall perform a weekly/biweekly/monthly maintenance inspection, during daylight hours, of all areas. Such inspection shall be both visual and operational. It shall include, but not be limited to, the operation of all irrigation systems, and checking maintenance, repairs, and replacement of existing landscaped areas, which are maintained under this contract. Any improvement on the project site shall be approved by City prior to commencement of improvement, for which City will respond or give approval within a reasonable time, unless it is in an emergency situation. The Contractor shall provide all proper documentation for all purchases which shall be presented to City as soon as possible. All expenditures will be recorded and reimbursed by City on a quarterly basis.

F. Contractor must provide a description of local resources available to provide emergency and backup resources.

G. Contractor must demonstrate the ability to provide necessary support services during the time of the contract.

H. The Contractor will need to follow the new California AB 1346 starting July 1, 2024.

I. California SB 1383 disposal methods is the preferred method for all waste that meets these guidelines.
1238
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 IV.B FACILITIES DESCRIPTION
A. Landscape Maintenance District No. 1 (the “District”) currently consists of 17 accepted tracts: Tract Nos. 21882, 22810, 22811, 22913, 23446 (including the median on Highland Home Road), 23598 (includes frontage of several homes along Moonbeam Drive), 28252, 29721, 30186, 30222 (including Richard Sanchez Park), 30793, 31833, 31834, 31835, 32109, 32370, and 30906 (portion of this tract that has been accepted by the City). This includes the maintenance of existing and proposed public landscaping and storm drain facilities (including detention/retention basins) installed and constructed within the public places. For the specific locations, the location map for the tract sites is enclosed as Appendix “A”. The purpose of Landscape Maintenance District No. 1 is for the maintenance and servicing of landscape medians and parkways, perimeter strips and backup walls, landscaped hillsides with high visibility, side slopes adjacent to sidewalks, flood detention or retention basins, and the irrigation of the above facilities.

B. When additional tracts, or portions thereof, are accepted by the City of Banning and become part of Landscape Maintenance District No. 1, the City and Contractor shall negotiate a fair and reasonable price (based on labor costs, needed planting materials, square footage of area, current costs, etc.) to compensate the Contractor for the newly assigned work. Note: The City shall decide if any of the above mentioned tracts will be maintained by Public Works Department staff. If City staff maintains a particular tract or any portion thereof, the bid amount for that tract or area (if a portion, the price will be negotiated) will be deducted from the contract award amount. Thus, the scope of services could be reduced by the City at any time during the life of the contract. The City reserves the right to not award any initial contract at all. If a Tract is being rehabilitated or reconstructed and thus the irrigation and plant material are being removed and newly installed, the landscape maintenance of this Tract will be temporarily removed from the Scope of Work and no compensation shall be made on that Tract or portion thereof until the City Engineer notifies the Contractor to resume its’ maintenance.

IV.C QUALITY CONTROL
A. The Contractor shall prepare and provide an Inspection/Checklist Form for each Zone/Tract area as approved by the Public Works Director/City Engineer or their designee. The Contractor’s personnel will use this form to reflect services performed and any exceptions to the requirements. Additionally, both the Contractor’s Supervisor and Public Works Director/City Engineer or their designee evaluating the effectiveness and adequacy of services performed, will use this form. This form will be completed weekly and be kept by the Public Works Director in an appropriate binder. A copy of the inspection/checklist will be forwarded to the Public Works Director/City Engineer and/or their designee on a weekly basis.

B. Contractor shall submit detailed description of all hiring, training, testing, and disciplinary policies and procedures used by this firm, prior to the contract award. 1239
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 IV.D ADDITIONAL WORK
A. The City Engineer may authorize the Contractor to perform additional work. Additional work shall be defined as work not included in these specifications with the exception of additional tracts, or portions thereof, which may be added.

B. Prior to the Contractor performing any additional work, the Contractor shall prepare and submit a written description of the work with an estimate of labor and materials cost. No work shall commence without written authorization from the City Engineer, or their designee. In the event that conditions exist where there is imminent danger of injury to the public or damage to property, the City Engineer may verbally authorize the work to be performed upon receiving a verbal estimate from the Contractor. Within twenty-four (24) hours after receiving verbal authorization, the Contractor shall submit a written estimate to the City Engineer for written approval.

C. Written authorization for additional work from the City Engineer, or their designee, shall be by the issuance of a Change Order. This Change Order shall be considered an amendment to the Contract Agreement and approved by both the City Engineer and Contractor.

D. All additional work shall commence on the specified date established and shall diligently proceed until completion.

E. Upon completion of the additional work, the City Engineer or their designee shall be notified so that the work may be verified.

F. The Contractor shall submit an invoice for compensation with attached photocopies of original invoices for materials. Compensation shall not exceed the written estimate. The contractor’s invoice shall be subject to audit and review by the City prior to payment.

G. The City of Banning reserves the right to repair and/or contract with a third party to perform such additional work.

H. Price Proposal Section: include a price list of all the different labor rates and a percentage markup from the Manufacturer Suggested Retail Price (MSRP) on plants and materials.

Additional work quotes will be based on the pricing schedule submitted.

IV.E CONTRACTOR LIABILITY
A. All damage to existing improvements (turf, shrubs, trees, curb, gutter, sidewalk, sprinkler systems, etc.) located within areas, and adjacent to areas under maintenance, which in the opinion of the City Engineer are due to the Contractor’s operation, shall be repaired or replaced at the Contractor’s expense with similar materials and in an approved manner.

B. Such repairs and/or replacement shall be performed by the Contractor at no cost to the City, and shall be accomplished as directed by the City Engineer or their representative.

Repairs shall be made immediately after damage or alteration occurs. Deductions shall be 1240
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 made from the Contractor’s payment in the amount necessary to compensate the City for such repairs in the event such repair work is done by City forces or another source or is found to be unsatisfactory as stated in the Contractor Noncompliance Section.

C. Irrigation damage shall be repaired or replaced within the following time limits:

1. Mainline irrigation breaks shall be repaired within two (2) hours.

2. All other irrigation repair and/or replacement shall be completed within one (1) working day.

D. All damages to turf, ground cover, shrubs or trees shall be repaired or replaced by the Contractor within five (5) working days at no cost to the City.

1. Damage to turf shall be repaired by replacement with the appropriate variety of sod; reseeding shall not be considered as an adequate repair.

2. Damage to ground cover shall be repaired by replacement with the appropriate variety of plant material. Size and spacing shall be determined by the City Engineer.

3. Damage to shrubs may be corrected by appropriate pruning; however, if in the opinion of the City Engineer the damage is severe, the shrub shall be removed and replaced with a similar variety and size.

4. Damage to trees shall be repaired in the following manner:
a. Minor damage such as bark lost from mechanical equipment shall be remedied by a qualified Tree Surgeon or Arborist.
b. If the damage results in the loss of the tree, or a recommendation of removal, the damaged tree shall be removed and replaced with a similar variety and size.

5. All damage resulting from chemical application and/or operation, either by spraydrift, improper application, lateral leaching, or other means, shall be corrected in accordance with the previous provisions and the soil conditioned to ensure its ability to support plant life.

E. Damage to large tree(s) or shrub(s) may be replaced with a smaller tree or shrub, per the direction of the City Engineer. The City Engineer will provide a list of approved tree or shrub species. The cost of tree stump grinding (if required) and any other costs to restore the site are at the Contractor's expense.

F. Report all damages, homeless encampments, unsafe working conditions (due to hazardous materials, bio-hazardous, and etc.) to the City for inspection ASAP.

IV.F INSPECTION
A. The City shall inspect the work area to insure adequacy of maintenance and methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor of any duty under this contract. Discrepancies and 1241
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 deficiencies in the work shall be brought to the attention of the Contractor and corrected in the manner agreed to by the City Engineer.

B. Once the Contract has been awarded, the Contractor shall inspect the LMD No.1 for missing plants, ground cover, shrubs, irrigation materials, etc. and provide such inventory list along with a cost estimate for installation of each item, to the City Engineer for approval. Such inventory list will then be due by April 1st of each year beginning on April 1, 2025 after the initial punch list is made for the newly awarded contract.

1. It shall be the Contractor’s responsibility to inspect, and identify, any condition(s) that renders any areas within this Contract Agreement unsafe, as well as any unsafe practices occurring thereon. The City Engineer shall be notified immediately of any unsafe condition that requires correction.

2. The Contractor shall be responsible for making minor corrections including, but not limited to filling holes in landscaped areas and paving, using barricades or traffic cones to alert persons of the existence of hazards, and replacing valve box covers.

3. The Contractor shall inspect all work sites for hazards, or potential hazards on a daily basis.

4. During the required inspection of all work sites for hazards, or potential hazards, the Contractor shall keep a log indicating the date the area was inspected, any unsafe conditions found, and the action taken.

5. The Contractor shall cooperate fully with the City of Banning in the investigation of any accidental injury or death occurring on the premises, including the submission of a complete written report thereof to the City Engineer within five (5) days following the occurrence.

IV.G SAFETY
A. The Contractor shall perform all work outlined in these specifications in such a manner as to provide maximum safety to the public, and meet all accepted standards for safe practices during the maintenance operation, to safely maintain equipment, machines and materials or other hazards consequential or related to the work. The contractor shall have sole responsibility for complying with all local, County, State or other legal requirements including, but not limited to CAL-OSHA.

B. The City Engineer or their designee, reserves the right to issue restraint, or cease and desist orders, to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of work under this contract.

C. The Contractor shall so conduct its operation as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall furnish, erect and maintain such fences, barriers, lights and warning signs as deemed necessary by the City Engineer or their designee.
1242
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 D. The Contractor must abide by the provisions of the “WORK AREA TRAFFIC CONTROL HANDBOOK” (WATCH) published by Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034 (213) 202-7775.

E. High Level Warning Devices provide advance warning of a work area by being visible to a driver even when the work area is obstructed from view by vehicles or construction equipment.

1. High level warning devices shall be used where indicated by the City Engineer, such as, at street approaches to locations where construction or maintenance work is being performed within or immediately adjacent to a traffic lane.

2. High level warning devices shall be at least 9 feet high with legs base, or truck mounting designed to resist overturning in brisk winds. Sandbags may be used to add weight to the base or legs. High Level Warning devices shall be equipped with a yoke at the top to accommodate at least three flags. Flags shall be fabricated of high visibility orange material and equipped with stays to keep flags extended. Torn or dirty flags shall be immediately replaced.

3. The warning signs are intended to be permanently mounted to the High Level Warning Device. These signs must be approved by the proper authorizing agency.

When required, all signs must be provided, installed and maintained by the Contractor. No signs or supports shall bear any commercial advertising. These warning signs shall be high visibility orange material with black lettering.

4. Signs shall be installed immediately before work is to commence and must be removed immediately after work is complete.

5. The location of the signs will depend upon alignment, grade, location of street intersections, and posted speed limit. Signs shall face and be visible to oncoming traffic and be mounted so as to resist displacement. The center of the warning sign shall be at least 4 1/2 feet above the roadway. The Advance Warning signs shall be located on the right hand side of traffic lanes. Minimum Sign Placement From Work Area are listed as follows:

I. Traffic Speed Advancement Warning Sign
Placement 25
MPH 150 FT.
30 MPH 200 FT.
35 MPH 250 FT.
40 MPH 350 FT.
45 MPH 550 FT.
1243
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 IV.H REMOVING OBSTRUCTIONS AND MAINTENANCE OF EXISTING

IMPROVEMENTS
A. When the work hereunder involves performance upon City property, and when the proper completion of the said work requires the temporary or permanent removal of Improvements, the Contractor shall, at their own expense, remove, and without unreasonable delay temporarily or permanently replace or relocate to the satisfaction of the City and of any other person or agency having jurisdiction, all water pipes, drainage lines, irrigation lines, conduits, culverts, driveways, fences, wires, poles, retaining walls, curbs, gutters, concrete walks, trees, shrubs, lawns and all other improvements. All such improvements temporarily removed shall be maintained until permanently replaced, all at the Contractor’s expense.

B. Where the work is to be constructed in, or adjacent to, areas which have been improved by lawns, trees, shrubs, or gardens, the Contractor shall remove such trees or plants as may be necessary for the prosecution of the work and give them proper care and attention until the work has been satisfactorily completed, after which the Contractor shall replace them in as nearly the original condition and location as is reasonably possible. Where it is necessary to deposit the excavated materials on the lawns during the process of construction, the Contractor shall first lay burlap or canvas on the lawn to prevent contact between the excavated material and the lawn.

C. Unless otherwise indicated in the contract documents all utility lines, conduits, wires, or structures shall be maintained by the Contractor and shall not be disturbed, disconnected, or damaged by them during the progress of the work, provided, that should the contractor in the performance of the work disturb, disconnect, or damage any of the above, all expense arising from such disturbance, or in the replacement or repair thereof, shall be borne by the Contractor. However, in accordance with Section 4215 of the California Government Code, the Contractor shall be compensated for the cost of locating and repairing damage to main or trunkline utility facilities located on the job site, not due to the failure of the Contractor to exercise reasonable care; for costs of removing or relocating such utility facilities not indicated in the contract documents with reasonable accuracy; and for the operation cost for equipment on the project necessarily idled such work.

D. At least two working days prior to commencing any excavation pursuant to this Contract, the Contract shall contact Underground Service Alert or other appropriate regional notification center if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations.

IV.I WORK SCHEDULE
A. The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 AM and 6:00 PM, Monday through Saturday. The City Engineer may grant, on an individual basis, permission to perform contract maintenance 1244
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 during other hours. No maintenance functions that generate excess noise, which would cause annoyance to residents, shall commence before 8:00 AM. The Contractor shall establish a schedule of routine work at each Zone to be followed in the performance of this contract, and submit such schedule to the City Engineer.

B. Within ten (10) days after the start of the maintenance contract, the Contractor shall submit to the City Engineer weekly detailed job schedule, names and titles of all persons working on the project. Materials and/or chemicals to be used on any site shall be approved by the City Engineer or their representative. The City Engineer shall be notified within five (5) working days of any deviation from this schedule or material usage.

C. The Contractor shall maintain and keep current a report form that records all on-going, seasonal and additional work maintenance functions performed on a daily basis by the Contractor’s personnel. Said report shall be in a form and content acceptable to the City Engineer and shall be submitted to the City Engineer monthly. The monthly payment will not be made until such report is received by the City Engineer.

IV.J CONTRACTOR STAFF
A. The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing high quality and on schedule work required under this contract during the prescribed hours.

B. The Contractor shall have competent supervisors, who may be working supervisors, on the job at all times. Work that is being performed must be by those who are capable to communicate effectively both in written and oral English, and discuss matters pertaining to this contract. Supervisors must be able to demonstrate to the satisfaction of the City Engineer that they possess adequate technical background. Any order or communication given to the supervisor shall be deemed as delivered to the Contractor.

C. The Contractor, and their employees, shall conduct themselves in a proper and efficient manner at all times and shall cause the least possible annoyance to the public. The City Engineer may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City of Banning.

D. The Contractor shall require each of their employees to wear basic public works working attire. This includes proper shoes, and other gear required by the State Safety Regulation, and proper wearing of the clothing. Shirts shall be worn and buttoned at all times; safety vests are required when indicated by the Work Area Traffic Control Handbook.

IV.K STORAGE FACILITIES
A. The City of Banning shall not provide any storage facilities for the Contractor. 1245
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 IV.L SIGNS
A. The Contractor shall not post signs or advertising matter upon the areas under maintenance unless prior written approval is obtained from the City Engineer.

B. The Contractor shall, at all times, remove all unauthorized signs and advertising matter in the area under maintenance.

IV.M LOCKS AND KEYS
A. Where City of Banning locks and keys are required as part of this contract, the Contractor shall:

1. Not duplicate any coded City key furnished by the City for access and operation of the controller.

2. Surrender all keys furnished by the City promptly at the end of the contract period, or at any time deemed necessary by the City Engineer to prevent loss to the City of Banning.

3. Protect the security of City property by keeping controller cabinet and enclosure doors locked at all times.

4. Refrain from using premises behind locked doors for storage of materials, supplies or tools except as approved by the City Engineer.

IV.N UTILITIES
A. The City of Banning shall pay for maintenance related water and electrical utilities.

B. Water usage shall not exceed the amount required to comply with irrigation schedules established by the Contractor and approved by the City Engineer.

C. The Contractor may be required to pay for excessive utility usage due to the Contractor’s failure to monitor irrigation system malfunctions or unauthorized increases in water usage.

D. The excess cost will be determined by comparing the current usage with historical usage for the same time period.

E. The excess cost factor may be deducted from payments to the Contractor; however, the Contractor will be allowed to explain the increase in utility usage prior to the determination that a deduction is warranted.

IV.O NON-INTERFERENCE
A. The Contractor shall not interfere with the public use of the premises, and shall conduct their operations so as to offer the least possible obstruction and inconvenience to the 1246
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 public, nor disrupt the peace and quiet of the area within which the services are performed.

IV.P PARKING
A. The Contractor’s vehicles and equipment shall not be parked or set in such a manner that they block pedestrian access or vehicular right-of-way except as required to comply with all safety standards of CAL-OSHA.

IV.Q USE OF CHEMICALS
A. The City of Banning under the new 2024 NPDES Permit is required to implement an Integrated Pesticide Management (IPM) program to reduce the use of pesticides and fertilizers. The Contractor shall submit a list of all chemical herbicides, pesticides and rodenticides proposed for use under this contract for approval by the City Engineer upon award of the contract. Materials used shall be limited to chemicals approved by the State of California Department of Food and Agriculture. The list shall include the exact brand name and generic formulation. The use of a chemical on the list shall be based on the recommendations of a licensed pest control advisor. The Contractor shall provide a list of pesticide applicator personnel and a copy of their Qualified Applicator license, issued by the Dept. of Pesticide Regulation Licensing to the City each year of the Contract. All staff applying pesticides are certified under the California Department of Pesticide Regulation or are under the direct supervision of a certified pesticide applicator B. The IPM requires that the contractor shall eliminate the application of pesticides and fertilizers (1) when two or more consecutive days with greater than 50% chance of rainfall are predicted by the National Oceanic and Atmospheric Administration, (2) during the 48 hours following a 0.5-inch rain event, or (3) when water is flowing off the area where the application is to occur.

C. The use of chemicals shall conform to the current County of Riverside Agriculture Commissioner regulations.

D. No chemical herbicide, rodenticide, or pesticide shall be applied until its use is approved, in writing, by the City Engineer as appropriate for the purpose as proposed.

E. Submit Safety Data Sheet (SDS) (formerly MSDS) to the City for approval.

IV.R DISEASE AND PEST CONTROL
A. The Contractor shall regularly inspect all landscaped areas for the presence of disease, snail, insect or rodent infestation. The Contractor shall advise the City Engineer within five working (5) days when any disease, snail, insect or rodent infestation is found; they shall identify the disease, snail, insect or rodent and specify control measures to be taken. Upon written approval of the City Engineer, the contractor shall implement the 1247
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 approved control measures, exercising extreme caution in the application of all spray materials, dusts or other materials utilized.

B. Approved control measures shall be continued until the disease, snail, insect or rodent is controlled. The Contractor shall utilize all safeguards necessary during disease, snail, and insect or rodent control operations to ensure safety of the public and the employees of the Contractor.

C. The Contractor shall perform at their sole expense the following services:

1. All work involving the use of chemicals will be accomplished by a State of California licensed pest control operator. A written recommendation by a person possessing a valid California Pest Control Advisor License is required prior to chemical application.

2. All chemicals requiring a special permit for use must be registered by the Contractor with the County Agricultural Commissioner’s Office and a permit obtained with a copy to the City Engineer prior to use. Pesticide application employees are trained and certified under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) requirements and the California Food and Agriculture Code. A copy of this license shall be given to the City Engineer to comply with the City’s NPDES Permit.

3. A copy of all forms submitted to the County Agricultural Commissioner shall be given to the City Engineer on a monthly basis.

4. All regulations and safety precautions listed in the “Pesticide Information and Safety Manual” published by the University of California will be adhered to.

IV.S WEED AND TRASH CONTROL
A. For the purpose of these specifications, a weed will be considered as “any undesirable or misplaced plant.” Trash shall be considered garbage or debris should as discarded food or items, plastic straws or bags, etc.

B. All areas within the specified maintenance area, including but not limited to, turf grass, shrub and ground cover areas, banks, planters, and hardscape areas shall be kept free of weeds and trash at all times.

C. Weed removal shall consist of complete removal of all weeds, including top growth and roots, as the weeds appear.

D. Weed and trash control shall be performed a minimum of one (1) time per week when the grass is mowed weekly. It shall be tied into when the grass is mowed, so if the grass is mowed less frequently, so too will the trash pickup. They shall be done on the same frequency.

E. Bare areas between plants shall be cultivated by hand /every six weeks and as requested by Public Works Dept. staff basis.
1248
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 F. Weeds shall be controlled either by hand, mechanical or chemical methods; however, the City Engineer may restrict the use of chemical weed control in certain areas. Trash shall be removed by hand.

IV.T METHOD OF IRRIGATION
A. Irrigation shall be done by the use of automatic or manual sprinkler systems where available and operable.

B. All areas receiving marginal coverage shall be irrigated by a portable irrigation method.

The Contractor shall furnish all hoses, nozzles, sprinklers, etc., necessary to accomplish this supplemental irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures.

C. Require a Certified Irrigation Technician (CIT) or equivalent in maintaining the irrigation system.

IV.U INITIAL IRRIGATION INSPECTION
A. The Contractor shall initially inspect and familiarize themself with the entire irrigation system at all work sites and identify all needed repairs.

B. Required repairs and associated costs (cost estimate) shall be submitted to the City Engineer in a written statement within two (2) weeks after the start date of the Landscape Services Contract. If a written statement documenting the required repairs is not received by the City Engineer within the stated time frame, the entire system shall be interpreted as being fully operational.

C. The City shall review and verify all submitted repairs. Repairs may be completed by the following methods:

1. Authorize the Contractor to make appropriate repairs at the expense of the City as described in Facilities Description Section.

2. Use City forces to make the required repairs.

3. Use another source to make the required repairs.

D. Upon completion of such repairs the Contractor shall sign-off each area as being fully operational.

IV.V IRRIGATION INSPECTIONS, MAINTENANCE AND REPAIRS
A. The Contractor shall file a monthly statement with the City Engineer reporting all system malfunctions, damage and obstructions, noting when corrective action was taken and certifying that all irrigation systems are functioning properly. 1249
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 B. The Contractor shall inspect the operation of the irrigation system weekly for any malfunctions. In addition to regular testing, all irrigation systems shall be tested and inspected as necessary when damage is suspected, observed or reported.

C. The Contractor shall maintain all irrigation systems, at no additional cost to the City, in such a way as to:

1. Guarantee proper coverage and full working capability.

2. Make whatever adjustments may be necessary to prevent overspray or excessive runoff into street right-of-ways or other areas not meant to be irrigated. Water conservation measures will be complied with.

D. The Contractor shall repair or replace inoperable irrigation equipment to maintain a fully operational system, including but not limited to, pressure pipes from the water meter to the control valves, all irrigation pipes, all manual and automatic valves, backflow devices, filters, strainers, pressure regulators, sprinkler heads, irrigation clamps and stakes, antidrain valves, quick couplers, electrical wiring from the controller to the solenoid valves, emitters, drippers, valve boxes, controllers, valve markers, batteries, fittings and risers.

1. Maintenance includes, but is not limited to; tightening of loose fittings and packing nuts; flushing sprinkler heads, pipes, nozzles, valves, filters, strainers and backflow devices; adjusting sprinkler heads, anti-drain valves and pressure regulators, adjusting and lubricating controllers; and cleaning drip emitters.

E. Irrigation repairs shall be made within the following time limits:

1. Mainline irrigation breaks shall be repaired within two (2) hours of identification or notification.

2. All other irrigation repairs shall be made within one (I) day of identification or notification.

F. Replacement of irrigation components shall be with originally installed materials of the same size and quality. Substitutions must be approved by the City Engineer in writing prior to installation.

IV.W CONTROLLER PROGRAMMING
A. The City Engineer may change the irrigation schedule as the need develops.

B. Adequate soil moisture will be determined by programming the automatic sprinkler controllers as follows:

1. Whenever possible, automatic irrigation shall be programmed to operate between the hours of 10:00 PM and 6:00 AM. The Contractor shall turn off all irrigation systems during periods of rainfall and/or times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of good horticulturally acceptable maintenance practices. If water is found running, an equitable amount may be deducted from the Contractor’s payment. 1250
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1

2. In areas where wind creates problems of spraying water onto private property or road rights-of-way, the controllers shall be set to operate during the period of lowest wind velocity which would normally occur at night.

3. Consideration must be given to the soil conditions, seasonal temperatures, wind conditions, humidity, runoff and erosion potential and the relationship of conditions which affect day and night watering.

4. Extremely close attention shall be paid to the demands of the plants as influenced by their exposure to sun or shade. Also, the variation in the size of plants, as well as varietal differences must be considered.

5. The irrigation system will be controlled by the Contractor in such a way as not to cause an excessively wet area, which could interfere with the Contractor’s ability to mow all turf.

6. A soil probe shall be used to a depth of twelve (12) inches to determine the water penetration by random testing of the root zones.

C. All landscaped and turf areas shall be irrigated as required to maintain adequate growth and appearance with a schedule most conducive to plant growth.

IV.X IRRIGATION CONTROLLER LOG BOOK
A. The Contractor shall furnish and maintain a controller logbook inside each controller cabinet in a waterproof packet.

B. A controller schedule for each controller shall be submitted to the City Engineer for review and approval within two (2) weeks after the start date of the Landscape Contract.

C. This controller schedule shall be entered into the logbook upon approval. An entry shall be made in the logbook each time a controller program is checked, or a setting is changed.

D. All changes in the controller schedule shall be submitted and approved by the City Engineer prior to implementation of the requested change.

E. The log book shall record the date of the controller program check or change, the results of the program check or reasons for a program change, and the name and initials of the person responsible for the check or change.

F. Upon completion or termination of the Contract Agreement, the logbook shall become the property of the City of Banning.

IV.Y TURF GRASS CARE
A. Turf Grass Mowing:

1. The Contractor shall mow all turf grass with adequately sharpened reel or rotary type mowers as to provide a smooth and even cut without tearing of turf grass blades. 1251
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1

2. The blade adjustment shall provide a uniform, level cut without ridges, depressions, or scalping.

3. All turf grasses shall be cut at a height between one and three-quarter (1-3/4) and two (2) inches with a rotary type mower throughout the year.

4. Turf grass mowing height adjustments during periods of renovation shall be approved by the City Engineer.

5. All turf grass clippings shall be picked up and removed to a legal dumping site prior after each mowing.

6. Care shall be exercised to avoid depressions in the established grade from mowing when the soil is saturated.

7. A mowing schedule, established by the Contractor and approved by the City Engineer, shall be maintained. All areas shall be mowed per the frequency stated on the Bid Sheet, depending on the Zone; however, the Contractor may request alteration of this mowing frequency during period of inclement weather or slow growth. The mowing schedule will be less frequent during slow growth seasons and the height of grass per Item No. 3 above will also dictate the frequency.

B. Turf Grass Edging and Trimming

1. Turf grass edging and trimming shall be performed weekly/biweekly/monthly at the time of mowing. This schedule will be less frequent during slow growth seasons and will match the mowing schedule.

2. Edging of turf grass shall be performed with a power edger containing a steel blade.

3. All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds and where no improved surface exists, shall be edged in a neat uniform line.

4. Trimming of turf grass shall be performed along walls, and around valve boxes, water meter boxes, backflow devices, trees, shrubs, or any structures located within the turf grass area.

5. A four (4) inch barren strip shall be provided, and maintained, between turf grass areas and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.

6. Trimming of plant material may be required around sprinklers to provide maximum irrigation coverage.

7. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site.

8. After mowing and edging are completed, all adjacent walkways and gutters shall be swept clean.

C. Turf Grass Fertilization
1252
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1

1. The turf grass shall be fertilized four times a year to provide a healthy and vigorously growing turf grass with horticulturally acceptable growth and color.

2. Fertilization shall be performed with a balanced fertilizer, consisting of 16-6-8 ratio, at a rate of one (1) pound of actual Nitrogen per 1,000 square feet of area.

3. The Contractor shall notify the City Engineer, in writing, five (5) working days prior to any fertilizer application. This written document shall include the location and date the fertilizer application will be performed and the type of fertilizer and method of application to be used.

4. The Contractor shall immediately irrigate after each fertilizer application.

5. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.

D. Turf Grass Renovation

1. All turf grass shall be renovated annually.

2. Renovation shall consist of aerating, verticutting, thatch removal and overseeding.

3. The Contractor shall notify the City Engineer, in writing, five (5) working days prior to any renovation operation. This written document shall include the location and date the renovation will be performed and the type of equipment and materials to be used.

4. The Contractor shall remove all renovation-generated debris from the work site the day of the renovation operation and prior to vacating the work site.

5. Aerating shall be performed between March 1 and March 31, and shall be performed with an aerator machine which has one-half (1/2) to one (1) inch in diameter coring tines spaced no more than six (6) inches apart. The machine shall remove cores from the turf a minimum of two (2) inches in length.

6. Overseeding shall be performed within two (2) days after verticutting with properly calibrated seeders.
a. Turf grass shall be overseeded at a rate of eight (8) pounds of seed per 1,000 square feet. Certified Perennial Ryegrass shall be used. Seed tags shall be provided to the City Engineer.
b. The overseed shall be covered with one-eighth (1/8) inch of topper. The topper must be approved by the City Engineer and not contain Steer Manure.

7. Reseeding of bare spots shall be performed continually throughout the year to re-establish turf to an acceptable quality.
a. Reseeding shall be performed with certified turf grass seed similar to the established turf at a rate of eight (8) pounds per 1,000 square feet. 1253
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 b. Seed shall be topped with one-eighth (1/8) inch of topper. The topper must be approved by the City Engineer and shall not contain Steer Manure. c. The City Engineer may require the use of sod when deemed necessary. Provided that the loss of turf grass was not due to the negligence of the Contractor, the Contractor shall be entitled to the wholesale cost of the sod only.

IV.Z GROUND COVER CARE
A. Ground covers are low growing plants that grow in colonies to form a solid mat over the surface of the ground. The plants give a flat or two-dimensional effect to the landscape, such as, but not limited to arctotheca, gazania, vinca, baccharis, ivy trachelosperum, and varieties of ice plant.

B. Edging and Trimming of Ground Cover.

1. Edging of ground cover areas shall be performed once every six weeks, unless Public Works Dept. staff requests more often, as needed during growing seasons.

2. All ground cover adjacent to sidewalks, curbs, mowing strips, or where no improved surface exists, shall be edged in a neat, uniform line.

3. All ground cover shall be continually trimmed at the dripline of all shrubs.

4. All ground cover shall be continually trimmed along walls, valve boxes, water meter boxes, backflow devices, or other structures located within the ground cover areas.

5. Trimming of ground cover may be required around sprinklers to provide maximum irrigation coverage.

6. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to the Contractor vacating the work site.

7. After edging or trimming, the Contractor shall sweep clean all adjacent sidewalks or gutters.

C. Cultivation of Ground Cover Areas.

1. The open soil between plants shall be cultivated (every six weeks) where the planting permits.

D. Renovation of Ground Cover Areas.

1. Ground cover plantings shall be thinned and pruned for the health of the planting and the appearance of the site.

E. Replanting of Ground Cover Areas.

1. Replanting shall be required to maintain the continuity of the ground cover area.

Replacement material costs shall be incurred by the City; however, labor shall be provided by the Contractor at no additional cost to the City.

F. Ground Cover Fertilization.
1254
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1

1. The ground cover shall be fertilized to provide a healthy and vigorously growing ground cover with horticulturally acceptable growth and appearance.

2. Fertilizing shall be performed with a balanced fertilizer, consisting of a 16-6-8 ratio, at a rate of one (1) pound actual Nitrogen per 1,000 square feet.

3. The Contractor shall immediately irrigate after each fertilizer application.

4. All fertilizer applications shall be performed with properly calibrated equipment to provide a uniform application.

5. The Contractor shall notify the City Engineer, in writing, five (5) working days prior to any fertilizer application. This written document shall include the location and exact date of the fertilizer application and the type of fertilizer and method of application to be used.

IV.AA SHRUB CARE
A. Pruning of Shrubs

1. All shrubs shall be pruned annually in February, or more frequently if needed, to encourage healthy growth habits, removal of dead or damaged branches and maintain natural shape.

2. Shrubs shall be pruned with sharp pruning tools.

3. Shrubs shall be pruned, as necessary, to prevent encroachment of passageways, walks, streets, and view of signs.

4. All pruning cuts shall be one-quarter (1/4) inch above a node (bud). No projections or stubs shall be allowed to remain.

5. The Contractor shall remove all clippings the same day shrubbery is pruned and prior to vacating the work site.

6. Pruning shall be done to maintain a well-groomed, laced-out appearance, and encourage air movement through the shrub.

7. Shearing, hedging or severe pruning shall not be permitted without prior written permission from the City Engineer.

8. The Contractor shall notify the City Engineer five (5) working days prior to the annual pruning, in writing, stating the exact location and date the annual pruning shall be performed.

B. Shrub Fertilization

1. Shrubs shall be fertilized as necessary to maintain horticulturally acceptable health and color. Foliar fertilization may be performed when appropriate.

C. Shrub Replacement.
1255
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1

1. All damaged, diseased (untreatable) or dead shrubs shall be replaced with the exact same species and size of plant material that existed.

2. Substitutions for any plant materials must have prior written approval by the City Engineer.

3. Original plans and specifications shall be consulted to determine correct identification of species.

4. All shrubs shall be guaranteed to live and remain in a healthy condition for no less than six (6) months from the date of installation, inspection and verification by the City Engineer.

D. Care shall be taken to prevent soil build-up around the crown of shrubs.

IV.BB TREE CARE
A. Tree Trimming

1. The Contractor shall be responsible for all tree trimming to a height of twenty (20) feet. Palm Trees shall be trimmed annually.

2. All trees in the work site shall be maintained in their natural shapes. This work shall be accomplished in a manner which will insure that each individual tree is trimmed carefully to promote the tree’s health and appearance.

3. All work shall be of the highest quality and performed in accordance with approved professional tree trimming standards.

4. All trees shall be pruned to remove or prevent encroachment where it blocks vision, or encroaches in any manner deemed undesirable by the City Engineer.

5. All trees shall be maintained free of dead, diseased and damaged branches back to the point of breaking. Cuts must be made flush with the parent limb, or trunk to promote proper healing.

6. All sucker growth is to be removed from trees as it occurs.

7. The Contractor shall maintain all branches to avoid encroachment on sidewalks and curb lines at a height less than ten (10) feet.

8. All branches which encroach over private property shall be removed as directed.

B. Tree Staking

1. The Contractor shall, at no additional cost to the City, stake and tie all trees which require support.

2. Tree stakes shall be treated lodgepole pine (to industry standards) not less than eight feet (8’) in length for five-gallon size trees, and not less than ten feet (10’) for fifteengallon size trees. Two (2) tree stakes are required per tree. 1256
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1

3. Guide wires will be of pliable, zinc-coated ten-gauge wire (three ties per tree), and should have a white P.V.C. sleeve for visibility.

4. Trees shall be secured to stakes with cinch ties or equivalent and shall be removed at the direction of the City.

5. Stakes shall not be placed closer than eight (8) inches from the tree trunk.

6. Stakes and ties shall be placed so no chafing of bark occurs and shall be checked frequently, and re-tied as necessary, to prevent girdling.

C. Tree Replacement

1. The Contractor shall be responsible for the complete removal and replacement of trees lost due to the Contractor’s faulty maintenance or negligence, as determined by the City Engineer.
a. Replacement shall be made by the Contractor with the kind and size tree determined by the City Engineer.
b. Where there is a difference in value between the tree lost and the replacement tree, this difference will be deducted from the Contractor’s payment. c. In all cases the value of the trees lost will be determined by the City Engineer, using the latest American Shade Tree Conference guidelines for value determination.

2. Downed trees, due to any cause, shall be removed and the stump ground to a depth of grade level and re-filled the same day of identification or notification.

3. Trees lost from causes other than the Contractor’s negligence shall be replaced by the Contractor with a fifteen (15) gallon size tree and billed according to the additional work section. The City Engineer may specify a species of tree for replacement different from the one lost.

4. If a tree is to be removed, an arborist may be requested by the City.

D. Fertilization

1. The Contractor shall fertilize trees as necessary to maintain horticulturally acceptable health and color.

E. Tree Irrigation

1. All trees shall be adequately irrigated to maintain a healthy and attractive appearance.

2. Irrigation run-off and overspray shall be minimized.

3. Trees shall be irrigated in a method which promotes deep root growth. 1257
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 IV.CC GENERAL CLEAN-UP
A. The Contractor shall remove all trash and accumulated debris from the work sites. In addition, dog feces are also to be removed from the walkways, turf or ground cover areas.

B. The Contractor shall remove all litter from the maintained area on the same schedule as the mowing described above.

C. The Contractor is responsible for removal of all weeds and grass growing in and around the curb and gutter area. The Contractor is responsible to insure the roadway is cleared of all dirt and debris within four (4’) feet of the curb and gutter in all areas adjacent to maintenance responsibilities.

D. The Contractor is responsible for cleaning walkways immediately following mowing and edging and by use of power sweeping or blower equipment not less than once per week.

This includes removal of all foreign objects from surfaces such as gum, dog feces, grease, paint and graffiti. All walkway cracks and expansion joints shall be maintained weed and grass free at all times.

E. The Contractor shall maintain all drains and catch basins free of siltation and debris at all times. All v-ditches and drainage areas shall be kept clean and edged weekly/tied to the mowing schedule by the Contractor.

F. The Contractor shall remove all accumulated leaves from all areas not less than once per week.

IV.DD NATURAL AREAS
A. All natural areas shall be maintained in an existing state except for the following items, which shall be performed on a the same schedule as mowing as described above:

1. Remove all trash and debris, or other items as determined by the City Engineer.

2. Provide and maintain a fifteen (15) foot barren area adjacent to any improved area.

3. Remove and/or repair any dead or broken branches or safety hazards within two (2) hours of identification or notification.

4. Maintain all gates and entryways in a safe and usable condition.

IV.EE REPAIR OF WALKWAYS AND MISCELLANEOUS IMPROVEMENTS A. All walkways shall be maintained by the Contractor so as to keep the integrity of the walking surface in a safe, unimpaired condition. The Contractor shall be entitled to additional compensation, subject to approval by City as stated in Additional Work Section.
1258
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 B. The Contractor will not be responsible for total replacement of walkways as a result of normal deterioration, but will be required to replace all improvements damaged by their negligence.

C. It will be the responsibility of the Contractor to repair or replace miscellaneous improvements such as signs and mowing strips, or any other structural improvements within the work sites, unless otherwise specified. The Contractor shall be entitled to additional compensation, subject to approval from City, for these services as stated in Additional Work Section.

IV.FF EMERGENCY CALLS
A. The Contractor shall have the capability to receive and respond immediately to calls of an emergency nature during normal working hours and outside of normal working hours.

B. Calls of an emergency nature received by the City Engineer shall be referred to the Contractor for immediate disposition.

C. If the Contractor cannot be reached within two (2) hours the City will deduct from the monthly billing the cost of City forces, or other sources, used to repair the emergency.

IV.GG EXTRAORDINARY SERVICES
A. The Contractor shall be responsible for providing extraordinary maintenance repairs to existing landscape and new landscape areas.

1. Extraordinary maintenance shall include answering emergency calls as required. The Contractor shall respond to an emergency call within two (2) hours. The contractor shall maintain a 24 hours a day on-call service for emergency calls.

2. The Contractor shall notify the City Engineer, or their representative by telephone within 24 hours of any emergency extraordinary work that is performed. Nonemergency extraordinary work requires written approval before the work is performed.

3. The Contractor shall be compensated for extraordinary work as defined in the Additional Work Section.

B. In situations involving emergency repair work after normal work hours, the Contractor shall dispatch qualified personnel and equipment to reach the site within two (2) hours.

1. The Contractor’s vehicle shall carry sufficient equipment to effect safe control of traffic.

2. When the Contractor arrives at the site, the Contractor shall set up traffic warning and control devices, if deemed necessary and make the required repairs.

C. If a City representative is at the site when the Contractor arrives, the Contractor shall quickly evaluate the situation and discuss it with the representative. 1259
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 D. An emergency may be called by the following individuals or their designated representative, at any time for extraordinary services involving repair work:

1. City Manager

2. Public Works Director

3. Police Chief

4. City Engineer
IV.HH COMPENSATION
A. Adjustments (additions or deletions) shall be made to the monthly compensation: if/as new areas are included in the City of Banning, Landscape Maintenance District No. 1, or if individual tracts/areas will instead be maintained by Public Works Department staff, or to meet reduced Scope of Work frequencies in Zones/Tracts with operating deficits.

B. Since LMD No. 1 has Zones with operating deficits, the City may reduce services at any time and negotiate with the Contractor for a revised cost estimate. This is often done before the start of the next Fiscal Year. If this is the case, the City will negotiated with the Contractor.

IV.II MINOR MODIFICATION
A. The City Engineer may modify these specifications with the joint approval of the Contractor.

IV.JJ CONTRACTOR NONCOMPLIANCE
A. If the City Engineer determines that there are deficiencies in the performance of the Contract Agreement, the City Engineer will provide a written notice to the Contractor stating the deficiencies and specifying a time frame to correct the specified deficiencies.

This time frame shall be reasonable, as determined by the City Engineer, to correct the specified deficiencies.

B. Should the Contractor fail to correct any deficiencies within the stated time frame, the City Engineer may exercise the following measures:

1. Withhold the entire or partial payment.

2. Utilize City forces, or an alternate source, to correct the deficiency and deduct from the Contractor’s payment the total cost, including City overhead.

3. Deduct liquidated damages. Since it is extremely difficult to set a price on the extent of actual damages which result from failure to correct a deficiency within a stated time frame; a reasonable estimate of such damages shall be set at $200 per day, or a portion thereof, for each deficiency which exceeds the stated time frame. 1260
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 C. The action above shall not be construed as a penalty but as an adjustment of payment to the Contractor to recover City of Banning cost due to the failure of the Contractor to complete or comply with the provisions of the Contract Agreement.

D. The City Engineer shall decide all questions which arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources.

IV.KK PAYMENTS WITHHELD
A. The City may withhold entire or partial payment for reasons as follows:

1. Work required in the specifications which is defective, incomplete or not performed.

2. Claims filed, or reasonable evidence indicating probable filing of claims, by supplier, etc.

3. Failure of the Contractor to make payments to subcontractors, or for materials and/or labor.

4. Reports, logs or written documentation required of the Contractor to be delivered to the City Engineer which are incomplete or not performed.

IV.LL WITHHELD CONTRACT FUNDS
A. The Contractor may, at their sole cost and expense, substitute securities equivalent to any moneys withheld by the City to insure performance under the contract. Such securities shall be deposited with the City or with a State or Federally Chartered Bank as escrow agent who shall pay such moneys to the Contractor upon satisfactory completion of the contract. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Securities eligible for investment under this section shall include those listed in Public Contract Code Section 22300.

IV.MM COMPLAINTS FROM CITY OF BANNING
A. The Contractor shall maintain a monthly written log of all complaints, which includes the date and time received and the action taken or the reason for non-action. The monthly log of complaints shall accompany the monthly invoice.

B. All complaints shall be abated as soon as possible after notification; but in all cases within 24 hours, to the satisfaction of the City Engineer.

C. If any complaint is not abated within 24 hours, the City Engineer shall be notified immediately of the reason for not abating the complaint, followed by a written report to the City Engineer within five (5) days.
1261
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 D. If the complaints are not abated within the time specified, or to the satisfaction of the City Engineer, the City Engineer may correct the specific complaint and the total cost incurred by the City of Banning will be deducted and forfeited from the payments owing to the Contractor from the City of Banning.

IV.NN COMPLIANCE WITH THE LAW
A. The Contractor agrees that their performance under this contract shall comply with all applicable laws of the United States of America, the State of California, the County of Riverside, the City of Banning and any other political entity having jurisdiction over the activities of the contractor.

IV.OO LABOR STRIKE FROM CONTRACTOR STAFF
A. It will be the responsibility of the Contractor to provide continuous maintenance services, without any interruption.

B. In case of any labor strikes, the Contractor shall provide other means, at its own cost, to provide a comparable continuous service as if there were no strike.

C. Failing to do so will cause the City to take whatever action is deemed necessary to provide such service and the cost will be borne by the Contractor.

IV.PP PATENTS
A. The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on, or incorporated in, the work.

IV.QQ ANTI-TRUST CLAIMS
A. In entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professions Code), arising from the purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
1262
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 V. Vendor Questionnaire
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Company’s demonstrated capability to perform work of this type. Emphasis should be concentrated on completeness and clarity of content. Proposals shall adhere to the following format for organization and content. Proposals must be typed and arranged/divided in the following sequence to facilitate evaluation.

V.A Cover Letter*
The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter shall include a brief summary of Company’s qualifications and Company’s willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. The letter must identify a single person for contact during the RFP review process. *Response required
V.B Proposal*
A. Statement of Understanding and Approach
o This section must demonstrate an understanding of the Services. It should describe the general approach, organization and staffing required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section.
o This section should include the following:
▪ An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work.
▪ Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. ▪ Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments.
1263
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 ▪ Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.
▪ Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider proposals that offer alternative service delivery means and methods for the services desired.
▪ Proposers are also requested to identify any City owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the City in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the City, if applicable.

B. Company Information
o This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.
o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.

C. Company Personnel
o This section shall contain names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the Services. Members of the Company’s professional team (managers, contact person, etc.) should be identified by name, title, phone number, and description of the portion of work they will be assigned to perform under this Agreement. Also include major subcontractors (if any) and their degree of involvement in this program. If the Company is including any subcontractors, the Company shall identify how long the Company has worked with the subcontractor. o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

D. Disclosure
o Please disclose any and all past or current business and personal relationships with any current Banning elected official, appointed official, City employee, or family 1264
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 member of any current Banning elected official, appointed official, or City employee.

Any past or current business relationship may not disqualify the firm from consideration.

E. Experience and References
o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirement in #Prerequisites with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years.
o Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include client names, addresses, telephone numbers, type of facility (government or private), and e-mail addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates.
*Response required
V.C Price Proposal*
All proposals submitted shall have a stated dollar bid amount for providing the services outlined in the Scope of Services. The total shall be an all-inclusive maximum price and to contain all direct and indirect costs including all out-of-pocket expenses with a full and complete breakdown of all said costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., for the first year's audit engagement.

In addition, a statement must be included in this section that if the proposer is charging travel costs, the proposer's charges invoiced to the City for travel, lodging and subsistence shall not exceed the current IRS rates.

In Section 6 Pricing Proposal. Enter the monthly cost per zone within OpenGov. In Section 10 Attachments. Use the detail price proposal form to show the breakdown based on frequency.

Also, include labor rates with classification.
*Response required
V.D Value Added Services
Please describe any value-added services your company offers that may be of use to the City V.E Evidence of Insurance*
In addition, the Company shall provide evidence of possession of insurance in the coverage and amounts listed in the Sample Agreement.
1265
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful Proposer must furnish the City with the Certificates of Insurance proving coverage as specified in contract sample.
*Response required
V.F Vendor Forms
Please download the below documents, complete, and upload. • New_Vendor_Packet.pdf
V.G Type of Business*
☐ C Corporation
☐ S Corporation
☐ Limited Liability C Corporation
☐ Partnership
☐ Limited Liability Partnership
☐ Sole Proprietor/Individual
☐ Other
*Response required
V.H Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
*Response required
V.I EX PARTE COMMUNICATIONS CERTIFICATION*
I certify that Bidder and Bidder’s representatives have not had any communication with a City Councilmember concerning this IFB at any time after the date and time that this IFB was publicly advertised.
☐ Yes
☐ No
*Response required
V.J EX PARTE COMMUNICATIONS CERTIFICATION CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
1266
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 V.K DISQUALIFICATIONS QUESTIONNAIRE*
Has the Company, any officer of the Company, or any employee of the Company who has proprietary interest in the Company, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation?
☐ Yes
☐ No
*Response required
V.L DISQUALIFICATIONS QUESTIONNAIRE CONTINUED*
If stated "Yes" above, please explain the circumstances in the following space, or state "None." *Response required
V.M DISCLOSURE OF GOVERNMENT POSITIONS*
Each Bidder shall disclose below whether any owner or employee of the firm currently hold positions as elected or appointed officials, directors, officers, or employees of a governmental entity or held such positions in the past twelve months. List below or state "None." *Response required
V.N CERTIFICATION COMPLIANCE*
Please download the below documents, complete, and upload. • Certification-Compliance_wi...
*Response required
1267
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 VI. Pricing Proposal

PROPOSAL SHEET
Note: “Per plans” means the Tract has improvement plans on file. Retention Basins in Zone 1 will include trash pickup and weed abatement twice per year in price above for Zone 1. The frequency may be reduced in a Zone depending on the budget for that Zone during the term of the contract or Fiscal Year.

Zone Tract No. Specific Location Frequency Quantity Unit of Measure
Unit Cost Total
1 22810,
22811,
22913
Oregon Trail, east side, per site visit with
staff
Shrubs and
ground
cover
quarterly.
12 Monthly
1 30186 Mountain Avenue, Wilson Street and
Oregon Trail west side, does not include
Retention Basin, per Plans and site visit
with staff
Shrubs and
ground
cover
quarterly
12 Monthly
1 30222 Richard Sanchez Park and trail, per Plans
and site visit
Mowing
frequencies:

Weekly
during May
1 through
Aug. 31;
Biweekly
during Sept.
1 through
Oct. 31 and
April 1
through
April 30;
Monthly
Nov. 1
through
March 31.

Shrub
frequencies:

Biweekly
May 1
through
Aug. 31,
then
monthly.
12 Monthly
1 30222 Mountain Avenue, per Plans and site visit Shrubs and ground
cover
quarterly.
12 Monthly
1268
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 Zone Tract No. Specific Location Frequency Quantity Unit of Measure
Unit Cost Total
2 21882 Wilson Street and Highland Home Road
west side, per Site Visit with staff
Mowing
frequencies:

Weekly
during May
1 through
Aug. 31;
Biweekly
during Sept.
1 through
Oct. 31 and
April 1
through
April 30;
Monthly
Nov. 1
through
March 31.

Shrub
frequencies:

Biweekly
May 1
through
Aug. 31,
then
monthly.
12 Monthly
2 23446 Wilson Street and Highland Home Road
east side, includes median on Highland
Home Road, per Site Visit with staff
Mowing
frequencies:

Weekly
during May
1 through
Aug. 31;
Biweekly
during Sept.
1 through
Oct. 31 and
April 1
through
April 30;
Monthly
Nov. 1
through
March 31.

Shrub
frequencies:

Biweekly
May 1
through
Aug. 31,
then
monthly.
12 Monthly
1269
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 Zone Tract No. Specific Location Frequency Quantity Unit of Measure
Unit Cost Total
3 29721 Wilson Street and Omar Street, east side,
per Site Visit with staff and per Plans
Mowing
frequencies:

Biweekly
during May
1 through
Aug. 31;
Monthly
Sept. 1
through
April 30.

Shrubs
frequency:
quarterly.
12 Monthly
4 32109 Wilson Street and Alder Court, west side,
per Site Visit with staff and per Plans
Shrubs and
ground
cover
quarterly.
12 Monthly
5 23598 Wilson Street, Sunrise Ave. and includes
Moonbeam Drive frontage per site visit
with staff and per Plans
Mowing
frequencies:

Biweekly
during May
1 through
Aug. 31;
Monthly
Sept. 1
through
April 30.

Shrubs
frequency:
quarterly.
12 Monthly
6 28252 Hathaway Street, west side, per Plans and
site visit with staff
Mowing
frequencies:

Weekly
during May
1 through
Aug. 31;
Biweekly
during Sept.
1 through
Oct. 31 and
April 1
through
April 30;
Monthly
Nov. 1
through
March 31.

Shrub
frequencies:

Biweekly
May 1
through
Aug. 31,
then
monthly.
12 Monthly
1270
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 Zone Tract No. Specific Location Frequency Quantity Unit of Measure
Unit Cost Total
6 28252 Retention Basin, per Plans and site visit
with staff
Mowing
frequencies:

Weekly
during May
1 through
Aug. 31;
Biweekly
during Sept.
1 through
Oct. 31 and
April 1
through
April 30;
Monthly
Nov. 1
through
March 31.

Shrub
frequencies:

Biweekly
May 1
through
Aug. 31,
then
monthly.
12 Monthly
7 30793 Wilson Street, Foothill Drive, includes
portion of Omar Street, per Site Visit with
staff and per Plans
Shrub
frequencies:

Biweekly
May 1
through
Aug. 31,
then
monthly.
12 Monthly
8 31833 Charles Street, north side, per Site Visit
with staff and per Plans
Mowing
frequencies:

Biweekly
during May
1 through
Aug. 31;
Monthly
Sept. 1
through
April 30.
12 Monthly
8 31834 Charles Street, south side, per Site Visit
with staff and per Plans
Mowing
frequencies:

Biweekly
during May
1 through
Aug. 31;
Monthly
Sept. 1
through
April 30
12 Monthly
1271
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 Zone Tract No. Specific Location Frequency Quantity Unit of Measure
Unit Cost Total
9 31835 Charles Street, Hargrave Street and Victory
Avenue, (tract perimeter) per Site Visit with
staff and per Plans
Shrubs and
ground
cover
quarterly.
12 Monthly
10 30906 Mountain Avenue, west side and interior
Oak Lane, per Site Visit and per Plans
Mowing
frequencies:

Weekly
during May
1 through
Aug. 31;
Biweekly
during Sept.
1 through
Oct. 31 and
April 1
through
April 30;
Monthly
Nov. 1
through
March 31.

Shrub
frequencies:

Biweekly
May 1
through
Aug. 31,
then
monthly.
12 Monthly
10/11 30906,
32370
Retention Basin, per Site Visit and per Plans Tree
trimming
annually,
weed
abatement
and trash
removal
monthly.
12 Monthly
11 32370 Mountain Avenue, west side, North and
South of Cedar Lane, frontage along the
tract, per Site Visit and per Plans
Shrub
frequencies:

Biweekly
May 1
through
Aug. 31,
then
monthly.
12 Monthly
TOTAL
1272
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 VII. Submission Instructions And Inquiries
VII.A Inquiries
If prior to the date fixed for submission of Proposals, a prospective Company discovers any ambiguity, conflict, discrepancy, omission or other errors in this RFP or any of its appendices, exhibits or attachments, the Company shall immediately notify the City of such error in writing and request modification or clarification of the document. Modifications shall be made by written Addenda to the RFP.

If a Company fails to notify the City, prior to the date fixed for submissions of Proposals, of an error in the RFP known to the Company, or an error that reasonably should have been known to the Company, the Company shall submit its Proposal at its own risk, and if the Company is awarded a Contract, it shall not be entitled to additional compensation or time by reason of the error or its later correction.

All communications regarding technical, scope, and/or project related questions and requests for clarifications, changes, exceptions, and deviations to the terms and conditions set forth in this RFP shall be submitted via “Q&A” through the City’s Electronic Bidding System, OpenGov, before the deadline and according to these specifications herein. Any and all other bidding communications shall only be with Barbara Mason, Purchasing Manager, at (951) 922-3121.

The Final day for receipt of questions from the Proposer shall be on or before the due date indicated in the schedule of events section. To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted only in the format set forth above.

Any verbal communications will not be considered or responded to. All questions received by the due date will be logged and reviewed and if required, a response will be provided via an addendum to the RFP that will be posted on the City’s website. Any communications, whether written or verbal, with any City Councilmember, City staff, or RFP evaluation panel member other than the individual indicated above, prior to award of a contract by City Council, is strictly prohibited and the Proposer shall be disqualified from consideration.

VII.B Completion Of Proposal
Proposals shall be completed in all respects as required by this RFP. A proposal may be rejected if conditional or incomplete, or if it contains any alterations or other irregularities of any kind, and will be rejected if any such defect or irregularity can materially affect the quality of the proposal. Proposals which contain false or misleading statements may be rejected. If, in the opinion of the City’s Selection Committee, such information was intended to mislead the City in its evaluation of the proposal, and the attribute, condition, or capability is a requirement of this RFP, the proposal will be rejected. Statements made by a Company shall also be without ambiguity, and with adequate elaboration, where necessary, for clear understanding.

Unauthorized conditions, exemptions, limitations, qualifications, or provisions attached to a Proposal will render it non-responsive and will cause its rejection. 1273
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 The Company, in responding to this RFP, must submit Proposals in the format identified in this RFP. The Proposal must address all requirements of the RFP even if a “no response” is appropriate.

Costs for developing Proposals are entirely the responsibility of the Company and shall not be chargeable to the City. The City shall not be liable for any costs incurred in response to this RFP, including but not limited to, costs for any interviews, presentations, or other follow-up information necessary as part of the selection process. All costs shall be borne by the Company responding to this RFP. The Company responding to this RFP shall hold the City harmless from any liability, claim, and expense whatsoever incurred by or on behalf of the Company.

VII.C Delivery / Submission Of Proposals
The Final day for submission of proposals shall be on or before the due date indicated in the schedule of events section.

Companies shall register on the City’s Electronic Bidding System, https://www.banningca.gov/bids. Once registered, Companies must download the RFP while logged in under their own name and identification number to appear on the Current Prospective Bidders List as a “Prospective Bidder.” Companies that fail to download the RFP will not appear on the Current Prospective Bidders List and their proposals will be considered non-responsive. If a Company is unable to register or download the RFP from the bidding website, a representative may contact ProcureNow.

All proposal documents and supplementary documents must be uploaded using the City’s bidding website prior to event date and time as instructed in this solicitation. Once file(s) have been uploaded and the Submission Status shows as “Submitted” the submission is complete. At that point respondents will receive an email confirmation from the bidding website.

The City reserves the right to reject any and all proposals and to waive information and minor irregularities in any proposal received.

Acceptance of Terms and Conditions - Submission of a proposal pursuant to this RFP shall constitute acknowledgment and acceptance of all terms and conditions hereinafter set forth in this RFP.

The time and date are fixed, and extensions will not be granted unless specifically stated by the City in an addendum to this RFP. Proposals not received before the bid event time will not be accepted.

VII.D Alternative Proposals
Only one proposal is to be submitted by each Company for this RFP. Multiple simultaneous proposals will result in rejection of all Proposals submitted by Company. A Company may, prior to the proposal due date and time, withdraw a proposal and submit a new proposal, so long as the new proposal is submitted before the proposal due date and time. 1274
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 VII.E Examination Of RFP And Sites Of Work
The Company shall carefully examine the RFP and all sites, if applicable, of the work contemplated. The submission of a Proposal shall be conclusive evidence that the Company has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Proposal, RFP, and other Contract Documents.

By submitting a Proposal, the Company hereby certifies that it has: examined the local conditions, read each and every clause of this RFP, included all costs necessary to complete the specified work in its proposed prices, and agrees that if it is awarded the Contract it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any provision of the Contract. Should the conditions turn out otherwise than anticipated by it, the Company agrees to assume all risks incident thereto.

VII.F Addenda
Unless otherwise specified, any addenda issued during the time of bidding must be acknowledged electronically via the City’s Bidding Website, which will be made part of the proposal. Addenda notifications will be provided to those listed on the Electronic Prospective Bidder’s List via email.

VII.G Withdraw Of Proposals
All proposals shall be firm offers and may not be withdrawn for a period of one hundred twenty (120) days following the deadline date for submission of proposals noted herein. Submitted Proposals may be withdrawn at any time prior to the submission deadline. 1275
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 VIII. Evaluation Criteria
The City reserves the right to amend, withdraw, and cancel this RFP. The City also reserves the right to reject all responses to this RFP at any time prior to agreement execution. Furthermore, the City reserves the right to request additional information about any and all Proposals, that in City’s opinion, is necessary to assure that the Company’s competence, number of qualified employees, business organization, experience, and financial resources are adequate to perform the Services.

All Proposals shall be reviewed to verify that the Company has met the minimum requirements as stated in this RFP. Proposals that have not followed the rules, do not meet minimum content and quality standards, and/or do not provide references will be rejected as non-responsive.

Responsive proposals will be evaluated on the basis of the criteria below. If needed, interviews will be scheduled during or after the week indicated in the “Schedule of Events” section.If needed, interviews will be conducted by the same members on the proposal evaluation panel.

Dates, times, and a location will be coordinated at that time if interviews are deemed necessary after the evaluation of responsive proposals. If interviews are deemed necessary, candidates who have submitted the highest scoring proposals within a competitive range as determined by the City will be invited to participate in the interview process.

The selected Company shall then enter into exclusive negotiations with the City to formalize the Scope of Service and Compensation. Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If the City is unable to obtain a fair and reasonable price or cannot reach agreement regarding the terms for the Scope of Services, then the City will end negotiations with that Company and begin negotiations with the next Company which best meets the needs of the City, and so on until a City and the Company reach agreement.

The City intends to select the Company that offers the best value to the City based on the criteria outlined above.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications Points Based 15
(15% of Total)

2. Pricing Points Based 50
(50% of Total)

3. Experience (Projects of similar size and scope) Points Based 15 (15% of Total)

4. Professional References Points Based 5
(5% of Total)
1276
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1

5. Approach and Methodology Points Based 10
(10% of Total)

6. Value Added Services Points Based 5
(5% of Total)
1277
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 IX. Resulting Contract
IX.A CONTRACT TERM
The initial term of the Agreement shall last one (1) year from the date of execution with the option to extend for four (4) additional one-year terms not to exceed five (5) years based upon acceptable performance by the Company, acceptable fees and subject to the same terms and conditions of the Agreement.

Pricing is to remain firm for the initial contract term. Should the option to renew for additional years be exercised, City and Company may negotiate any and all price modifications.

IX.B CONTRACT DOCUMENTS
In submitting a Proposal, the Company agrees to enter into an Agreement with the City without exceptions to the City’s standard agreement. The City’s standard agreement is non-negotiable, and a copy of the standard agreement is attached herein. Any change to the standard agreement will deem the Proposal non-responsive. In the event of a conflict exists between documents the following order of precedence shall apply:
• Agreement
• City of Banning’s Request For Proposals
• Company’s Response to the Request For Proposals
IX.C EXECUTION OF AGREEMENT
After contract award, the following shall be signed and returned to the City within fourteen (14) calendar days from the date the City mails, or by other means delivers said documents to the Company:
• The Agreement in the form included herein, properly executed by the Company. • Certificates of Insurance and Additional Insured Endorsement evidencing coverage as specified in the sample agreement.
• Confirmation of current business tax certificate.
• Bonds, if required.

In any event that day fourteen (14) of calendar days falls on Saturday, Sunday, a legal holiday for the State of California, or on days when the City is closed, the Contract Documents shall be delivered by the following working day.

No Agreement shall be binding upon the City until all documents are fully executed by the Company and the City.
1278
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 IX.D FAILURE TO EXECUTE THE AGREEMENT
Failure to execute the Agreement and furnish the required insurance and business tax certificate, within the required time period shall be just cause for the rescission of the award. If bonds are also required, failure to furnish sufficient bonds shall cause rescission of the award. If the successful Company refuses or fails to execute the Agreement, the City may award the Agreement to the next qualified Company.
1279
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 X. Terms And Conditions
X.A Contract Terms And Conditions
The successful company will be required to execute the City's standard agreement (“Agreement”). A sample is attached herein. The successful company must meet all insurance requirements in the Agreement. All terms and conditions of the Agreement are non-negotiable.

Companies must possess valid City of Banning Business License throughout the term on the contract. Failure to execute the Agreement and furnish the required insurance within the required time period shall be just cause for the rescission of the award. If any of the successful Companies refuse or fail to execute the Agreement, the City may award the Agreement to the next most qualified Company.

X.B Public Records
All Proposals submitted in response to this RFP become the property of the City and pursuant to the Public Records Act (Gov. Code, § 6250 et seq.) are public records, and as such may be subject to public review at least 10 days before selection.

The Company must notify the City in advance of any proprietary or confidential materials contained in the Proposal and provide justification for not making such material public. The City shall have sole discretion to disclose or not disclose such material subject to any protective order that the Company may obtain. Note that under California law, price proposal to a public agency is not a trade secret.

Submission of a proposal shall indicate that, if Proposer requests that the City withhold from disclosure information identified as confidential, and the City complies with the Proposer’s request, Proposer shall assume all responsibility for any challenges resulting from the nondisclosure, indemnify and hold harmless the City from and against all damages (including but not limited to attorney’s fees that may be awarded to the party requesting the Proposer information), and pay any and all costs and expenses related to the withholding of Proposer information. Proposer shall not make a claim, sue, or maintain any legal action against the City or its directors, officers, employees, or agents concerning the disclosure, or withholding from disclosure, of any Proposer information. If Proposer does not request that the City withhold from disclosure information identified as confidential, the City shall have no obligation to withhold the information from disclosure and may release the information sought without any liability to the City.

The City reserves the right to make use of any information or idea contained in the Proposal. All materials, ideas and formats submitted in response to this RFP will become the property of the City upon receipt.
1280
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 X.C Conflict Of Interest
The Proposer warrants and represents that it presently has no interest and agrees that it will not acquire any interest which would present a conflict of interest under California Government Code sections 1090 et seq., or sections 87100 et seq., during the performance of services under any Agreement awarded. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of any Agreement awarded. Violation of this provision may result in any Agreement awarded being deemed void and unenforceable.

X.D Rejection Of Proposals
The City may reject any/or all Proposals and may waive any immaterial deviation in a Proposal.

The City’s waiver of an immaterial defect shall in no way modify this RFP or excuse the Company from full compliance with this RFP and/or the Contract Documents if awarded the Contract.

Proposals that include terms and conditions other than City’s terms and conditions may be rejected as being non-responsive. The City may make investigations as deemed necessary to determine the ability of the Company to perform the work, and the Company shall furnish to the City all such information and data for this purpose as requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Company fails to satisfy the City that such Company is properly qualified to carry out the obligations of the Agreement and to complete the work described herein.

X.E Protest Procedures
Failure to comply with the rules set forth herein may result in rejection of the protest. Protests based upon restrictive specifications or alleged improprieties in the proposal procedure which are apparent or reasonably should have been discovered prior to receipt of proposals shall be filed in writing with the RFP Facilitator at least 10 calendar days prior to the deadline for receipt of proposals. The protest must clearly specify in writing the grounds and evidence on which the protest is based.

Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to submission date of the proposals, such as disputes over the staff recommendation for contract award, shall be submitted in writing to the RFP Facilitator, within forty-eight hours from receipt of the notice from the City advising of staff’s recommendation for award of contract. The protest must clearly specify in writing the grounds and evidence on which the protest is based. The RFP Facilitator will respond to the protest in writing at least three days prior to the meeting at which staff’s recommendation to the City Council will be considered.

Should Proposer decide to appeal the response of the RFP Facilitator, and pursue its protest at the Council meeting, it will notify the RFP Facilitator of its intention at least two days prior to the scheduled meeting.
1281
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 X.F Cancellation
The City retains the right to cancel this RFP at any time, should it be deemed to be in the best interest of the City. No obligation either expressed or implied exists on the part of the City to make an award based on the submission of any proposals. 1282
City of Banning

REQUEST FOR PROPOSAL
OPERATION AND MAINTENANCE OF LANDSCAPE MAINTENANCE - DISTRICT NO. 1 IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.

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

NAME: Date
TITLE:

ATTEST:

Tax ID No.

Caroline Patton Date
Deputy City Clerk
Address:

APPROVED AS TO FORM:

Richards, Watson & Gershon
City Council Approval: _____________
Kevin G. Ennis, Esq., Date
City Attorney

NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 1283
City of Banning – Operation and Landscape
Mainteannce – District NO. 1 RFP-24-061
Due: May 9, 2024, at 11:59 PM
1284
1285
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Cover Letter .................................................................................................................................... 2 Table of contents ............................................................................................................................ 3 A. Statement of Understanding and Approach .............................................................................. 4 B. Company Information ............................................................................................................... 11 C. Company Personnel .................................................................................................................. 15 D. Disclosure ................................................................................................................................. 17 E. Experience and References ....................................................................................................... 18
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Mariposa Landscapes, Inc. takes pride in delivering high-quality service to our clients. We are dedicated to making sure the landscape we maintain in your city is mowed, pruned, watered, and trimmed to be kept away from the sidewalks. We will make sure that our crews are aware to clear debris where needed. Our service for this contract includes inspections of the sites, irrigation reporting, disease and pest control, weed control, trash control, irrigation monitoring, turf care, ground cover care, shrub care, tree care and general clean up. /u‰o
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Our Project Estimator and Account Manager carefully review the project specifications and visit the project site(s) to devise a work plan that meets the project requirements. We also hold a meeting with the Account Manager and the key personnel who will execute the work, to discuss and coordinate the best way to perform the project work. }µu
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Before starting the contract work, we will conduct a thorough inspection and documentation of any deficiencies. We will then submit a comprehensive list to the City of Banning for each location. We will also provide a proposal for restoring the area to its original state if needed and any repairs that may be needed in the irrigation system.

During the meeting, the Account Manager communicates the work task quality requirements and reinforces heightened awareness for critical requirements. Topics for the meeting include:
x Project requirements per specifications.
x Record keeping documents and availability of necessary forms. x Review methods, sequence of work tasks and timeline.

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The Account Manager performs a quality inspection of the work area and:
x Assesses the required work to be done per specifications. x Verifies field measurements.
x Assures availability of required equipment and materials to complete the project. x Identifies potential problems and develops an action plan to resolve them. ^Z
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Mariposa Landscapes, Inc. will submit a detailed schedule to the City of Banning which includes all the routine activities. After submission and approval of this schedule, we will be ready to start work. 1287
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Our proposal is calculated to provide full time employees to the project on a year round basis. It is our goal to provide professional results. Therefore, we will assign the appropriate and trained crew force necessary to complete the specified activities in a professional and timely manner. To achieve the desired results, the appropriate labor will be assigned for every aspect of the work.

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Mariposa has read the scope of work and will make sure we complete the maintenance of the locations provided to a satisfactory level. After reading through the specifications provided by the city, we are confident we can provide the level of maintenance that the City of Banning requires. Our crew will be instructed on what the city expects and the level of maintenance that the City of Banning is looking for per the specifications. With an open line of communication with the City of Banning we can look for deficiencies that can be improved on and make sure the city is satisfied with our service.

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We perform internal quality control on our work to free up our contract monitor or client representative (be it a Public Works Inspector or Property Manager) so that he or she will have a reduced workload. This creates a positive environment for everyone involved and enhances our client relationships. Our main philosophy behind quality control is summed up in one statement “Plan your work and work your plan.” Our Account Managers perform an initial work in process inspection when the first portion of the work activity for each work task is completed. They perform ongoing work in process quality inspections to ensure that the work tasks continue to conform to the project quality requirements. Any outstanding punch items remaining after the work task completion inspection is deemed a nonconformance. Should a problem occur in the quality of work, we systematically contain the issue and quickly make corrections. We expedite a corrective action that brings the workmanship of material issue into conformance by repair, replacement, or rework. Previously completed work is re-inspected for similar non-conformances.

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The Mariposa Account Manager will submit Monthly Work Plans describing maintenance operations of all areas contained within this contract and when the work, including trimming, pruning and applications of chemicals/fertilizers will be accomplished. Other work will include the removing and/or replacing of landscape materials within the scope of this Contract. The work may include landscape renovations of right-of-ways, medians, retention areas and/or common turf areas. The Account Manager will develop the Monthly Work Plans and submit them to the client representative by the 25th of the previous month prior to the regular monthly meeting. The Monthly Work Plan will correlate with the Annual Work Schedule in a more detailed form. After the plan is approved 1288
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at the regular monthly meeting the Monthly Schedule Evaluation Form will be completed with the client representative to evaluate the performance of the current month. The Mariposa Supervisor is responsible for creating and submitting these reports.
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The Irrigation Technician will create the Irrigation Reports at the specified frequencies and the Mariposa Account Manager will insure their accurate and timely completion. These reports will include scheduled formal inspections, all service requests, authorized emergency work and repair of damage. The Irrigation Technician will be responsible for conducting a formal inspection and related repairs of the irrigation system as scheduled. Results of the inspection shall be recorded on the Irrigation Inspection Report and checked for accuracy and then delivered to the client representative. The frequency of these reports will vary depending on the work scope. }µvšDvP
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A critical aspect of the work is communication. Timely and accurate schedules address a lot of this; however, there is another important aspect that is sometimes overlooked: interpretations of quality. What is beautiful to some is not to others, this is why specifications are written. However, there is always some level of interpretation that can vary from person to person. The goal is to have the Mariposa Account Manager and the client representative both interpreting the expectations of the specifications in the same way. The way we accomplish this is through a graded evaluation of every aspect of the landscape on a site by the Mariposa Supervisor and the client representative. This evaluation is performed prior to the regular client representative meeting by the Mariposa Supervisor. When the regular meeting takes place, this same form is given to the client representative to evaluate the exact same items as the Mariposa Account Manager previously graded. Any differences in evaluation that the client representative has of the same work item or area that were graded by the Mariposa Supervisor are addressed immediately and clarified.

The frequency of these evaluations and number of work items evaluated can vary based on the work scope.

However, typically a weekly evaluation will be conducted for quality assurance. Please see the sample form provided.
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Even with jobs that go perfectly there are always items that come up during walk-through inspections. These items may have nothing to do with work quality but may be requests for improvement, additional work or notations of concern, etc. One of the key aspects of an action item list is a target completion date. This is included for every item on our form. The Mariposa Account Manager is committed to completion of a requested activity at an agreed upon date. This is in writing; it’s quick and easy to fill out. The client representative will have confidence that we will keep our promises because they are documented. KµŒP}o]• ͞Proŵises ŵade are proŵises Ŭept.͟ Please see the sample form provided.

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Mariposa will make sure the “Scope of Work” provided by the city is upheld throughout the duration of the contract.

We have put together notes on the tasks and frequencies of each of the tasks provided by the City of Banning. From the weekly mowing , shrub care, ground cover care, and irrigation checking to the annual shrub pruning and tree pruning we have made sure to take a look at the tasks closely to make sure everything is covered. We have allotted 1 Crew of 3 guys twice a week to maintain the landscape in the contract. After that we also have allotted time for tree pruning and shrub pruning within our final price.
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On new contracts we typically purchase trucks and equipment, so we cannot initiate purchases until we have a signed commitment. Quicker startups that are 30 days or less may be an issue with supply chain delays. We prefer a 60 to 90 day start for our procurement. During this period, before the Job Start, we may have one or more meetings with the client to meet the management staff and go over a preliminary schedule of work. We also use this interim time to prepare more detailed maps of the areas with measurements so we can pre-order the materials we will need (fertilizer, IPM material for weed control and other consumables.) :}^šŒš
On day 1 our crews will have detailed maps of the areas along with task lists and the initial schedule. Our management is heavily involved in logistics during this time. We also go through the irrigation systems with our technicians to perform our initial evaluation. If we find anything that is broken, inoperative or neglected, we create a detailed list with repair pricing and a completion schedule for the customer. ïìÇ
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At 60 days we anticipate operations to be going smoothly and meeting expectations. We perform a customer survey to assess the customer’s perception of the experience related to the proposal process, transition to operations and the actual performance on the job. Our goal is to receive the highest score possible from our clients and provide complete customer satisfaction.
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At 90 days the customer receives a survey with one question on it “Would you recommend Mariposa Landscapes to other customers right now?” Our goal is to receive an enthusiastic “Yes” to this question.

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If the scope of work fluctuates from the specifications Mariposa would be happy to have a conversation with the city regarding what an update to the scope entails and how the prices will be adjusted. We are open to having a back and forth on what the city would like to change and how that will impact the current scope of work.

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The main role the city will need to provide for Mariposa will be the point of contact for the contract. We will need to report on how the current state of the contract is looking. We will need the point of contact to make sure that if any deficiencies are reported to the city they are relayed back to Mariposa for correction. /vv}Àš]À

Mariposa Landscapes, Inc. is always trying to make sure we are tackling every task given to us in innovative ways.

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Mariposa Landscapes, Inc. uses every effort to implement “green” environment and energy conservation measures.

Our company has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites.

Mariposa currently uses hybrid vehicles and is researching and looking forward to obtaining hybrid equipment to be used on our contracts. We strive to be as environmentally conscientious as possible and are expanding our operations to achieve this goal.
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In addition to these and other Green Initiatives, we are also committed to leading the industry in minimizing any potential negative impact on the environment.

The key points of its strategy to achieve this are:
x Minimize waste by evaluating operations and ensuring they are as efficient as possible. x Minimize toxic emissions through the selection and use of its fleet and equipment. x Actively promote recycling both internally and amongst its customers and suppliers. x Meet or exceed all the environmental legislation that relates to the Company. x Adhere to all local codes and ordinances regarding water conservation. ]šÇKÁv
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Mariposa Landscapes Inc. does not intend on using any storage and will bring everything needed from our yard in Bermuda Dunes.
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Legal Name: Mariposa Landscapes, Inc.

Main Office/Mailing Address: 6232 Santos Diaz St., Irwindale, CA 91702 Telephone Number: (626) 960-0196
Fax Number: (626) 960-8477
Proposal Contact Email Address: [email protected] Proposal contact: Eduardo Salmeron
President: Terry Noriega
California Corporation: C1469653
California Employer ID: 368-4753-1
Date Incorporated: January 26th, 1981
Organization Type: Mariposa Landscapes Inc. is a corporation. 1294
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MBE Certification, File No. CCA-7150 for the City of Los Angeles, The Women and Minority Business Enterprise Clearing house has audited and verified our eligibility as a MBE pursuant to the California Public Utilities Commission General Order 156.
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Mariposa has been capable of meeting all financial obligations for over 45 years. A strong balance sheet supports $100 Million bonding capacity.
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Mariposa Landscapes, Inc. has a recycling program for green waste and paper products. We implement this program at our local offices and at all job sites. Mariposa currently uses hybrid vehicles and electric equipment where required. Mariposa notifies all project managers of the green initiatives prior to the award of contract. 1295
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15529 Arrow Highway
Irwindale, CA 91706
Phone 626 960-0397
Fax 626 960-3809

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1107 E. Walnut St
Santa Ana, CA 92701
Phone 626 960-0196
Fax 626 960-8477

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11093 Almond Avenue
Fontana, CA 92335
Phone 909 429-2546
Fax 909 429-2749

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13333 S. Central Ave
Chino, CA 91710
Phone 626 960-0196
Fax 626 960-8477

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1650 W 130th St
Gardena, CA 90248
Phone 626 960-0196
Fax 626 960-8477

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4790 E. Los Angeles Ave.

Somis, CA 93066
Phone (800) 794-9458
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78355 Darby Rd
Bermuda Dunes, CA 92203
Phone 626 960-0196
Fax 626 960-8477

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1833 Oceanside Blvd.

Oceanside, CA 92054
Phone 626 960-0196
Fax 626 960-8477

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7677 N. 67th Avenue
Glendale, AZ 85301
Phone 623 463-2200
Fax 623 463-2223
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At Mariposa Landscapes, Inc. we have a seasoned team of management that bring years of experience in the landscaping field. We are proud to display our management chart along with the resumes of each of the individuals that make up the management team.

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x 45+ years of experience in landscape installation and maintenance x B.S. in Ornamental Horticulture: California State Polytechnic University, Pomona x California Contractors Licenses: C-27, A, C61/D49 and C-31 x Pest Control Advisor in 6 Categories
x Qualified Pest Control Applicator in 7 Categories
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x ISA Certified Arborist WE-1182A
x Arizona Contractor’s License: ROC178088 K-21
x Arizona Qualifying Party License: 8263
x Arizona Pest Control Business License: 8246
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x Over 30 years of experience in landscape maintenance and irrigation troubleshooting
x Pest Control Qualified Applicator in 3 Categories
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x Certified Landscape Professional
x Backflow Certification in Los Angeles County
x Landscape Water Auditor: Cal Poly SLO
x Past affiliation – Certified Playground Inspector
President
Terry Noriega
Finance
Controller
Theresa Lu
Human Resources
HR Manager
Brandon Huang
Sales
VP Sales & Marketing
Larry Rudd
Corporate Resources
Manager
Saul Ruiz
Operations
VP Operations
Antonio Valenzuela
Maintenance
Division Manager
Luis Valenzuela
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x B.S. in Business Management, University of Phoenix
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x WaterSense Certified
x Arizona Certified Landscape Professional
x American Green Zone Alliance – Electric Equipment
x CPR Safety Trained
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x Over 16 years of experience working in the safety industry x Certified OSHA 8, 10, 16, and 30
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x Certified Forklift Instructor
x Certified Claims Adjuster

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x Certification – Effective Business Leadership & Development – PDC/GCC 1299
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Andres Perez is the Branch Manager for our Bermuda Dunes yard and is responsible for all surrounding areas. He will be the person overlooking the Account Manager, field supervisor and foreman. Andres has over 25 years of work experience in landscape operations and has past experience working in the City of Banning. Andres Perez will be the person responsible for project management, communication with Regional Manager, Account Manager, and contact with the City of Banning. x Over 25 years of experience in the landscape industry x Qualified Applicator License, Category B
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x Certificate – Irrigation Design
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x CVAG Overseeding Certificate
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Mariposa Landscapes Inc. will ensure that every member of our key professional staff holds the appropriate licenses to practice landscaping and related services within the state. We are committed to upholding the highest standards of professional conduct and we pledge to maintain all necessary licensure for the execution of any project in California.
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Mariposa Landscapes, Inc. has not had any past or present business or personal relationships with any current City of Banning elected official, appointed official, City employee or family. 1300
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Mariposa Landscapes, Inc. has been in business over 45 years providing landscape maintenance services for various cities, counties, public agencies, and private companies. We are a full-service landscape company providing Landscape Maintenance, Landscape Construction, Tree Care, and Hardscape Construction services primarily in the Southern California region. In addition to the required C-27 license, we carry A, C-61/D-49, and C-31 licenses. This diversity of capabilities and proven expertise is not found with other landscape maintenance competitors.

Our attention to quality and detail is well documented. Our depth of knowledge and level of experience in our management and supervisory personnel is unmatched by competitors.

Mariposa proudly employs amazing team members in the Southern California Region, including Certified Irrigators, Certified Landscape Techs, Certified Arborists and Pest Control Advisor/ Applicators. Mariposa owns 95% of all vehicles and equipment used in its operations. Our entire fleet of equipment is less than 5 years old and well maintained by in-house mechanics who can respond to emergencies immediately. We maintain an inventory of replacement equipment, allowing our Operations team to stay consistent with schedules. We are available 24 hours a day to address emergency call outs.

Mariposa ownership and management are professional landscape people. We embrace the best horticultural practices and are constantly looking for the most effective approach for overall successful landscape maintenance results.

We are committed to bringing the best possible quality for our customers, their properties, and projects. We provide prompt service, expert workmanship, and superior products. We take pride in meeting and exceeding expectations. Our goal is to deliver excellent value for our clients’ investment. We treat each customer with extra care and attention. Our work reflects who we are, and we strive to go above and beyond to complete all projects efficiently and provide cities with an esthetically pleasing landscape appearance which they can be proud of.

We partner with our clients to achieve a common goal. From simple to complex projects, we coordinate our vast array of expertise to create the project our clients envision. Award-winning craftsmanship, in depth knowledge and high standards of professionalism are applied at every level of work. vlŒµ‰šÇ
Mariposa has not filed for Bankruptcy under any business name over the last 5 years. 1301
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Here at Mariposa Landscapes, Inc. we take pride in our work and thrive on keeping our company as one of the most recommended in the industry. Our steady record of customer satisfaction has allowed us to maintain positive relationships with our clients. All of the references below are government facilities. ]šÇ}(&}všv Term: 2020-2022
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Landscape Maintenance, Irrigation maintenance and Installation. Scope includes inspections, mowing, trimming, pruning, fertilization, aeration, weed control, cultivation, pest control, tree surgery, de-thatching, plant replacements, renovation, clean-up of park facilities and drainage facilities. $3,419,517 Per Yr.

Brian Clements, Parks and Landscape
Supervisor
(909) 350-6771 [email protected]
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Landscape Maintenance: Plant litter and trash control, pest control, plant maint., tree maint., turf maint., planter maint., hardscape maint., and irrigation maintenance.
$483,828 Per Yr.

Randy Chavez, Deputy Director of
Public Works
(760) 902-9064 [email protected]
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Landscape Maintenance: Plant litter and trash control, weed/pest control, plant maintenance, tree maintenance, hardscape and decomposed granite planter areas, and irrigation system maintenance.
$476,160 Per Yr.

Mike Munoz, Landscape Supervisor (760) 578-6471 [email protected] 1302
City of Banning – Operation and Landscape
Mainteannce – District NO. 1 RFP-24-061
Pricing Proposal
Due: May 9, 2024, at 11:59 PM
1303
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 22810 Oregon Trail, east side, per site visit with staff $ 1,740.00 $ 145.00 22811 Oregon Trail, east side, per site visit with staff $ 2,103.31 $ 175.28 22913 Oregon Trail, east side, per site visit with staff $ 1,740.00 $ 145.00 30186
Mountain Avenue, Wilson Street and Oregon Trail
west side, does not include Retention Basin, per
Plans and site visit with staff.
$ 10,987.75 $ 915.65
30222 Mountain Avenue, per Plans and site visit $ 2,509.43 $ 209.12 Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30222
Richard Sanchez Park and trail, per Plans and site
visit .
$ 2,258.96 $ 2,258.96 $ 2,258.96 $ 2,258.96 $ 1,129.48 $ 1,129.48 $ 564.74 $ 564.74 $ 564.74 $ 564.74 $ 564.74 $ 1,130.06 $ 15,248.55 $ 1,270.71 May June July August September October November December January February March April Annual Cost Monthly Average 30222
Richard Sanchez Park and trail, per Plans and site
visit
$ 1,285.10 $ 1,285.10 $ 1,285.10 $ 1,285.10 $ 642.55 $ 642.55 $ 642.55 $ 642.55 $ 642.55 $ 642.55 $ 642.55 $ 642.55 $ 10,280.79 $ 856.73 NOTE:

Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 21882
Wilson Street and Highland Home Road west side,
per Site Visit with staff
$ 310.04 $ 310.04 $ 310.04 $ 310.04 $ 155.02 $ 155.02 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 155.02 $ 2,092.79 $ 174.40 23446
Wilson Street and Highland Home Road east side,
includes median on Highland Home Road, per Site
Visit with staff
$ 310.04 $ 310.04 $ 310.04 $ 310.04 $ 155.02 $ 155.02 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 77.51 $ 155.02 $ 2,092.79 $ 174.40 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 21882
Wilson Street and Highland Home Road west side,
per Site Visit with staff
$ 665.25 $ 665.25 $ 665.25 $ 665.25 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 5,321.96 $ 443.50 23446
Wilson Street and Highland Home Road east side,
includes median on Highland Home Road, per Site
Visit with staff
$ 665.25 $ 665.25 $ 665.25 $ 665.25 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 332.62 $ 5,321.96 $ 443.50 ZONE 1
$ 435.00
$ 525.83
$ 435.00
$ 2,746.94
$ 525.83
$ 435.00
$ 2,746.94
$ 627.36
$ 525.83
$ 435.00
$ 2,746.94
$ 627.36
$ 525.83
$ 435.00
$ 2,746.94
$ 627.36
Quarterly Quarterly Quarterly Quarterly
$ 435.00 $ 435.00 $ 435.00
ZONE 3
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31.

Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
Mowing Frequencies
ZONE 2
$ 627.36
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
Retention Basins in Zone 1 will include trash pickup and weed abatement twice per year in price.

Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31 Shrub Frequencies
Shrub & Ground Cover Frequencies
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TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 29721
Wilson Street and Omar Street, east side, per Site
Visit with staff and per Plans
$ 51.40 $ 51.40 $ 51.40 $ 51.40 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 411.16 $ 34.26 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 29721
Wilson Street and Omar Street, east side, per Site
Visit with staff and per Plans
$ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 742.28 $ 61.86 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 32109
Wilson Street and Alder Court, west side, per Site
Visit with staff and per Plans
$ 220.97 $ 220.97 $ 220.97 $ 220.97 $ 220.97 $ 220.97 $ 220.97 $ 220.97 $ 220.97 $ 220.97 $ 220.97 $ 220.97 $ 2,651.59 $ 220.97 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 23598
Wilson Street, Sunrise Ave. and includes Moonbeam
Drive frontage per site visit with staff and per Plans
$ 38.35 $ 38.35 $ 38.35 $ 38.35 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 306.76 $ 25.56 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 23598
Wilson Street, Sunrise Ave. and includes Moonbeam
Drive frontage per site visit with staff and per Plans
$ 464.62 $ 464.62 $ 464.62 $ 464.62 $ 464.62 $ 464.62 $ 464.62 $ 464.62 $ 464.62 $ 464.62 $ 464.62 $ 464.62 $ 5,575.48 $ 464.62 Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 28252
Hathaway Street, west side, per Plans and site visit
with staff
$ 252.47 $ 252.47 $ 252.47 $ 252.47 $ 126.23 $ 126.23 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 126.23 $ 1,704.16 $ 142.01 28252 Retention Basin, per Plans and site visit with staff $ 252.47 $ 252.47 $ 252.47 $ 252.47 $ 126.23 $ 126.23 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 126.23 $ 1,704.16 $ 142.01 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 28252
Hathaway Street, west side, per Plans and site visit
with staff
$ 223.07 $ 223.07 $ 223.07 $ 223.07 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 1,784.54 $ 148.71 Monthly Sept 1 - April 30
ZONE 5
Biweekly May 1 - Aug. 31
Shrub Frequencies
Quarterly Quarterly Quarterly Quarterly
Monthly Sept. 1 - April 30
Mowing Frequencies
ZONE 6
Shrub Frequencies
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31
Quarterly Quarterly Quarterly
Shrub & Ground Cover Frequencies
Quarterly Quarterly Quarterly Quarterly
Biweekly May 1 - Aug. 31
Monthly Nov. 1 - March 31
ZONE 4
Mowing Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept. 1 - April 30.

Shrub Frequencies
Quarterly
1305
28252 Retention Basin, per Plans and site visit with staff $ 141.14 $ 141.14 $ 141.14 $ 141.14 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 1,129.09 $ 94.09 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30793
Wilson Street, Foothill Drive, includes portion of
Omar Street, per Site Visit with staff and per Plans
$ 264.05 $ 264.05 $ 264.05 $ 264.05 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 2,112.36 $ 176.03 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 31833
Charles Street, north side, per Site Visit with staff
and per Plans
$ 161.15 $ 161.15 $ 161.15 $ 161.15 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 1,289.17 $ 107.43 31834
Charles Street, south side, per Site Visit with staff
and per Plans
$ 161.15 $ 161.15 $ 161.15 $ 161.15 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 1,289.17 $ 107.43 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 31835
Charles Street, Hargrave Street and Victory
Avenue, (tract perimeter) per Site Visit with staff
and per Plans
$8,058.98 $671.58
Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906
Mountain Avenue, west side and interior Oak Lane,
per Site Visit and per Plans
$ 341.84 $ 341.84 $ 341.84 $ 341.84 $ 170.92 $ 170.92 $ 85.46 $ 85.46 $ 85.46 $ 85.46 $ 85.46 $ 170.92 $2,307.41 $192.28 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906
Mountain Avenue, west side and interior Oak Lane,
per Site Visit and per Plans
$ 295.69 $ 295.69 $ 295.69 $ 295.69 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $2,365.53 $197.13 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 32370
Mountain Avenue, west side, North and South of
Cedar Lane, frontage along the tract, per Site Visit
and per Plans
$ 110.71 $ 110.71 $ 110.71 $ 110.71 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $885.66 $73.81 ZONE 10 & 11
$2,014.75 $2,014.75 $2,014.75 $2,014.75
Quarterly Quarterly Quarterly
ZONE 8
ZONE 9
Biweekly during May 1 - Aug. 31 Monthly Sept. 1 - April 30 ZONE 7
Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
Mowing Frequencies
Mowing Frequencies
Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31 Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
Shrub & Ground Cover Frequencies
Quarterly
1306
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906, 32370 Retention Basin, per Site Visit and per Plans $2,232.00 $186.00 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906, 32370 Retention Basin, per Site Visit and per Plans $ 1,596.15 $ 1,596.15 $ 1,596.15 $ 1,596.15 $ 1,596.15 $ 1,596.15 $ 1,596.15 $ 1,596.15 $ 1,596.15 $ 1,596.15 $ 1,596.15 $ 1,596.15 $19,153.75 $1,596.15 NOTE: The frequency may be reduced in any Zone(s) depending on the budget for that Zone during the term of the contract or Fiscal Year.

Weed Abatement & Trash Removal Monthly
Tree Trimming Annually
$2,232.00
1307
Travel Costs
Mariposa Landscapes, Inc. will not be charging travel costs. We will be bringing our man power and equipment for our Bermuda Dunes yard.
1308
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 22810 Oregon Trail, east side, per site visit with staff $ 1,178.98 $ 98.25 22811 Oregon Trail, east side, per site visit with staff $ 1,425.15 $ 118.76 22913 Oregon Trail, east side, per site visit with staff $ 1,178.98 $ 98.25 30186
Mountain Avenue, Wilson Street and Oregon Trail
west side, does not include Retention Basin, per
Plans and site visit with staff.
$ 8,624.03 $ 718.67
30222 Mountain Avenue, per Plans and site visit $ 2,509.43 $ 209.12 Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30222 Richard Sanchez Park and trail, per Plans and site visit .
$ 1,215.49 $ 1,215.49 $ 1,215.49 $ 1,215.49 $ 1,215.49 $ 607.74 $ 607.74 $ 607.74 $ 607.74 $ 607.74 $ 607.74 $ 607.74 $ 10,331.66 $ 860.97 May June July August September October November December January February March April Annual Cost Monthly Average 30222 Richard Sanchez Park and trail, per Plans and site visit
$ 3,483.01 $ 3,483.01 $ 6,966.02 $ 580.50
NOTE:

ZONE 2
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31.

Weekly May 1 - Sept 30 Weekly Sept,Biwkly Oct Monthly Nov. 1 - March 31 Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
$ 627.36 $ 627.36 $ 627.36 $ 627.36
Mowing Frequencies
$ 1,178.98
$ 4,312.01 $ 4,312.01
$ 1,178.98
$ 1,425.15
ZONE 1
Shrub & Ground Cover Frequencies
Quarterly Quarterly Quarterly Quarterly
Weekly Sept. Biweekly Oct
1309
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 29721 Wilson Street and Omar Street, east side, per Site Visit with staff and per Plans
$ 51.40 $ 51.40 $ 51.40 $ 51.40 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 25.70 $ 411.16 $ 34.26 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 29721 Wilson Street and Omar Street, east side, per Site Visit with staff and per Plans
$ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 61.86 $ 742.28 $ 61.86 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 32109 Wilson Street and Alder Court, west side, per Site Visit with staff and per Plans
$ 360.73 $ 360.73 $ 360.73 $ - $ - $ - $ 360.73 $ 360.73 $ 360.73 $ - $ - $ - $ 2,164.38 $ 180.37 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 23598 Wilson Street, Sunrise Ave. and includes Moonbeam Drive frontage per site visit with staff and per Plans
$ 38.35 $ 38.35 $ 38.35 $ 38.35 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 19.17 $ 306.76 $ 25.56 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 23598 Wilson Street, Sunrise Ave. and includes Moonbeam Drive frontage per site visit with staff and per Plans
$ 822.51 $ 822.51 $ 822.51 $ - $ - $ - $ 822.51 $ 822.51 $ 822.51 $ - $ - $ - $ 4,935.05 $ 411.25 Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 28252 Hathaway Street, west side, per Plans and site visit with staff
$ 252.47 $ 252.47 $ 252.47 $ 252.47 $ 126.23 $ 126.23 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 126.23 $ 1,704.16 $ 142.01 28252 Retention Basin, per Plans and site visit with staff $ 252.47 $ 252.47 $ 252.47 $ 252.47 $ 126.23 $ 126.23 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 63.12 $ 126.23 $ 1,704.16 $ 142.01 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 28252 Hathaway Street, west side, per Plans and site visit with staff
$ 223.07 $ 223.07 $ 223.07 $ 223.07 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 111.53 $ 1,784.54 $ 148.71 28252 Retention Basin, per Plans and site visit with staff $ 141.14 $ 141.14 $ 141.14 $ 141.14 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 70.57 $ 1,129.09 $ 94.09 Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
ZONE 6
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31 Shrub Frequencies
Mowing Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept. 1 - April 30
Shrub Frequencies
Quarterly Quarterly Quarterly Quarterly
Shrub & Ground Cover Frequencies
Quarterly Quarterly Quarterly Quarterly
ZONE 5
Shrub Frequencies
Quarterly Quarterly Quarterly Quarterly
ZONE 4
Biweekly May 1 - Aug. 31 Monthly Sept. 1 - April 30.
1310
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30793 Wilson Street, Foothill Drive, includes portion of Omar Street, per Site Visit with staff and per Plans
$ 264.05 $ 264.05 $ 264.05 $ 264.05 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 132.02 $ 2,112.36 $ 176.03 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 31833 Charles Street, north side, per Site Visit with staff and per Plans
$ 161.15 $ 161.15 $ 161.15 $ 161.15 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 1,289.17 $ 107.43 31834 Charles Street, south side, per Site Visit with staff and per Plans
$ 161.15 $ 161.15 $ 161.15 $ 161.15 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 80.57 $ 1,289.17 $ 107.43 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 31835
Charles Street, Hargrave Street and Victory Avenue,
(tract perimeter) per Site Visit with staff and per
Plans
$6,036.63 $503.05
Biweekly In April
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906 Mountain Avenue, west side and interior Oak Lane, per Site Visit and per Plans
$ 341.84 $ 341.84 $ 341.84 $ 341.84 $ 170.92 $ 170.92 $ 85.46 $ 85.46 $ 85.46 $ 85.46 $ 85.46 $ 170.92 $2,307.41 $192.28 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906 Mountain Avenue, west side and interior Oak Lane, per Site Visit and per Plans
$ 295.69 $ 295.69 $ 295.69 $ 295.69 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $ 147.85 $2,365.53 $197.13 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 32370
Mountain Avenue, west side, North and South of
Cedar Lane, frontage along the tract, per Site Visit
and per Plans
$ 110.71 $ 110.71 $ 110.71 $ 110.71 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $ 55.35 $885.66 $73.81 TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906, 32370 Retention Basin, per Site Visit and per Plans $0.00 $0.00 $0.00 Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
Tree Trimming Annually
ZONE 10 & 11
Mowing Frequencies
Weekly May 1 - Aug. 31 Biweekly Sept. 1 - Oct. 31 Monthly Nov. 1 - March 31 Shrub Frequencies
Quarterly Quarterly Quarterly Quarterly
$3,018.32 $3,018.32
ZONE 8
Mowing Frequencies
Biweekly during May 1 - Aug. 31 Monthly Sept. 1 - April 30 ZONE 9
Shrub & Ground Cover Frequencies
ZONE 7
Shrub Frequencies
Biweekly May 1 - Aug. 31 Monthly Sept 1 - April 30
1311
TRACT NO. SPECIFIC LOCATION May June July August September October November December January February March April Annual Cost Monthly Average 30906, 32370 Retention Basin, per Site Visit and per Plans $0.00 $0.00 NOTE:

Weed Abatement & Trash Removal Monthly
The frequency may be reduced in any Zone(s) depending on the budget for that Zone during the term of the contract or Fiscal Year. 1312

CITY OF BANNING

STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Lincoln Bogard, Administrative Services Director MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolutions 2024-109, 2024-110, 2024-04 SA, and 2024- 05 UA, Approving the Citywide Biennial Fiscal Year 2024-25 and Fiscal Year 2025-26 Budgets
RECOMMENDATION:

Adopt Resolutions 2024-109, 2024-110, 2024-04 SA, and 2024-05 UA.

BACKGROUND:

Fiscal staff has tentatively finalized the process of preparing the Citywide Biennial Fiscal Year 2024-25 and Fiscal Year 2025-26 Recommended Budgets. This is the final iteration that was presented to the Budget & Finance Committee (BFC) and now to the City Council. The first budget presented was a Preliminary Citywide Biennial Budget. This second budget is the Recommended Citywide Budget. As stated previously, staff endeavored to hone the budget throughout the process to achieve a balanced budget.

Property Tax and various other general revenues revenues are anticipated to continue to increase.

There are some one-time revenues in Fiscal Year 2024-25 in the General Fund. Staff managed to create a balanced budget without those one-time revenues in Fiscal Year 2025-26. Currently, the General Fund is expecting a Net Income of $76,417 in Fiscal Year 2024-25 and $78,616 in Fiscal Year 2025-26.

Special Revenue Funds are expecting a Net Loss of ($1,184,282) in Fiscal Year 2024-25 and ($475,731) in Fiscal Year 2025-26. We are expecting approximately $1.5 million in Development Impact Fees to help offset those losses. We will budget at mid-year when we know the actual expected revenues.

Capital Projects Funds are expecting Net Losses of ($566,490) and ($621,490) in the next two Fiscal Years, respectively. Council recently approved an Impact Fee Study and we plan to budget for those expected revenue sources after the completion and approval of the fee study. That is expected to alleviate the deficits in Capital Projects Funds going forward.

We did not adjust the budget for the Airport Enterprise since it is now in wind down and we are unsure of what those costs will be at current.

Transit Enterprise is expecting Net Incomes of $498,539 in Fiscal Year 2024-25 and $5,000,549 in Fiscal Year 2025-26. The large Net Income in Fiscal Year 2025-26 is expected to offset the large Net Loss in FY 2023-24 (this current fiscal year).

Water Enterprise is currently budgeted for a Net Loss of ($10,519,252) and ($4,704,365) in the next two years, respectively. While some drawdown of reserves was expected, the new state standards 1313
surrounding Chromium 6 was not included in the rate study that was conducted a couple of years ago. While staff is endeavoring to reduce cost elsewhere, the implementation of the Chromium 6 compliance is considerable and requires significant capital investment.

Wastewater Enterprise has a budgeted Net Loss of ($1,556,661) in Fiscal Year 2024-25 and Net Income of $4,335,593 in FY 2025-26. That large net income is expected to offset capital construction of the proposed Wastewater Treatment Plant.

Internal Service Funds are still budgeted for large Net Losses of ($4,777,945) and ($4,503,600) for the upcoming budget periods. Staff plans to address this at mid-year when we have updated the Citywide Cost Allocation Plan (2 CFR 200 compliant).

Fiduciary Funds and Successor Agency Funds do not require budgets, but have been presented for transparency purposes.

JUSTIFICATION:

The City budgets for a two-year period and this is the Citywide Recommended Budget for Fiscal Years 2024-25 and 2025-26. A mid-year budget update is done midway through each Fiscal Year and a midcycle update will be presented in June of 2025.

The Recommended Biennial Budget can be viewed on the City Transparency Portal at:
https://banningca.opengov.com/transparency#/104821/accountType=revenuesVersusExpenses&embed=n&breakdow FISCAL IMPACT:

There is no direct fiscal impact, but the budget sets expectations for receipts of revenues and appropriates spending authority for all funds throughout the budget cycles.

ALTERNATIVES:

1. Adopt Resolutions 2024-109, 2024-110, 2024-04 SA, and 2024-05 UA as presented.

2. Do not adopt Resolutions and provide alternative direction to staff.

ATTACHMENTS:

1. Resolution 2024-109, Budget.docx

2. Exhibit A-Recommended Budget FY 2024-25 and 2025-26.pdf

3. Exhibit B-Resolution 2024-109-Recommended Classification Listing 2024-25 and 2025-26.pdf

4. Exhibit C-Resolution 2024-109-CIP 5 Year 2024-2028 .pdf

5. Resolution 2024-110, GANN Limit.docx

6. Exhibit A-Resolution 2024-110.pdf

7. Resolution 2024-05 UA, Budget.docx

8. Resolution 2024-04 SA, Budget.docx
1314
Resolution 2024-109

Page 1 of 4 ends

Banning City CouncilJune 25, 2024

Banning City Council
June 25, 2024